mi* 
 
KDKl865.A3 n i876 VerSi,y Ubrary 
 T wiw»SS.a„:, 869 * 1 »". and v 
 
 3 1924 017 829 403 
 
Cornell University 
 Library 
 
 The original of this book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924017829403 
 
Irish Ecclesiastical Property Statutes and Leading; Cases. 
 
 THE 
 
 IRISH CHUECH ACTS, 1869 & 1872, 
 
 AND 
 
 VAKIOUS STATUTES CONNECTED THEREWITH, 
 
 INCLUDING 
 
 "THE IKISH PRESBYTERIAN CHURCH ACT, 1871," 
 "THE GLEBE LOAN (IRELAND) ACTS, 1870 to 1875," 
 " THE GLEBE LANDS (IRELAND) ACTS, 1856 to 1875," 
 "THE PAROCHIAL RECORDS (IRELAND) ACT, 1875," 
 &c, &c, 
 
 TOGETHER WITH 
 
 REPORTS OF LEADING CASES 
 
 DECIDED UNDER THE IRISH CHURCH ACTS, 
 
 AND THE 
 
 GENERAL RULES AND FORMS OF PROCEDURE 
 
 OF 
 
 THE COMMISSIONERS OF CHURCH TEMPORALITIES IN IRELAND, 
 
 &c. 
 
 WITH AN INDEX. 
 
 BY 
 
 WILLIAM LEIGH BERNARD, ESQ., 
 
 BABEISTEB-AT-LAW, 
 
 CHIEF CLERK TO THE COMMISSIONERS, 
 
 EDITOR OF "DECISIONS UNDER THE IRISH CHURCH ACT, 1869." 
 
 DUBLIN: 
 
 HODGES, FOSTER, & CO., 104, GRAFTON-STREET, 
 
 iJnMisfcirs to % Snifttraitjj. , 
 
 1876. 
 All Bights Reserved. 
 
CEnirtcB at Stationers' 3§aII. 
 
PREFACE. 
 
 The object of this volume is to supply a hand-book con- 
 taining the principal statutes now in use relating to Eccle- 
 siastical Property in Ireland, and at the same time provide 
 an accurate report, brought down to the present time, of the 
 " leading cases decided under The Irish Church Acts," 
 frequent inquiries having been made for the third edition 
 of " Decisions under The Irish Church Act, 1869," published 
 three years ago, and for some time out of print. 
 
 The work is divided into four parts : — Part I. contains a 
 reprint of The Irish Church Acts, together with some 
 notes illustrating the working of those important statutes. 
 Part II. contains a reprint of the principal statutes incor- 
 porated or connected with " The Irish Church Acts," includ- 
 ing ' 4 The Leasing Powers Acts for Keligious Worship in 
 Ireland of 1855 and 1875," "The Glebe Loan (Ireland) Acts, 
 1870 to 1875," and " The Glebe Lands, Representative Church 
 Body (Ireland), Act, 1875," which enables The Represen- 
 tative Church Body to recover compensation for malicious 
 injury to Churches. Part III. contains a report of the 
 "leading cases decided under The Irish Church Acts," 
 
IV PEEFACE. 
 
 divided into appropriate classes. Part IV. contains the 
 General Rules, Orders, and Forms of Procedure under The 
 Irish Church Acts, including Forms of Conveyance, &c, and 
 the Charter of Incorporation of The Representative Church 
 Body. 
 
 WILLIAM LEIGH BERNARD. 
 
 24, Upper Meeeiok-steeet, Dublin, 
 Hilary Vacation, 1876. 
 
CONTENTS. 
 
 PAET I, — The Irish Church Acts. 
 
 Pago 
 
 I. "The Irish Church Act, 1869" [32 & 33 Vic. c. 42], . . I 
 
 II. " The Irish Church Amendment Act, 1872" (No. 1) [35 & 36 
 
 Vic. c. 13], . . . .. 41 
 
 III. "The Irish Church Act, 1869, Amendment Act, 1872" (No. 2) 
 
 [35 & 36 Vic. c. 90], 42 
 
 PART II. — Miscellaneous Acts which are either Incor- 
 porated or connected with the Irish Church Acts. 
 
 I. "The Lands Clauses Consolidation Act, 1845" [8 & 9 Vic. 
 c 18], 49 
 
 II. " The Railway Clauses Consolidation Act, 1845" [8 & 9 Vic. 
 
 c. 20], 52 
 
 III. " The Irish Presbyterian Church Act, 1871 " [34 & 35 Vic. 
 
 c. 24], 54 
 
 IV. " The Glebe Loan (Ireland) Acts, 1870 to 1875 [33 & 34 Vic. 
 
 c. 1 12 ; 34 & 35 Vic. c. 100 ; and 38 & 39 Vic. c. 30], . . 63 
 
 V. "The Glebe Lands (Ireland) Acts, 1855 and 1875" [18 & 19 
 
 Vic. c. 39 ; 38 & 39 Vic. c. 11 ; and 38 & 39 Vic. c. 42], . 7 1 
 VI. " The Parochial Kecords (Ireland) Act, 1875 " [38 & 39 Vic. 
 
 c. 59], 80 
 
 [Part III. 
 
VI CONTENTS. 
 
 PART III.— Reports of Leading Cases decided under 
 the Irish Church Acts. 
 
 Page 
 
 I. Decisions affecting Eights of Property, .... 84 
 
 II. Decisions affecting Tenants of Church Lands, ... 92 
 
 III. Decisions affecting Compensation to Archbishops, Bishops and 
 Incumbents deprived of Income, 98 
 
 IV. Decisions affecting Compensation to Curates, . . ..Ill 
 V. Miscellaneous Decisions 121 
 
 PART IV. — General Rules, Instructions, and Forms, under 
 the Irish Church Acts, &c. 
 
 I. General Rules and Orders of the Commissioners of Church 
 Temporalities in Ireland, 159 
 
 II. Chancery Order as to Receivers of Tithe Rent-charge, . .167 
 
 III. Lord Lieutenant's Warrant appointing Master of Rolls, . 1 68 
 
 IV. Charter and Rules of the Representative Church Body, . 169 
 
 V. General Instructions as to sale of Property, . . . .185 
 
 VI. Schedule of Forms of Conveyance, Mortgage, and General 
 
 Procedure, 206 
 
 Index, 245 
 
TABLE OF LEADING OASES REPORTED. 
 
 In re The Primate of all Ireland (Ecclesiastical Tax), 
 
 „ (Renewal Fines), 
 
 „ The Representatives of Bishop Verschoyle (do.), 
 
 „ The Primate, and Bishop of Meath (Bishop Evans' Fund) 
 
 „ The Representative Church Body (Bishop Gore's Fund), 
 
 „ . (Private Endowments), 
 
 „ Curates v. Representative Body (General Rules), 
 
 „ Graves v. (Discharge of Duty), 
 
 „ John Leslie, (Rights of Renewal of Leases), 
 „ Rex. v. Ecclesiastical Commissioners (do.) . 
 „ Richard Tottenham (Invalid Lease), . 
 
 „ Ellis H. Knox (do.) 
 
 „ Rev. W. Smyth King (Compensation to Incumbents) 
 
 „ Rev. C. Maxwell (Visitation Fees), . 
 
 ,, Rev. G. B. Sayers (Corn Averages), . 
 
 „ Lord Edward Chichester (Stipends of Perpetual Curates), 
 
 ,, The Archdeacon of Dublin and others (Surplice Fees), 
 
 „ Rev. M. A. C. Collis, d.d. (Monumental Fees), . 
 
 J. W. Murray, ll.d. (Voluntary Contributions), 
 
 J. P. Myles (Workhouse Chaplaincy), 
 
 J. B. Kane (Voluntary Contributions), 
 
 J. K. Barklie (Tenants' Duty Labour), 
 
 J. H. Seymour (Curates of Proprietary Chapels), 
 
 F. F. Carmichael (Chaplains of Proprietary Chapels), 
 
 Pago 
 
 S4 
 
 130 
 
 131 
 
 86 
 
 88 
 
 88 
 
 148 
 
 151 
 
 92 
 
 95 
 
 96 
 
 97 
 
 98 
 
 98 
 
 104 
 
 105 
 
 105 
 
 108 
 
 109 
 
 109 
 
 110 
 
 110 
 
 111 
 
 113 
 
Vlll TABLE OP CASES. 
 
 Pago 
 
 In re Evans v. Verschoyle (Legal position of Curates), . .113 
 
 „ Rev. Thomas Moore (Chaplaincy part of Curate's Income), 114 
 
 ,, „ John Leech (Position of College Chaplains), . .115 
 
 „ „ Thomas Twigg (Curate of sinecure Parish), . .116 
 
 „ „ L. L. Cooper (Length of Service of Curate), . .116 
 
 „ Cross v. Irwin (Unlicensed Curates), . . . .117 
 
 ,, Rev. F. Tymons (Recent Increase of Salary), . . .117 
 
 „ „ R. S. Law (do), 118 
 
 ,, „ T. C. O'Connor (Late appointments of Curates), . 118 
 
 „ „ E. Rounds (do.), 119 
 
 „ „ R. M'Cracken (House, a portion of Curate's Income), 119 
 
 ,, ,, R. H. Orr (Curate's Annuity to he equal to his entire 
 
 Income), . . 120 
 
 „ „ R. B. King, i 
 
 > Compensation to Temporary Curates, 120 
 
 ,, The Marquess of Drogheda, 1 Compensation for Advow- 1 
 „ The Earl of Devon, / sons. J 
 
 „ Frewen v. Frewen (Ademption of AdvowSons), . . .129 
 
 „ Rev. John Hemphill (Commutation of Non-conformist 
 
 Ministers), 132 
 
 ,, Rev. J. MacNaughten, (do.) 
 
 The Fellows of Trinity College Dublin (Rights of Sue 
 cession to Benefices), 
 
 The Stipendiaries of Christ Church Cathedral (do.) . 
 
 J. R. Carroll (Diocesan Architects), .... 
 
 J. E. Nesbitt, 
 The Messrs. Koug 
 
 134 
 
 134 
 142 
 144 
 
 > Diocesan Registrars, . . , 144 
 
 Tomlinson v. Barnwell (Recovery of arrears of Tithe Rent- 
 charge), u7 
 
Part I. 
 The Irish Church Acts. 
 
 Pago 
 
 I. " The Irish Church Act, 1869, - ' 32 & 33 Vic, c. 42, . 1 
 
 II. ' ' The Irish Church Amendment Act, 1872," (No. 1 ), 35 & 36 Vic. c. 13, 41 
 III. " The Irish Church Act, 1869, Amendment Act, 1872," (No. 2), 35 & 
 
 36 Tic, >;. 90, . 42 
 
 I.— "The Irish Church Act, 1869." 
 32 & 33 Victoria, Cap. 42. 
 
 An Act to put an end to the Establishment of the Church of 
 Ireland, and to make provision in respect of the Temporalities 
 thereof, and in respect of the Royal College of Maynooth. 
 
 [26th July, 1869.] 
 
 Whereas it is expedient that the union created by Act of Par- 
 liament between the Churches of England and Ireland, as by law 
 established, should be dissolved, and that the Church of Ireland, 
 as so separated, should cease to be established by law, and that 
 after satisfying, so far as possible, upon principles of equality as 
 between the several religious denominations in Ireland, all just 
 and equitable claims, the property of the said Church of Ireland, 
 or the proceeds thereof, should be applied in such manner as Par- 
 liament shall hereafter direct : 
 
 And whereas Her Majesty has been graciously pleased to signify 
 that she has placed at the disposal of Parliament her interest in 
 the several archbishoprics, bishoprics, benefices, cathedral prefer- 
 ments, and other ecclesiastical dignities and offices in Ireland : 
 
 Be it therefore enacted by the- Queen's most Excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual and 
 Temporal, and Commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : 
 
 1. This Act may be cited for all purposes as " The Irish Church short title 
 Act, 1869." 
 
 2. On and after the first day of January one thousand eight Dissolution 
 hundred and seventy-one the said union created by Act of Parlia- S^' 1 ^^ 
 ment between the Churches of England and Ireland shall be dis- botweon 
 solved, and the said Church of Ireland, hereinafter referred to as EngUnd S a°ifd 
 " the said Church," shall cease to be established by law. Ireland. 
 
 The name adopted by the Disestablished Church from the outset was that of" The Nam0 
 Church of Ireland," on the general ground that the Church was only abolished by the adopted by 
 Act as a state establishment, and retained its existence as a church. The legality of tUo Dm. 
 
 B 
 
established 
 Church. 
 
 Appointment 
 of Commis- 
 
 Reduction of 
 numhnr of 
 Commission- 
 ers by Aot35 
 and 36 Vio, 
 o. 13. 
 Quorum of 
 Commis- 
 sioners. 
 
 2 THE IRISH CHURCH ACT, 1869. 
 
 this title having been questioned the following report of the Legal Committee of the 
 Representative Church Body, was adopted at a meeting held by that body on the 24th 
 of January, 1871. n 
 
 " The Church of Ireland is entitled to, and is bound to use, the name of The Church 
 of Ireland, and is not entitled to assume or to use, and ought not to accept the 
 name of The Protestant Episcopal Church of Ireland or any other name than THE 
 Church of Ireland." . 
 
 " The Church of Ireland, which the Registrar-General of Marriages has designated 
 as The Protestant Episcopal Church of Ireland, has been, ever since the Reformation, 
 the only Church OF Ireland, as well in fact as in law." 
 
 " The Roman Catholic Church has never been the ' Church of-Ireland.' It has been 
 the ' Church of Rome,'— and has assumed to be The Catholic Church. All other bodies 
 of professing Christians in Ireland have been congregational churches or institutions 
 in Ireland, and have neither been, nor have claimed to be, ' Churches of Ireland.' 
 
 " The name Church of Ireland is the name uniformly given by the Irish and 
 Imperial Legislatures to the Church of Ireland ; see 28 Henry VIII. c. 5, 17 & 18 Car. 
 II. c. 6, 6 Geo. I. c. 3, 14 & 16 Vict. c. 72, the Act of Union, and the ' Irish Church 
 Act, 1869,' ss. 1, 2, and 69, etc, etc." 
 
 " Neither the Legislature nor any other lawful authority has given to, or assumed 
 to impose on, The Church of Ireland any new name. On the contrary, the name The 
 Church of Ireland, both by recital, and by the repeated use of the words ' the said 
 Church,' is incorporated into the new Marriage Act, 33 & 34 Vict. c. 110. The words 
 ' Protestant Episcopalian ' which occur in this Act, are not used for the nomenclature 
 of members of the Church of Ireland, but as a comprehensive term, proper to include 
 members of all other Protestant Episcopal Churches, as well as The Church of 
 Ireland, which is one of numerous Protestant Episcopal Churches. On the other 
 hand, in this Act, the various religious bodies of non-conformists connected with 
 Ireland are mentioned under the various names adopted by themselves." 
 
 " The Church of Ireland and the Roman Catholic Church are the only ecclesias- 
 tical institutions in Ireland, which comprehend Ireland ; these do include within their 
 functions all Ireland divided into Parishes. The Roman Catholic Church claims for 
 itself hie et ubiqut the name of Ihe Catlwlic Church, and disdains limits of country and 
 place; and indeed could not without inconsistency assume the name of The Church 
 of Ireland." 
 
 Constitution and Powers of Commissioners. 
 
 3. The following persons, that is to say, Viscount Monck, Eight 
 Honourable James Anthony Lawson, one of the justices of the Court 
 of Common Pleas in Ireland, and George Alexander Hamilton, 
 Esquire, shall be constituted Commissioners(a) under this Act : 
 they shall hold office during Her Majesty's pleasure, and if any 
 vacancy occurs in the office of any commissioner by death, resig- 
 nation, or incapacity, or otherwise, Her Majesty may, by warrant 
 under the royal sign manual, appoint some other fit. person, being 
 a member of either of the said Churches or of the said United 
 Church, to fill the vacancy. The Commissioners appointed under 
 this Act shall be a body corporate with a common seal, and a 
 capacity to acquire and hold land for the purposes of this Act, and 
 shall be styled " The Commissioners of Church Temporalities in 
 Ireland." 
 
 Judicial notice shall be taken by all courts of justice of the 
 corporate seal of the Commissioners, and any order or other in- 
 strument purporting to be sealed therewith shall be received as 
 evidence without further proof. 
 
 (a) The number of Commissioners was reduced to two by the Act 35 & 36 Vic. c. 1 3, 
 (see post, page 41), in consequence of the death of the Right Honourable George 
 Alexander Hamilton, on 17th day of September, 1871." 
 
 4. Any power or act by this Act vested in or authorized to be 
 done by the Commissioners may be exercised or done by any one 
 
32 & 33 victoria, cap, 42, $ 
 
 of thenl,(&) with this qualification, that any person aggrieved(c) Section 5. 
 by any order of one Commissioner may require his case to be — 
 heard by the three Commissioners, (d) 
 
 (6) Cases were usually decided in Chamber by one Commissioner, whose order was Prooeduro'' 
 not made absolute unless, within one calendar month, the claimant did not show ofCommis- 
 cause against the same either before the Commissioner who made the order or before sioners in 
 the full Court. investigating 
 
 (c) An appeal to arbitration is given by 28th and 42nd sections, under the special heads cMras. 
 therein mentioned. Appeals to 
 
 (d) Fide section 2 of the Act 35 <fe 36 Victoria, c. 13 (post, page 42), which repeals arbitration, 
 a portion-of this section, and constitutes a new tribunal for hearing appeals. Beconsti- 
 
 5. The said Commissioners, hereinafter referred to as " the S2? 
 Commissioners," may from time to time, with the consent of the ^JJJ '$" 
 Lord Lieutenant, appoint and remove a secretary, and may appoint officers, 
 and remove such officers, agents, clerks, and messengers as they 
 deem necessary for the purposes of this Act. 
 
 They may also employ such architects, actuaries, surveyors, and 
 other persons as they may think fit for the purpose of enabling 
 them to carry into effect any of the provisions of this Act. 
 
 6. The following sums shall be paid by the Commissioners out Salaries and 
 of any monies for the time being in their hands in pursuance of ex P° nses - 
 this Act : 
 
 (1.) To every Commissioner appointed in pursuance of this Act 
 a salary of not exceeding two thousand pounds a year : 
 
 (2.) To the secretary, officers, agents, clerks, and messengers 
 appointed, such salaries as the Commissioners may re- 
 commend, with the sanction of the Lord Lieutenant, and 
 as the Commissioners of Her Majesty's Treasury may 
 approve : 
 
 (3.) To any architect, actuary, surveyor, or other person as 
 aforesaid employed by the Commissioners, such remuner- 
 ation, on a scale to be approved by the Commissioners of 
 the Treasury, as the Commissioners may think expedient ; 
 
 (4.) All incidental expenses of carrying this Act into execution, 
 which shall be taken to include the reimbursement to 
 every claimant of all reasonable costs and expenses pro- 
 perly incurred by him in establishing any claim under 
 this Act. 
 
 Costs have been allowed in the case of all claimants who established their claims Costs of 
 on appeal, and also in the case of unsuccessful claimants who appealed on important Claimants, 
 points of general application. 
 
 Bills of Costs have been taxed by the Registrar of the Commissioners on the 
 Chancery scale. 
 
 Travelling expenses of claimants who appeared in person (excluding hotel bills), 
 and established their claims, were allowed in several cases. 
 
 7. Subject to such appeal as is hereinafter mentioned, the Com- Powers of 
 missioners shall have full power to decide all questions whatsoever, c i °™ mU 
 whether of law or fact, which it may be necessary to decide for the 
 purposes of this Act, and they shall not be subject to be restrained 
 in the due execution of their powers under this Act by the order 
 of any court, nor shall any proceedings before them, be removed 
 by certiorari into any court, 
 
 b2 
 
THE IBISH CHXTBCH ACT, 1869. 
 
 Section 8. 
 
 Forms of 
 application 
 and general 
 rules. 
 
 that 
 
 8) 
 
 The Commissioners mth respect to the following matters, 
 is to say, 
 
 (1.) Enforcing the attendance of witnesses, after a tender of 
 their expenses, the examination of witnesses orally or by 
 affidavit, and the production of deeds, books, papers, and 
 documents ; 
 Issuing any commission &r the examination of witnesses ; 
 Punishing persons refusing to give evidence or to produce 
 documents, or guilty of contempt in the presence of the 
 Commissioners or any of them sitting in open court ; 
 (4.; Making or enforcing any order whatever made by them 
 lor the purpose of carrying into effect the objects of this 
 Act, 
 shall have all such powers, rights, and privileges as are vested in 
 the High Court of Chancery in Ireland for such or the like pur- 
 poses, and all proceedings before the Commissioners shall in law 
 be deemed to be judicial proceedings before a court of record. 
 
 The Commissioners may review and rescind or vary any order 
 or decision previously made by them or any of them ; but save as 
 aforesaid, and as hereinafter provided, every order or decision of 
 the said Commissioners shall be final. 
 
 8. The Commissioners shall circulate forms of application and 
 directions as to the mode in which applications are to be made to 
 them under this Act. 
 
 They shall also from time to time make, and when made may 
 rescind, amend, or add to, such general rules as they may think 
 best adapted for regulating the course of procedure under this Act, 
 and generally for securing the due execution of the powers vested 
 in them by this Act, and giving effect to the provisions : Provided 
 that every such general rule shall be laid before Her Majesty's 
 Privy Council of Ireland, and it shall be lawful for such Privy 
 Council, by order signed by six of the said Privy Council, to 
 confirm or disallow any such rule, or to alter or amend, and con- 
 firm with alteration or amendment, any siich rule, or to remit any 
 such rule to the Commissioners for further consideration ; and 
 every such general rule (when the same shall have been confirmed 
 by order of the said Privy Council) shall be enrolled in the High 
 Court of Chancery in Ireland, and when so enrolled shall be bind- 
 ing on the Commissioners in the exercise of their powers, and shall 
 be of the same force and effect as if the same had been enacted 
 by authority of Parliament ; provided always, that any rules so 
 confirmed and enrolled as aforesaid may from time to time be 
 rescinded, amended, or altered, as occasion may require, by other 
 rules made by the Commissioners, and confirmed and enrolled in 
 like manner. 
 
 A l l general rules made (e) and enrolled as aforesaid shall be 
 laid before both Houses of Parliament within one month from the 
 enrolment thereof, if Parliament be then sitting, or, if Parliament 
 (e) See General Rules made pursuant to this section (post, page 159). 
 
32 & 33 Victoria, cap. 42. , 5 
 
 be not then sitting, -within one month from the commencement of section 9. 
 the then next session of Parliament. — 
 
 9. No Co mm issioner and no person appointed to any office by Duration of 
 the Commissioners shall hold his office for a longer period than Sotton 
 ten years next after the passing of this Act, and thenceforth until on si . will s in 
 the end of the next session of Parliament, and no Commissioner 
 appointed under this Act shall during his continuance in office be 
 capable of being elected to or sitting as a member of the House of 
 Commons. 
 
 Transfer of Property and Dissolution of Ecclesiastical 
 Corporations. 
 
 10. Save as hereinafter mentioned (/), no person shall, after Prohibition 
 the passing of this Act, be appointed by Her Majesty or any other pJSS,JJ" 
 person or corporation by virtue of any right of patronage or power 
 
 of appointment now existing to any archbishopric, bishopric, 
 benefice, or cathedral preferment in or connected with the said 
 Church. 
 
 (/) See section 66 (post, page 37). 
 
 11. From and after the passing of this Act all property (gr), Property of 
 real and personal, at the date of such passing vested in or belong- tini com- 
 ing to the Ecclesiastical Commissioners for Ireland, is transferred ^jj™™ 
 to and vested in the Commissioners appointed under this Act, commis- 
 subject to all tenancies, charges, incumbrances, rights (including "n^™^ 
 tenants' rights of renewal), or liabilities affecting the same, and Act. 
 
 the corporation of the Ecclesiastical Commissioners for Ireland (h) 
 is hereby dissolved. 
 
 (g) For decision as to meaning of "property," see case of" The Primate" (post, 
 page 84). 
 
 (A) The Ecclesiastical Commissioners were constituted by the Act 3 & 4 Wm, IV., 
 cap. 37, which was amended by 4 & 5 Wm. IV., c. 90, 6 & 7 Wm. IV., c. 99, and 23 & 24 
 Vic, c. ISO. 
 
 12. On the first of January one thousand eight hundred and churoh pro- 
 seventy-one, save as hereinafter provided, all property, real and fncommrs- 
 personal, belonging or in anywise appertaining to or appropriated s i°. ne [ s undor 
 to the use of any archbishopric, bishopric, benefice, or cathedral 
 preferment in or connected with the said Church, or belonging 
 
 or in anywise appertaining to or appropriated to ' the use of any 
 person as holding any such archbishopric, bishopric, benefice, or 
 cathedral preferment, or belonging or in anywise appertaining to 
 or appropriated to the use of any cathedral corporation in Ireland, 
 as denned by this Act, shall vest in the Commissioners, subject as 
 hereinafter mentioned ; that is to say, 
 
 (1.) In case of all such property, subject to any quitrents, head- 
 rents, leases, and other tenancies, charges, and incum- 
 brances affecting the same : 
 
 (2.) In the case of any houses, buildings, farms, lands, churches, 
 burial grounds, or other corporeal hereditaments to which, 
 or to the rent and profits of which, any archbishop, 
 bishop, or person holding any such benefice or cathedral 
 preferment as aforesaid may be entitled, subject to the life 
 
6- 
 
 THE IRISH CHURCH ACT, 1869. 
 
 sections. interests of such archbishop, bishop, or person respect- 
 
 ively ; and such last-mentioned corporeal hereditaments 
 shall, subject to the provision for commutation herein- 
 after contained, continue in such archbishop, bishop, or 
 person respectively for their respective lives with the 
 same powers, rights, and authorities and in the same 
 manner as if this Act had not passed : 
 (3.) On the death or cessor of the interest of any archbishop or 
 bishop aforesaid the tenants (i) then holding directly 
 under any such archbishop or bishop where leases had 
 been theretofore customarily renewable shall have similar 
 rights of renewal of their said leases, and the said Com- 
 missioners shall be under similar obligations and have 
 similar powers and rights in relation to such renewals, 
 and the rents and fines thereupon, as the tenants of sees 
 suppressed under statute third and fourth William the 
 Fourth, chapter thirty-seven, and as the Ecclesiastical 
 Commissioners in regard thereto had and were under 
 respectively immediately before the passing of statute 
 twenty-third and twenty-fourth Victoria, chapter one 
 hundred and fifty : every application for any such renewal 
 shall be made within one year from the death or cessor 
 of the interest of such archbishop or bishop, and there- 
 upon the Commissioners shall once and for ever fix for 
 the future the rent and periods of renewal and the fine 
 to be paid thereupon, and in case of any difference in 
 relation to such rent or fine the same shall be referred to 
 arbitration as herein. 
 
 TJuder this section the Commissioners only became entitled on the 1st of January, 
 1871, to the property of all vacant livings, the tithe-rentcharge held by surviving 
 holders of benefices, and the entire property of cathedral corporations, subject to the 
 provisions of the 14th section (post, page 7). 
 
 The lands and all corporeal hereditaments otherwise held were preserved to the 
 holders for their lives, subject to the provision for commutation in 23rd section (post, 
 page 13). 
 
 (i) See 31st section (post, page 22) ; and decision in case of John Leslie, Esq., 
 reported {post, page 92). ■ 
 
 tfeccieaks 1 - ^" *"* n *^ e sa *^ *"" st °^ J anual 7> one thousand eight hundred 
 
 tieal cor- and seventy-one every ecclesiastical corporation in Ireland, whether 
 
 andieSion sole or a gg re g ate > and every cathedral corporation in Ireland, as 
 
 of right of defined by this Act, shall be dissolved, and on and after that day 
 
 sit in P House n0 archbishop or bishop of the said Church shall be summoned to 
 
 of Lords. or be qualified to sit in the House of Lords as such; provided 
 
 that every present archbishop, bishop, dean, and archdeacon of 
 
 the said Church shall during his life enjoy the same title and 
 
 precedence as if this Act had not passed. 
 
 It will be observed on reference to 30th section (post, page 20), that where eccle- 
 siastical person»,were in right of their dignities or offices entitled before the passing 
 of this Act to be members of any lay corporation constituted for the management of 
 any private endowment, ic„ they and their successors shall continue to perform 
 such functions. - »«»tu 
 
-32 & 33 Victoria, cap. 42. *l 
 
 Section 14. 
 
 Compensation to Persons deprived of Income. 
 
 Compenaa- 
 
 14. The Commissioners shall, as soon as maybe after the passing 'j°" tl '° a f° ole ~ 
 of this Act, ascertain and declare by order the amount of yearly porsona 
 income of which the holder of any archbishopric, bishopric, bene- curates!"" 1 
 fice, or cathedral preferment hi or connected with the said Church 
 will be deprived (j) by virtue of this Act, after deducting all rates 
 and taxes, salaries of curates found by the Commissioners on inquiry 
 as authorized by the fifteenth section of this Act to be permanent 
 curates, payments to diocesan schoolmasters, and other outgoings 
 to which such holder is liable by law, but not deducting income 
 or property tax, and the Commissioners shall have regard to the 
 prospective increase (if any) of such income by the falling in or 
 cessation of charges thereon : and the Commissioners shall, as from 
 the first day of January one thousand eight hundred and seventy- 
 one, pay each year to every such holder as long as he lives and 
 continues to discharge such duties in respect of his said arch- 
 bishopric, bishopric, benefice, or preferment as he was accustomed 
 to discharge, or would, if this Act had not passed, have been liable 
 to discharge, or any other spiritual duties in Ireland which may be 
 substituted for them, with his own consent, and with the_ consent 
 of the representative body of the said Church hereinafter men- 
 tioned, or, if not discharging such duties, shall be disabled from 
 so doing by age, sickness, or permanent infirmity, or by any cause 
 other than his own wilful default, an annuity equal to the amount 
 of yearly income so ascertained as aforesaid : Provided that no 
 deduction shall, in the case of any ineumbency, be made in respect 
 of a curate's salary under this section unless a deduction for curate's 
 salary has been made in the case of the same incumbency by the 
 Ecclesiastical Commissioners for Ireland during five years next 
 preceding the first day of January, one thousand eight hundred 
 and sixty-nine ; and provided always, that where deduction has 
 been made under this section in respect of the salary of a curate, 
 and the salary of such curate ceases otherwise than by commutation 
 under this Act in the lifetime of the person in ascertaining whose 
 yearly income such salary has been deducted as aforesaid, the 
 Commissioners shall thenceforth pay to such person, so long as he 
 lives and continues to discharge the duties of his office, a further 
 
 (j) The fact that claimants under this section were only awarded annuities in 
 respect of income of which they were deprived by the Act, while under the next 
 section claimants were awarded annuities equal to the amount of their yearly incomes, 
 whether deprived or not of the same, has frequently been the subject of discussion. 
 
 [For interpretation of the terms " Benefice " and " Cathedral preferment," see 
 Glossary, s. 72.] 
 
 Prospective Increase of Income. See In re Rev. G. B. Sayers as to " Corn averages 
 question" [post, page 104). 
 
 The leading case, In re Rev. W. S. King (post, page 98), and the cases following 
 it, show the rulings of the Commissioners on all points of interest raised under this 
 section. 
 
 Surplice fees. See In re Archdeacon of Dublin and Others (post, page 105). 
 
 Discharge of duty. See case of In re Rev. R. H. Graves (post, page 151), and General 
 Rules (post, page 165). 
 
THE IRISH CHURCH ACT, 1869. 
 
 Compensa- 
 tion to 
 permanent 
 curates. 
 
 Section is. annuity equal to the amount of such curate's salary, subject to the 
 provisions for commutation hereinafter contained. 
 
 15. The Commissioners shall inquire whether any curate, serving 
 as such at any time between the first day of January, one thousand 
 eight hundred and sixty-nine and first day of January, one thousand 
 eight hundred and seventy-one, is to be deemed a permanent curate, 
 and shall determine the same (k), having regard to the length or 
 term of his service, the duties to be discharged in the benefice, the 
 non-residence, infirmity, or other incapacity of the incumbent, or 
 his habit of employing a curate. The Commissioners shall ascertain 
 and declare by order the amount of yearly income received by any 
 such permanent curate, and shall pay to every such curate so long 
 as he lives and continues to discharge the duties (I) of his said 
 curacy, or any other spiritual duties in Ireland, which with his 
 own consent and with the consent of the Church body hereinafter 
 mentioned may be substituted for them, or if not discharging such 
 duties shall be disabled from so doing by age, sickness, or perma- 
 nent infirmity, or any cause other than his own wilful default, an 
 annuity commencing on the first day of January, one thousand 
 eight hundred and seventy-one equal to the amount of such yearly 
 income (m), or shall on the application of such curate, made at any 
 time between the first day of January, one thousand eight hundred 
 and seventy-one and the first day of January one thousand eight 
 hundred and seventy-two, and with the consent of the Church 
 body hereinafter mentioned, cause the present value of such life 
 annuity to be estimated, and pay the -same to such curate or to 
 such curate and Church body in such proportions as they shall 
 agree : Provided that where the salary of a curate has been 
 deducted under section fourteen from the income of any incum- 
 bent, such curate shall be deemed to be a permanent curate within 
 the meaning of this section; and no commutation (n) of his salary, 
 and no change in his duties for the purposes of this Act, shall be 
 made without the consent of the incumbent from whose income 
 the salary of such curate has been deducted. 
 
 (k) See leading cases as to '• Permanent Curates " post, page 111. The total number 
 of curates declared permanent was 921 (whose annuities amounted to £98,301 34s. Id. 
 in the aggregate), and of these 901 commuted their annuities, pursuant to 23rd section. 
 The claims of 310 curates (claiming annuities of £34,100 in the aggregate) were dis- 
 allowed by the Commissioners. 
 
 (I) See decision of Privy Council, post, page 148, and General Eules, post, page 165. 
 
 (m) See note to preceding section. 
 
 (re) All commutations of curates were carried out under 23rd section. 
 
 The Commissioners may make to any curate who is not entitled 
 to compensation as a permanent curate (o), and who is serving 
 as a curate on any day between the said first day of January one 
 thousand eight hundred and sixty-nine and the said first day" of 
 January one thousand eight hundred and seventy-one, both inclu- 
 sive, such gratuity for the loss of his curacy as they may think 
 just, so that the amount thereof do not exceed twenty-five pounds 
 
 (o) See leading cases as to compensation to " temporary curates" (post, page 120), 
 The total amount paid as gratuities to curates was £35,400. 
 
 Commu- 
 tation of 
 
 curates. 
 
 Gratuities 
 to non- 
 permanent 
 
 curates. 
 
32 & 33 Victoria, cap. 42. 9 
 
 for every year during which he shall have served as a curate : section i& 
 Provided always, that in any case in which the period of service " 
 
 of any curate shall not amount to eight years, the Commissioners 
 may make up such gratuity to the sum of two hundred pounds : 
 Provided also, that such gratuity shall in no case exceed the sum 
 of six hundred pounds. 
 
 When any annual sum granted by Parliament to the holder of Compen- 
 any benefice in or connected with the said Church is discontinued, sunra granted 
 the Commissioners shall ascertain and declare by order the amount by P" 1 '"- 
 
 moot* 
 
 of yearly income of which such holder is thereby deprived, after 
 making such deductions as aforesaid, and the Commissioners shall, 
 as from the day of the discontinuance thereof, pay each year to 
 every such holder so long as he lives and continues to discharge 
 such duties as aforesaid an annuity equal to the amount of yearly 
 income so ascertained as aforesaid, (p) 
 
 {p) No compensation has yet been paid under this head.. The only persons who 
 appear to have been affected by this enactment were the Dean of the Chapel Royal, 
 Dublin Castle, and the Incumbent of the Royal Chapel of -St; Matthew's, Ringsend, 
 which was used principally by the garrison of the Pigeon House Fort. '• ''■•"' "•- '■• i 
 
 Parliament still continues to grant the salary of the Dean of the Chapel Royal, and 
 the Incumbent of Irishtown died before the Act came into operation. 
 
 16. The Commissioners shall, as soon as may be after the passing compensa- 
 of this Act, ascertain and declare by order the following particu- Jjjjjjj^ and 
 
 larS : : district . 
 
 ,, •-,'■>, school- 
 
 (1.) The amount of yearly salary which each schoolmaster- of masters, 
 
 any diocesan or district school in Ireland is entitled to sextons, &o. 
 receive under any warrant of the Lord Lieutenant in 
 Council made under the provisions of the Act of the 
 session of the fifty-third year of the reign of His late 
 Majesty King George the Third, chapter one hundred 
 and seven, or any statutory amendment thereof :(q) 
 
 (?) Under 3rd section of 35 & 36 Vic, c. 90 (see post, page 42), the annuities so Commu- 
 
 ascertained were allowed to be commuted on or before 1st January, 1874. tatlon of 
 
 The total sum paid in respect of commutation of diocesan schoolmasters was Diocesan 
 
 £15,714 19s. ed. soh ° 01 - 
 
 masters. 
 
 (2.) The amount of yearly salary which each clerk, sexton, or 
 other holder of a freehold office* of a similar character, 
 or of any office (r) held during good behaviour which the 
 Commissioners may think equal to a freehold office, con- 
 nected with any cathedral, parish, chapelry, and chapel 
 of ease in Ireland, is entitled to receive, and of the 
 emoluments(«) of which he will be deprived by this Act : 
 and the Commissioners shall every year, after the first of January 
 one thousand eight hundred and seventy-one pay to each such 
 diocesan schoolmaster, clerk, sexton, and officer respectively, (t) so 
 long as he lives and continues to perform the duties of his office 
 personally or by sufficient deputy in the same school, cathedral, 
 church, or chapel, or, in the case of a clerk, sexton, or officer of the 
 
 * Clerks and sextons held freehold offices, pursuant to 63rd section of 3 & 4 Tm. 
 IV., cap. 37, from which they oould not be removed, except for " misconduct" with 
 the consent of the bishop. • • - - . 
 
io 
 
 THE IRISH CHURCH ACT, 1869. 
 
 Commu- 
 tation of 
 annuities. 
 
 Section 17. said church, any duties of the same kind which shall be assigned 
 to him by the representative body of the Church hereinafter men- 
 tioned, and which he will agree to perform, an annuity equal to 
 the amount of his yearly salary and emoluments so ascertained as 
 aforesaid, or shall, on the application of such annuitant, being a 
 clerk, sexton, or officer of the said church, made at any time be- 
 tween the first day of January one thousand eight hundred and 
 seventy-one and the first day of January one thousand eight hundred 
 and seventy-two, and with the consent of theChurch body hereinafter 
 mentioned, cause the present value of such life annuity to be esti- 
 mated, and pay the same to such annuitant, or to such annuitant 
 and Church body, in such proportions(it) as they shall agree : Pro- 
 vided that no commutation shall be made of the salary of an 
 annuitant, being a sexton, clerk, or other officer as aforesaid, 
 without the consent of the ecclesiastical person under whom such 
 sexton, clerk, or officer may be serving at the time of the appli- 
 cation being made for commutation. 
 
 (r) The Commissioner* decided that all organists who were appointed before the 
 passing of the Act, and who were paid salaries, either out of the funds of the Eccle- 
 siastical Commissioners, or out of the funds of Cathedral Corporations (vested in the 
 Commissioners), held offices equivalent to freehold offices, and were entitled to an^ 
 nuities equal to the amount of their salaries. 
 
 (s) The Commissioners decided that " Emoluments " could only be allowed in those 
 cases where claimants had been legally deprived of the same by the Act. 
 
 And with respect to a number of claims, they also decided that they had no power 
 to allow, under the head of " Emoluments," income derived from any of the following 
 sources, viz. : — 
 
 1. Augmentations of salary derived from private sources. 
 
 2. Grants made by the Ecclesiastical Commissioners for Ireland for requisites for 
 Divine Service. 
 
 3. Value of residence, grass of churchyard, &c, enjoyed during pleasure of 
 Incumbent. 
 
 4. Complimentary fees, or any other source of income of a like nature. 
 (*) .See General Rules as to payment of annuities, post, page 165. 
 (u) See Composition Tables prepared by the Representative Church Body vost 
 
 page 177. 
 
 Up to 31st December, 1875, the Commissioners paid the sum of £371,399 6s. 7<Z 
 for commutation of annuities of clerks, sextons, &c. 
 
 Diocesan architects were declared not entitled to compensation under this section. 
 See In re J. R. Carroll, Esq., post, page 144. 
 
 Claims of 
 
 Organists. 
 
 Emoluments 
 of Church 
 Officers. 
 
 Diocesan 
 architects. 
 
 Compensa- 
 tion to 
 persons not 
 included in 
 preceding 
 section. 
 
 17. The Commissioners shall pay to any person(-y) holding an 
 appointment in or connected with any church or chapel in the said 
 Church, and not entitled to compensation under the preceding 
 section, and who has held such office for two years before the first 
 day of January one thousand eight hundred and seventy-one, and 
 is holding the same on the said day, such sum by way of gratuity, 
 not exceeding one year's salary, as they think fit ; and where the 
 said Commissioners shall find that any such person is or may be 
 deprived of any income derived from any property or fund vested 
 in the said Commissioners under this Act, they may pay to any 
 such person(w>) such further sum by way of compensation, either 
 by a single payment or by a life annuity, as they shall, with the 
 consent of the Lords Commissioners of Her Majesty's Treasury- 
 determine. J ' 
 
 (t>) Under this section the Commissioners have paid by way of gratuity a sum Pm „i 
 to on. year's salary to all church officers not declared entitled to annuities under the 
 
32 & 33 victoeia, cap. 42. 11 
 
 16th section, and who held office for two years before the 1st day of January, 1871. Section 18. 
 
 The total sum paid being £4,625 10s. 
 
 (w) No compensation has been paid under the latter part of this section, inasmuch ' 
 as all persons entitled thereto made their claims, and were awarded annuities under 
 the 16th section. 
 
 18. The Commissioners shall, as soon as may be after the passing Compensa- 
 of this Act, ascertain and by order declare the amount of com- patrons. 17 
 pensation which ought to be paid to any person or body corporate 
 ■who or which shall within three years therefrom make application 
 in writing to this effect(a;) for or in respect of any advowson, right 
 of presentation or nomination to any benefice or cathedral prefer- 
 ment, vested in or belonging to such person or body corporate, 
 and affected by the provisions of this Act,* and shall by and out of 
 any monies for the time being in their hands pay (y) to such person or 
 body corporate the amount of such compensation so ascertained and 
 declared as aforesaid; but Her Majesty shall not, nor shall any 
 corporation, sole or aggregate, dissolved by this Act, nor shall any 
 trustees, officers, or persons acting in a public capacity, be entitled 
 to compensation for or in respect of any advowson, right of pre- 
 sentation or nomination to any benefice or cathedral preferment 
 vested in or belonging to Her Majesty or such corporation, trustees, 
 oflicers, or persons : Provided always, that where any person would, 
 but for the provisions of the statutes(z) affecting Roman Catholics 
 in reference to conformity to the Established Church, have had at 
 the passing of this Act any such advowson or right of presentation 
 vested in him, he shall be entitled to compensation for such 
 advowson or right of presentation in the same manner as if the 
 same were then actually vested in such person. 
 
 (x) See form of application, post, page 235. 
 
 The Commissioners did not require claimants to furnish full abstracts of title — such Abstracts 
 as would be given to a purchaser — but only such a statement of title as would show of title 
 that the persons claiming compensation were entitled to receive it ; and it was deemed and costs." 
 sufficient, in the first instance, to furnish evidence of the last three presentations, 
 and by whom they were made, and to give an abstract of the last settlement or will 
 by which the devolution of the estate was regulated ; and the Commissioners awarded 
 a u reasonable " sum for the costs of furnishing such statement of title and of sup- 
 plying any additional information, in case they called for it. 
 
 The Commissioners decided to take the value of advowsons as at the date of the Date of 
 passing of the Act (26th July, 1869), and pay interest on compensation money, at the valuation of 
 rate of £4 per cent, per annum, from that date, to date of payment of compensation advowsons. 
 money. 
 
 The Commissioners adopted the scale set forth in the judgments delivered by the Scale of 
 arbitrators in the cases of the Marquess of JDrogheda and Lord Devon (post, page 121), coinpeosa- 
 in ascertaining the amount of compensation in each case. tion. 
 
 (y) £720,000. has been paid as compensation to lay patrons up to Slst December, 1875. 
 
 (a) The statute, 2 Anne, c. 6, s. 25, vested in the Crown all advowsons belonging 
 to Roman Catholics until such time as they should legally conform to the Established 
 Church. 
 
 Arbitrations. — The General Rules (post, page 166), provide that : — Appeals to 
 
 " Any person aggrieved by the value set by the Commissioners on any advowson arbitration. 
 or right of presentation, and desiring to refer the same to arbitration, shall be bound 
 to serve notice on the Commissioners, of such his desire, within one month after the 
 date of the posting of the letter notifying to him the value set thereon by the Com- 
 missioners." Arbitrations are conducted in manner directed by "The Railway 
 Clauses Consolidation Act, 1845." See post, page 52. [See also 65th section.] 
 
 * See section 70, post, page 39, which saves patronage in certain cases. 
 
12 THE IRISH CHURCH ACT, 1869. 
 
 section 19. Powers of Church after passing of Act. 
 
 Repeal of 19. From and after "the passing of this Act there si 
 
 Stag"" pealed and determined any Act of Parliament, law, 
 s 0l ods g &o wherry the archbishops, bishops, clergy, or -laity of the said 
 
 Church are prohibited from holding assemblies, synods or conven- 
 tions, or electing representatives thereto, for the purpose of making 
 rules for the well-being and ordering" of the said Church ; and 
 nothing in any Act, law, or«custom shall prevent the bishops, the 
 clergy, and laity of the said Church, by such representatives, lay 
 and clerical, and to be elected as they the said bishops, clergy, and 
 laity shall appoint, from meeting in general synod or convention, 
 and in such synod or convention framing constitutions and regu- 
 lations for the general management and good government of the 
 said Church, and property and affairs thereof, and the future re- 
 presentation of the members thereof in diocesan synods, general 
 convention, or otherwise. 
 
 The Irish Convention Act, 33 George III., c. 29, is repealed by this section. 
 [See note to section 22.] 
 
 Existing law 20. The present ecclesiastical law of Ireland, and the present 
 conTraot 8 . J articles, doctrines, rites, rules, discipline, and ordinances of the, 
 said Church, with and subject to such (if any) modification or 
 alteration as after the first day of January one thousand eight 
 hundred and seventy-one may be duly made therein according to 
 the constitution of the said Church for the time being, shall be. 
 deemed to be binding on the members for the time being thereof 
 in the same manner as if such members had mutually contracted 
 and agreed to abide by and observe the same, and shall be capable 
 of being enforced in the temporal courts (a) in relation to any pro- 
 perty which under and by virtue of this Act is reserved or given to 
 or taken and enjoyed by the said Church or any members thereof, 
 in the same manner and to the same extent as if such property 
 had been expressly given, granted, or conveyed tipon trust to be 
 held, occupied, and enjoyed by persons who should observe and 
 keep and be in all respects bound by the said ecclesiastical law, 
 and the said articles, doctrines, rites, rules, discipline, and ordi> 
 nances of the said Church, subject as aforesaid; but nothing 
 herein contained shall be construed to confer on any archbishop, 
 bishop, or other ecclesiastical person any coercive jurisdiction 
 whatsoever : Provided always, that no alteration in the articles, 
 doctrines, rites, or, save in so far as may be rendered necessary by 
 the passing of this Act, in the formularies of the said Church, shall 
 be binding on any ecclesiastical person now licensed as a curate or 
 holding any archbishopric, bishopric, benefice, or cathedral prefer- 
 ment in Ireland, being an annuitant or person entitled to compen- 
 sation under this Act, who shall within one month after the 
 making of such alteration signify in writing to the Church body 
 hereafter mentioned his dissent therefrom, so as to deprive such 
 
32 & 33 Victoria, cap. 42. 13 
 
 person of any annuity or other compensation to -which under this * section a. 
 Act he may be entitled. 
 
 (a) No case lias yet arisen under this Bection in the temporal courts, but it would 
 appear therefrom that any clergyman entitled to an annuity under any provision of 
 this Act is bound to discharge his duty in the manner he would have discharged it, if 
 this Act had not passed, and that the temporal courts have power to force him to 
 do so, subject to the other provisions of this Act, and the ecclesiastical law of Ireland 
 as it existed before 1st January, 1871. See case of Eev. E. H. Graves, post, page 151. 
 See also section 14, ante, page 7. 
 
 21. On and after the first day of January one thousand eight Abolition of 
 hundred and seventy-one all jurisdiction, whether contentious or courTs'lnd 1 * 1 
 otherwise, of all the ecclesiastical, peculiar, exempt, and other ecclesiastical 
 courts and persons in Ireland at the time of the passing of this Act 
 having any jurisdiction whatsoever exerciseable in any cause, suit, 
 
 or matter, matrimonial, spiritual, or ecclesiastical, or in any way 
 connected with or arising out of the ecclesiastical law of Ireland, 
 shall cease ; and on and after the said first day of January one 
 thousand eight hundred and seventy-one the Act of the session of 
 the twenty-seventh and twenty-eighth years of the reign of Her 
 present Majesty, chapter fifty-four, shall be repealed, and on and 
 after the last-mentioned day the ecclesiastical, law of Ireland, Court for 
 except in so far as relates to matrimonial causes and matters, shall Matrimonial 
 
 , ■ , i cauaeB and 
 
 cease to exist as law. matters. 
 
 A new court for matrimonial. causes and matters has been established by the Act 
 33 & 31 Tic, c. 110, in connexion with the Court of Probate in Ireland. 
 
 22. If at any time it be shown to the satisfaction of Her incorpora- 
 Majesty that the bishops, clergy, and laity of the said Church in church body. 
 Ireland, or the persons who, for the time being, may succeed to 
 
 the exercise and discharge of the episcopal functions of. such 
 bishops, and the clergy and laity in communion with such persons, 
 -have appointed any persons or body to represent the said Church, 
 and to hold property for any of the uses or purposes thereof, it shall 
 be lawful for Her Majesty by charter to incorporate such body, 
 with power, notwithstanding the statutes of mortmain, to hold 
 lands to such extent as is in this Act provided, but not further or 
 otherwise. 
 
 The archbishops, bishops, clergy, and laity, at a General Convention held in 1870, Appointment 
 appointed a body to represent the Church of Ireland and to hold property for any of of Represen- 
 the uses or purposes thereof, and authorized such Representative Body to apply to J^ iT0 , 
 Her Maj esty for a Charter of Incorporation. The Body thus elected consisted of sixty S ? 
 members, composed in the following manner, viz. : — twelve bishops, sitting ex officio, ° y ' 
 one clergyman and two laymen elected by each diocese or united diocese, and twelve 
 co-opted members. 
 
 On the application of the Representative Body, Her Majesty, on the 15th day of 
 October, 1870, by Royal Charter incorporated the members of the said Body and their 
 successors to be one Corporation or Body politic, by the name of " The Representa- 
 tive Church Body. " (See Charter, post, page 169.) 
 
 Dealings between Commissioners and Representative 
 Church Body. 
 
 23. In the event of a representative corporate body, herein- Redemption 
 
 to. All one cvciio ^ «. ^^„v^ T ~,~ »ry "T^> , X„ofannuiti< 
 
 after referred to as " the representative body of the said Church, and life 
 being constituted in pursuance of this Act to represent, the said j,^™^ 
 Church,, any archbishop, bishop, or person holding any such persons by 
 
u 
 
 THE IE1SH CHURCH A(!T, 1S69. 
 
 commu 
 
 tati'iu. 
 
 Section 23. benefice or cathedral preferment as aforesaid, or any curate entitled 
 to an annuity under this Act, may after the first day of January 
 one thousand eight hundred and seventy-one apply (b) to the Com- 
 missioners to commute his annuity and the value of his life 
 interest, if any, in any ecclesiastical property held by him in pur- 
 suance of this Act, exclusive of any income derived from pew- 
 rents and burial fees (c), for a capital sum ; and the Commissioners, 
 if satisfied that such annuity and life interest is unincumbered, or, 
 if incumbered, that the incumbrancers consent to the commutation, 
 and that the said representative body assent to such commutation, 
 and also, in the case of a curate, that the incumbent (if any) from 
 whose income the salary of such curate has been deducted as 
 aforesaid assents, shall cause the then present value of such 
 annuity and also of such life interest, exclusive as aforesaid, to be 
 estimated (d), and shall pay the amount of such estimated value 
 to the representative body of the said Church charged with the 
 payment of the annuity in respect of which the capital sum is 
 paid, so long a3 the annuitant requires such payment to be made, 
 but with power to the representative body of the said Church to 
 make such arrangements in respect of the commuted value of the 
 annuity with the annuitant, and as to the disposal of such portion 
 thereof as shall after such arrangements be applicable to Church 
 purposes, as shall to such body seem fit ; and upon such capital 
 sum being paid, the annuity of such applicant shall cease, and all 
 the estate and interest of the said applicant in any such ecclesiasti- 
 cal property as aforesaid shall vest in the Commissioners, (e) 
 
 (6) For forms of application, see forms, post, page 227. 
 
 (c) See ruling In re Archdeacon of Dublin and others, post, page 105, and In re Rev. 
 M. A. C. Collis, post, page 108. 
 
 (<Z) See table for estimating value of life interests, post, page 164, the age taken being 
 as that attained on the birth-day next before the time when the claim, with all 
 necessary consents, was lodged in the Commissioners' office. 
 
 (e) The capital sums paid to the Representative Church Body for commutations 
 under this section, up to 31st December, 1875, were as follows: For 
 
 Made of 
 estimating 
 value of 
 life interest 
 
 1,382 Incumbents (including Archbishops 
 
 and Bishops), .... 
 
 901 Curates 
 
 £5,819,687 10 
 1,731,873 14 
 
 Charged with 
 annuities of 
 
 £493,261 10 9 
 96,503 14 7 
 
 Commu- 
 tation of 
 life interests 
 of non- 
 annuitants. 
 
 Compensa- 
 tion for 
 average re- 
 newal fines. 
 
 2,283 Ecclesiastical persons a total of . £7,551,561 4 2 £589 765 5 4 
 
 Any person having a life interest in ecclesiastical property in 
 pursuance of this Act, although not the recipient of an annuity, 
 shall be deemed to be an annuitant for the purposes of this section' 
 and such life interest may be valued and commuted accordingly ; 
 provided that the value of the life interest in any ecclesiastical pro- 
 perty of the said Church shall include the benefit (if any) derived 
 from fines (/) paid on the renewal of leases, on an average of 
 fourteen years preceding the first of January one thousand eight 
 hundred and sixty-nine ; and the Commissioners shall at any time 
 between the first day of January one thousand eight hundred and 
 seventy-one and the first day of January one thousand eight 
 hundred and seventy-three, but not afterwards, if it appears to 
 
32 & 33 victoria, cap. 42; 15 
 
 them, as respects any diocese or united dioceses in Ireland, as the section a. 
 case may be, or as respects any Protestant nonconforming body or 
 communion^ that not less than three-fourths of the whole number topa'don 
 of ecclesiastical persons in such diocese or united dioceses, or of £t? m mone 
 the whole number of the ministers of such body or communion in certain ' 
 authorized to commute under this Act, have commuted or agreed oas<,s ' 
 to commute their life interests, pay in addition to the monies 
 otherwise payable by them a sum equal to twelve pounds in the 
 hundred on the commutation money payable in respect of each life 
 interest, such addition to be disposed of in the same manner as the 
 commutation money in respect of which it is added, (g) 
 
 (/) The Commissioners decided that the ordinary annual renewal fines should pro- Compensa- 
 perly be included under the head of " Life Interest," and that compensation for fines tion fur 
 on renewal of leases, on an average of fourteen years, could be given in those cases renewal 
 only where fines or a portion thereof were received in other than annual payments. fines- 
 
 (</) In adjudicating on claims for payment of bonus the Commissioners decided that Claims for 
 in the case of two or more dioceses united under one bishop, the bishop was the unit, and bonus, 
 that it was necessary for three-fourths of the ecclesiastical persons under each bishop 
 to commute in order to secure the bonus : and where there was an annuitant 
 holding one or more annuities in any particular diocese or united diocese, he 
 could not be counted among the three-fourths of the ecclesiastical persons of such 
 diocese, in order to secure the bonus, unless such annuitant commuted for all his 
 annuities; and with respect to Curates, they further decided that permanent curates, 
 holding annuities under 15th section, were to be counted in making up the number 
 of ecclesiastical persons in any diocese or united diocese, the definition of the word 
 " ecclesiastical person " in the construction of the Act being inclusive, and not ex- 
 clusive. See reports of leading cases affecting commutations, post, page 83. 
 
 24. When any annuity is commuted as aforesaid, the Commis- Building 
 sioners shall, as soon as may be, ascertain and by order declare the pafdon'com- 
 amount of any building charge to which the archbishop, bishop, mutation of 
 incumbent, or person holding such cathedral preferment, and there- annm y ' 
 tofore entitled to such annuity as aforesaid, or any person or 
 persons claiming through or under him, may be entitled, after 
 deducting such sum or sums of money (if any) as the Commissioners 
 
 may ascertain and declare to be just in respect of any dilapidations 
 or want of proper repair in any of the buildings subject to such 
 charge, and the Commissioners shall thereupon pay to such arch- 
 bishop, bishop, or person holding such benefice or cathedral pre- 
 ferment, or any person or persons claiming as aforesaid (as the 
 case may be), the principal sum (if any) so ascertained and declared 
 to be payable to him or them in respect of such building charge as 
 aforesaid. 
 
 See form of application for payment of building charge, post, page 237. 
 
 In assessing dilapidations under this section the Commissioners gave the ecclesias- Dilapidation! 
 tical person the option of agreeing to a deduction of ten per cent, per annum on the of glebe 
 annual value of the glebe house, garden, and curtilage, for the number of years the houses, 
 same was in his occupation in place of having a survey of premises made by their 
 architects. 
 
 The sums received for dilapidations have been paid to the Representative Church 
 Body, pursuant to 6th section of the Act of 1872, post, page 43. 
 
 25. The following enactments shall be made with respect to Enactments 
 churches vested in the Commissioners under this Act : Jo'enurX.' 
 
 (1.) Where any church or ecclesiastical building or structure Buildings 
 appears to the Commissioners to be ruinous, or if a church *° Nation*? ' 
 to be wholly disused as a place of public worship, and Monument* 
 
16 
 
 SHE IRISH' CHURCH AC*, 18(j9. 
 
 Section 25. 
 
 National 
 Monuments 
 vested in 
 Board of 
 Worka. 
 
 Churches 
 to bo vested 
 in Represen- 
 tative Body. 
 
 not suitable for restoration as a place of public -worship, 
 and yet to be deserving of being maintained as a national 
 monument by reason of its architectural character or 
 antiquity, the Commissioners shall by order vest such 
 church, building, or structure in the secretary of the 
 Commissioners of Public "Worts in Ireland, to be held 
 by such secretary, his heirs and assigns, upon trust for 
 the Commissioners of Public Works, to be preserved as 
 a national monument, and not to be used as a place of 
 public worship, and the Commissioners shall ascertain 
 and by order declare -what sum is in their judgment 
 required for maintaining as national monuments the 
 churches, buildings, and structures so vested, and shall 
 pay such sum accordingly to the said secretary, to be 
 held upon trust for the said Commissioners, and to be 
 applied by them in maintaining the said churches, 
 buildings, and structures : (h) 
 
 (A) The following ecclesiastical structures have been vested in the Board of Public 
 Works in Ireland in accordance with this provision, and the sum of £22,354 has been 
 paid*f or the maintenance thereof, viz. : — 
 
 'tSidiity Fermanagh. — Devenish Church and Bound Tower, in the parish of Devenish, 
 and barony of Magheraboy. 
 
 County Tyrone. — Donaghmore Stone Cross, in the parish of Donaghmore, and 
 barony of Middle Dungannon. 
 
 Cownty Louth. — Monasterboice Church, Round Tower, and three crosses, in the 
 parish of Monasterboice, and barony of Ferrard. 
 
 County Meath. — Donaghmore Church and Round Tower, in the parish of Donagh- 
 more, and barony of Ratoath; St. Columb's House, Kells, in the parish of Kells, and 
 * barony of Upper Kells. 
 
 Courtly Mayo. — Killala Hound Tower, in the parish of Killala, and barony of 
 Tyrawley. , 
 
 County Kilkenny. — Killamery Stone Cross, in the parish of Killamcry, and barony 
 of Kells ; Kilkeeran Stone Cross, in the parish of Kilkeeran, and barony of Gowran. 
 
 County lipperary. — Ecclesiastical ruins on " The Rock of Cashel ; " Kilclisplan, 
 two stone crosses in the parish of Newtown Lennan, and barony of Iffa and Offa 
 East. 
 
 County Waterjord. — Ardmore Cathedral, Round Tower, and St. Declan's Tomb, 
 in the same enclosure, in the parish of Ardmore, and barony of Becies-within-Drum.' 
 
 County Wicklow. — The ruins of the Seven Churches, in the valley of Glendalough, 
 with the Round Tower, stone crosses, and the other ecclesiastical buildings or structures'. 
 
 County Kerry. — Ardfert Cathedral, and ruins of two churches in the parish of 
 Ardfert, and barony of Clanmaurice ; Gallerus Church, in the parish of Kilmaelchedar, 
 and barony of Corkagiiiney. 
 
 (2.) Where any church is in actual use at the time of the passing 
 of this Act, and the representative body of the said 
 church, at any time within six months after the first of 
 January, one thousand eight hundred and seventy- 
 one, apply to the Commissioners stating that they require 
 such church for religious purposes, or for the purpose of 
 taking the same down and erecting or enlarging another 
 church or churches in lieu thereof, the Commissioners 
 shall by order vest the church in the said representative 
 body of the said Church, subject to any life estate or 
 interest that is existing therein : (i) 
 
 (i) .All churches in Ireland vested in the Commissioners were duly claimed bv the 
 . •|^?? , 2& ative ChMtch Body, and were vested in that body in pursuance of this 
 
32 & 33 victoria, cap. 42. IT 
 
 • (3:) Where any church was in use at the time of the passing of section 26. 
 this Act, and no application in respect thereof is made chu ^J7 a of 
 by the said representative body of the said Church within private 
 the said prescribed period, and such church was erected peraon '- 
 at the private expense of any person, the Commissioners 
 shall/ on the application of the person who erected such 
 church, if alive, or of his representatives if he died since 
 the year one thousand eight hundred, by order vest such 
 church in the applicant or applicants, or in such person 
 or persons as he or they may direct : 
 
 (4.) Where any church vested in the Commissioners under this Unvested 
 Act is not disposed of under the preceding sections, the "h""*™- 
 Commissioners shall dispose of such church and the site 
 thereof in such manner as they think expedient : 
 
 (5.) Where any church is vested in the representative body of Vesting of 
 the said church by order of the Commissioners, any J^«t 
 school-house belonging thereto or tised in connexion 
 therewith, together with any land occupied with such 
 school-house, and by this Act vested in the Commis- 
 sioners, shall be included in the said order : 
 
 (6.) No vesting order made under this section shall prejudice Bights ot 
 or affect the right of any person or persons to any vault jn P T au it r 3 e . 
 or other place of burial within any church or ecclesias- 
 tical building, and every such vesting order shall be 
 deemed to be subject thereto, and to all such other 
 rights of sepulture therein as may be subsisting at the 
 date of such order. 
 
 26. The following enactments shall be made with respect to Enactments 
 burial grounds vested in the Commissioners : to'turiaf 00 ' 
 
 (1.) Where any church vested in the representative body of the grounds, 
 said Church has a burial ground annexed or adjacent 
 ' thereto, but not separated therefrom by any carriage high- » 
 
 way, or that has been granted by a private donor to, or 
 exclusively used by, the parishioners attending the said 
 church, such burial ground shall be included with the . 
 church in the order made by the Commissioners, subject 
 to any life estate or interest subsisting therein, and pass 
 to the said representative body, accordingly, but without 
 prejudice to such rights of or in respect of burial as may 
 be subsisting therein, or may be thereafter declared to 
 subsist therein by Act of Parliament ; or the Commis- 
 sioners shall, at the option of the said representative 
 body, vest such burial ground in the guardians of the 
 poor law union within which the same may be situate, 
 subject to a right of way in the said representative body, 
 and the clergy and congregation attending the said 
 church, and such other persons as may resort thereto for 
 the purpose of Divine worship, or for the purpose of 
 repairing the said church, or for any pther lawful pur- 
 pose ; and such guardians shall not allow any funeral 
 
 
 
18 
 
 THE IRISH CHURCH ACT, 18ffl). 
 
 Seel/on 26 : 
 
 Burial 
 grounds 
 annexed to 
 national 
 monuments. 
 
 Burial 
 grounds 
 in private 
 demean eg. 
 
 to take place during the usual time of the ordinary 
 services in the said church, and shall make such other 
 regulations as may be found necessary from time to time 
 to prevent any interference by persons attending funerals 
 with the clergy or congregation attending the said 
 church, and shall keep the wall or other fence, and the 
 gates or doors of, and any road or path through, such 
 burial ground to the church situate therein in good and 
 sufficient repair, and shall, as far as may be consistently 
 with the provisions hereinbefore contained, hold such 
 burial ground for the same purposes, and subject to the 
 same rules and regulations, as if such burial ground were 
 a burial ground purchased or taken by such guardians, 
 being a burial board under the provisions of " The 
 Burial Act (Ireland), 1856," and the statutory amend- 
 ments thereof, for the time being, but without prejudice 
 to such rights of burial as may be subsisting therein at 
 the date of such order, or may thereafter be declared to 
 subsist therein by Act of Parliament : 
 (2.) Where any church conveyed to the secretary to the Com- 
 missioners of Public "Works for Ireland as aforesaid has a 
 burial ground annexed or adjacent thereto, and also in 
 every case other than those hereinbefore provided for in 
 which a burial ground is vested in the Commissioners 
 under this Act, unless such burial ground is in any private 
 park, demesne, or ornamental grounds, the Commissioners 
 shall vest such burial ground in the guardians of the poor 
 of the poor law union within which the same may be 
 situate, to be held by such guardians for the same pur- 
 poses, and subject to the same rules and regulations, as if 
 such burial ground were a burial ground purchased or 
 taken by such guardians, being a burial board under the 
 provisions of the Burial Act (Ireland), 1856 (j), and the 
 statutory amendments thereof, for the time being, but 
 without prejudice to such rights of burial as may be 
 subsisting therein at the date of such order, or may there- 
 after be declared to subsist therein by Act of Parliament; 
 and the Commissioners may, in the case of burial grounds 
 situate in private parks, demesnes, or ornamental grounds, 
 vest the same in such person and in such manner as the 
 Lord Lieutenant in Council may direct in each particular 
 instance. 
 
 (J ) The principal regulations of the statute cited are : 
 
 1st. The burial ground in each case shall be under the management of the Poor 
 Law Guardians, subject to the control of the Local Government Board and 
 i J? e f x P ense of keeping the same in repair is thrown on the union 
 
 2nd. The fees for interments are fixed, and a table of them posted up' in some 
 conspicuous part of the burial ground. 
 
 3rd. The guardians may sell exclusive right of burial in any part of burial 
 ground and for erecting monuments, &c. ; but such right is limited to one- 
 naif of the burial ground. 
 
 4th. Animals are not permitted to graze on burial ground, or within its limits 
 under a penalty of not less than one shilling, or more than two shilling* 
 
32 & 33 victoria, cap. 42. 19 
 
 27. Where there is any ecclesiastical residence vested in the section 27. 
 Commissioners which at the time of the passing of this Act or Enactinentu 
 within six months prior thereto is or has been occupied as a jMj "/!'£ 
 residence by any ecclesiastical person performing or aiding in the ticai rosi- 
 performance of the services in any church vested in the repre- denoos - 
 sentative body of said Church in pursuance of this Act, or in 
 any building temporarily used in place of a church, or where 
 such residence being a see house is or has been occupied by the 
 archbishop or bishop of the see to which such residence belongs 
 at the time of the passing of this Act, or within six months prior 
 thereto, the Commissioners shall, on the application of the repre- 
 sentative body of the said Church, by order vest in that body 
 such ecclesiastical residence, with the garden and curtilage (k) 
 thereto, subject to such life estate or interest, if any, as maybe 
 then subsisting therein, \ipon payment to the Commissioners of such 
 sum as is hereinafter mentioned, that is to say, where there is 
 no building charge affecting the same, upon payment to the Com- 
 missioners of a sum equal to ten times the amount of the annual statutable 
 value of the site of such ecclesiastical residence estimated as land, residence!, 
 and of the said garden and curtilage, such value to be determined 
 in case of disagreement by arbitration ; and where there is a 
 building charge affecting the same, on payment to the Commis- 
 sioners of such one of the two sums hereinafter mentioned as may 
 be the smallest, that is to say, either the amount of such building 
 charge or a sum equal to the value of such ecclesiastical residence, 
 with the garden and curtilage thereto, taken at ten years' purchase 
 of the annual value as estimated by the general tenement valuation, 
 such valuation and payment to be made, if there be no life estate 
 or interest subsisting in such residence, at the time of the making 
 of the said vesting order, but if there be a life estate or interest 
 subsisting therein, then such y valuation, and also the payment to the 
 Commissioners or persons entitled thereto in place of the Com- 
 missioners, to be made immediately after the determination of such 
 life estate or interest (I). 
 
 (/c) " Curtilage " has been defined to mean " the offices and enclosed yard attached Definitions 
 to a dwelling-house." of cur- 
 
 (l) The Representative Church Body have claimed 880 ecclesiastical residences, tilage. 
 which are being vested in that body, as speedily as the maps of the land conveyed 
 therewith are prepared by the Ordnance Survey Department. 
 
 Where the payment of the amount of any building charge or Payment 
 sum as aforesaid is deferred in pursuance of this section, the amount °5JJ? 1 f h f °™ d 
 thereof shall be deemed to be a lien on the said ecclesiastical moneys, 
 residence, and the garden and curtilage thereto, in the nature of a 
 lien for unpaid purchase money, but it shall not bear interest until 
 the same becomes payable in pursuance of this section (m). 
 
 (m) No case has yet arisen involving a calculation of deferred purchase-money. 
 
 28. Where any ecclesiastical residence is by order of the Com- Power to 
 missioners vested in the representative body of the said Church, additional 
 the Commissioners may, on the application of the said body, by ^Jhbodr. 
 
 • c 2 
 
20 THE IRISH CHURCH ACT, I860. 
 
 section 29. order -vest a further portion of land in the said body ; that is to 
 
 Ba 7> 
 
 (1.) In the case of a see house a quantity of land not exceeding 
 thirty acres, being land usually occupied with the said 
 see house ; 
 (2.) In the case of any other ecclesiastical residence a quantity 
 of land not exceeding ten acres, being land usually occu- 
 pied with the said ecclesiastical residence : 
 Provided always, that if the Commissioners shall be of opinion that 
 for the convenient enjoyment of the said house or residence, or by 
 reason of the severance which would otherwise take place, an 
 additional quantity of land should be granted, they shall by order 
 vest such additional land in the said body. 
 
 There shall be paid to the said Commissioners by the said repre- 
 sentative body as the price of the land to be vested in them in 
 pursuance of this section such sum as may be agreed upon or may 
 be determined by arbitration. 
 
 Any vesting order made by the Commissioners in pursuance of 
 this section shall have annexed thereto a map accurately denning 
 the land thereby vested. 
 Trees on With respect to trees on mensal lands the following resolution was adopted by the 
 
 mensal Representative Church Body on 22nd April, 1874, viz. — '• That no trees growing on 
 
 lands. lands the property of the Representative Body shall be cat down without the permis- 
 
 sion of the Representative Body, obtained through the Diocesan Council, who shall 
 take such steps for their being cut down and sold as they may think fit ; and on the 
 trees being sold, the proceeds shall be transmitted to the Representative Body, to be 
 held for the benefit of the Parish. " 
 
 Enactments 29. In lieu of any real or personal property becoming vested 
 to private in the Commissioners by virtue of this Act which may consist or 
 endowments. j, e the produce of property or moneys given by private persons 
 out of their own resources, or which may consist of or be the 
 produce of moneys raised by private subscription, and without pre- 
 judice to any life interests preserved or secured by this Act, the 
 Commissioners shall, on the application of the representative body 
 of the said Church, pay as at the end of six calendar months after 
 the first day of Jamiary one thousand eight hundred and seventy- 
 one to such representative body the sum of five hundred thousand 
 pounds sterling ; but such payment shall be without prejudice to 
 any claim in respect of any particular private endowment which 
 may within twelve months after such payment be substantiated 
 against the said sum. 
 
 The capital sum mentioned in this section was paid by the Commissioners to the 
 Representative Church Body on 1st July, 1871, and it appears from the report of that 
 Claims in Dod y> presented to the General Synod of the Church of Ireland in 1874, that the claims 
 respect of substantiated in respect of particular private endowments (including Boulter and 
 private en- Robinson Funds) amounted to £350,000. The report also states thatthere were many 
 dowinents other private endowments of the Church of Ireland confiscated by the Act, bnt that 
 substan- claims in respect of them could not he now established from a variety of causes, such 
 tiated. as loss of documents, lapse of time, Ac., Ac. 
 
 Private Private endowments held for the purposes of any proprietary, or district paro- 
 
 endowments chial church, or endowed chapel of ease, are saved by the 70th section (see post, 
 saved. page 39) 
 
 Moveable 30. All plate, furniture, and other moveable chattels belonging 
 
 belonging to *° an y church or chapel, or used in connexion with the celebration 
 
32 & 33 victoria, cap. 42. 21 
 
 of Divine worship therein, shall vest in the representative Church section ao 
 body when incorporated; and subject to the life enjoyment of seeo " 
 same by the existing incumbents, all moveable chattels held and <*uroh. 
 enjoyed by the incumbent for the time being of any see, cathedral 
 preferment, and benefice in his corporate right, together with or as 
 incident to the occupation of any ecclesiastical residence, shall also 
 vest in the same body when incorporated ; and where any property 
 is vested in any ecclesiastical or cathedral corporation in Ireland in charitable 
 trust for the poor or any other charitable purpose, the dissolution of trust3, 
 such corporation shall not affect the continuance of the trust, but 
 such property shall immediately upon such dissolution vest in the 
 representative body of the said Church, or, in defaiilt of and until 
 the same shall be constituted, in the Commissioners for the execu- 
 tion of this Act, but subject always to the trusts affecting the same, 
 and under the same supervision, local or otherwise, as theretofore, 
 or as near thereto as the circumstances of the case will admit ; and 
 in all cases where ecclesiastical persons are at present in right of 
 their dignities or offices entitled to be members of any lay corpora- 
 tions constituted for the management of any private endowment, or 
 are trustees for the management of property belonging to institu- 
 tions of private foundation for purposes not ecclesiastical, then the 
 persons (if any) who shall hereafter at any time discharge duties 
 similar or analogous to those now discharged by such ecclesiastical 
 persons shall be entitled to succeed in their room, and be members 
 of such lay corporations, and to act as such trustees (n). 
 
 (n) The second section of the Act to amend the Law of Charitable Donations and Charitable 
 Bequests in Ireland of 1867* (30 and 31 Vic, cap. 54) provides, that the Commissioners Donations 
 of Charitable Donations and Bequests " shall receive and consider all applications and Bequeats 
 " which may be made to them by any trustee or other person having any concern in -A- * 8 * 
 " the management or administration of any charity for their opinion, advice, or direc- 
 " tion respecting such charity, or the management, or administration thereof, or the 
 " estate, funds, property, or income thereof, or the application thereof, or any question 
 " or dispute relating to the same respectively, and, if they so think fit, may, upon any 
 11 such application, give such opinion or advice as they may think expedient, subject 
 " to any judicial order or direction which may be subsequently made or given by any 
 " competent court or judge ; and such opinion or advice shall be in writing {and be 
 " authenticated by the Seal of the Commissioners, <£c.,] and every trustee and other 
 " person who " shall act upon or inaccordance with the opinion or advice given by the 
 " said Board shall, in respect of so acting, be deemed and taken, so far as respects his own 
 " responsibility, to have acted in accordance with his trust ; and no such judicial order 
 " or direction subsequently made or given by any court or judge shall have any such 
 " retrospective effect as to interfere with or impair the indemnity by this Act given to 
 " trustees and other persons who have acted upon or in accordance with such opinion 
 " or advice of the Commissioners : Provided always, that nothing herein contained 
 " shall extend to indemnify any trustee or other person for any act done in accord- 
 " ance with the opinion or advice of the Commissioners, if such trustee or other person 
 " has been guilty of any fraud or wilful concealment or misrepresentation in obtaining 
 " such opinion or advice." 
 
 The fourth section of the same Act requires notice to be given to the Commissioners 
 of Charitable Donations and Bequests by any person (except the Attorney-General) 
 before taking legal proceedings as to any charity. 
 
 The twenty-first section' of the same Act requires officers who have the custody of 
 records, or other documents which concern any charity, to furnish such copies or 
 extracts a« shall be required by the said Commissioners without fee or payment in 
 respect thereof, and likewise empowers the officers of the said Commissioners to 
 examine and make searches in all places where records are deposited. 
 
 •As amended by 34 & 35 Vic, c 102, s. 5. 
 
22 
 
 THE IRISH CHURCH ACT, 1869. 
 
 Section 31. 
 
 Limitation 
 of right to 
 purchase 
 fee simple 
 in consider 
 ation of 
 perpetual 
 rent. 
 
 Management of Property by Commissioners. 
 
 31. No application under the Act of the session of the third 
 and fourth years of King William the Fourth, chapter thirty-seven, 
 and the Acts amending the same, or any of them, by any immediate 
 or inferior tenants, for the purchase or conveyance of the fee simple 
 and inheritance of any lands, shall be made after the expiration 
 of three years from the first day of January, one thousand eight 
 hundred and seventy-one, but save as aforesaid nothing in this Act 
 contained shall prejudice or affect the right of any such immediate 
 or inferior tenant to purchase or have such conveyance of the fee 
 simple and inheritance as aforesaid : 
 
 In any case in -which by any of the provisions of the said Acts 
 it is required that anything relating to any such purchase or con- 
 veyance, or to the renewal of any lease, shall be done by the 
 Ecclesiastical Commissioners for Ireland, such provision shall be 
 construed as if the Commissioners hereby constituted were named 
 therein instead of such Ecclesiastical Commissioners. 
 
 See General Rules, post, page 163, and 12th Section of Act of 1872, post, page 47 ; 
 also third paragraph of 12th Section, ante, page G ; and judgment In Re John Leslie, 
 post, page 92. 
 
 The sales of conversions of renewable leases into perpetuities between 26th July, 
 1869, and 31st December, 1875, produced £333,534 17s. Sd., against £168,000 received 
 by the Ecclesiastical Commissioners in the preceding twenty-four years. 
 
 The following is a list of the Statutes which affected Ecclesiastical Leases, in 
 Ireland, prior to the passing of Church Temporalities Act of 1833 : — 
 
 10 and 11 Car. I., c. 2, s. 7 — (Residence of Clergy). 
 „ „ c. 3 — (Disabling and Amending Act). 
 
 14 and 15 Car. II., c. 2, ss. 104-106 — (Augmentation Lands). 
 17 and 18 „ c. 2, ss. 19-25. „ 
 
 10 Will. III., c. 6, s. 7— (Leases of Glebes). 
 
 4 Geo. I., c. 14, ss. 7 and 8 — (Demesne of Archbishop of Tuam). 
 
 10 ,, o. 5 — (Mines). 
 
 12 „ c. 9, s. 6— (Free Schools). 
 
 12 „ c. 12, ss. 13-18— (Bog). 
 
 1 Geo. II., c. 15 — (Leases by Incumbents of Parishes in Towns). 
 
 11 „ c. 15 — (Amendment of 10 Car. I., c. 3). 
 
 15 „ c. 5 — (Mensal Lands). 
 15 „ c. 10— (Coal Mines). 
 
 19 „ c. 16 — (Mensal Lands of Archbishop). 
 
 23 „ c. 9— (Coal Mines and lands belonging to Free Schools). 
 
 I Geo. III., c. 7, s. 9 — (Custom Houses, &c.) 
 7 „ c. 7— (Wide Streets, Dublin). 
 
 7 „ c. 8 — (County Infirmaries). 
 
 II and 12 Geo. III., c. 17, s. 12— (Free Schools). 
 
 „ „ c. 21 — (Unprofitable Bog). 
 
 „ „ c. 30, s. 4— (Houses of Industry). 
 
 17 and 18 „ c. 46 — (Harcourt-street, Dublin). 
 
 21 and 22 „ c. 12 ,, 
 
 „ „ c. 28— (Old School House Sites). 
 
 25 Geo. III., c. 62— (Corn and Machinery Mills). 
 27 „ c. 57, b. 3 — (House of Industry, Dublin). 
 31 „ c. 39— (Royal Mining Co.) 
 
 35 , , c. 23 — (Amendment of 10 and 11 Car. I., c. 3. 
 
 Ecclesiastical Persons). 
 37 Geo. III., c. 44— (Parish Estates). 
 53 „ c. 92 — (Mensal Lands, renewals of leases). 
 
 5 Geo. IV., c. 91 — (Residence of Clergy). 
 
 rentcha^'e" 32 ' ^ The Commissioners may at any time after the first day 
 to n o W nen g of of January, one thousand eight hundred and seventy-one. sell anv 
 
 land, r 
 
 Leases and renewals by 
 
32 & 33 victoria, cap. 42. 23 
 
 rentcharge in lieu of tithes vested in them under this Act to the , P eetlm 3 
 owner of the land charged therewith in consideration of a sum 
 equal to twenty-two and a half times the amount of such rent- 
 charge ; and upon any such sale being so made, the Commissioners 
 shall by order declare the rentcharge to be merged in the land out 
 of which it issued, and the same shall merge and be extinguished 
 accordingly. 
 
 Upon the application of any owner so purchasing, the Com- 
 missioners may by order declare his purchase money or any part 
 thereof to be payable by instalments, and the land out of which 
 such rentcharge issued to be accordingly charged as from a day to 
 be mentioned in such order for fifty-two years thence next ensuing 
 with an annual sum calculated at the rate of four pounds nine 
 shillings per centum on the purchase money, less such sum in the 
 pound as such owner shall be ascertained by the Commissioners to 
 have been on an average of five years preceding the passing of this 
 Act entitled to deduct for poor rates from the tithe-rentcharge 
 payable by him, or for such less number of years as may be agreed 
 upon at an equivalent annual sum, so as to discharge the principal 
 and interest in such less number of years. The annual sum 
 charged by such order shall have priority over all charges and 
 incumbrances, except quit or crown rents, and shall be payable by 
 the same persons, and be recoverable in the same manner, and be 
 subject to the same charges, if any, as the rentcharge in lieu of 
 tithes heretofore payable out of the same lands. 
 
 " Owner" for the purposes of this section shall mean the person 
 for the time being liable to pay rentcharge in lieu of tithes under 
 the provisions of the Act of the first and second years of the reign 
 of Her present Majesty, chapter one hundred and nine. 
 
 (o) The 7th Section of the Act 35 & 36 Vic, c. 90 (see post, page 45), is substituted 
 for this section from the 1 0th August, 1872. The only practical difference between 
 the two sections is, that a deduction is made for Poor Kates in estimating purchase 
 money, whether payable in Cash, or on Loan System, under the Amendment Act, 
 whereas such deduction was only allowed in the principal Act where the purchase 
 money was paid by Loan System. 
 
 See instructions issued by the Commissioners for the information of owners 
 desirous of purchasing their tithe rent-charge (post, page 191). 
 
 Tables are printed (post, page 193), showing the sum to be paid in cash for any 
 amount of tithe rent-charge, and for converting the same into an annuity of almost 
 equal amount with that heretofore payable, extending over fifty-two years. 
 
 Where rent-charge is converted into an annuity, the outstanding instalments can at 
 any time be redeemed on favourable terms. — See Table for redeeming instalments 
 extending over fifty-two years, post, page 195. 
 
 The total annual tithe rent-charge vested in the Commissioners was about £400,00!), 
 of which the capital value was £9,000,000. Up to 31st December, 1875, £173,738 per 
 annum of rent-charge has been either extinguished by cash purchases, or converted 
 into terminable annuities, leaving a balance of about £230,000 per annum (Capital 
 value about 5,300,000), which will be payable in perpetuity unless redeemed in the 
 manner provided by the foregoing Section. 
 
 The Commissioners do not appear to have any power to sell tithe rent-charge, 
 except as provided in the Act above quoted. It has been erroneously supposed that 
 sales by auction might be made of tithe rent-charge under 34th Section, but on refer- 
 ring to that section it will be observed that the property therein referred to alto- 
 gether consists of land and rights appertaining thereto. 
 
 No legal expenses are payable by owners who either purchase or convert their ■ 
 rent-charges, as the merging orders a ve prepared free of expense by the Commis- 
 sioners, by whom the stamp duty is p.iyable pursuant tp the 10th, Section of the 
 Act 35 & 36 Vic, C. 90 (post, page 46). 
 
24 
 
 THE IRISH CHUBCH ACT, 1869. 
 
 surrender or 
 assignment 
 of lease of 
 tithes. 
 
 Section 33. Income Tax is deductible from annual instalments, in redemption of tithe-rent- 
 — ~ charge, as provided by the llth Section of the Act 35 and 36 Vic, c. 90 (pott, 
 page 46). 
 
 Commis- 33. The Commissioners may, in order to the commutation of 
 
 pu"ohas™ >y tithe rent-charge, purchase the surrender or assignment of any 
 
 subsisting lease (p) of tithe rent-charge made by an ecclesiastical 
 
 person or corporation. 
 
 (p) The 8th Section of the Act 35 and 36, Vic, c. 90 (post, page 46), empowers the 
 Commissioners to treat all leases renewable by custom, previous to 26th July, 1869, 
 as renewable leases for the purpose of estimating the value and fixing the purchase 
 money thereof ; and the 9th Section of the same Statute gives an appeal to arbitration 
 to any person aggrieved by the value set by the Commissioners on his lease. 
 
 Commit 34. The Commissioners may at any time after the first of 
 
 sioners to January, one thousand eight hundred and seventy-one, sell by 
 voste'din 6 7 public auction or private contract, or otherwise convert into 
 them by this money, any real or personal property vested in them by this 
 
 Act(g), subject to the other provisions of this Act, and to the 
 
 following conditions : 
 (9) See instructions to tenants, post, page 197. 
 
 Bight of 
 pre-emption 
 to owners. 
 
 Sale of 
 perpetuity 
 
 rents. 
 
 Mines and 
 quarries. 
 
 No sale to 
 take place 
 until life 
 interest is 
 extin- 
 guished. 
 
 Renewable 
 
 (1.) They shall not sell to the public any perpetual yearly rent 
 issuing out of any land, or any right to mines or quarries 
 in any land, where the fee-simple of the land subject to 
 such rent or right is vested in some person other than 
 the Commissioners, until they have given notice to the 
 owner of such land that they are willing to sell the same 
 to him at the price hereinafter mentioned, and the owner 
 has declined to accept their offer : (r) 
 
 ()•) See form of offer, post, page 244. 
 
 (2.) Perpetuity rents shall be offered to the owner of the land 
 out of which they issue at a capital sum equal to twenty- 
 five times the annual amount of such rents : (*) 
 
 (s) These rents (save in about 60 exceptional cases), were offered to the owners in 
 
 J-'Sccmocr, 1874. 
 
 (3.) The price of the rights to mines or quarries shall be fixed 
 
 by the Commissioners by order : (t) 
 (t) In many cases these rights were ascertained to be merely nominal and were 
 p™X™r P0Un<1S ln thC Sme mnve ^ ace M «««» wlSS convene 
 
 (4.) They shall not seU to the public the fee-simple of anv land 
 rn which any archbishop, bishop, or person holding any 
 such benefice or cathedral preferment as aforesaid has a 
 « ^ TV. ^ii + u^ g ^ e c(mti *» ail <*> of such life interest: 
 (5.) They shall not sell to the public the fee-simple of any land 
 ^hich is held immediately from or under the Commis- 
 sioners by virtue of any lease or tenancy, until they 
 have given notice to the lessee or tenant that they are 
 wolhngto sell the fee-simple to him for a price to be 
 named by the Commissioners in such notice, and such 
 lessee or tenant has declined to accept their offer and 
 
32 & 33 Victoria, cap. 42. 25 
 
 they shall not sell to the public the fee-simple of any - *"1^ 34 - 
 land which is held immediately from or under the Com- 
 missioners by virtue of any lease for twenty-one years 
 or for three lives, or twenty-one years, or for forty- 
 years, or for three lives, until the expiration of three 
 years from the first day of January, one thousand eight 
 hundred and seventy-one : 
 
 (6.) Notice shall be given to the owner, where such owner is Service t 
 known to the Commissioners, by sending by post a letter rotio0, 
 containing the terms of the offer addressed to him at his 
 last known place of abode; where he is not known, notice 
 may be given by advertising the terms in the Dublin 
 Gazette, and in one or more local newspapers as the 
 Commissioners may determine : 
 
 (7.) An owner shall be deemed to have declined to accept, the Testiiiat 
 offer of the Commissioners if he do not accept the same in teen 
 writing, and pay or secure the purchase money to the deolincd - 
 Commissioners within three months after the giving of 
 such jiotice as aforesaid : 
 
 (8.) " Owner of land " for the purposes of this section shall Definition of 
 include a " limited owner " as denned by the " Landed """' 
 Property (Ireland) Improvement Act, I860;"* and any Powerof 
 limited owner may raise the money required for any limited 
 purchase under this section, or any part thereof, by™ r y |° raise 
 mortgage (at a rate of interest not exceeding five pounds 
 per centum per annum) of the land of which he is such 
 limited owner as aforesaid. 
 
 Any person purchasing from the Commissioners shall hold the Saving 
 lands, tenements, and hereditaments purchased by him subject to ° ause " 
 all tenants' rights of renewal to which the same were subject in the 
 hands of the Commissioners at the time of such sale, (u) 
 
 («) The rental of the Commissioners from their landed property originally 
 amounted to £225,622 (including fines), and was divided into the following classes, 
 Yiz. : — 
 
 Perpetuity Tenants, .... 1,712 
 
 Tenants with Renewable Leases, . 419 
 
 Yearly and other Tenants, . . . 8,432 
 
 Total, . . . 10,563 
 
 *Nbte — A " Limited owner," as defined by the " Landed Property (Ireland) Improve- 
 ment Act, 1860," means anyperson entitled under any existing or future settlement at 
 law or in equity, for his own benefit, and for the term of his own life, to the possession 
 or receipt of the rents and profits of land, whether subject or not to incumbrances, in 
 which the estate for the time-being, subject to the trusts of the settlement, is an 
 estate for lives or years, renewable for ever,or is an estate renewable for a term of 
 not less than sixty years, or is an estate for a term of years of which not less than 
 sixty are unexpired, or is a greater estate than any of the foregoing- estates (sec. 7) ; 
 also, any body corporate, any corporation sole, ecclesiastical or lay, any trustees, {or 
 charities, and any commissioners and trustees for ecclesiastical, collegiate, or other 
 public purposes, entitled at law or in equity in the case of freehold land to the fee- 
 simple, and in the case of leasehold land to a lease tor an unexpired residue of not less 
 than sixty years, or for a term of years or of lives renewable for ever, or renewable for 
 a period of not less than sixty years (sec. 24) ; also, the guardians, committees, or 
 husbands of limited owners under disability. [23 & 24 Vic. o. 153. J . J : ■ ; '. ■ < 
 
26 
 
 THE IRISH CHURCH ACT, 1869. 
 
 Section 36. The following tables show the number of offers of pre-emption made to tenants 
 
 pursuant to the foregoing section, and the particulars of sales, where the treaties for 
 
 purchase are concluded, for each year, from 1871 to 1875, inclusive : — 
 
 Table I. — Offers of Pre-emption made to Tenants. 
 
 Orders of 
 
 Commis- 
 sioners 
 operating as 
 conveyance, 
 Arc. to be 
 liable to 
 same Stamp 
 duty. 
 
 Payment of 
 money into 
 Bank. 
 
 Accounts of 
 capital and 
 revenues. 
 
 Year. 
 
 Number 
 of Offers. 
 
 Gross Annual 
 Bents. 
 
 Purchase Money 
 Demanded. 
 
 1871, 
 1872, 
 1873, 
 1874, 
 1875, 
 
 927 
 
 140 
 
 996 
 
 4,392 
 
 3,895 
 
 £ 8. d. 
 
 15,654 16 10 
 
 1,314 8 11 
 
 16,438 14 2 
 
 138,103 18 6 
 
 35,679 18 3 
 
 £ s. d. 
 
 377,448 10 3 
 
 29,937 18 7 
 
 381,563 12 4 
 
 3,403,754 9 
 
 894,402 3 9 
 
 Total, . 
 
 9,350 
 
 207,191 16 8 
 
 5,087,106 13 11 
 
 Table II. — Sales of Landed Pbopertt (where offers have 
 been accepted). 
 
 Year. 
 
 Number. 
 
 Annual Rents. 
 
 Purchase Money. 
 
 V 
 
 1871, 
 1872, 
 1873, 
 1874, 
 1875, 
 
 330 
 
 248 
 
 516 
 
 1,068 
 
 1,656 
 
 £ s. d. 
 
 5,316 6 
 
 2,154 2 9 
 
 11,068 13 2 
 
 15,836 1 9 
 
 48,284 7 7 
 
 £ s. d. 
 
 96,604 4 8 
 
 68,977 19 5 
 
 269,002 6 11 
 
 367,938 15 7 
 
 1,171,074- 18 6 
 
 Total, . 
 
 3,818 
 
 82,659 5 9 
 
 1,973,498 5 1 
 
 35. Every order of the Commissioners operating as a conveyance 
 or mortgage of any property shall be deemed to be a conveyance 
 of mortgage within the meaning of the Acts relating to stamps, and 
 shall be chargeable with stamp duty accordingly. 
 
 See loth section of Act of 1872, post, page 46, as to stamp duty on tithe rent-charge 
 merging orders. 
 
 For stamp duties on conveyances and mortgages payable pursuant to 33 and 34 
 Vic. c. 97, seepost, page 199. 
 
 36. All purchase monies, rents, and other monies whatsoever 
 payable to the Commissioners under or by reason of any of the 
 provisions of this Act shall be paid into such bank, and be invested 
 in such manner, as may from time to time be determined by the 
 Commissioners of the Treasury. 
 
 37. The Commissioners appointed under this Act shall prepare 
 in such form, and either annually or for such shorter periods, as the 
 Treasury may direct, accounts of the receipts and expenditure of 
 the capital and of the revenues derived from all property, real and 
 personal, vested in the Commissioners, or of any other funds falling 
 under their control and management under the provisions of this 
 Act ; and within three months after the expiration of each year, 
 or other shorter period, to which the accounts relate, the Commis- 
 sioners shall transmit the same to the Comptroller and Auditor 
 General, to be audited, certified, and reported upon with reference 
 
32 & 33 Victoria, cap. 42. 27 
 
 to the provisions of this Act, and in conformity with the powers Section 38. 
 and regulations prescribed in the Exchequer and Audit Depart- 
 ments Act, 1866, for the rendering and auditing of appropriation 
 accounts ; and the accounts, with the reports of the Comptroller 
 and Auditor General thereon, shall be laid before both Houses of 
 Parliament not later than two months after the date on which 
 they shall have been rendered for audit, if Parliament be then 
 sitting, and if not sitting, then within a week after it shall be next 
 assembled : Provided always, that the expense of such audit Expenses of 
 shall be included in the incidental expenses hereinbefore mentioned audit 
 of carrying this Act into execution, and shall be defrayed 
 accordingly. 
 
 See Second Report of Public Accounts Committee of the House of Commons of 
 1875, which defines the respective positions of the Commissioners and the Comptroller 
 and Auditor General as regards accounts. The total cost of audit from 26th of July 
 1869, to 31st Maroh, 1875, was £7,824 18s. Sd. 
 
 R.EGIUM DONUM AND COLLEGE OF MAYNOOTH. 
 
 38. When the annual parliamentary grant for the expenses of comncn.™- 
 the nonconforming, seceding, and Protestant dissenting ministers tion t0 no "- 
 in Ireland, commonly called the Eegium Donum, and in this Act mdtetonh 1 * 
 referred to by that name, is discontinued, the Commissioners shall 
 as soon as may be after such discontinuance ascertain and declare 
 by order the amount of the yearly sum theretofore received thereout 
 by each minister of any Protestant nonconforming congregation in 
 Ireland, or which he would have been entitled to receive if such 
 grant had not been discontinued, and shall pay to each such minister, 
 so long as he lives and is continued in the ministry, by and with 
 the consent of the governing body of the church or religious 
 community to which he may belong, an annuity equal to the yearly 
 amount so ascertained as aforesaid. 
 
 The Commissioners shall also on such discontinuance as aforesaid Assistant 
 ascertain and declare by order the amount of any yearly sum to s ? 
 which any assistant successor to a minister in such congregation 
 may be prospectively entitled, and shall secure to such successor a 
 deferred life annuity of the same value and payable in the same 
 events as the yearly sum for which it is substituted. The Commis- 
 sioners shall also ascertain and declare by order what Protestant 
 nonconforming congregations were on the first day of March one 
 thousand eight hundred and sixty-nine fulfilling the conditions 
 necessary for eventually obtain i ng out of the Regium Donum the 
 payment of yearly sums for their respective 'ministers, and what 
 would have been in each case the amount of such yearly payment, 
 and the time at which the same wduld have begun to be payable, 
 and shall as from that time pay to the minister of each such con- 
 gregation a life annuity, subject to the same conditions as aforesaid, 
 equal to the amount of the yearly payment which he would have 
 become entitled to receive on the fulfilment of the necessary con- 
 ditions if the grant of the Eegium Donum had not been discon- 
 tinued : Provided always, that no minister placed in a congrega- 
 
 successors 
 
 ministi jn. 
 
28 
 
 THE IRISH CHUKCH ACT, 
 
 1869. 
 
 Commu- 
 tation of 
 annuities 
 of non- 
 conformist 
 ministers, 
 &o. 
 
 Section 39. tion, or becoming assistant successor, for the first time after the 
 passing of this Act shall be entitled to any annual sum by -way of 
 compensation (v). 
 (v) See decisions (post, page 132). 
 
 39. Any minister or assistant successor of any Protestant non- 
 conforming congregation, to or for whom any annuity is paid or 
 secured under this Act by reason of the discontinuance of the said 
 grant called the Regium Donum, may apply to the Commissioners 
 to commute his anmiity for a capital sum to be paid to him, and 
 the said Commissioners, if satisfied that the annuity of the applicant 
 is not incumbered, or if incumbered that the incumbrancers consent 
 to the commutation, shall cause the then present value of the 
 annuity to be estimated, and shall pay the amount of such estimated 
 value to trustees (w), such trustees to be appointed in the case of 
 any such minister or assistant successor as aforesaid by such minis- 
 •ter or assistant successor and the General Assembly or synod or 
 presbytery, as the case may be, of the church or religious com- 
 munity to which such minister or assistant successor may belong(a;). 
 
 (!») Up to 31st December, 1875, capital sums were paid (including 12 per cent, bonus 
 where payable) amounting to £G1S,S46 14s. 2d. to the several trustees appointed pur* 
 suant to this section. 
 
 (x) See Act 34 and 36 Vic. , c. 24, for regulating the management by the trustees of 
 capital sums paid under this section (post, page 64;. 
 
 40. On and after the first day of January one thousand eight 
 hundred and seventy-one, the Act of the Irish Parliament of the 
 fortieth year of the reign of His late Majesty King George the 
 Third, chapter eighty-five, except the fourth and fifth sections 
 thereof, the Act of the eighth and ninth years of the reign of Her 
 present Majesty, chapter twenty-five, except the first three sections 
 thereof, and the Act of the twenty-third and twenty-fourth years 
 of the reign of Her said present Majesty, chapter one hundred 
 and four, shall be and the same are hereby repealed, save in respect 
 of any pecuniary and individual interests at present, existing against 
 the trustees. 
 
 Compensa- When the annual sums hereinafter mentioned cease to be paid, 
 
 tionontne . r > 
 
 cessation of compensation shall be made m respect thereof by payment of 
 
 mS sums, capital sums as foUows, that is to say (y) : 
 
 (1.) In respect of the annual sum paid out of the said Eegium 
 Donum to the fund for supporting the widows and orphans 
 of ministers of the synod of Ulster, by payment of the 
 capital sum hereinafter mentioned to the Presbyterian 
 Widows Fund Association : 
 (2.) In respect of the several annual sums paid out of the Regium 
 Donum to the said association, and also to the trustees of 
 other widows funds of certain Protestant nonconforming 
 bodies respectively, such sums to be ascertained on an 
 average of such number of years as the Commissioners may 
 think fit, by payment of the capital sums hereinafter 
 mentioned to the said association and trustees of the said 
 widows funds respectively : 
 
 Repeal of 
 
 Ma> nooth 
 Acts. 
 
32 & 33 ricTonu, cap-. 42. 29 
 
 (3.) In respect of the several sums paid annually by ministers in s ' ction *°- 
 receipt of Regium Domini to the said widows funds respec- 
 tively out of their first year's income derived from the 
 Regium Donum on such average as aforesaid, by payment 
 of the capital sum hereinafter mentioned to the said 
 association and the said trustees respectively : 
 
 (4. ) In respect of the annual sum paid out of the Regium Donum 
 to or on account of the clerks of the synod, by payment 
 of the capital sum hereinafter mentioned to trustees to 
 be appointed in that behalf by the moderator of the 
 General Assembly or of the synod or presbytery for 
 whose benefit such annual payment was heretofore made 
 as aforesaid : 
 
 (5. ) In respect of the annual sums granted by Parliament for the 
 salaries of the theological professors, and for the incidental 
 expenses of the General Assembly's college at Belfast, by 
 payment of the capital sum hereinafter mentioned to 
 trustees, not exceeding seveu in number, consisting of the 
 existing trustees of the said college, and additional trustees 
 to be appointed in that behalf by the said General 
 Assembly of the Presbyterian Church in Ireland, or by 
 the majority of them : 
 
 (6.) In respect of the buildings of the said college, a sum not 
 exceeding fifteen thousand pounds to the said trustees as 
 last aforesaid : 
 
 (7.) In respect of the annual sums granted by Parliament for the 
 salaries of the theological professors of the non-subscribing 
 associations of Presbyterians, by payment of the capital 
 sum hereinafter mentioned to trustees to be appointed 
 in each case by the professors and presidents of such 
 associations : 
 
 (8.) In respect of the annual sum paid during the financial 
 year ending the thirty-first day of March one thousand 
 eight hundred and sixty-nine to the trustees of the College 
 of Maynooth in pursuance of the Act of Parliament in 
 that behalf, by payment of the capital sum hereinafter 
 mentioned to the trustees of the said college. 
 
 The capital sum to be paid by the Commissioners in respect of 
 each of the annual sums aforesaid shall be fourteen times the 
 amount of each such annual sum. And provided further, that in 
 
 (y) The following compensations have been paid by the Commissioners pursuant to 
 this section, viz. : — 
 
 To Widow and Orphan Fund, Synod of Plater, 
 
 „ Other Widows' Funds, 
 
 „ Ministers' payments to Widows' Funds, 
 
 „ Clerks of the Synod, 
 
 „ General Assembly's College at Belfast, 
 
 „ Non-subscribing Associations of Presbyterians, 
 
 „ College of Maynooth, 
 
 £ s. d. 
 
 5,124 
 
 19,965 18 3 
 
 18,900 8 2 
 
 2,131 19 4 
 
 39,775 19 2 
 
 4,200 
 
 872,331 6 
 
 Total, . . £462,419 6 « 
 
30 
 
 THE IRISH CHURCH ACT, 
 
 1869. 
 
 Section 41. 
 
 Remission 
 of debt to 
 trustees of 
 Maynooth. 
 
 Persons 
 ng^iioved 
 limy appeal. 
 
 case of the' retirement or removal from office of the present presi- 
 dent or vice-president, or of any of the existing masters or pro- 
 fessors, of Maynooth College, on account of age, permanent 
 infirmity, or any cause other than his own wilful default, such 
 president, vice-president, master, or professor, shall be entitled to 
 receive from the trustees by way of retiring allowance an annual 
 sum equal to two-thirds of his actual salary at the time of his 
 retirement or removal. 
 
 41. Any sums of money remaining due from the trustees of the 
 said College of Maynooth to the Commissioners of Public Works 
 in Ireland in respect of advances made by the said Commissioners 
 on the security of the sums payable to the said trustees under the 
 sixth section of the said A ct of the eighth and ninth years of the 
 reign of Her present Majesty, chapter twenty-five, shall be and the 
 same are hereby released. (z) 
 
 (z) The amount of debt remitted by this section, was at the date of the passing of 
 this Act £20,000. 
 
 Appeal. 
 
 42. Where any person is aggrieved by the value set by the 
 Commissioners on any life interest or other interest in respect of 
 which compensation is awarded to him under this Act, and where 
 any person feels aggrieved by the value set by the Commissioners 
 on any advowson or right of presentation in respect of which he is 
 awarded compensation under this Act, he may, if he think fit, 
 refer such question to arbitration. 
 
 [See section 65.] 
 
 Possession to 
 be given up 
 of 'i4 7 Upper 
 Merrion- 
 street. 
 
 Supplemental Provisions. 
 
 Compensation to certain Officers. 
 
 43. The possession of the house No. 24 Upper Merrion-street, 
 in the city of Dublin, now occupied as an office by the said 
 Ecclesiastical Commissioners, and all furniture and fittings therein, 
 and also all books, accounts, deeds, maps, documents, and papers, 
 whatsoever at the date of this Act belonging to the said Ecclesias- 
 tical Commissioners, or under their control, or the control of any 
 of their officers, shall immediately after the passing of this Act be 
 delivered up by the person or persons having charge of the same 
 respectively to the Commissioners. 
 
 44. There shall be paid to Arthur Edward Gayer and William 
 Charles Quin (two of the said Ecclesiastical Commissioners) the 
 annual sum of one thousand pounds each during their natural 
 
 ihoir'offioers. lives respectively, and to Robert Pranks (their secretary), to 
 George Lefroy (their treasurer), to the solicitor, and to the several 
 other officers and clerks of the said Ecclesiastical Commissioners 
 whose services may not be required by the Commissioners hereby 
 constituted, such annual sums respectively as the said last-men- 
 
 Compensa- 
 tion to Ec- 
 clesiastical 
 Commis- 
 sioners and 
 
32 & 33 Victoria, cap. 42. 31 
 
 tioned Commissioners, with the assent of the Lord Lieutenant, section u. 
 may recommend, and shall be approved of by the Commissioners of 
 the Treasury ; and if the services of such officers are required by 
 the Commissioners hereby constituted, such services shall, for all 
 purposes of superannuation, be deemed a continuance of their former 
 services. 
 
 See note to 45th section. 
 
 45. The Commissioners shall ascertain and by order declare the Compenm- 
 amount of the fees or other emoluments, received by each vicar- general and 
 general, official principal, commissary-general, or chancellor, or J^n^^Uf 
 registrar or joint registrar of any diocese or united dioceses or any equal tothoir 
 peculiar or exempt jurisdiction in Ireland, (a) or by the registrar come g for"th» 
 of any cathedral corpofation, or by the auditor appointed under thw years 
 the said Act "of the twenty -seventh and twenty-eighth years of the January, 
 reign of Her present Majesty, chapter fifty-four, on an average of ,869- 
 the three years ending the first day of January one thousand 
 eight hundred and sixty-nine, and of which they may be deprived 
 by this Act, and shall, as from the first day of January, one 
 thousand eight hundred and seventy-one, out of any funds for the 
 time being in the hands of the Commissioners under the provisions 
 of this Act, pay to each such vicar-general, official principal, com- 
 missary-general, chancellor, or registrar, and auditor respectively 
 during his life an annuity equal to the average amount of his fees 
 and other emoluments ascertained as aforesaid, and shall also pay 
 to each such officer the amount of any fees of which he shall show 
 to the satisfaction of the Commissioners that he has been actually 
 deprived during the interval between the passing of this Act and 
 the first day of January one thousand eight hundred and seventy-one 
 by virtue of the provisions of this Act : Provided always, that in any 
 case where a deputy registrar shall for five years before the passing 
 of this Act have discharged the duty of the office of registrar such 
 deputy registrar shall receive from the Commissioners such sum by 
 way of compensation for the loss of his office as the Commissioners 
 shall think right, and such sum shall be deducted from the amount 
 payable under this Act to the principal registrar ; provided further, 
 that it shall be lawful for such Commissioners to grant to all 
 managing and other clerks who have been continuously employed 
 in the office of the said provincial or diocesan registry for five 
 years or upwards immediately before the passing of this Act, and 
 who may sustain any loss of emolument by reason of the passing 
 of the same, such reasonable allowance as the said Commissioners 
 may deem just and proper. 
 
 Annuities under this and the preceding section can be commuted pursuant to 4th 
 section of Act of 1872, post, page 43. 
 
 (a) The Commissioners having decided that the foregoing section did not empower 
 them to award compensation to the officers of the Court of Faculties, the following 
 provision was made for the same in the Marriage Act of 1870 (33 and 34 Vic, 
 cap. 110, s. 30). 
 
 " Whereas it was intended by the forty-fifth section of the Irish Church Act, 1869, 
 " to provide compensation for all loss of emoluments connected with ecclesiastical 
 »' jurisdiction, whether arising from suits or from marriage licences, or fees for ad- 
 
32 
 
 frftf IRISH CSTTRCH ACT, 1869. 
 
 Section 46. 
 
 "mission of public notaries ; and whereas doubts have arisen as to whether the officers 
 "of the Court of Faculties of the Archbishop of Armagh are included in the said 
 " section ; be it therefore enacted that ' the Commissioners of Church Temporalities 
 " in Ireland ' shall be at liberty, if it appear to them just, to make compensation to 
 " the.officers ofthe said Court of Faculties, out, of the same funds and within the 
 ■' same lirhit as to amount, as are by said Act provided in respect of officers of the 
 "■diocesan courts." 
 
 The only claimant awarded compensation under this last mentioned Act was Mr. 
 Maurice Keatinge, the Registrar of the Court of Faculties at Armagh. 
 
 46. The Commissioners stall ascertain whether the chancellor 
 Kiicuiicn, and prebendaries of Christ Church, Dublin, or any other ecclesias- 
 swwMary, tical.person, are or are not entitled to any right of succession in 
 saint ' the benefices of Kilcullen, Kildare, Saint Mary, Saint Thomas, 
 ~ '* " and Saint George, Dublin, or any other benefice or benefices, and, 
 if entitled, shall award to them respectively such sunt in com- 
 pensation for the same as shall seem to them just. (b) 
 
 (J<) £23,715 5s. 3d. has been paid as compensation under this section to the several 
 persons declared entitled thereto. (See decisions, post, page 134.) 
 
 As to 
 benefices of 
 
 Saint 
 
 Georpe, 
 
 Dublin. 
 
 Delivery up 
 of books by 
 registrars. 
 
 Delivery up of Documents. 
 
 47. All and singular the records, books, accounts, deeds, maps, 
 documents, and papers -whatsoever which in anywise relate to or 
 concern any of the property or premises vested or to become vested 
 in the Commissioners vmder any of the provisions of this Act shall, 
 within three months next after the said first day of January one 
 thousand eight hundred and seventy-one, be delivered up to the 
 CoiniriissidnerSiy the respective registrars of the several provincial 
 zfifnd diocesan Or united diocesan or other registries in Ireland, or 
 other .the officers then having the custody or possession of the 
 same respectively, on getting receipts therefor from the said Com- 
 missioners : Provided always, that the said Commissioners shall 
 preserve the said books, accounts, deeds, maps, documents, and 
 papers, and shall permit reasonable access to the same, and shall 
 hand over to the said representative body such of the said books, 
 accounts, deeds, maps, documents, and papers, if any, as may 
 exclusively relate to property to which the said representative 
 body shall have become entitled, and certified copies of such of 
 them as may relate to the said property, jointly with other property, 
 and at the close of the commission shall lodge the residue thereof 
 in the Public Record Office of Ireland, (c) 
 
 (c) The Commissioners have arranged that the records, deeds, maps, or other 
 documents delivered up to them by the several provincial and diocesan registrars, 
 may be inspected by the public on a requisition being lodged in their office, on pay- 
 ment of the same fees as were hitherto charged in the several provincial and diocesan 
 registries, pursuant to the Rules and Orders approved by the Privy Council under 
 (" The Ecclesiastical Courts and Registries Act, 1864") 27 & 28 Vic. cap. 64. 
 
 [See Public Records (Ireland) Act, 1867, Amendment Act 1875, as to " Parochial 
 Records," post, page 80.] 
 
-32 & 33 victoria, cap. 42. 3'3 
 
 Dealings with Pbopertt. section a. 
 
 48. It shall not be lawful for the Commissioners to expend any CommU- 
 money whatever in or about the building, rebuilding, or enlarging ™ exjond* 
 of any cathedral or other church, or any chapel, see house, glebe ?°^if B in 
 house, or other building belonging to the said church or to any 
 person holding office therein or connected therewith, or in en- 
 larging or improving any churchyard or graveyard, nor to grant 
 
 or advance any money for the purposes aforesaid, or any of them, 
 except such sums as the Ecclesiastical Commissioners of Ireland 
 shall before the first of March last have engaged or agreed to 
 expend for such purposes, or such as in the opinion of the Com- 
 missioners they may since that date in due and ordinary course of 
 business have engaged or agreed to expend for such purposes, (d) 
 
 (d) Under this section there has been expended for Building and enlarging 
 Churches, the sum of £92,334 19s. 6d. 
 
 49. It shall not be lawful for the Commissioners, after the first commis- 
 day of January one thousand eight hundred and seventy-one, to fj ™"™^ 
 expend any money whatever upon any such buildings, churchyard, monies in 
 or graveyard as aforesaid, whether for repairs or otherwise, nor in re i lalr0, 
 payment of salaries of clerks or sextons of any parish, chapelry, or 
 chapel of ease who may be appointed after the passing of this Act, 
 
 or in providing any church or chapel with fuel, lighting, or things 
 necessary for the celebration of Divine service, nor to grant or 
 advance any money for the purposes aforesaid, or any of them, 
 except such sums as the Ecclesiastical Commissioners shall before 
 the first of March last have engaged or agreed to expend for such 
 purposes, or such as in the opinion of the Commissioners they may 
 since that date in due and ordinary course of business have engaged 
 or agreed .to expend for sueh purposes : Provided that in the mean- 
 time, and until the said first day of January one thousand eight 
 hundred and seventy-one, it shall be lawful for the Commissioners 
 to expend such sums of money as they may ascertain and by order 
 declare to be necessary for keeping any such buildings as aforesaid 
 in substantial repair and preservation, or for providing any church 
 or chapel with fuel, lighting, or other things requisite for the 
 decent performance of Divine worship as heretofore in such church 
 or chapel, (e) 
 
 £ s. d. 
 
 (e) Under this section there has been expended as under, viz. : — 
 
 For Repair of Churches, the sum of 70,212 10 6 
 
 For Church Requisites j Salaries of Clerks, Sextons,- Ac, 
 the sum of 64,989 4 5 
 
 Total, £135,201 14 11 
 
 50. Nothing herein contained shall affect the right of any Payment of 
 archbishop, bishop, or person holding any benefice or cathedral *w'"f 
 preferment in the said church, and whose annuity has not been repreienta- 
 commuted in pursuance of this Act, to receive the amount of any rotates 
 building charge to which such archbishop, bishop, or other person p ot «° m 
 
 d 
 
34 THE IRISH CHURCH ACT, 1869. 
 
 Section si would have been entitled if this Act had not passed ; and in the 
 event of the circumstances occurring under which such person or 
 his representatives would have been entitled, if this Act had not 
 passed to receive such charge, the Commissioners shall pay the 
 same to such person or his representatives. (/) 
 Mapida- ( yj The Commissioners have decided that no deduction can be made from pay- 
 
 tions. ments under this section in respect of dilapidations, except in those cases where a 
 
 claim for commutation (including value of glebe-house) shall have been made by an 
 ecclesiastical person, previous to his death, and acted on by them. 
 
 Regulations 51. Every annuity payable by the Commissioners under this 
 ol'coSte-* Act shall be deemed to "accrue due from day to day, and shall be 
 tion and p^ at gyg^ intervals not exceeding in any case six months, and 
 
 annuity. y -,,-* • • i J • 4. 
 
 in such manner, as the Commissioners may judge expedient. 
 
 The Commissioners may deduct from any annuity payable by 
 them any sums they may have been required to pay to any incum- 
 brancer in respect of any charge which would have been payable 
 out of the property for which such annuity is substituted if no 
 substitution had taken place, subject to the like provision thereout 
 for the discharge of the spiritual duties of the see or benefice as 
 the income thereof woidd have been liable to if this Act had not 
 been passed. 
 
 All commutation monies paid under this Act in lieu of annuities 
 shall be calculated at tLe rate of three pounds ten shillings per 
 centum per annum, 
 rower of 52. Where the Commissioners sell any land or interest in land 
 
 Commission- . , J r , 
 
 crs to accept m pursuance of this Act, the Commissioners may credit the pur- 
 
 Scurity g fo " chaser with such part of the purchase money, not exceeding three 
 
 portion of fourth parts, as they think proper, on having payment of the same, 
 
 money. with interest at the rate of four per centum per annum, secured to 
 
 the satisfaction of the Commissioners; and any such purchase money 
 
 may be made payable by half-yearly instalments, not exceeding 
 
 sixty-four in number. 
 
 See instructions and examples, post, page 195. 
 
 Power to 53. Where the Commissioners are authorized or required under 
 
 Salments. *his -^- c * *° P a 7 an y capital sum in respect of any commuted 
 annuity, they may, if they think fit, instead of paying such sum 
 at once, elect to pay the same by half-yearly instalments, not 
 exceeding eight in number, together with interest at the rate of 
 three and a half pounds per cent, on any part of the capital for the 
 time being remaining unpaid. 
 
 Where the representative body of the said church is liable to 
 pay any capital sum to the Commissioners, such capital sum may 
 be paid by twenty-two yearly instalments, with interest at the rate 
 of three and a half per cent, on the amount of the purchase money 
 remaining unpaid, to be secured in such manner as the Commis- 
 sioners think expedient. 
 sales of 54. If in any case in -which the Commissioners are by this Act 
 
 maybe & made authorized or directed to sell any property it appears to them to 
 in Landed be expedient that the sanie should be sold, or the sale thereof 
 
• 32 & 33 victoeia, cap. 42. 35 
 
 carried out, in the Landed Estates Court in Ireland, it shall be Section 55. 
 lawful for the Commissioners so to declare by order, and to direct Estates 
 that such sale shall be effected or carried out by the said court, Court - 
 and thereupon such sale shall be effected or carried out in and by 
 the said court accordingly ; but any right of pre-emption herein- 
 before declared shall be as far as possible preserved in the said 
 court ; and the conveyance of the premises so to be sold, or the sale 
 of which may be carried out, under any such order, shall be exe- 
 cuted by a judge of the said court, and shall have the same force 
 and operation in all respects as if the same were so executed in a 
 matter in which an absolute order for sale of the said premises had 
 been duly made by the said court on a petition filed therein for 
 that purpose. 
 
 [See section 34.] 
 
 55. The vesting of any property in the Commissioners under ^g°i»™ 
 this Act shall not preclude any person entitled from recovering any rent, tea. 
 arrears of rent, interest, or other sums payable at the time of such 
 vesting, out of or in respect of such property, and such arrears, 
 interest, or other sum may be recovered by such person in the 
 
 same manner in all respects as if such vesting had not taken place; 
 and where any person is deprived of any rent, interest, or other 
 sum payable out of or in respect of property by reason of such 
 property vesting in the Commissioners under this Act, the Com- 
 missioners, after deducting any rates or charges payable thereout, 
 shall pay to such person a proportionate part of such rents, interest, 
 and other sums in respect of the time that may have intervened 
 between the last day at which such person was entitled to receive 
 such rents, interest, or sums and the time of the vesting of the 
 property in the Commissioners, (g) 
 
 (g) See decision, in re Tomlinson v. Barnwell, post, page 147 j also in re Repre- 
 sentatives of Bishop Verschoyle,.pos£, page 131. 
 
 56. Where any person who (if not under disability) might have Provisions 
 made any application, given any consent, done any act, or been persona 
 party to any proceeding under this Act, is an infant, idiot, or ™<J« «*■ 
 lunatic, the guardian or committee of the estate respectively of 
 
 such person may make such applications, give such consents, do 
 such acts, and be party to such proceedings, as such person re- 
 spectively, if free from disability, might have made, given, done, 
 or been party to, and shall otherwise represent such person for the 
 purposes of this Act : where there is no guardian or committee of 
 the estate of any such person as aforesaid, being infant, idiot, or 
 lunatic, or where any person the committee of whose estates if he 
 were idiot or lunatic would be authorized,to act for and represent 
 such person under this part of this Act is of unsound mind or 
 incapable of managing his affairs, but has not been found idiot or 
 lunatic under an inquisition, it shall be lawful for the Court of 
 Chancery to appoint a guardian of such person for the purpose of 
 any proceedings under this Act, and from time to time to change 
 such guardian ; and where the court sees fit it may appoint a 
 
 d 2 
 
36 
 
 THE XEISH CHURCH ACT, 1869. 
 
 Provisions as 
 
 to incapaci- 
 tated owners. 
 
 Section 57. person to act as the next friend of a married woman for the pur- 
 — pose of any proceeding under this Act, and from time to time 
 remove or change such next friend. 
 
 57. If in any case any such advowson or building charge as is 
 mentioned in this Act is so circumstanced as that there is not^ in 
 the opinion of the Commissioners any person competent to give 
 an effectual discharge for the compensation or amount payable in 
 respect thereof, or 5 the person or any of the persons claiming to 
 be entitled thereto do not deduce his or their title to the satisfac- 
 tion of the Commissioners, or if any doubt or other difficulty what- 
 soever arise in relation to the premises, it shall be lawful for the 
 Commissioners so to declare by order, and thereupon the compen- 
 sation or amount so payable by the Commissioners shall be paid 
 into the Bank of Ireland, ex parte the Commissioners, to be dealt 
 with in the same manner in which purchase money payable to 
 parties under disability is paid into the Bank of Ireland and dealt 
 with in pursuance of the Land Clauses Consolidation Act, 1845; (h) 
 and in the construction of that Act this Act shall for the 
 purposes of this section be deemed to be the special Act. 
 
 (A) See clauses of this Act, referred to post, page 49. 
 
 58. Any surveyor or other person employed by the Com- 
 missioners for the purpose of ascertaining the value of any land 
 or buildings which, or the'reversion of which, may be vested in 
 the Commissioners under this Act, may enter upon such land or 
 buildings at all reasonable times during the day, upon making full 
 compensation for any-damage he may do for the purpose of making 
 a valuation of such land or buildings, or ascertaining the several 
 matters and things necessary to be ascertained by the Com- 
 missioners for the purpose of carrying this Act into effect. 
 
 Power to 
 officers of 
 Commis- 
 sioners to 
 enter Upon 
 land. 
 
 Commission- 
 ers to raise 
 money for 
 the purposes 
 of this Act. 
 
 Power to 
 Treasury to 
 advance 
 money to 
 Commis- 
 sioners. 
 
 Power of the Commissioners to Raise Money. 
 
 59. The Commissioners may, with the consent of the Com- 
 missioners of Her Majesty's Treasury, from time to time raise 
 such sums of money as they may think expedient for the purpose 
 of carrying into effect any of the provisions of this Act, and the 
 Commissioners may give as security for the repayment of any 
 monies so raised, and of interest thereon, the whole or any part of 
 the property vested in them by this Act. 
 
 60. The Commissioners for the Reduction of the National Debt, 
 if they think fit, with the approval of the Commissioners of Her 
 Majesty's Treasury, may from time to time out of any money in 
 their hands under the Act of the session of the twenty-sixth and 
 twenty-seventh years ..of Her Majesty (chapter eighty-seven), 
 "to consolidate and amend the laws relating to savings banks," or 
 under the Act of the session of the twenty-fourth and twenty-fifth 
 years of Her Majesty (chapter fourteen), " to grant additional 
 facilities for depositing small savings at interest with the security 
 of the Government for due repayment thereof," or under both 
 
. 32 & 33 Victoria, cap. 42. U7 
 
 those Acts, advance to the Commissioners, with such guarantee as StctimSi. 
 is by this Act authorized (but not otherwise), the whole or any 
 part or parts of the money which by this Act the Commissioners 
 are authorized to raise. 
 
 The total sum borrowed from the Commissioners for the redaction of the National 
 Debt, was £9,000,000 which is being repaid. The amount of debt in January, 1876, 
 being £8,400,000. 
 
 61. It shall be lawful for the Commissioners of Her Majesty's Power for 
 Treasury, if they think fit, from time to time, to guarantee the ^Smutee* 
 payment of the principal and interest of all or any part of any adTanco to 
 money for the time being raised by the Commissioners in pursuance sionore. 
 of this Act. 
 
 62. Any security given by the Commissioners in pursuance of Form of 
 this Act shall be in such form, and may contain such powers of J^nintoe. 
 sale or otherwise, as the Commissioners of Her Majesty's Treasury 
 
 may approve, and there shall be certified: thereon, in such form as 
 the said Commissioners of Her Majesty's Treasury may direct, 
 the guarantee to be given by the last-mentioned Commissioners in 
 pursuance of this Act. 
 
 63. For the purpose of giving effect to the guarantee aforesaid, Guarantee 
 it shall be lawful for the Commissioners of Her Majesty's Treasury, *° * ob Mod 
 
 • T-iiT i • » on Consoh- 
 
 from time to time, m aid of any money applicable under this Act dated Fuud. 
 for payment of principal and interest for the time being accrued 
 due in respect of any monies raised by the Commissioners in pur- 
 suance of this Act, to cause to be issued out of the Consolidated 
 Fund of the United "Kingdom, or the growing produce thereof, 
 such sums as may be necessary for payment of the same principal 
 and interest, or of any part thereof respectively. 
 
 64. Tn case any money is at any time issued out of the said Repayment 
 Consolidated Fund in pursuance of the guarantee aforesaid, the datedFuid. 
 Commissioners of Her Majesty's Treasury shall cause the same to 
 
 be repaid to the said Consolidated Fund out of the funds in the 
 hands of the Commissioners. 
 
 Arbitration. 
 
 65. Arbitrations under this Act shall be conducted in manner Rules as to 
 directed by "The Eailway Clauses Consolidation Act, 1845," and arbitrati " 11 - 
 for this purpose the clauses of the said Act (i) with respect to the 
 settlement of disputes by arbitration shall be incorporated herewith 
 subject to the qualification that, in cases where the Board of Trade 
 
 is thereby authorized to appoint an umpire, the Commissioners 
 of Public Works in Ireland shall have power to appoint the same, 
 (i) See clauses referred to, .post, page 52. 
 
 Temporary Provisions. 
 
 66. If any vacancy occur in any archbishopric, bishopric, benefice, Regulation 
 or cathedral preferment in or connected with the said Church "^tiea 
 between the date of the passing of this Act and the first day of 
 January one thousand eight hundred and seventy-one, the following 
 enactments shall be made with respect to such vacancy : 
 
38 THE JRTSH CHURCH ACT,.' 1869. 
 
 Section 66. (1.) AH property, real and personal, belonging or in anywise 
 — appertaining to or appropriated to the use of any such 
 
 vacant archbishopric, bishopric, benefice, or cathedral pre- 
 ferment, or belonging or in anywise appertaining to or 
 appropriated to the use of any person as holding any such 
 archbishopric, bishopric, benefice, or cathedral preferment, 
 shall vest in the Commissioners, subject to any quitrents, 
 head rents, leases, and other tenancies, charges, and 
 incumbrances affecting the same : 
 • (2.) Her Majesty may in the case of a vacant archbishopric, on 
 the requisition of any three bishops of the province, and 
 in the case of a bishop on the requisition of the arch- 
 bishop of the province in which such bishopric is situate, 
 or of any three bishops of the same province, fill up the 
 vacancy ; but no archbishop or bishop so appointed shall 
 be summoned to or be qualified to sit in the House of 
 Lords, and he shall be subject to the provisions herein-after 
 mentioned : 
 (3.) In the case of any vacant benefice or cathedral prefer- 
 ment, such vacancy may be filled up by the same person 
 or persons who would have been qualified to fill up the 
 same if this Act had not passed, but the person so 
 appointed shall be subject to the provisions herein-after 
 mentioned : 
 (4.) Every person appointed to fill any vacancy in pursuance 
 of this section shall be subject to all the provisions of 
 this Act, and he shall not be entitled to any compensation 
 in respect of' any annuity or other interest of which he 
 may be deprived by virtue of this Act ; and no person 
 appointed to fill any vacancy in pursuance of this section 
 shall be liable to pay any ad valorem duty or tax to the 
 Crown, or any ad valorem fe*es to the ecclesiastical regis- 
 tries, neither shall he be bound to pay any building charge 
 upon the preferment or benefice in which the vacancy 
 shall have occurred : 
 
 Provided always, that if the owner of any archbishopric, bishop- 
 ric, benefice, or cathedral preferments, or any curate, be appointed 
 to fill a vacancy in any other archbishopric, bishopric, benefice, or 
 other cathedral preferments, such person, notwithstanding such 
 appointment shall still have and retain all such life estate or 
 interest and all the rights and privileges to which he would have 
 been entitled if he had not accepted such appointment, and in the 
 meantime he shall pay over the net income of the archbishopric, 
 bishopric, benefice, or cathedral preferment held by him at the 
 time of such appointment to the representative body of the said 
 Church, who shall thereout make such provision for the discharge 
 of the spiritual duties in the said last-mentioned archbishopric, 
 bishopric, benefice, or cathedral preferment, or CTiracy, as, in the 
 case of an archbishopric or bishopric, shall be directed in writing 
 
32 & 33 Victoria, cap. 42. '39 
 
 "by the person or persons authorized thereto by the representative Section 67. 
 body of the said Church, or, in the case of a benefice or cathedral 
 preferment, by the bishop of the diocese for the time being, or, in 
 case of a curate whose salary is deducted under this Act, by the 
 incumbent from 'whose income such salary has been deducted : 
 
 (5.) The Commissioners may pay to any person appointed to fill 
 a vacancy in pursuance of this section, during such time 
 as he may occupy his office between the date of the 
 passing of this Act and the said first January one thou- 
 sand eight hundred and seventy-ope, a sum equal, as 
 nearly as the Commissioners can determine, to the net 
 annual income of the archbishopric, bishopric, benefice, or 
 cathedral preferment to which he is appointed, or a pro- 
 portionate part thereof, according as he holds his office 
 for the whole time or a portion only of such time. 
 
 67. In case of any commutation as herein-befbre provided it As to ei- 
 shall be lawful for the Commissioners, at the desire of the holder JjJJUJJJ"^ in 
 of any archbishopric, bishopric, benefice, or cathedral preferment, cases of com- 
 to exclude from such commutation any house or land reserved mutatum - 
 to such holder by this Act which shall be in his actual occupa-' 
 
 tion ; but in such case the building charges, if any, to which f*^ 1 .™* of 
 
 he shall be entitled shall not become payable under section twenty- charges." 
 
 four of this Act, but payable at the termination of his life interest 
 
 under section fifty. 
 
 {j) In the case of ecclesiastical persons who applied to commute their annuities 
 and life interests, the Commissioners refused to allow them to commute for the value 
 of glebe houses (for the purpose of obtaining payment of building charges thereon 
 under 24th section), unless they also commuted for the value of the glebe lands in 
 their own occupation. 
 
 Surplus. 
 
 68. And whereas it is further expedient that the proceeds of the ultimate 
 said property should be appropriated mainly to the relief of*™'°£ 
 unavoidable calamity and suffering, yet not so as to cancel or 
 impair the obligations now attached to property under the Acts for 
 
 the relief of the poor : Be it further enacted, that the said proceeds 
 shall be so applied accordingly in the manner Parliament shall 
 hereafter direct, (k) 
 
 (Jc) See preamble of Act. The report of the Commissioners presented to Parlia- 
 ment in 1875 estimates the amount of the probable surplus at £5,180,000. 
 
 Saving Clauses. 
 
 69. In all enactments, deeds, and other documents in which Provision as 
 mention is made of the United Church of England and Ireland the relating to 
 enactments and provisions relating thereto shall be read distribu- JJ nited 
 tively in respect of the Church of England and the Church of England and 
 Ireland, but, as to the last-mentioned Church, subject to the Irelan d- 
 .provisions of this Act. 
 
 70. Nothing in this Act contained shall affect the patronage or Saving 
 right of presentation to any proprietary or district parochial church proprietary 
 or endowed chapel of ease which has been endowed out of private cha P el8 mi 
 
40 
 
 THE IRISH CHUttCS ACT, 1869. 
 
 Stction 71 
 
 chapels of 
 ease. 
 
 Saving of 
 Act of 
 39&40G.III, 
 o. 67, &c 
 
 funds, or affect the property in any such church or chapel, or the 
 
 property held for the purposes of or appropriated to the use of 
 
 the same, or affect the continuance of the trust relating thereto as 
 
 originally constituted.(Z) 
 
 (Z) See decision as to private endowments, post, page 88. 
 
 [See 29th section, which grants £500,000 to the Representative Church Body for all 
 other endowments, which became vested in Commissioners. See also 18th section.] 
 
 71. Nothing herein contained shall affect the Act of the session 
 of the thirty-ninth and fortieth years of the reign of King George 
 the Third, chapter sixty-seven, and intituled "An Act for the Union 
 of Great Britain and Ireland," or an Act of the Irish Parliament 
 passed in the fortieth year of the reign of King George the Third, 
 and also intituled " An Act for the Union of Great Britain and 
 Ireland," or anything done thereby, except in so far as relates 
 to the union of the Churches of England and Ireland, and except as 
 expressly herein-before provided. 
 
 Interpreta- 
 tion of terms 
 
 11 Lord Lieu- 
 tenant :" 
 
 " Lease :" 
 
 " Ecclesias- 
 tical per- 
 son:" 
 
 '• Benefice :' 
 
 " Glebe 
 house :" 
 
 ** Cathedral 
 preferment ; 
 
 Construction of Act. 
 72. In the construction and for the purposes of this Act the 
 following words and expressions shall have the meanings hereby 
 assigned to them respectively, unless there be something in the 
 subject or context repugnant thereto ; (that is to say,) 
 
 " Lord Lieutenant" shall mean and include the lords justices or 
 
 other chief governors or governor of Ireland : 
 " Lease " shall include an agreement for a lease, or other contract 
 of tenancy, and the estate or interest created or agreed to 
 be created thereby : 
 " Ecclesiastical person" shall mean and include any archbishop 
 or bishop, or person holding any benefice or cathedral pre- 
 ferment as herein-after defined : 
 " Church" shall include a public chapel or chapel of ease, also a 
 
 cathedral or collegiate church : 
 " Benefice " shall mean and include every parish, rectory, vicar- 
 age, perpetual curacy, donative, chantry, endowed public 
 chapel, parochial chajtelry, and chapelry or district annexed, 
 or reputed to be annexed, to any church or chapel, and 
 whether the same be or be not within any exempt or pecu- 
 liar jurisdiction : 
 " Glebe house " shall mean a house of residence belonging to any 
 
 benefice as herein-before defined : 
 " Cathedral preferment" shall mean and include every deanery, 
 archdeaconry, prebend, canonry, chaplaincy, office of minor 
 canon, chantry, office of priest vicar, vicar choral or choir- 
 man, having any prebend or endowment belonging thereto, 
 or belonging to any body corporate consisting of persons 
 holding any such office, and also every precentorship, trea- 
 surership, sub-deanery, ' chancellorship of the church, and 
 other dignity and office in any cathedral or collegiate 
 church : 
 
35 <fc 36 vic*oria, cap* 13* 41 
 
 "Cathedral corporation" shall mean any dean and chapter or Seettm I. 
 chapter, and also any corporation of minor canons or vicars .. Ca 5^ ra i 
 and choirmen, or vicars choral, or any other subordinate corporation:' 
 corporation of or belonging to or connected with any cathe- 
 dral or collegiate church in Ireland : 
 " Curate " shall include residentiary preacher or reader : "Curate:" 
 
 " Property " shall include things in action and rights of action : " Propwty :•• 
 " Jurisdiction " shall mean legal and coercive power, and shall " Junjdic- 
 not extend to or include any power or authority which may 
 be exercised in a voluntary religious association upon the 
 footing of mutual contract or agreement. 
 
 tion ;" 
 
 II. — " The Irish Church Act Amendment Act (No. 1), 
 
 1872. 
 35 & 36 Victoria, Cap. 13. 
 
 An Act to amend The Irish Church Act, 1869, so far as respects 
 a Vacancy in the office of Commissioner of Church Temporalities 
 in Ireland. [27th June 1872.] 
 
 Whereas by The Irish Church Act, 1869, in this Act referred 32 & 33 Vict, 
 to as the principal Act, it is amongst other things enacted that the °' 
 following persons, that is to say, Viscount Monck, Right Honor- 
 able James Anthony Lawson, one of the justices of the Court of 
 CommonPleas in Ireland, and George Alexander Hamilton, Esquire, 
 shall be constituted Commissioners imder the said Act, and shall 
 be a body corporate and be styled the Commissioners of Church 
 Temporalities in Ireland, and it is by the said Act further pro- 
 vided that any power or act by such Act vested in or authorized 
 to be done by the said Commissioners may be exercised or done by 
 any one of them, with the qualification that any person aggrieved 
 by any order of one Commissioner may require his case to be heard 
 by the three Commissioners : 
 
 And whereas George Alexander Hamilton, Esquire, one of the 
 Commissioners appointed by the said Act, died on the Seventeenth 
 day of September one thousand eight hundred and seventy-one : 
 
 And whereas it is expedient that the vacancy so created in the 
 office of Commissioner of Church Temporalities in Ireland should 
 not be filled up, and that provisions such as are in this Act con- 
 tained should be made for the execution of the said Act by two 
 Commissioners : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, 
 by and with the advice and consent of the Lords Spiritual and 
 Temporal, and Commons, in this present Parliament assembled, 
 and by the authority of the same, as follows : 
 
 1. No person shall be appointed to fill the vacancy occasioned Vaoanoyin 
 by the death of the said George Alexander Hamilton, and subject J*?d Jj m . 
 as herein-after mentioned as to a re-hearing, and without prejudice mi»ion« 
 
"42 THE .HUSH CHURCH ACT, 1872. 
 
 Section 8. to any matter or thing which has boon done previously to the 
 nottobo passing of this Act, the principal Act shall be construed as if two 
 filled up. persons only, that is to say, the said Viscount Monck and the 
 said James Anthony Lawson, had been constituted Commissioners 
 of Church Temporalities in Ireland. 
 Appeals to ' 2. So much of section four of The Irish Church Act, 1869, as 
 two h c™- by enacts that any person aggrieved by any order of one Commis- 
 miiiioners sioner may require his case to be heard by the three Commissioners 
 aju ge. j s kgj.gjjy repeal^ anc i i^ ]i eu thereof be it enacted that any per- 
 son aggrieved by any order of one Commissioner may require his 
 case to be heard by a tribunal consisting of both the Commissioners 
 for the time being of Church Temporalities in Ireland and any 
 member of Her Majesty's Most Honorable Privy Council in 
 Ireland holding or having held any judicial office, who may from 
 time to time be appointed by either general or special order under 
 the hand of the Lord Lieutenant or other Chief Governor or 
 Governors of Ireland for the time being ; and the tribunal consti- 
 tuted in pursuance of this section shall have the same powers as 
 the three Commissioners would have had under the principal Act. 
 
 Appointment The on ty appointment made under this section was that of The Right Honorable 
 of Master of Edward Sullivan, Master of the Kolls, who was appointed a member of the tribunal 
 Rolls. hereby constituted on the 28th day of October, 1872, by the "Warrant of (see Warrant, 
 
 post, page 168), His Excellency Earl Spencer, the then Lord Lieutenant of Ireland. 
 
 ConstSon 3 - This Adt mB J be cited for a11 purposes as The Irish Church 
 of Act. Amendment Act, 1872; and the principal Act, as amended by 
 
 this Act, and this Act shall be construed as one Act. 
 
 III.—" The Irish Church Act, 1869, Amendment Act 
 (No. 2), 1872." 
 35 & 36 Victoria, Cap. 90. 
 An Act to amend " The Irish Church Act, 1869." 
 
 [10th August, 1872.] 
 
 Whereas it is expedient to amend the Irish Church Act, 1869 : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, 
 
 by and with the advice and consent of the Lords Spiritual and 
 
 Temporal, and Commons, in this present Parliament assembled, 
 
 and by the authority of the same, as follows : 
 
 Short title. 1- This Act may be cited as "The Irish Church Act, 1869, 
 
 Amendment Act, 1872." 
 interpreta- 2. In this Act words and expressions to which by the Irish 
 '""'• Church Act, 1869, meanings have been assigned shall have the 
 
 same meanings respectively. 
 
 The term " principal Act " shall mean the Irish Church Act, 
 
 1869. 
 Extension of 3. The provisions of section sixteen of the principal Act, 
 otMsh 16 authorising the Commissioners, with the consent of the Church 
 
35 k 36 Victoria, cap. 90. 43 
 
 body, to cause the value of the life annuity of any clerk, sexton, Section 4. 
 or officer of the said Church to be estimated and paid to such churdTLt, 
 annuitant, or to such annuitant and the Church body in such '869, to the 
 proportions as they shall agree, shall be deemed to extend and shall Senate™ 
 extend and authorise the Commissioners, with the consent of the P?y able ta 
 said Church body, to cause the present value of the annuity pay- school-* 11 
 able to each schoolmaster of any diocesan or district school in mastcra - 
 Ireland, as ascertained and declared by order of the Commissioners 
 under the provisions of the said section, to be estimated, and to 
 pay the same to such schoolmaster or to such schoolmaster and 
 Church body in such proportions as they shall agree. 
 
 The provisions of the said section of the principal Act shall be 
 construed as if the first day of January one thousand eight hundred 
 and seventy-four were substituted for the first day of January one 
 thousand eight hundred and seventy-two in the said section. 
 
 4. The Commissioners may estimate the value of any annuity Power to 
 declared by order pursuant to the provisions of the forty-fourth anniuies 
 and forty-fifth sections of the principal Act, and may pay such >^ e bl ° eol 
 estimated value to the person entitled to such annuity in satisfac- u and 45 
 tion of the same, if such person shall be willing to accept it and ch^ilh Act 
 they shall consider it expedient so to do. 1869. 
 
 For table for commutation of life interests, see post^ page 164. 
 
 5. Whenever a glebe house shall be purchased by the represen- Payment of 
 tative body of the said Church, any moneys which shall have been moneys re- 
 
 *" . * * ceived for 
 
 received in respect of dilapidations of such house from the incum- dilapidations 
 bent by the Commissioners shall be paid over to such body for the bofy Si° h 
 repair of the same. certain cases. 
 
 See 24th section of principal Act, ante, page 15. 
 
 6. Whereas a statement under the seal of the Commissioners of Amount of 
 the amounts of the annual tithe rentcharges, which accrued due in *westo 
 respect of each benefice, dignity, or ecclesiastical corporation in °° fixed - 
 Ireland on the first day of November one thousand eight hundred 
 
 and seventy-one, and of the owners chargeable therewith, has been 
 deposited in the Record Department of the said Commissioners, 
 and it is expedient that the half-yearly payments of tithe rent- 
 charge to be made from time to time by such owners should be 
 definitely fixed and ascertained : Be it therefore enacted that, — 
 
 (1.) The said statement (except as herein-after provided) shall 
 be deemed to be and shall be conclusive evidence of the 
 amount of tithe rentcharge chargeable upon the lands (in 
 respect of each such benefice, dignity, or ecclesiastical cor- 
 poration) in respect of which the owners set forth in such 
 statement have paid the same, and the amounts therein 
 set forth shall from time to time be paid and payable, and 
 such statement shall, in relation to such amounts as 
 aforesaid, be binding upon the persons liable to the pay- 
 ment of the same; provided always, that it shall be 
 lawful for any owner whose name is set forth in such 
 
44 
 
 TJli lftY§fi "CHURCH ACT, ? 18?2. 
 
 Section 6. statement as liable to rentcharge. or for the legal repre- 
 
 — sentative of such owner, to lodge with the Commissioners 
 
 an objection in writing to the liability so set forth, and 
 the Commissioners shall have full power to make an order 
 amending such statement as shall to them seem fit, having 
 regard to the facts in each case without reference to any 
 defects or technical difficulties in the original applotments 
 of tithe composition. 
 
 Previous to the passing of this Act, all proceedings for the recovery of arrears of 
 tithe rent-charge were taken under the statute 1 <fc 2 Victoria, c. 109,* entitled " An 
 Act to abolish Compositions for Tithes in Ireland^ and to substitute Rent-charges in 
 lieu thereof," which received the Royal assent on the 15th August, 1838. 
 Recovery of The annual rent-charges created by this statute were equal in amount to three- 
 tithe rent- fourths of the tithe composition at that time in existence, and were made payable by 
 charge two equal instalments, on the 1st day of May and the 1st day of November in each 
 
 by legal_ year, by the party having the first estate of inheritance, or other estate defined by 
 proceedings. tne ^ c ^ ^ equivalent to a perpetual estate or interest in the lands, and derived from 
 which there shall be no other like estate or interest. This estate of inheritance may 
 be an estate in tail, or an estate in fee. The equivalent perpetual estate or interest 
 may -be either an interest derived under a lease with covenant for perpetual renewal, 
 or a term of years, of which at least a hundred were unexpired in 1838 ; or an estate 
 held directly under any ecclesiastical person or corporation, popularly known as a 
 "bishop's lease." (See 33rd section of Irish Church Act, 1869, ante, page 24, which 
 provides for the purchase of these leases). In most of these instances the persons 
 having an existing limited interest, as for life, &c, in the " perpetual estate," repre- 
 sented the inheritance during the continuance of their interest, and were liable to the 
 payment of the rent-charge. 
 
 It is enacted by the 27th section of the statute above' cited, "That the said rent- 
 charges shall have priority over all other charges, liens, mortgages, and incumbrances 
 whatsoever affecting the lands chargeable therewith, and shall and may be recovered 
 by the ways and means hereinafter mentioned (that is to say), by Bill in Equity, 
 Action of Debt, or on the case, or if not exceeding Twentyt Pounds by Civil Bill in 
 the Court of the Assistant Barrister, or Chairman of the Sessions of the County 
 wherein the lands charged therewith may be situate, or by distress, subject to the 
 provisions herein-after contained." 
 
 Tithe rent-charge limited in amount to an arrear of six yearst has been in all cases 
 recoverable from the person liable under the foregoing enactment. 
 
 (2.) The Commissioners shall lodge in the said Record- Depart- 
 ment, on or before the thirty-first day of March in each 
 year, a further statement of any tithe rentcharge which 
 may have become payable to them in the preceding year 
 ending the thirty-first December under section thirty- 
 three of the principal Act, or otherwise, and the provi- 
 sions of this section shall apply to such statements and 
 tithe rentcharge. 
 
 (3.) It shall not be lawful for the Commissioners nor for the 
 persons liable to tithe rentcharge to take any proceedings 
 under section thirty-two of the Act of the session of the 
 first and second years of Her present Majesty chapter one 
 hundred and nine, to vary the rentcha^ge's with reference 
 to the average price of corn, and the said section is, and 
 all other 'provisions for such variation are hereby repealed 
 so far as relates to all tithe rentcharge vested in the 
 Commissioners : Provided, however, that in any case 
 
 * The anterior statutes affeoting tithes were 4 Geo. IV., c. 99, 2 & 3 Will IV ,. 
 119 i and 3 & 4 Will. IV., c. 100. ' 
 
 t Increased to Forty Pounds by provisions of Civil Bill Act..' 
 % Ecolesiastioal Commissioners v. Lord Sligo, 8 I. C. R.,'46 *>2 & 3 Vic, o. 27, s. 42, 
 
35 & 36 victoria, cap. 90. 45' 
 
 where proceedings shall for such purpose have been com- section 7. 
 menced before the passing of this Act, the same shall not . 
 be affected by this provision, and may be continued, and 
 such order as may be made thereon shall be valid in all 
 respects as if this Act had not been passed. 
 (4.) It shall and may be lawful for any owner or his legal repre- 
 sentatives, at anytime after the passing of this Act, upon 
 a division of the lands held by him or them, either by 
 sale or otherwise (except by lease or demise at rack rent), 
 to make an application in writing to the Commissioners 
 signifying the desire of such applicant that the tithe rent- 
 charges, payable half-yearly and chargeable on such lands 
 by said statement, or the annual rentcharges substituted 
 for them under section thirty-two of the principal Act, or 
 section seven of this Act, then charged or chargeable on 
 such lands by the merging order issued by the Commis- 
 sioners, pursuant to the said section, shall be divided and 
 apportioned upon parts of such lands, or shall be charged 
 upon certain of such lands exempting the residue from 
 any liability in respect of the said rentcharge, and there- 
 upon in each and every siich case the said Commissioners 
 shall and they are hereby authorized and required, by 
 order, to divide or apportion the whole or any part of the 
 said tithe rentcharges, or rentcharges in lieu thereof, as 
 aforesaid, in such manner and' proportions as by such ap- 
 plication may be required, regard Jseing had to the secu- 
 rity of the several parts or proportions of such rentcharges, 
 and after such apportionment the tithe or other rentcharges 
 so apportioned shall be charged and payable in such parts 
 and proportions, and chargeable only upon such propor- 
 tions of the said lands as shall be so declared by the 
 Commissioners' order to be liable to the payment thereof 
 respectively, and said original merging order and all ap- 
 portionment orders under seal of the Commissioners, shall 
 be deemed and shall be conclusive evidence of the liability 
 to the' said rentcharge of the land set forth in said orders 
 respectively. 
 
 7. The Commissioners may at any time after the passing of this Sale of titho 
 Act sell any rentcharge in lieu of tithes vested in them under the tTownersof 
 principal Act to the owner of the land charged therewith, in con- }™ a <*"g»* 
 sideration of a sum equal to twenty-two and a half times the 
 amount of such rentcharge, less such sum in the pound as such 
 owner shall be ascertained by the Commissioners to have been on 
 an average of five years preceding the passing of the said Act 
 entitled to deduct for poor rates from the tithe rentcharge payable 
 by him ; and upon any such sale being so made, the Commissioners 
 shall by order declare the rentcharge to be merged in the land out 
 of which it issued, and the same shall merge and be extinguished 
 accordingly. 
 
46 THE IEISH CHURCH ACT, 1872. 
 
 Sittitm 8. Upon the application of any owner so purchasing, the Commis- 
 sioners may by order declare his purchase money to be payable by 
 instalments, and the land out of -which such rentcharge issued to 
 be accordingly charged as from a day to be mentioned in such order 
 for fifty two years thence next ensuing with an annual sum calcu- 
 lated at the rate of four pounds nine shillings per centum on the 
 purchase money, or for such less number of years as may be agreed 
 upon at an equivalent annual sum, so as to discharge the principal 
 and interest in such less number of years. The annual sum 
 charged by such order shall have priority over all charges and in- 
 cumbrances, except quit or crown rents, and shall be payable by 
 the same persons, and be recoverable in the same manner, and be 
 subject to the same charges, if any, as the rentcharge in lieu of 
 tithes heretofore payable out of the same lands. 
 
 " Owner " for the purposes of this and the next preceding section 
 shall mean the person for the time being liable to pay rentcharge 
 in lieu of tithes under the provisions of the Act of the first and 
 second years of the reign of Her present Majesty, chapter one 
 hundred and nine. 
 
 The provisions of this section shall be deemed to be and shall 
 be in substitution of the provisions of section thirty-two of the 
 principal Act, and, where the Commissioners have, under the pro- 
 visions of the said section thirty-two, made any sale to any owner, 
 they may make such allowance to such owner or to his legal repre- 
 sentatives as will place such owner or such representative in a 
 position similar to that in which he would have been placed had 
 the provisions of this section been in force at the time of such sale 
 and such sale had been made thereunder. 
 See note to section 32 of Principal Act, ante, page 23. 
 Pnrohase of 8. The Commissioners may, when purchasing the surrender or 
 "ss7™m e ent r ass ig mnelr '' 01 all y subsisting lease of rentcharge in lieu of tithes 
 of subsisting made by an ecclesiastical person or corporation, where such lease 
 ientoharge' 116 ' llas ' previous to the passing of the principal Act, been renewable 
 by custom, treat the same as a renewable lease for the purpose of 
 estimating the value and fixing the purchase money thereof. 
 
 See section 33 of Principal Act, ante, page 24. 
 
 Value of 9- Where any person, being a tenant of rentcharge in lieu of 
 
 chTge f to e b6~ titiies bv virtue of a lease heretofore customarily renewable, made 
 Bottled by by an ecclesiastical person or corporation, feels aggrieved by the 
 ifoertam n value set ^>J tne Commissioners on such lease, or on his interest 
 cases. therein, he may, if he think fit, refer such question to arbitration 
 
 in manner 'prescribed by the principal Act. 
 Duty on sale 10. The amount of duty payable upon any order made by the 
 ohalge'to'be" Commissioners upon the sale of tithe rentcharge shall be paid by 
 paid by com- the Commissioners out of any funds at their disposal. 
 
 missioners. 
 
 See 35tn section of Principal Act, ante, page 26. 
 
 Deduction in H> Where the repayment of any principal sum, together with 
 respect ot interest thereon, is payable to the Commissioners by annual instai- 
 
.35 & 36 victokia, cap. 90. 47 
 
 merits, it shall be lawful for the Commissioners to make an allow- Section 12. 
 ance in respect of income tax on such, part of such instalments as inOT ^77 al 
 are payable in respect of interest according to the scale in the in certain 
 schedule to this Act annexed. 
 
 12. The immediate or inferior tenants of lands, tenements, and Power to 
 hereditaments held under leases from ecclesiastical corporations underUnma 
 aggregate in Ireland, dissolved by the principal Act, where such from wcio- 
 leases were renewable by custom, may make application for the pur- portions 
 chase of the fee simple and inheritance of such lands, tenements, and w c 8" t0 '» 
 hereditaments, and shall be entitled to the conveyances of the same perpetuities, 
 upon the like terms, in like manner, with the like rights, and subject 
 
 to the like conditions and liabilities in every respect as if such 
 immediate or inferior tenants held the said lands, tenements, and 
 hereditaments under leases from sole ecclesiastical corporations in 
 Ireland, and were therefore entitled to make such applications under 
 the Act of the session of the third and fourth years of King "William 
 the Fourth, chapter thirty-seven, and the Acts amending the same, 
 but subject to the limitations in that behalf contained in section 
 thirty-one of the principal Act. 
 
 See 31st section, ante,p&ge 22. The following are the particular classes of holdings 
 mentioned in 3 & 4 Wm. IV., c. 37, s. 128, viz.: — "Tenants or lessees holding under 
 or by virtue of any lease or contract for term of twenty-one years, or for term of 
 twenty-one years or three lives, or for three lives, or for term of forty years. " 
 
 1 3. The provisions of section fifty-two of the principal Act Extension of 
 authorizing the Commissioners to accept security for a portion of provision of 
 the purchase money at the rate of four per centum per annum of Irish 
 shall be deemed to have been made applicable, and to apply, as to j^ 6 9 ro ^f 0t ' 
 the rate of interest, to cases of security contemplated by the security for 
 hundred and fifty-fifth section of the Act passed in the session of Sowy"" 
 Parliament held in the third and fourth years of King William 
 
 the Fourth, chapter thirty-seven. 
 
 14. Whereas Alfred J. Phipps, now accountant in the office of Commis- 
 the Commissioners of Church Temporalities in Ireland, served awarTs^eV 
 for a period of thirty years previous to his appointment to the said animation 
 office in an established capacity in the permanent civil service of oompensa-™ 
 the State in the office of Her Majesty's Commissioners of Woods, tiou t0 
 Forests, and Land Revenues, and it is expedient that provision Accountant 
 should be made for the grant of superannuation allowance to the ^jSj!*' 11 
 said Alfred J. Phipps in case he shall retire from his said office or 
 become incapable, from infirmity of mind or body, to discharge 
 
 the duties of the same, and for the grant of compensation in case 
 his said office shall be abolished : Be it therefore enacted, that in 
 case the said Alfred J. Phipps shall retire from his said office or 
 become incapable, from infirmity of mind or body, to discharge the 
 duties of the same, or in case the said office shall be abolished or 
 shall cease to exist, it shall be lawful for the Commissioners of 
 Church Temporalities in Ireland, with the consent of the Commis- 
 sioners of Her Majesty's Treasury, to grant to the said Alfred 
 J. Phipps such superannuation allowance or compensation as they 
 shall think fit ; and such superannuation allowance or compensation 
 
48' THE IRISH CHURCH ACT, 1872. 
 
 lutim 14. shall be estimated and awarded on the same terms and subject to 
 the same conditions as are provided in the case of persons serving 
 in an established capacity in the permanent civil service of the 
 State by " The Superannuation Act, 1859 :" Provided always, that 
 in estimating the number of years during which the said Alfred 
 J. Phipps shall have served, the said Commissioners shall take 
 into account the number of years during which he shall have 
 served in the office of Her Majesty's Commissioners of "Woods, 
 Forests, and Land Revenues and in the office of the Commissioners 
 of Church Temporalities in Ireland. Such portion of the said 
 superannuation or compensation allowance as the Commissioners of 
 Her Majesty's Treasury shall, in writing under the hand of one of 
 their secretaries, certify to be the amount of superannuation- 
 allowance which might have been awarded to the said Alfred 
 J. Phipps under the said Act had he been compelled to retire from 
 the public service from age or ill-health at the time of his transfer 
 to the service of the Commissioners of Church Temporalities in 
 Ireland, shall be paid out of moneys provided for that purpose by 
 Parliament, and the remainder of such superannuation or compen- 
 sation allowance (if any) shall be paid out of the revenues of the 
 Commissioners of Church Temporalities in Ireland, and be dealt 
 with in the same manner as other compensation and superannuation 
 allowances under the principal Act. 
 [See section 44 of the principal Act.] 
 
 SCHEDULE. 
 
 Fixed Annual Instalments for Puiichase of Kentcharges in lieu of Tithes. 
 
 {Ten ^ ("Three ") twentieth parts of the 
 
 Twenty J ] Five | legal rate of Income 
 
 Thirty > in number -j Seven i- Tax shall he allowed 
 
 Forty ] Nine | by deduction from the 
 
 Fifty-two J l^Ten J fixed annual instalment. 
 
 Fixed Half-yearly Instalments under the 52nd Section of the Irish 
 Ghdrch Act, 1869. 
 
 When the fixed 
 half-yearly in- 
 stalments shall 
 be 
 
 ("Ten 
 Twenty 
 Thirty 
 Forty 
 Fifty 
 Sixty-four J 
 
 in number 
 
 'Two ^ 
 
 Three I twentietu parts of the 
 
 Five I legal rate of J™ 50 " 16 
 
 Six I Tax sllau k e a U°' wea ' by 
 
 Seven I deduction from the fixed 
 
 Eight J half-yearly instalments, 
 
[ 49 ] 
 
 Part II. 
 
 Miscellaneous Acts, which are either incorporated or 
 connected with The Irish Church Acts. 
 
 I. "The Lands Clauses Consolidation Act, 1845," . . .49 
 
 II. " The Railviay Clauses Consolidation Act, 1845," 
 
 III. "The Irish Presbyterian Church Act, 1871," 
 
 IV. "The Glebe Loan (Ireland) Acts, 1870 to 1875," . 
 V. "The Glebe Lands (Ireland) Acts, 1855 and 1875," 
 
 VI. "The Parochial Records (Ireland) Act, 1875," 
 
 52 
 54 
 63 
 
 71 
 80 
 
 I. — " The Lands Glauses Consolidation Act, 1845." 
 8 & 9 Victoria, Cap. 18. 
 
 An Act for consolidating in one Act certain provisions usually 
 inserted in Acts authorizing the taking of lands for undertakings 
 of a public nature. 
 
 [8th May 1845.] 
 
 [Sections incorporated with "The Irish Church Act, 1869."*] 
 And with respect to the purchase money or compensation coming to 
 parties having limited interests, or prevented from treating, or not making 
 title, be it enacted as follows : 
 
 69. If the purchase money or compensation which shall be payable in Purchase 
 respect of any lands or any interest therein, purchased or taken by the pro- "J?™ 7 pay " 
 moters of the undertaking from any corporation, tenant for life or in tail, tie/under 1 " 
 married woman seised in her own right or entitled to dower, guardian, disability 
 committee of lunatic or idiot, trustee, executor or administrator, or to^soo'to 
 person having a partial or qualified interest only in such lands, and not be deposited 
 entitled to sell or convey the same except under the provisions of this or ln tlw banl1, 
 the special Act, or the compensation to be paid for any permanent damage 
 to any such lands, amount to or exceed the sum of two hundred pounds, 
 the same shall be paid into the bank, in the name and with the privity 
 of the Accountant- General of the Court of Chancery in England if the 
 same relate to lands in England or "Wales, or the Accountant- General of 
 the Court of Exchequer in Irelandf if the same relate to lands in Ireland, 
 to be placed to the account there of such Accountant- General, ex parte 
 the promoters of the undertaking (describing them by their proper name), 
 in the matter of the special Act (citing it), pursuant to the method pre- 
 scribed by any Act for the time being in force for regulating moneys paid 
 into the said courts ; and such moneys shall remain so deposited until the 
 same be applied to some one or more of the following purposes ; (that is 
 to say,) 
 
 In the purchase or redemption of the land tax, or the discharge of any Application 
 
 debt or incumbrance affecting the land in respect of which such of monoys 
 
 money shall have been paid, or affecting other lands settled there- de i >oslted - 
 
 with to the same or the like uses, trusts, or purposes ; or 
 In the purchase of other lands to be conveyed, limited, and settled 
 
 upon the like uses, trusts, and purposes, and in the same manner, as ' 
 
 the lands in respect of which such money shall have been paid stood 
 
 settled; or 
 
 * See Section 57, ante, page 36, and 14 and 15 Vic, c. 70, 8. 23. 
 t The Equity jurisdiction of the Court of Exchequer in Ireland was transferred to 
 the Court of Chancery in Ireland, by the Act 13 and 14 Vic, c, 51. 
 
 E 
 
50 
 
 THE LANDS CLAUSES CONSOLIDATION ACT, 1845. 
 
 Order for 
 application 
 and invest- 
 ment mean- 
 while. 
 
 Sums from 
 £20 to £200 
 to be de- 
 posited or 
 paid to 
 trustees. 
 
 Sums not 
 exceeding 
 £20 to be 
 paid to 
 parties. 
 
 All sums 
 payable 
 under con- 
 tract with 
 persons not 
 absolutely 
 entitled to 
 be paid into 
 bank; 
 
 If such money shall be paid in respect of any buildings taken under 
 the authority of this or the special Act, or injured by the proximity 
 of the works, in removing or replacing such buildings or substituting 
 others in their stead, in such manner as the Court of Chancery shall 
 direct ; or 
 
 In payment to any party becoming absolutely entitled to such money. 
 
 70. Such money may be so applied as aforesaid upon an order of the 
 Court of Chancery in England or the Court of Exchequer in Ireland, 
 made on the petition of the party who would have been entitled to the 
 rents and profits of the lands in respect of which such money shall have 
 been deposited ; and until the money can be so applied it may, upon the 
 like order, be invested by the said Accountant- General in the purchase 
 of three per centum consolidated or three per centum reduced bank 
 annuities, or in Government or real securities, and the interest, dividends, 
 and annual proceeds thereof paid to the party who would for the time 
 being have been entitled to the rents and profits of the lands. 
 
 71. If such purchase money or compensation shall not amount to the 
 sum of two hundred pounds, and shall exceed the sum of twenty pounds, 
 the same shall either be paid into the bank, and applied in the manner 
 hereinbefore directed with respect to sums amounting to or exceeding 
 two hundred pounds, or the same may lawfully be paid to two trustees, 
 to be nominated by the parties entitled to the- rents or profits of the 
 lands in respect whereof the same shall be payable, such nomination to- 
 be signified by writing under the hands of the party so entitled ; and in 
 case of the coverture, infancy, lunacy, or other incapacity of the parties 
 entitled to such moneys, such nomination may lawfully be made by'their 
 respective husbands, guardians, committees, or trustees ; but such last- 
 mentioned application of the moneys shall not be made unless the pro- 
 moters of the undertaking approve thereof and of the trustees named 
 for the purpose ; and the money so paid to such trustees, and the produce 
 arising therefrom, shall be by such trustees applied in the manner herein- 
 before directed with respect to money paid into the bank, but it shall 
 not be necessary to obtain any order of the court for that purpose. 
 
 72. If such money shall not exceed the sum of twenty pounds, the 
 same shall be paid to the parties entitled to the rents and profits of the 
 lands in respect whereof the same shall be payable, for their own use 
 and benefit, or in case of the coverture, infancy, idiotcy , lunacy, or other 
 incapacity, of any such parties, then such money shall be paid, for their 
 use, to the respective husbands, guardians, committees, or trustees of 
 such persons. 
 
 73. All sums of money exceeding twenty pounds, which may be payable 
 by the promoters of the undertaking in respect of the taking, using or 
 interfering with any lands under a contract or agreement with any person 
 who shall not be entitled to dispose of such lands, or of the interest 
 therein contracted to be sold by him absolutely for his own benefit shall 
 be paid into the bank or to trustees in manner aforesaid ; and it shall 
 not be lawful for any contracting party not entitled as aforesaid to retain 
 to his own use any portion of the sums so agreed or contracted to be 
 paid for or in respect of the taking, using, or interfering with any such 
 lands, or in lieu of bridges, tunnels, or other accommodation works, or 
 for assenting to or not opposing the passing of the bill authorizing the 
 taking of such lands ; but all such moneys shall be deemed to have been 
 contracted to be paid for and on account of the several parties interested 
 in such lands, as well in possession as in remainder, reversion, or expect- 
 ancy : Provided always, that it shall be in the discretion of the Court 
 of Chancery in England or the Court of Exchequer in Ireland, or the 
 
8 ifc 9 VICTORIA, CAP. 18. 51! 
 
 said trustees, as the case may be, to allot to any tenant for life, or for 
 any other partial or qualified estate, for his own use, a portion of the 
 sum so paid into the ban];;, or to such trustees as aforesaid, as compensa- 
 tion for any injury, inconvenience, or annoyance which he may be con- 
 sidered to sustain, independently of the actual value of the lands to be 
 taken and of the damage occasioned to the lands held therewith, by 
 reason of the taking of such lands and the making of the works. 
 
 74. Where any purchase money or compensation paid into the bank Court of 
 under the provisions of this or the special Act shall have been paid in ohu "»'T 
 respect of any lease for a life or lives or years, or for a life or lives and Ration 
 years, or any estate in lands less than the whole fee simple thereof, or of of m °ney in 
 any reversion dependent on any such lease or estate, it shall be lawful ""J™^ 
 for the Court of Chancery in England or the Court of Exchequer in reversions 
 
 Ireland, on the petition of any party interested in such money, to order ^t-^l maT 
 that the same shall be laid out, invested, accumulated, and paid in such '""'' 
 
 manner as the said court may consider will give to the parties interested 
 in such money the same benefit therefrom as they might lawfully have 
 had from the lease, estate, or reversion in respect of which such money 
 shall have been paid, or as near thereto as may be. 
 
 76. If the owner of any such lands purchased or taken by the pro- Where par- 
 moters of the undertaking, or of any interest therein, on tender of the ties refu86 to 
 purchase money or compensation either agreed or awarded to be paid in notriio'w™ d ° 
 respect thereof, refuse to accept the same, or neglect or fail to make out title . ° r 
 a title to such lands, or to the interest therein claimed by him, to the fou^fi'i'fo 
 satisfaction of the promoters of the undertaking, or if he refuse to purcw 
 convey or release such lands as directed by the promoters of the under- ™ one y l ° be 
 taking, or if any such owner be absent from the kingdom, or cannot ep ° 3 ' ° 
 after diligent inquiry be found, or fail to appear on the inquiry before a 
 jury, as herein provided for, it shall be lawful for the promoters of the 
 undertaking to deposit the purchase money or compensation payable in 
 respect of such lands, or any interest therein, in the bank, in the name 
 and with the privity of the Accountant- General of the Court of Chan- 
 cery in England or the Court of Exchequer in Ireland, to be placed, 
 except in the cases herein otherwise provided for, to his account there, 
 to the credit of the parties interested in such lands (describing them so 
 far as the promoters of the undertaking can do), subject to the control 
 and disposition of the said court. 
 
 78. Upon the application by petition of any party making claim to Application 
 the money so deposited as last aforesaid, or any part thereof, or to the of n?™ 6 ? 8 
 lands in respect whereof the same shall have been so deposited, or any ° i " )sl " 
 part of such lands, or any interest in the same, the said Court of Chancery 
 
 in England or the Court of Exchequer in Ireland, may, in a summary 
 way, as to such court shall seem fit, order such money to be laid out or 
 invested in the public funds, or may order distribution thereof, or pay- 
 ment of the dividends thereof, according to the respective estates, titles, 
 or interests of the parties making claim to such money or lands, or any 
 part thereof, and may make such other order in the premises as to such 
 court shall seem fit. 
 
 79. If any question arise respecting the title to the lands in respect Party in 
 whereof such moneys shall have been so paid or deposited as aforesaid, possession to 
 the parties respectively in possession of such lands, as being the owners toe „™er. 
 thereof, or in receipt of the rents of such lands, as being entitled thereto 
 
 at the time of such lands being purchased or taken, shall be deemed to 
 have been lawfully entitled to such lands, until the contrary be shown to 
 
 E 2 
 
52 i Me Railway clauses consolidation act, 1845. 
 
 the satisfaction of the court ; and unless the contrary be shown as afore- 
 Said, the parties so in possession, and all parties claiming under them, or 
 consistently with their possession, shall be deemed entitled to the money 
 so deposited, and to the dividends or interest of the annuities or securities 
 purchased therewith, and the same shall be paid and applied accordingly. 
 Costa in 80. In all cases of moneys deposited in the bank under the provisions 
 
 cases of f this or the special Act, or an Act incorporated therewith, except 
 posited. where such moneys shall have been so deposited by reason of the wilful 
 refusal of any party entitled thereto to receive the same, or to convey or 
 release the lands in respect whereof the same shall be payable, or by 
 reason of the wilful neglect of any party to make out a good title to the 
 land required, it shall be lawful for the Court of Chancery in England 
 or the Court of Exchequer in Ireland to order the costs of the following 
 matters, including therein all reasonable charges and expenses incident 
 thereto, to -be paid by the promoters of the undertaking ; (that is to say,) 
 the costs of the purchase or taking of the lands, or which shall have been 
 incurred in consequence thereof, other than such costs as are herein 
 otherwise provided for, and the costs of the investment of such moneys 
 in Government or real securities, and of the reinvestment thereof in the 
 purchase of other lands, and also the costs of obtaining the proper orders 
 for any of the purposes aforesaid, and of the orders for the payment of 
 the dividends and interest of the securities upon which such moneys shall 
 be invested, and for the payment out of court of the principal of such 
 moneys, or of the securities whereon the same shall be invested, and of 
 all proceedings relating thereto, except such as are occasioned by litiga- 
 tion between adverse claimants : Provided always, that the costs of one 
 application only for reinvestment in land shall be allowed, unless it shall 
 appear to the Court of Chancery in England or the Court of Exchequer 
 in Ireland that it is for the benefit of the parties interested in the said 
 moneys that the same should be invested in the purchase of lands, in 
 different sums and at different times, in which case it shall be lawful for 
 the court, if it think fit, to order the costs of any such investments to be 
 paid by the promoters of the undertaking. 
 
 II.—" The Railway Clauses Consolidation Act, 1845." 
 
 8 & 9 Victoeia, Cap. 20. 
 
 An Act for consolidating in one Act certain provisions usually 
 inserted in Acts authorizing the making of Railways. 
 
 [8th May, 1845.] 
 
 [Sections incorporated with " The Irish Church Act, 1869."*] 
 
 Arbitration. And with respect to the settlement of disputes by arbitration, be it 
 -enacted as follows : 
 
 Appoint- 126. When any dispute authorized or directed by this or the special 
 
 Soreth™ Act ' or anv . Act incorporated therewith, to be settled by arbitration, 
 questions are shall have arisen, then, unless both parties shall concur in the appointment 
 tob °d d b t<,r " ° f a sin S le arbitrator, each party, on the request of the other party, shall 
 Sbitratton. nominate and appoint an arbitrator to whom such dispute shall be re- 
 ferred ; and every appointment of an arbitrator shall be made on the part 
 of the company, under the hand of the secretary or any two of the direc- 
 
 * See section 66, ante, page 87. 
 
8 & 9 victoria, cap. 20. 53 
 
 tors of the company, and on the part of any other party under the hand 
 of such party, or if such party be a corporation aggregate, under the 
 common seal of such corporation, and such appointment shall be delivered 
 to the arbitrators, and shall be deemed a submission to arbitration on- the 
 part of the party by whom the same shall be made ; and after any such 
 appointment shall have been made neither party shall have power to re- 
 voke the same without the consent of the other, nor shall the death of 
 either party operate as a revocation ; and if for the space of fourteen 
 days after any such dispute shall have arisen, and after a request in 
 writing^ in which shall be stated the matters so required to be referred to 
 arbitration, shall have been served by the one party on the other party to 
 appoint an arbitrator, such last-mentioned party fail to appoint such ar- 
 bitrator, then upon such failure the party making the request, and having 
 himself appointed an arbitrator, may appoint such arbitrator to act on 
 behalf of both parties ; and such arbitrator may proceed to hear and de- 
 termine the matters which shall be in dispute ; and in such case the 
 award or determination of such single arbitrator shall be final. 
 
 127. If before the matters so referred shall be determined any arbi- Vacancy of 
 trator appointed by either party die, or become incapable to act, the to'b'Jmp- 
 party by whom such arbitrator was appointed may nominate and appoint plied. 
 
 in writing some other person to act in his place, and if for the space of 
 seven days after notice in writing from the other party for that purpose 
 he fail to do so the remaining or other arbitrator may proceed ex parte ; 
 and every arbitrator so to be substituted as aforesaid shall have the same 
 powers and authorities as were vested in the former arbitrator at the time 
 of such his death or incapacity as aforesaid. 
 
 128. Where more than one arbitrator shall have been appointed, such Appoint- 
 arbitrators shall, before they enter upon the matters referred to them, men * of 
 nominate and appoint by writing under their hands an umpire to decide um P' ro - 
 on any such matters on which they shall differ, or which shall be referred 
 
 to him under this or the special Act ; and if such umpire shall die, or 
 become incapable to act, they shall forthwith after such death or incapacity 
 appoint another umpire in his place ; and the decision of every such 
 umpire on the matters so referred to him shall be final. 
 
 129. Kin either of the cases aforesaid the said arbitrators shall refuse, Board of 
 or shall for seven days after request of either party to such arbitration Trade em- 
 neglect to appoint an umpire; the Board of Trade shall, on the application appoint an 
 of either party to such arbitration, appoint an umpire ; and the decision umpire, on 
 of such umpire on the matters on which the arbitrators shall differ, or "hf'arMtra- 
 which shall be referred to him under this or the special Act, shall be tors. 
 final, 
 
 130. If where a single arbitrator shall have been appointed, such arbi- J n ease of 
 trator shall die, or become incapable to act, before he shall have made his 8 i n g£arbi- 
 award, the matters referred to him shall be determined by arbitration, trator tho 
 under the provisions of this or the special Act, in the same manner as if jj^ 61 ^ 
 such arbitrator had not been appointed. novo. 
 
 131. If, where more than one arbitrator shall have been appointed, if either 
 either of the arbitrators refuse or for seven days neglect to act, the other "f,j^ a J° r a()t 
 arbitrator may proceed ex parte, and the decision of such other arbitrator the other to' 
 shall be as effectual as if he had been the single arbitrator appointed by proceed ex 
 
 ... ° parte. 
 
 both parties. 
 
 ' 1 32. If, where more than one arbitrator shall have been appointed, and if Arbitra- 
 where neither of them shall refuse or neglect to act as aforesaid, such ar- ^"kolheir 
 bitrators shall fail to make their award within twenty-one days after the award within 
 day on which the last of such arbitrators shall have been appointed, or ^ ont [ h ™° 
 within such extended time, if any, as shall have been appointed for that matt' er to 
 
u 
 
 THE IRISH PRESBYTERIAN CHURCH ACT, 1871. 
 
 go tothe 
 umpire. 
 
 Power for 
 arbitrators 
 to call for 
 books, &c. 
 
 Arbitrator 
 and umpire 
 to make 
 declaration. 
 
 Costs to be 
 in the dis- 
 cretion of 
 the arbitra- 
 tors. 
 
 Submission 
 to arbitra- 
 tion may be 
 made a rule 
 of Court. 
 The award 
 not to be set 
 aside for 
 matter of 
 form. 
 
 purpose by both such arbitrators under their hands, the matter referred 
 to them shall be determined by the umpire to be appointed as aforesaid, 
 
 133. The said arbitrators or their umpire may call for the production 
 of any documents in the possession or power of either party which they 
 or he may think necessary for determining the question in dispute, and 
 may examine the parties or their witnesses on oath, and administer the 
 oaths necessary for that purpose. 
 
 134. Before any arbitrator or umpire shall enter into the consideration 
 of any matters referred to him he shall, in the,presence of a justice, make 
 and subscribe the following declaration, that is to say, 
 
 ' I, A.B., do solemnly and sincerely declare, that I will faithfully 
 ' and honestly, and to the best of my skill and ability, hear and de- 
 ' termine the matters referred to me, under the provisions of the 
 ' Act [naming the special Act]. A.B. 
 
 ' Made and subscribed in the presence of 
 
 And such declaration shall be annexed to the award when made ; and if 
 any arbitrator or umpire, having made such declaration, shall wilfully 
 act contrary thereto, he shall be guilty of a misdemeanor. 
 
 135. Except where by this or the Special Act, or any Act incorporated 
 therewith, it shall be otherwise provided, the costs of and attending every 
 such arbitration, to be determined by the arbitrators, shall be in the 
 discretion of the arbitrators. 
 
 136. The submission to any such arbitration may be made a rule of 
 any of the Superior Courts, on the application of either of the parties. 
 
 1 37. No award made with respect to any question referred to arbitra- 
 tion under the provisions of this or the Special Act shall be set aside for 
 irregularity or error in matter of form. 
 
 III. — " The Irish Presbyterian Church Act, 1871." 
 34 & 35 Victoria, Cap. 24. 
 
 An Act for regulating the management by the Trustees of the 
 Presbyterian Church in Ireland of certain trust properties for 
 the said Church, and for other purposes. [16th June, 1871.] 
 
 Whereas by the Irish Church Act, 1869,* it was enacted, that any 
 minister or assistant minister of any Protestant non- conforming congre- 
 gation to or for whom any annuity was paid or secured under the said 
 Act, by reason of the discontinuance of the Parliamentary grant commonly 
 called and in the said Act referred to as "the Regium Donum," might 
 apply to the Commissioners in the said Act mentioned to commute his 
 annuity for a capital sum to be paid to him, and the said Commissioners, 
 if satisfied that the annuity of the applicant was not encumbered, or if 
 encumbered that the encumbrancers consented to the commutation, 
 should cause the then present value of the annuity to be estimated, and 
 should pay the amount of such estimated value to trustees, such trustees 
 to be appointed in the case of any such minister or assistant minister 
 as aforesaid by such minister or assistant minister and the general 
 assembly or synod or presbytery, as the case might be, of the church or 
 religious community to which such minister or assistant minister might 
 belong: 
 
 * See section 39, ante, page 28 
 
34 & 35 victoria, cap. 24. 55 
 
 And whereas it was by the said Act* also enacted that the said Com- 
 missioners should at any time between the first day of January one 
 thousand eight hundred and seventy-one and the first day of January 
 one thousand eight hundred and seventy-three, but not afterwards, if it 
 appeared to them as respected any Protestant non- conforming body or 
 communion, that not less than three-fourths of the whole number of the 
 ministers of such body or communion authorized to commute under the 
 said Act had commuted or agreed to commute their life interests, pay, in 
 addition to the moneys otherwise payable by them, a sum equal to twelve 
 pounds in the hundred on the commutation money payable in respect of 
 each life interest, such addition to be disposed of in the same manner as 
 the commutation money in respect of which it was added : 
 
 And whereas upwards of three-fourths of the whole number of the 
 ministers of the general assembly of the Presbyterian Church in Ireland 
 authorized to commute under the said Act have already commuted their 
 life interests for capital sums under the provisions of the said Act (which 
 ministers who have already commuted as aforesaid are hereinafter desig- 
 nated "the said commuting ministers ") : 
 
 And whereas the said commuting ministers and the said general 
 assembly duly appointed the several persons hereinafter named to be 
 trustees to receive the said capital sums pursuant to the said Act : 
 
 And whereas, in order to enable the said trustees to pay to each of the 
 said commuting ministers an annuity for his life, provided he should so 
 long continue in his office of minister of the said church, equal to the 
 annuity commuted by him as aforesaid, and at the same time to preserve 
 undiminished the entire amount of the said commutation money as a 
 source of permanent endowment for the said church, certain members of 
 the said church agreed to raise by voluntary annual contribution or other- 
 wise a certain amount of income, to be called " the sustentation fund" 
 of the said church (and hereinafter designated as " the said sustentation 
 fund"), the same to be applied in each and every year so long as any 
 such life annuity- should be payable as aforesaid to supplement the 
 annual income arising from the said commutation money, so far as might 
 be required for the payment in full of the several annuities so to be paid 
 as aforesaid : 
 
 And whereas the management of the said sustentation fund, so far as 
 regards the raising the same, has been duly entrusted to a committee 
 elected and to be elected by the said general assembly of the said Presby- 
 terian Church: 
 
 And whereas donations and bequests to the said sustentation fund were 
 directed to be funded by the said commutation trustees, if the donors or 
 testators should so desire : 
 
 And whereas the said commuting ministers, having been desirous of 
 co-operating in the formation of such sustentation fund, agreed that the 
 said commutation money payable in respect of their several and respec- 
 tive life interests as aforesaid should be vested in the said trustees, on 
 certain trust contained in and declared by an indenture dated the thirteenth 
 day of July one thousand eight hundred and seventy, and made between 
 the said commuting ministers of the first, second, third, and fourth parts, 
 and the said trustees of the fifth part : 
 
 And whereas by the said indenture it was agreed and declared that 
 the said trustees should apply for and receive from the said Commissioners 
 the commutation moneys payable by them in respect of the annuities of 
 the said commuting ministers, and should stand possessed thereof on the 
 trusts in the said indenture as aforesaid : 
 
 * See section 23, ante, page 16. 
 
56 THE IRISH PRESBYTERIAN CHURCH ACT, 1871. 
 
 And whereas the said trustees have received or will shortly receive the 
 said commutation moneys payable by the said Commissioners as aforesaid 
 in respect of the annuities of the said commuting ministers (including as 
 well the amount of the estimated value of the said annuities respectively 
 as also the said twelve pounds per cent, additional payable on the con- 
 tingency aforesaid) : 
 
 And whereas several of the ministers of the said general assembly who 
 have not yet commuted the annuities payable to them respectively under 
 the said Act may yet do so : 
 
 And whereas certain colleges and other property and trust funds con- 
 nected therewith which have been given and bequeathed for the education 
 of ministers for the said church are now vested in certain parties as 
 trustees for the said church : and there are also churches, manses, and 
 other property connected therewith, now vested in certain parties as 
 trustees, for congregations connected with the said church ; and there 
 are also trust funds and moneys which have been given and bequeathed 
 by members of the said church, for missions and other charities connected 
 with said church, and said trust funds and moneys are now vested in or 
 under the control of divers persons as trustees for the said church, and 
 portions thereof have been invested on mortgages of lands and in other 
 securities : 
 
 And whereas it is desirable that provisions such as are in this Act 
 contained should be made in relation to the said colleges, churches, 
 manses, trust funds, moneys, and other properties and securities which 
 are now belonging to or which shall be devised or bequeathed to and for 
 the use of the said church, or of congregations connected with the said 
 church : 
 
 And whereas the objects aforesaid cannot be obtained without the 
 authority of Parliament : 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords Spiritual and Temporal, and Com- 
 mons, in the present Parliament assembled, and by the authority of the 
 same, as follows : 
 Short title. 1 . This Act may be cited for all purposes as " The Irish Presbyterian 
 
 Church Act, 1871." 
 Trustees. 2. Sir Edward Coey, James Porter Corry, Esq., J. P., George McCarter, 
 
 Esq., William Martin, Esq., Rev. Robert Black, Rev. LowryE. Berkeley, 
 Daniel Taylor, Esq., J.P., William Shaw, Esq., James Brown, Esq., Rev. 
 John Macnaughton, Leonard Dobbin, Esq.,' Thomas Ferguson, Esq., 
 J.P., Thomas A. Dickson, Esq., Archibald D. Lemon, Esq., Robert 
 Porter, Esq., Thomas Sinclair, Esq., J.P., William Macnaughtan, Esq., 
 Henry Matier, Esq., Rev. Charles L. Morell, Rev. John H. Orr, Rev. 
 John R. MacAlister, James S. Crawford, Esq., J. P., Robert G. M'Crum, 
 Esq., Rev. Professor Smyth, D.D., William F. Bigger, Esq., J.P., 
 William Tillie, Esq., J.P., Rev. N. M. Brown, Hugh Moore, Esq., John 
 Adams, Esq., J.P., D.L., Rev. James A. Robson, William Young, Esq., 
 William Wilson, Esq., Robert Stevenson, Esq., J.P., and Rev. Dr. 
 Wilson, being the trustees named in said deed, and their successors 
 appointed as hereinafter expressed, shall be " The Trustees of the 
 Presbyterian Church in Ireland," for the purpose of carrying into effect 
 the provisions of this Act, and are in this Act referred to as "the 
 trustees." 
 Commute- 3. From and after the passing of this Act, all moneys paid or payable 
 tion moneys in respect of the annuities of ministers who at the date of such passing 
 " Bt f*' n have commuted the annuities payable to them respectively under the 
 said Act, and all securities therefor, and the right to receive and realize 
 
34 & 35 victoria, cap. 24. 57 
 
 the same respectively, are transferred to and vested in the trustees and 
 their successors, subject to the directions and enactments affecting the 
 same herein-after contained. 
 
 4. It shall be lawful for the trustees, if they shall think fit, with the Oommuta- 
 consent in writing of any minister of the said church who has not before tion m ° n °y 
 the passing of this Act commuted the annuity payable to him under the Jj'™tiT 
 said Act, to apply to the said Commissioners for all commutation moneys commuting 
 (including the said twelve pounds per cent, if payable) in respect of the mini8tera - 
 annuity of any such minister who shall hereafter agree to commute his 
 
 said annuity, and thereupon the said Commissioners shall pay such com- 
 mutation moneys to the trustees. 
 
 5. The trustees shall, out of the said commutation moneys now paid Appjication 
 or to be paid as aforesaid, (and which moneys are hereinafter referred tatioTfclnd 
 to as " the commutation fund,") and out of the interest, dividend, and and moneys 
 annual income thereof, pay to each minister who has as aforesaid com- Jj^j T t e * a . 
 muted his annuity such annual sum as has heretofore been payable to surer of 
 him under the provisions of the said indenture, and to each minister who, sustontation 
 after the making of the said" indenture and before the passing of this Act, fund ' 
 
 has commuted or who shall commute after the passing of this Act such 
 annual sum as shall after such passing be mutually agreed upon between 
 such last-mentioned minister and the trustees : Provided always, that- 
 the trustees shall in the first place apply the interest, dividends, and 
 annual income of the said commutation fund in or towards payment of 
 the said several annuities, and if they shall receive from the treasurer for 
 the time being of the sustentatioh fund of the said general assembly, or 
 from other sources, any other sums of money applicable for the same 
 purpose, shall apply such sums of money in or towards payment of the 
 said several annuities, and if after such application of the said interest, 
 dividends, and annual income, and other sums of money respectively as 
 aforesaid, the said several annuities shall not be fully paid, then and in 
 such case, and from time to time so often as the same shall happen, the 
 trustees shall raise out of the capital of the said commutation fund so 
 much as may be required for payment of the said several annuities in 
 full, and apply such money in payment of the same accordingly. 
 
 6. If at any time the interest, dividends, and annual income of the Application 
 said commutation fund, together with such other sums of money as may ° ™ m uJlftion - 
 be received by the trustees, and be applicable for the purpose as afore- andsustenta- 
 said, shall be more than sufficient for payment in full of the said several tion {mis - 
 annuities for the time being charged upon and payable out of the com- 
 mutation fund, then and in such case, and from time to time so often 
 
 as the same shall happen, the trustees shall pay and apply such annual 
 surplus of the said interest, dividends, and annual income, and other sum 
 of money, in such manner as the general assembly shall from time to time 
 direct. 
 
 7. Any minister entitled to an annuity under or by virtue of the Ministers 
 provisions aforesaid may by notice in writing served upon the secretary may require 
 or agent of the trustees require the trustees to pnrchase, for and in the purchase 
 name of such minister, and in lieu of the annuity payable to him under annuities, 
 or by virtue of the provisions aforesaid, a government annuity of the like Jilim'on 10 
 amount for his life ; and thereupon the trustees shall purchase such life commutation 
 annuity for and in the name of such minister, and such minister shall fund*" 06 ' 186 ' 
 thereupon cease to have any further claim or demand whatever upon the 
 commutation fund, or the interest, dividends, or annual income thereof, 
 
 but shall nevertheless be entitled to receive out of any sums of money 
 
 paid to the trustees by the treasurer for the time being of the sustenta- ' ,. :,[' 
 
 tion fund for augmentation of ministers' annuities such further animal - ; 
 
58 
 
 THE IRISH PRESBYTERIAN CHURCH ACT, 1871. 
 
 Receipt of 
 minister, his 
 executors, 
 administra- 
 tors, or as- 
 signs, full 
 discharge. 
 
 Trust 
 
 moneys, after 
 payment of 
 annuities, 
 &c., to be 
 left for per- 
 manent en- 
 dowment of 
 ministers for 
 the time 
 being of 
 Presbyterian 
 Church. 
 
 Trusts of 
 
 sustentation 
 
 fund 
 
 Gifts, be- 
 quests, or 
 transfers to 
 
 trustees to 
 he held on 
 trusts. 
 
 sum as the trustees shall ascertain and determine to be properly payable 
 to such minister, having regard to the amount of the sums of money 
 so applicable for the purpose, and to the extent to which the benefit 
 derivable from commutation has been lessened by the purchase for such 
 minister of such life annuity as aforesaid. 
 
 8. The receipt in writing of any minister entitled to an annuity, or of 
 his executors, administrators, or assigns, for the last quarterly payment 
 of the annuity to which he may be so entitled under the provisions 
 aforesaid, shall be deemed and taken to be a release in full to the trustees 
 of all claims and demands whatsoever in respect of the -commutation 
 money and per-centage (if any) thereon paid by the said Commissioners 
 to the trustees in respect of the commuted annuity of such minister, or 
 any undisposed residue thereof, and in respect of all arrears on foot of 
 the annuity to which such minister was in his lifetime entitled as afore- 
 said, other than and except any proportional part of the current gale of 
 the said annuity which may have accrued between the day of his death 
 and the gale day next preceding his death, and subject only to the 
 payment of such apportioned part (if any), the trustees shall thenceforth 
 hold such commutation money so paid to them as aforesaid discharged 
 from such annuity, and from all claims in respect thereof or in relation 
 thereto. 
 
 9. When and so soon as all of the said several life annuities so payable 
 out of the said commutation fund as aforesaid shall have determined, and 
 all claims and demands against the said fund in respect thereof shall have 
 been satisfied, the said commutation fund, and the stocks, funds, and 
 securities in which the same shall be invested, shall thenceforth be held 
 by the trustees upon such trusts by way of permanent endowment for 
 the benefit of the ministers for the time being of congregations of the 
 Presbyterian Church in Ireland in connexion with and under the juris- 
 diction of the said general assembly as the said assembly shall direct : 
 Provided always, nevertheless, that the interest, dividends, and annual 
 income only of the said fund shall be applied for the benefit of such 
 ministers, and that such preference as the general assembly may in its 
 absolute and uncontrolled discretion think right shall be given to the 
 claims of congregations whose ministers shall have so commuted as afore- 
 said. 
 
 10. The trustees shall receive from the treasurer of the sustentation 
 fund all sums given, subscribed, or bequeathed thereto, and shall, subject 
 to the provisions herein-before contained for the purpose of securing their 
 annuities to the ministers who have commuted or may commute as afore- 
 said, pay and apply such sums as the said general assembly may from 
 time to time direct : Provided always, that donations and bequests 
 given or bequeathed to or in favour of the said sustentation fund, and 
 directed to be permanently invested or otherwise given or bequeathed 
 as an endowment fund for the sustentation of the ministry of the said 
 church, and received by the trustees, shall be invested by them, and 
 unless the respective donors or testators shall otherwise direct, the interest, 
 dividends, and annual income thereof shall be paid and applied by the 
 trustees as the general assembly may from time to time direct, and if 
 such donor or testator shall specifically direct the trustees to apply the 
 same to the support of the minister of any particular congregation, the 
 same shall be applied accordingly by the trustees. 
 
 11. It shall be lawful for the trustees, if they shall think fit, with the 
 approval of the said general assembly, to accept or take a transfer of any 
 other gift or bequest of personal property given or bequeathed for the 
 endowment or permanent use or benefit of the said church, or any college, 
 
34 & 35 victokia, cap. 24. 59 
 
 congregation, mission, or charity connected therewith, or to take a transfer 
 from any trustee or other person in whom the same shall be vested of any 
 endowment or fund or securities for the purposes aforesaid, and the 
 trustees shall hold such personal property so given, bequeathed, or trans- 
 ferred as aforesaid on the trusts declared by or contained in the deed, will, 
 or other instrument of endowment. 
 
 12. The trustees may from time to time invest the said commutation Mode of in- 
 fund, and all other moneys that shall come to their hands under the pro- vestment of 
 visions contained for the said church, in any of the public stocks or funds 
 
 or government securities of the United Kingdom or India, or any colony 
 or dependency of the United Kingdom, or upon mortgage of real securi- 
 ties in England, Wales, or Ireland, or in any other securities whatever 
 which the said general assembly of the said church shall from time to time 
 appoint ; and no trustee shall be liable for any loss occasioned by the de- Non-liability 
 preciation or failure of any such investment or otherwise, save by his own of tn i sto w *\ 
 wilful default ; and the trustees from time to time, at their discretion, f„i default, 
 may vary or transpose such stocks, funds, and securities into or for others 
 of the same or a like nature. 
 
 13. It shall be lawful for Her Majesty by charter to incorporate the inoorpora- 
 trustees with power, notwithstanding the Statutes of Mortmain, to hold ch" r tJ r KoyaI 
 land to such extent as is in this Act provided, but not further or other- 
 wise, and the trustees when so incorporated by charter shall continue to 
 
 act in the execution of this Act. 
 
 14. It shall be lawful for the trustees, when incorporated by charter as Power to 
 aforesaid, to invest all moneys vested in them for that purpose in the. ! nY0St f J l " lds 
 absolute purchase, or in procuring leases or fee-farm grants subject to & c P oTlands' 
 annual or other rents, and with or without fines, of lands for the erection for manses, 
 thereon of churches, or of manses for the use of the ministers of said ^°' d "°g ex " 
 church, or for schools or other buildings in connexion with said church thirty acros 
 buildings, or for other church purposes, the lands so to be purchased not f ° r ea ° h 
 
 to exceed thirty acres for each congregation, and to sell, grant, or demise c 
 the lands so purchased to trustees, for the minister and congregations of 
 each church, for such sum or at such rent and for such term as the 
 trustees shall think fit, or to permit such ministers and congregations to 
 occupy and use the same at such rent and upon such terms and conditions 
 as the trustees shall think fit ; and the trustees may execute all such 
 deeds, grants, leases, or other documents as may be necessary for the 
 purpose aforesaid.* 
 
 15. It shall be lawful for the trustees of any college, church building, p owe rto 
 schoolhouse, manse, or other real property, whether freehold or chattel, >e st <K>i>»g™. 
 held in trust for the said church or any congregation in connexion there- ° 11 ™™a, . ,1 j I1 " 
 with, or any person or persons in whom the same may be vested, if they trustees. 
 
 or he respectively shall think fit, to grant, assign, or otherwise vest in the 
 trustees when incorporated by charter as aforesaid, with their concurrence, 
 such college, church building, schoolhouse, manse, or other real property, 
 whether freehold or chattel, to be held by the trustees upon such trust 
 and subject to such rights as at the time of such grant, assignment, or 
 vesting affected the same respectively, and the former trustees shall be 
 thereupon released from the trusts thereof respectively . 
 
 16 It shall be lawful for any person whomsoever, entitled so to do, to Power to 
 give/grant, devise, bequeath, or assure, by any deed, will, or other in- J'^^, 
 strument sufficient in law to create or convey an estate therein, any &0 , 6 ' 
 messuages, lands, hereditaments, or any estate therein, to the trustees 
 when incorporated by charter as aforesaid for any college, or for any 
 * See Glebe Loan (Ireland) Acts, post, page 63, and Glebe Lauds (Ireland) Acta, 
 post, page 71. 
 
60 
 
 THE IRISH PRESBYTERIAN CHURCH ACT, 1871. 
 
 church building or schoolhouse in connexion with any congregation or 
 church, or for a hall for the meeting of the said general assembly : Pro- 
 vided always, that under the provisions aforesaid or otherwise not more 
 than thirty acres shall be held in trust for any congregation, nor more 
 than one hundred acres in trust for any college, nor more than twenty 
 acres in trust for erecting thereon a hall, offices, or other buildings for 
 the use of said general assembly : Provided always, nevertheless, that 
 any such gift, grant, bequest, or assurance of lands in excess of the 
 acreage hereby authorized to be held as aforesaid shall be void as to the 
 excess only. 
 Power to sell 1 7. The trustees, when incorporated by charter as aforesaid, may from 
 Ends" 3 t ' me to t ' me se ^' l ease > exchange, or otherwise dispose of, on such terms 
 and in such manner as they think fit, or mortgage, any lands vested in 
 them, and not being otherwise required for purposes of the said church 
 or any of the colleges or congregations connected therewith, and may 
 enter into, execute, and do all contracts, assurances, and things necessary 
 or proper in that behalf; and every such sale or lease as aforesaid may 
 be made either absolutely for a sum in money, or for any annual rent or 
 rents, to be made payable as the trustees direct, or partly for a sum of 
 money and partly for such rent or rents as aforesaid, as the trustees think 
 fit, and the trustees may afterwards sell any rent so to be made payable. 
 Directions as 18. The trustees shall conduct their business at such place, and keep 
 aooomita &c sucn mmute books, and shall keep and render such accounts, and make 
 such reports, from time to time, and hold such meetings, as the said 
 general assembly of the Presbyterian Church shall from time to time 
 direct and require. 
 
 19. It shall be lawful for the trustees from time to time to appoint a 
 treasurer or treasurers, secretary, and such other officers and agents, and 
 to prescribe for them such duties, and to pay them such remuneration for 
 their services, as the trustees shall think fit; and such treasurer or 
 treasurers, secretary, and other officers shall hold their respective offices 
 on such terms as the trustees shall determine. 
 
 20. The trustees shall, until all the annuities payable to the said com- 
 muting ministers shall have ceased, at the end of every third year, or 
 oftener if required so to do by the said general assembly, certified as such 
 by the clerk thereof, appoint a competent actuary to value and report 
 upon the assets and liabilities of the said commutation fund, which report 
 shall be laid before the general assembly at its next meeting. 
 
 21. The said general assembly may, at its ordinary meetings in each 
 year, or at any extraordinary meeting specially convened for the purpose, 
 appoint two or more fit and proper persons to examine and audit the 
 accounts of the trustees ; and such auditors shall have power to call for 
 and require the production of all books of account, vouchers, and docu- 
 ments relating to the income and expenditure of the trust during the year 
 to which the accounts so to be audited may relate, and the same shall be 
 produced to them accordingly. 
 
 22. The receipt in writing of the treasurer or treasurers, or of any of 
 the trustees authorized in that behalf by byelaw, for any moneys paid, 
 and for any stocks, funds, shares, or securities transferred to them by 
 virtue of this Act, or in execution of any of the trusts or powers thereof, 
 shall effectually discharge the person or persons paying or transferring 
 the same therefrom, and from being bound to see to the application or 
 being answerable for the loss or misapplication thereof. 
 
 23. With respect to contracts to be made by the trustees the following 
 provisions shall have effect ; (that is to say,) 
 
 With respect to any contract which if made between individuals would 
 
 Power to 
 
 appoint 
 
 officers. 
 
 Po-.ver to 
 appoin t 
 actuary. 
 
 Power to 
 general 
 assembly 
 to appoint 
 auditors. 
 
 Receipts by 
 treasurer, 
 &c. a dis- 
 oharge. 
 
 Contracts by 
 trustees. 
 
34 & 35 VICTORIA, CAP. 24. 61 
 
 be by law required to be in writing and under seal, the trustees 
 may make the same in writing under their common seal, when in- 
 corporated by charter as aforesaid, or until incorporated under the 
 hands and seals of the trustees or any five of them acting on behalf 
 or under the direction of the trustees, and in the same manner may 
 vary or discharge the same : , 
 
 With respect to any contract which if made between individuals would 
 be by law required to be in writing and signed by the parties to be 
 charged therewith, the trustees may make the same in writing signed 
 by any two of them, or by the treasurer or any person appointed by 
 byelaw to* act in that behalf generally or in any particular case, and 
 in the same manner may vary or discharge the same : 
 With respect to any contract which if made between individuals would 
 be by law valid though not reduced into writing, the trustees, or any 
 two of them, or the treasurer or any person acting on behalf or under 
 the direction of the trustees may make the same, or authorize the 
 same to be made, without 'writing, and in the same manner may vary 
 or discharge the same : 
 And all contracts made according to the provisions of this section shall be 
 effectual at law, and shall be binding on the trustees, and on all other 
 parties thereto, their heirs, executors, or administrators ; and on any de- 
 fault in execution of their obligation, either by the trustees or any party 
 thereto, such actions or suits may be brought either by or against the 
 trustees as might be brought if the same contract had been made between 
 individuals. 
 
 24. The said-general assembly of the Presbyterian Church, and the Minutes of 
 said trustees and executive committee of the trustees respectively, in dis- meetings to 
 charging their respective duties under this Act, or any byelaws to be ljlJ kept ' 
 made in pursuance thereof, shall cause notes, minutes, or copies (as the 
 
 case requires) of their orders, resolutions, and proceedings to be entered 
 in books to be kept under their superintendence ; and, every such entry 
 shall be signed by the moderator of the general assembly, or by the 
 chairman of the meeting at which the order, resolution, or proceeding 
 entered was passed or taken, or by the moderator or chairman, asthecase 
 may be, of the next subsequent meeting ; and every such entry so signed 
 shall be received as evidence in all courts and elsewhere without proof of 
 the meeting having been duly convened or held, or of the persons making 
 . or taking any such order, resolution, or proceeding, or causing the same 
 to be entered, being members of the general assembly or being trustees 
 (as the case may be), or of the signature of the person signing as chairman, 
 or of the fact of his having been moderator or chairman, as the case may 
 be, all which matters shall be presumed until the contrary is shown. 
 
 25. All acts done at a meeting of the general assembly or of the Acts done at 
 trustees, or of any committee thereof, by any person acting as a member m8etm s » f 
 of the general assembly or of the trustees or committee, shall, notwith- assembly 
 standing it being afterwards discovered that there was some defect in the ™ lid "<"-. 
 appointment of any such person so acting, or that he was disqualified, be disqualified- 8 
 as valid as if there had been no such defect or disqualification. ■ tion. 
 
 26. Any order, resolution, or proceeding of the trustees, or any power validity of 
 by this Act conferred, or any gift, devise, or bequest to the trustees, g'f's and 
 or otherwise, for the benefit of the said church, or any congregation, ^Xs'tand'hig 
 college, mission, or charity connected therewith, shall not be invalidated vacancy in 
 by reason only of there being a vacancy among the trustees. a\°ruste°e < ' ° f 
 
 27. The trustees shall not, nor shall any of them, by being party to or Indeni ^| yt0 
 executing as such trustee any oontract or other instrument, or otherwise trustees. 
 lawfully executing any of the powers given to the trustees by this Act 
 
62 
 
 THE IRISH PRESBYTERIAN CHURCH ACT, 1871. 
 
 Power to 
 pay travel- 
 ling ex- 
 penses, &c. 
 Mode of 
 election of 
 trustees. 
 
 Power to 
 make bye- 
 laws, with 
 assent of 
 general 
 assembly,&c 
 
 or the byelaws to be made in pursuance of its provisions, be subject to 
 be sued or prosecuted by any person whomsoever, nor shall the bodies, 
 goods, or lands of such trustees or any of them be liable to execution of 
 any legal process by reason of any contract or other instrument so 
 entered into, signed, or executed by them, or any of them, or by reason 
 of any other lawful act done by them, or any of them, in the execution 
 of any of their powers as such trustees as aforesaid, and the trustees, 
 their heirs, executors, and administrators, shall be indemnified out of the 
 trust funds for all payments made or liabilities incurred in respect of any 
 acts done by them, and for all losses, costs, and damages which they may 
 incur in the execution of this Act, and the trustees for the time being 
 may apply the trust funds for the purposes of such indemnity. 
 
 28. It shall be lawful for the trustees to pay to any trustee all 
 travelling and other expenses incurred by him in or about the execution 
 of the said trusts or powers or any of them. 
 
 29. If any of the trustees hereinbefore named, or to be appointed as 
 hereinafter provided, shall die, or be declared a bankrupt, or file a. 
 petition for relief under any Act or Acts for the time being in force for 
 the relief of insolvent debtors, or make any composition with his creditors, 
 or cease to be a. member of some congregation in connexion with the 
 said general assembly of the Presbyterian Church in Ireland, or to 
 reside in Ireland, or shall be absent therefrom for a continuous period of 
 twelve calendar months, or shall, by writing under his hand, delivered to 
 the clerk for the time being of the said general assembly, express his 
 desire to be discharged, or shall refuse or become incapable to act, or 
 shall be removed from being one of the trustees by a vote of the said 
 general assembly, then land in any of such cases it shall be lawful for 
 the said general assembly at its annual meeting, or at any meeting 
 specially convened for such purpose, to appoint a person to fill such 
 vacancy (the successor to fill up such vacancy to be a minister if the 
 deceased or retiring trustee was or is a minister, or such successor to be 
 a layman if the deceased or retiring trustee was or is a layman) : Pro- 
 vided always, that no person shall be eligible to be elected a trustee 
 who at the time of holding any such meeting of the general assembly is 
 not and has not for a period of at least two years been a member of some 
 congregation in connexion with the said general assembly. 
 
 30. It shall be lawful for the trustees from time to time to make such 
 byelaws, rules, and regulations as may be deemed expedient respecting 
 the management and disposition of the trust property, estates, and effects 
 vested in them, the investment of trust moneys or funds, the transfer 
 of any moneys or funds so invested in or upon any other security, the 
 appointment of such and so many committees as may he considered 
 necessary for the despatch of business, and to delegate to them all or 
 any of the powers of the trustees, and to prescribe the powers and duties 
 each such committee shall possess and discharge, and to declare how 
 many members shall be on each committee, and how many present shall 
 be necessary to make a quorum of the trustees or of the said committees 
 respectively, the giving or sending notices for and the times, places, and 
 manner of their meetings, and for the general conduct, management, or 
 control of business affairs, times of meeting, and proceedings of the 
 trustees : Provided always, that the said byelaws, and every alteration, 
 repeal, or addition thereto, shall not come into force and effect until 
 approved of by the said general assembly of the Presbyterian Church 
 and such approval shall be duly evidenced by the same being signed by 
 the moderator for the time being of ihe said assembly, and the clerks of 
 assembly, or one of them ; and the said general assembly, at the annual 
 
34 & 35 victoria, cap. 24. 63 
 
 meeting Of assembly, or any meeting specially convened for the purpose, 
 may by the vote of a majority at such meeting approve of, revoke, repeal, 
 or alter, wholly or in part, all or any part of every or any such byelaw, 
 rule, or regulation as aforesaid, and substitute or make any other byelaw, 
 rule, or regulation in lieu thereof, as such general assembly shall think 
 fit ; and any instrument in writing which shall purport to be a byelaw, 
 rule, or regulation of the trustees, and which shall be sealed with the 
 common seal of the trustees when they are incorporated by charter as 
 aforesaid, or until incorporated shall be under the hands and seals of the 
 trustees, or any five of them, shall be received as prima facie evidence of 
 the same being such a byelaw, rule, or regulation in all courts and before 
 all justices, officers, and persons whomsoever : Provided always, that 
 the said bye-laws shall not at any time be altered by the trustees, nor any 
 new ones be added thereto, unless at a meeting of the trustees duly 
 convened for the purpose, and of which meeting fourteen days' notice 
 shall previously be given or sent to each trustee in such form as may be 
 provided by the byelaw for the time being as to notices, such notice to 
 specify the proposed alteration, repeal, or addition. 
 
 31. The vote of the majority of the members for the time being of Acts of 
 the general assembly present and voting at any meeting of the said general 
 assembly duly convened, shall be considered as the act of the assembly ass8m y ' 
 for any of the purposes for which said act is hereby rendered necessary ; 
 
 and all votes and proceedings of the said general assembly, which shall 
 be signed by the moderator thereof for the time being, and the clerks of 
 the said assembly, or one of them, shall be received as evidence that 
 same were passed at a meeting of the said assembly duly convened and 
 constituted. 
 
 32. Nothing in this Act contained shall be deemed or construed to Annuities 
 entitle any minister to receive any annuity under this Act, except so long payable 
 as he lives, and is continued in the ministry, by and with the consent of & u " ng hfe ' 
 the said general assembly. 
 
 33. The costs, charges, and expenses of and incident to the obtaining costs. 
 and passing of this Act and carrying same into effect, and the manage- 
 ment of the trust estate, shall be paid by the trustees out of the moneys 
 which are in or may come to their hands under the provisions of this 
 Act. 
 
 IV.— "The Glebe Loan (Ireland) Acts, 1870 to 1875." 
 
 Page 
 
 (a) Instructions for Procedure, 63 
 
 (6) The Glebe Loan Act, 1870, 65 
 
 (c) The Glebe Loan Acta, 1871 and 1875, • . 68 
 
 (a) Instructions for Procedure under " The Glebe Loan 
 
 ; (Ireland) Acts, 1870 to 1875." 
 
 The Commissioners of Public Works are empowered (until the 
 31st of August, 1878) with the sanction of the Lords Commissioners 
 of Her Majesty's Treasury, to make loans not exceeding two-thirds 
 of the amount required for any of the following purposes, viz. :— 
 
 Loans. — Class I. 
 The execution of any work consisting of the erection, enlarge- 
 ment, or structural improvement of any dwelling-house, offices, and 
 
64 THE GLEBE LOAN (IRELAND) ACTS. 
 
 inelosures for any " ecclesiastical person"* having spiritual charge, as 
 regards members of his own denomination, of any parish cn\ district 
 in -which such work is executed, or permanently officiating in any 
 church or chapel within such parish or district. 
 
 Loans. — Class II. 
 The purchase of any glebe, which means any piece or parcel of 
 land not exceeding in the whole ten acres, occupied or to be occu- 
 pied by any such ecclesiastical person. 
 
 Loans. — Class III. 
 The purchase of any dwelling-house, with or without offices, 
 deemed desirable for the residence of any such ecclesiastical person. 
 
 Loans. — Class IV. 
 The discharge of any debt incurred befoee the 10th August, 
 1870, in the purchase of any dwelling-house for any such ecclesias- 
 tical person, or in the purchase of any glebe-land, or in the erection, 
 enlargement, or structural improvement of any such dwelling- 
 house, offices, or inelosures. 
 
 The following conditions are enforced by the Board of "Works, 
 viz. : — 
 
 1. Every loan is to be repaid by an annuity or rent-charge at the 
 rate of £5 per cent, (principal and interest included) for a period of 
 thirty-five years, payable half-yearly, or the rent-charge may be 
 calculated at an increased per-centage, so as to pay off the loan 
 within a shorter period. 
 
 2. Persons to whom loans shall be granted for the execution of 
 any work shall, previously to the issue of the loan or any instal- 
 ment thereof, expend, secure, or deposit one-third of the estimated 
 cost of the proposed work. 
 
 3. The premises comprising the glebe or glebe-house and offices 
 will become charged with the loan by virtue of the Commissioners' 
 order under their seal, and as an additional security, the joint and 
 several bond of three solvent persons, two of whom must be laymen, 
 will be required in all cases (save those of the purchase of glebe- 
 land) to secure the payment of the half-yearly instalments of the 
 rent-charge and fire insurance premium, and the buildings must be 
 insured against damage by fire to such an amount as the Board 
 shall direct. The ecclesiastical person occupying the premises is 
 not eligible as a surety. 
 
 4. The ecclesiastical person for the time being occupying or 
 entitled to occupy the premises will be personally liable to the 
 payment of the rent-charge and of the premiums of fire insurance. 
 
 5. Applications for loans rmay be made by the ecclesiastical 
 person having spiritual charge, or by a layman interested in the 
 
 * J?br definition of this term, see Section 2 of Glebe Loan Act, 1870, post, page 66. 
 
k 33 & 34 victoria, cap. 112. 65 
 
 •welfare of, the parish or district ; but in every case the assent in 
 ■writing of the ecclesiastical person, if he be not the memorialist, 
 and all persons ■who are trustees of the site or dwelling-house, 
 must be given. 
 
 6. When the loan is for the purpose of discharging debts in- 
 curred prior to 10th August, 1870, a schedule should be annexed 
 to the memorial setting forth the creditor's name, address, and 
 post-town ; the sum due for principal and interest, if any, and the 
 nature and particulars of the security given for the debt. 
 
 7. Each memorial should be accompanied by the several docu- 
 ments therein referred to as being annexed, and the title must be 
 evidenced by the production of the deed or deeds shewing that the 
 premises are held in trust for ecclesiastical purposes, either in fee- 
 simple, fee-farm, lives renewable for ever, or for an unexpired term 
 of years sufficient to afford security for the payment of the annuity 
 or rent-charge reserved to the Commissioners. 
 
 Note. — Forms of memorials for loans can be obtained on application to the Secre- 
 tary, Office of Public Works, Custom House, Dublin, and the applicant should state 
 the precise object of the loan, as specified in classes I., II., III., IV. 
 
 (&) " The Glebe Loan (Ireland) Act, 1870." 
 33 & 34 Victoria, Cap. 112. 
 
 An Act to amend the Act of the first and second years of the reign 
 of His late Majesty King William the Fourth, chapter thirty- 
 three, in part, and to afford facilities for obtaining loans for the 
 erection, enlargement, and improvement of Glebe Houses, and 
 for the acquirement of lands for Glebes, in Ireland. 
 
 [10th August, 1870.] 
 
 Whereas, by an Act passed in the session of Parliament held in the 
 first and second years of the reign of His late Majesty King William the 
 Fourth, intituled "An Act for the extension and promotion of public works 
 in Ireland," it was amongst other things enacted, that it should and might 
 be lawful for the Commissioners of Public Works acting in the execution 
 of the said Act to make loans or advances for works on security, by 
 writing obligatory alone, upon the terms and conditions in the said Act 
 mentioned : , _ 
 
 And whereas it is expedient to afford facilities for obtaining loans for 
 the erection, enlargement, and improvement of glebe houses, and for the 
 acquirement of lands for glebes, in Ireland. 
 
 And whereas for the purposes aforesaid it is expedient to amend the 
 said recited Act and to authorize the said Commissioners of Public VV orks 
 in Ireland to make loans to the amount, upon the security, and in the 
 manner by this Act authorized : _ 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by and 
 
 jff t e —Previous to the passing of "The Irish Church Act, 1869," "ecclesiastical 
 uersons " connected with the late Established Church of Ireland were enabled to 
 acauire glebes by the Act 14 & 15Vict.,cap. 73. See Glebe Lands(Ireland) Acts,po»« 
 page 71, which also enable " ecclesiastical persons," of all religious denominations tg 
 
 acquire glebes. 
 
 F 
 
66 
 
 THE GLEBE LOAN (iHELAND) ACTS. 
 
 Short title. 
 
 Interpreta- 
 tion of 
 terms. 
 
 The Com- 
 missioners 
 of Publio 
 Works ma; 
 mako ad- 
 vances to 
 such amounts 
 as may be 
 sanctioned. 
 
 One third 
 of estimated 
 cost of work 
 to be se- 
 cured. 
 
 Loan only to 
 amount to 
 two thirds 
 of purchase 
 money of 
 glebe. 
 
 Security for 
 repayment 
 of loan for 
 work. 
 
 •with the advice and consent of the Lords Spiritual and Temporal, and 
 Commons, in this present Parliament assembled, and by the authority of 
 the same : 
 
 1. This Act may be cited for all purposes as "The Glebe Loan 
 (Ireland) Act, 1870." 
 
 2. In this Act — 
 
 The term " ecclesiastical person " means and includes any archbishop, 
 bishop, clergyman, priest, curate, or minister of any religious de- 
 nomination whatsoever : 
 
 The term "work"* means the erection, enlargement, or structural 
 improvement of any dwelling-house for any ecclesiastical person 
 having spiritual charge, as regards members of his own denomination, 
 of any parish or district in which such work is executed or perma- 
 nently officiating in any church or chapel within such parish or 
 district : 
 
 The term " glebe " means any piece or parcel of land, not exceeding 
 in the whole ten acres, occupied or to be occupied by any ecclesias- 
 tical person while having spiritual charge of any parish or district 
 in respect of which such glebe shall be purchased or acquired : 
 
 3. It shall be lawful for the Commissioners of Public Works in Ireland, 
 during the continuance of this Act, with the sanction of the Commissioners 
 of Her Majesty's Treasury, put of moneys issued to them or to be issued 
 to them in pursuance of the provisions of the several Acts in the schedule 
 to this Act annexed mentioned, to make loans to any person or persons 
 of such sums as the said Commissioners of Public Works may think right 
 and proper, upon the security and subject to the conditions by this Act 
 authorized for all or any of the purposes following ; (that is to say,) 
 
 1. The execution of any work. 
 
 2. The purchase of any glebe. 
 
 3. The discharge of any debt due and incurred before the passing of 
 this Act in the purchase of any dwelling-house for any ecclesiastical 
 person having spiritual charge, as regards members of his own de- 
 nomination, of the parish or district, in which such dwelling-house is 
 situate, or permanently officiating in any church or chapel within 
 such parish or district, or in the purchase of any glebe. 
 
 4. The person or persons to whom such loans shall be granted for the 
 execution of any work shall previously expend, secure, or deposit, in such 
 manner as the said Commissioners of Public Works shall direct, a sum 
 equal to not less than one third of the estimated cost of the construction 
 of the proposed work ; and no person or persons shall, for the purpose of 
 purchasing any glebe or discharging any debt incurred before the passing 
 of this Act in the purchase of any glebe be granted by way of loan a sum 
 greater than two-thirds of the purchase money to be paid or already paid 
 for such glebe. 
 
 5. The repayment of every loan which shall be made under the pro- 
 visions of this Act for the purpose of executing any work, or discharging 
 any debt incurred before the passing of this Act in the purchase of any 
 dwelling-house for any ecclesiastical person as aforesaid, shall be secured 
 by mortgage, bond, or otherwise, as the said Commissioners of Public 
 Works, with the approval of the Commissioners of Her Majesty'sTreasury, 
 may think right ; and every such security other than a mortgage shall be 
 entered into by at least three persons, the sufficiency and solvency of 
 which persons shall be made out to the satisfaction of the said Commis- 
 
 * For further definition of this term see Act of 1871, section 2, post, page I 
 
33 & 34 victoria, cap. 112. 67 
 
 sioners of Public Works, and shall be subject to such conditions as the 
 said Commissioners of Public Works, with such approval as aforesaid, 
 shall deem to be proper. 
 
 6. Every loan which shall be made under the provisions of this Act for Seourity for 
 the purchase of -any glebe or the discharge of any debt incurred before »p»y m ent 
 the passing of this Act in the purchase of any glebe shall be repaid by glebe!" *" 
 the payment of an annual rentcharge of the amount and for the time 
 hereinafter mentioned, and every such glebe shall be deemed to be and 
 
 shall be well charged with the payment of such rentcharge, and that in 
 priority of all charges and incumbrances whatsoever, save and except 
 quitrents and rentcharges in lieu of tithes, and also save and except all 
 charges prior in date, if any, existing under or by virtue of any of the 
 Acts mentioned in the schedule to this Act annexed ; and all the pro- 
 visions of the Act passed in the tenth and eleventh years of the reign of 
 Her present Majesty, chapter thirty- two, as to the recovery of rentcharges 
 payable thereunder, shall extend and apply to the recovery of rentcharges 
 charged under the provisions of this Act upon glebes.* 
 
 7. Every loan which shall be made under the provisions of this Act Loan to ba 
 shall be repaid by the payment to Her Majesty of an annual sum of five repaid by 
 pounds for every one hundred pounds of such loan from time to time sST 30 Viet, 
 advanced, and so on in proportion for any lesser amount, and to be payable <=• 40, s. 3. 
 for the term of thirty-five years, to be computed from the date of the 
 advance in respect of which the said annual sum shall be charged, such 
 
 annual sum to be paid by equal half-yearly payments on the fifth day of 
 April and tenth day of October in every year during the said term of 
 thirty-five years, with such apportionment, if any, as may be necessary in 
 respect of the first and last of such payments : Provided always, that the Kentoharge 
 amount of such annual sum may, by agreement, and with the sanction of oreaaod so~aa 
 the Commissioners of Her Majesty's Treasury, be increased to such" to repay sum 
 amount as will repay the sum so advanced sooner than the said period of * iv w<>& 
 thirty- five years hereinbefore appointed. timeap- 
 
 8. No mortgage, bond, obligation, security, contract, agreement, or pointed. 
 other instrument whatsoever executed under the provisions of this Act, Mortgages, 
 nor any memorial thereof for registration, shall be liable to any stamp un der'this' 
 duty whatever. A °t exempt 
 
 9. From and after the passing of this Act sections thirty-seven and £° t m * t ™P 
 thirty-eight of the Act of the first and second years of the reign of His Sects. 37 
 late Majesty King William the Fourth, chapter thirty-three, shall be and ?**??>?£ , 
 
 ,i J 1 i -I1J. ' 0=2. Will. 4, 
 
 the same are hereby repealed, t c. 33,r«- 
 
 10. The provisions of this Act, except the next preceding section, shall pealed, 
 continue in operation until the first day of September one thousand eight J^"' 1 ™ of 
 hundred and seventy-five, and no longer.J 
 
 Schedule. 
 
 1 <fc 2 Will. 4. c. 33. 
 10 & 11 Tict. c. 32. 
 
 12 Viot. c. 23. 
 
 13 & 14 Vict. c. 31. 
 29 & 30 ViCt. C. 40. 
 
 * The 39th section of the statute above cited empowers the Court of Chancery to 
 appoint a receiver where any gale of rentcharge is in arrear for twenty-one days, on 
 petition by the Attorney-General, and the 40th section enables the Attorney-General 
 to recover by Civil Bill where any rentcharge (not exceeding £50) is in arrear for 31 
 
 days, 
 t These sections do not specially affect glebe loans. 
 
 J Period changed by 34 & 35 Victoria, c. 100, to 31st August, 187o, and extended 
 
 by 38 & 39 Victoria, c. 30, to 31st August, 1878. 
 
()8 THE GLEBE LOAN (IRELAND) ACTS. 
 
 (c) The Glebe Loan Ireland Acts, ] 871 & 1875. 
 
 "The Glebe Loan (Ireland) Act, 1871."* 
 
 34 & 35 Victoria, Cap. 100. 
 
 An Act to amend " The Glebe Loan (Ireland) Act, 1870." 
 
 [21st August, 1871.] 
 
 33 &34 Vict. Whekeas by " The Glebe Loan (Ireland) Act, 1870,"the Commissioners 
 
 c. H2. f Public Works in Ireland are authorized to make advances out of 
 
 public money by way of loan for the several purposes in the said Act 
 mentioned : 
 
 And whereas it is expedient to amend and extend the provisions of the 
 said Act : 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with the 
 advice and consent of the Lords Spiritual and Temporal, and Commons, 
 in this present Parliament assembled, and by the authority of the same, 
 as follows : 
 
 Short title. 1- This Act may be cited as " The Glebe Loan (Ireland) Amendment 
 Act, 1871," and this Act and " The Glebe Loan (Ireland) Act, 1870," 
 shall be read together and construed as one Act ; and the said Acts may 
 be cited as " The Glebe Loan (Ireland) Acts, 1870 and 1871." 
 
 intorpreta- 2. The term " principal Act " in this Act shall mean " The Glebe Loan 
 
 tionoi terms. (i re l a nd) Act, 1870:" 
 
 The term " the board " in this Act or in any proceedings or document 
 under the same shall mean "The Commissioners of Public Works 
 in Ireland :" 
 
 The term " work " in the principal Act used shall also include offices 
 and inclosures. 
 
 inoorpora- 3. The board for the purposes of the principal Act and of this Act shall 
 tion of Com- De incorporated under the style of " The Commissioners of Public Works 
 
 missioncrs of . r\ , , , •> . ., . . Tin, 
 
 PublicWorks in Ireland, ana by that name shall have succession, and shall have a 
 
 in Ireland, common seal, to be by them made and from time to time altered as they 
 
 shall think fit ; and all courts, judges, justices, and persons judicially 
 
 acting, and other officers shall take judicial notice of such seal, and every 
 
 order or other act of the board in reference to the principal Act or this 
 
 Act, or copies of the same purporting to be sealed with such seal, shall be 
 
 received in evidence without further proof. 
 
 Additional 4. In addition to the purposes for which loans may be made, as stated 
 
 Ptoses for ; n sec tion three of the principal Act, the board may also make loans in 
 
 may bo the manner and subject to the conditions therein mentioned for either of 
 
 granted. the purposes following, viz. : — 
 
 1 . The purchase of any dwelling-house, with or without offices, deemed 
 desirable for the dwelling-house of any ecclesiastical person, such 
 loan not to exceed two-thirds of the purchase money : 
 
 2. The discharge of any debt'due and incurred before the tenth day of 
 August, one thousand eight hundred and seventy, in the erection, 
 enlargement, or structural improvement of any such dwelling-house 
 or offices thereto annexed, such loan not to exceed two-thirds of the 
 amount expended on such building. 
 
 * The Glebe Loan (Ireland) Act, 1S75, merely extends the period during which loans 
 may be made until 31st August, 1S7S, and has not therefore been printed in extenso in 
 this work. 
 
34 & 35 victoria, cap. 100. 69 
 
 5. Every such loan made under this Act shall be repaid by the payment Security 
 of an annual rentcharge as in the principal Act mentioned, and all lands, f0rth "° 
 buildings, and premises in respect of which any such loan shall be made E* 
 shall be deemed to be and shall be well charged with the payment of such 
 rentcharge, and that in priority to all charges and incumbrances whatso- 
 ever affecting such estate or interest, save and except quitrents and rent- 
 charges in lieu of tithes, and except all charges prior in date (if any) 
 existing under any of the Acts mentioned in the schedule to the principal 
 
 Act : Provided always, that in case such lands, buildings, or premises 
 shall be held under any grant or demise, nothing therein contained shall 
 prejudice or affect the right of the grantor or lessor in any such grant or 
 demise, or of any superior grantor or lessor ; and every such rentcharge 
 shall be recovered in like manner as any rentcharge under the principal 
 Act. 
 
 6. When any loan shall be made under the principal Act or this Act, insurance of 
 the board, if they think fit, may insure against damage by fire all build- premises sub- 
 ings and erections then or thereafter standing or being on the lands, ■ ject t0 loal1, 
 hereditaments, and premises charged with such loan, such insurance to be 
 effected in such insurance office or company, and in such sum of money, 
 
 not exceeding the amount of such loan, as the board shall from time to 
 time direct ; and the board shall keep on foot such insurance as aforesaid, 
 and all premiums paid thereon by the board shall be deemed to be in- 
 cluded in all charges and securities whereby repayment of such loan shall 
 be secured, and shall be forthwith recoverable in like manner as any in- 
 stalment of the rentcharge payable in respect of such loan. 
 
 7. In all cases of loans under the principal Act or this Act, the board Commis- 
 shall make an order under their seal, declaring that such loan has been sl0I j'' rs t0 
 made, and setting forth the amount of such loan, the names of the persons order under 
 to whom or on whose application the same has been made, and a descrip- thoir seal - 
 tion of the lands, hereditaments, or premises charged therewith, and such 
 
 order may be in the form set forth in the schedule to this Act, or to a 
 similar effect. 
 
 8. In all cases where the board shall have made any such order they Commis- > 
 shall execute under their common seal a duplicate hereof, and forthwith sionera t0 
 
 »* ^ register 
 
 cause the said duplicate order to be lodged with the registrar of deeds in order for 
 the office for registry of deeds in the city of Dublin, and the registrar of loan - 
 the said registry office, his and their assistants, deputies, and other officers, 
 shall register the same in the same manner as any deeds or instruments 
 are registered in said office, and shall enter a memorial thereof in the 
 abstract books and indexes of or relating to memorials registered and kept 
 in the said office, and shall return such registry in any search made in 
 such registry office : Provided always, that no fees shall be payable in 
 respect of such registration. 
 
 9. From the date of such order, the lands, hereditaments, and premises The premises 
 therein mentioned shall become charged with the rentcharge to be payable '? beoome 
 
 . „ , ,. .°. nl i • k -i i chargeable 
 
 in respect of any loan under the principal Act or this Act, and every such with the 
 order shall be conclusive evidence of all facts stated therein in pursuance payment of 
 of the provisions of this Act. re " c arg8 ' 
 
 10. The rentcharge reserved to Her Majesty under the principal Act Rentcharge 
 or this Act shall be paid to the board, and the receipt of the accountant t h board. ° 
 of the board for the time being shall be a sufficient discharge for the 
 
 same. 
 
 11. The ecclesiastical person for the time being occupying or entitled Ecclesiastical 
 to occupy the lands, buildings, or premises in respect of which any loan S^IJpjtio^ 
 shall have been made under the principal Act or this Act shall be deemed &c, to pay 
 personally liable to pay and discharge the annual rentcharge and arrears r<a >toharge. 
 
Certificate of 
 amount due 
 to be 
 evidence. 
 
 Power to 
 redeem 
 
 rentcharge. 
 
 Sect. 10 of 
 principal 
 
 .Act repealed. 
 
 70 THE GLEBE LOAN (IRELAND) AC*g. 
 
 thereof, premiums of insurance, and other moneys on account of such loan 
 accruing due during the term or interest of such person. 
 
 All the powers and provisions contained in the Acts mentioned in the 
 schedule to the principal Act, and relating to the recovery of rentcharges 
 under the provisions of the said Acts, shall apply to the recovery of rent- 
 charges under the provisions of the principal Act and of this Act. 
 
 12. In any proceedings which shall be taken for recovery of any rent- 
 charge aforesaid or premium of insurance, a certificate under the seal of 
 the board certifying that a loan has been made under the principal Act 
 or this Act, and the amount thereof, and the annual amount of rentcharge 
 payable in respect thereof, and the lands, hereditaments, and premises 
 charged therewith, and the annual amount of fire insurance premiums or 
 other moneys payable in respect of the premises the subject of such loan, 
 and the amount due in respect of such rentcharge, premiums, and moneys 
 respectively, shall be conclusive evidence in all judicial proceedings of the 
 matters therein certified. 
 
 13. Any ecclesiastical person entitled to occupy any lands, buildings, 
 or premises in respect of which any loan may have been made subject to 
 any such rentcharge as aforesaid shall be at liberty, at any time before 
 the expiration of the period for which such rentcharge shall be payable, 
 to redeem the same, on payment to the board of the arrears, if any, 
 thereof, and of such sum as shall be equal to the value of such rentcharge, 
 to be ascertained by the said board, and upon the expiration or redemption 
 of such rentcharge, and on payment of all premiums or other moneys 
 payable in connexion therewith, and of all costs, charges, and expenses 
 (if any) incurred in any proceedings to recover the same, the board shall 
 execute under their seal and deliver to such ecclesiastical person a certifi- 
 cate stating that all moneys chargeable upon such lauds, buildings, and 
 premises have been paid, and the board shall also execute a duplicate 
 certificate to the like effect, and the board shall cause such duplicate cer- 
 tificate to be registered in the like manner as the order hereinbefore 
 mentioned in the office for the registry of deeds in the city of Dublin, and 
 for which registration no fee shall be payable, and upon the execution 
 and delivery of such certificate the lands, buildings, and premises so men- 
 tioned therein shall be released from all liability in respect of such loan. 
 
 14. The tenth section of the principal Act is hereby repealed, and in 
 lieu therof it is hereby enacted, that no loan under the provisions of the 
 principal Act or this Act shall be made after the thirty-first day of 
 August which will be in the year one thousand eight hundred and seventy- 
 five.* 
 
 Schedule. 
 
 " The Glebe Loan (Ireland) Acts, 1870 and 1871." 
 
 Charging Order. 
 
 "Whereas under the provisions of the above-mentioned Acts the Commissioners of 
 Public Works in Ireland have made a loan of the sum of £ ' upon the 
 
 application of in the county of for the purpose of 
 
 Kow we the said Commissioners do hereby order and declare that the lands, here- 
 ditaments, and premises to be charged with the said loan are as follow ; that is to say, 
 situate in the parish of barony of in the county or 
 
 county of the city of 
 
 In witness whereof we the said Commissioners of Public Works in Ireland have 
 hereunto and to a duplicate hereof affixed our common seal, this day of 
 
 in the year of our Lord 187 , 
 
 * Period extended to 31st August, 1378, by Snd section of 38 & 89 Victoria, cap, 89. 
 
38 & 39 VICTORIA, CAP. 11. 71 
 
 V.— The Glebe Lands (Ireland) Acts. 
 
 Page 
 (a) "The Leasing Powers Amendment Act for Religions Purposes in Ireland, 
 
 1875," ij\ 
 
 (6) " The Glebe Lands Representative Church Body (Ireland) Act, 1875," . 76 
 
 (a) " The Leasing Powers Amendment Act for Religious 
 Purposes in Ireland, 1875." 
 
 38 & 39 Victoria, Cap. 11. 
 
 An Act to enable limited Owners to grant or. demise Lands for 
 Glebes in Ireland.* 
 
 [13th May, 1875.] 
 
 Whereas it is expedient to extend the benefits of the " Leasing Powers 
 Act for Religious Worship in Ireland, 1855," to the late Established 
 Church of Ireland, hereinafter described as the "said Church:" 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by 
 and with the advice and consent of the Lords Spiritual and Temporal, 
 and Commons, in this present Parliament assembled, and by the autho- 
 rity of the same, as follows : 
 
 1. This Act may be cited for all purposes as " The Leasing Powers short title of 
 Amendment Act for Religious Purposes in Ireland, 1 875," and this and Aot - 
 
 the said before-mentioned Act of 1855+ shall be read together as one Act. 
 
 2. The term " lessee " shall include the Representative of the said Lessen. 
 Church. 
 
 3. The said Leasing Powers Act for Religious Worship in Ireland, Leasing 
 1855, shall, as hereby amended, be held and construed to extend to the ^"extended 
 said Church, and all the rights, powers, privileges, and liabilities in said tojiotestant 
 Act contained in reference to congregations not belonging to the late J??,' 80 ',' 1 ™ 1 
 Established Church of Ireland shall be deemed and held to apply and Ireland, 
 are hereby extended to the said Church, so far as the nature of the case 
 
 may permit. 
 
 4. Where any lease or grant shall have been made before the passing Surrender of 
 of this Act for any of the purposes in this Act mentioned, and for a " ertam i oase3 
 period less than the term for which a lease may be made under this Act, may be 
 
 it shall be lawful for the person enabled to make a lease of such land accepted, 
 under this Act to accept a surrender of such existing lease or grant, and i ea3e mado. 
 make a new lease under this Act of the same land, or of the same land 
 and any other land in conjunction therewith ; provided that the entire 
 quantity comprised in such new lease shall not exceed five acres. 
 
 5. This Act shall extend to Ireland only. Jet"' °' 
 
 » This Act was passed in consequence of " The Irish Church Act, 1869," having 
 rendered inoperative the provisions of the Ecclesiastical Residences Act of 1851 (14 
 &, 15 Vic, o. 73), which enabled " Ecclesiastical Persons " connected with the late 
 Established Church of Ireland to acquire glebes up to 26th July, 1869. 
 
 t See Act of 185S on next page. 
 
72 THE GLEBE LANDS (IRELAND) ACTS. 
 
 The following is the statute cited in the foregoing Act, entitled : — 
 
 " The Leasing Powers Act for Religious Worship in Ireland, 
 1855," now incorporated with " The Leasing Powers Amend- 
 ment Act for Religious Purposes in Ireland, 1875."* 
 
 18 & 19 Victoria, Cap. 39. 
 
 An Act to facilitate Grants of Lands and Tenements for the Pur- 
 pose of Religious Worship and other Purposes connected there- 
 with. [26th June, 1855.] 
 
 Whereas many congregations of persons not belonging to the Estab- 
 lished Church in Ireland have been and are in many cases prevented 
 from erecting suitable buildings for religious worship, and for the resi- 
 dence of their clergymen, ministers, and pastors, and schoolhouses for 
 the education of their children, and from providing suitable burial- 
 grounds, by the difficulty of obtaining leases of land of sufficient duration 
 for such purposes, and in many cases have been obliged to use for the 
 purposes aforesaid lands granted or demised for terms of short or uncer- 
 tain duration, and it is expedient that tenants for life and other persons 
 having limited interests in lands should be enabled for the purposes 
 aforesaid to make grants or leases for any period not exceeding the 
 estate or interest out of which such limited interest is created, and to 
 accept surrenders of and convert into leases for such extended period 
 any leases of short or uncertain duration already made for such purposes 
 or any of them : Be it therefore enacted by the Queen's most Excellent 
 Majesty, by and with the advice and consent of the Lords Spiritual and 
 Temporal, and Commons, in this present Parliament assembled, and by 
 the authority of the same, as follows : 
 Interpreta- 1 • I n tne construction of this Act the words " Grantor " or " Lessor " 
 tion 01 terms, shall extend to a body politic, corporate, or collegiate, making grants or 
 
 The word " Lessee " shall include the personal representatives of any 
 lessee and his lawful assigns : 
 
 The word " person " shall include any body politic, corporate, or 
 collegiate : 
 
 The expression " perpetual interest" shall comprehend, in addition to 
 any greater interest, any estate for one or more than one life, with 
 or without a term for years, or for years, whether absolute or 
 determinable on one or more than one life, with a covenant or 
 agreement by a party competent thereto for perpetual renewal : 
 
 The expression " successors in estate" shall extend to and include the 
 persons entitled for the time being after the lessor to the actual 
 receipt of the rents and profits of the lands comprised in the lease, 
 under the same title, settlement, or will with the lessor, or under 
 ; the exorcise of any power affecting such title or continued in such 
 settlement or will, and who but for the making of the said lease 
 would be entitled to possession of the lands, or to the possession 
 subject to any other existing lease or tenancy : 
 
 The word " entitled" shall mean entitled either legally or equitably : 
 
 * See note to 38 & 39 Vic, c. 11, ante, page 71. 
 
 N.B. — Vide special powers given to trustees of the Presbyterian Church in Ire- 
 land to hold land for manses, &c, by the Act 34 Victoria, cap. 24, sec. 14 ante 
 page 59. ' ' 
 
18 & 19 Victoria, cap. 39. ' 73 
 
 The Word " settlement " shall include every assurance or connected 
 set or series of assurances, whether by deed, will, private Act of 
 Parliament, or otherwise, by which lands are or shall be limited in 
 a course of settlement, or agreed so to be. 
 
 2. In citing this Act in any instrument, document, proceeding, or Act short title. 
 of Parliament, it shall be sufficient designation to use the expression, 
 
 " The Leasing Powers Act for Religious Worship in (Ireland), 1855." 
 
 With respect to the persons hereby empowered to make leases : 
 
 3. Every person hereinafter described entitled in possession to any p wer to 
 estate or interest hereinafter named in lands in Ireland, or to the receipt mlke 'eases 
 of any rents and profits thereof, whether or not such estate shall be ^ot more 
 subject to any mortgage or other incumbrance (provided the incum- than five 
 brancer shall not be in possession) shall have power to make leases of a °]\ el! . f ° r 
 any part of the said lands, (other than the mansion house and demesne purpose's, 
 lands or parks, plantations, gardens, orchards, or pleasure grounds and 
 appurtenances belonging to or usually occupied with such mansion house,) 
 
 and not exceeding in the whole five acres, for the purposes and periods 
 of time, and subject to the rents, rights of apportionment of rent, cove- 
 nants, and conditions herein stated ; (that is to say,) 
 
 (1.) Her Majesty the Queen and her successors ; the Commissioners 
 of Her Majesty's Woods and Forests in respect of lands situate in 
 the kingdom of Ireland : 
 
 (2.) Tenants in fee-simple or fee- farm, or seised of any other perpetual 
 estate subject to any mortgage or incumbrance : 
 
 (3.) Tenants in tail or quasi-entail of an estate of inheritance or 
 perpetual interest : 
 
 (4.) Tenants for the term of their own lives, not being jointresses, 
 or for the life or lives of any other person or persons, or for so many 
 years as they may live, or any partial owner, for an unexpired term 
 of years not being less than sixty years in its inception, and whether 
 absolute or determinable on a life created out of an estate of inheri- 
 tance or perpetual interest by any settlement, and not in considera- 
 tion of or subject to any rent reserved thereby : 
 
 (5.) Married women entitled to any estate specified in numbers (2), 
 (3), or (4) for their separate use, and whether restrained or not 
 from anticipation : 
 
 (6.) Tenants by the courtesy of England : 
 
 (7.) Husbands seised in right of their wives, or by entireties with their 
 wives, provided that the wife is entitled to any such estate as is 
 specified in Number (2), but whether subject to any incumbrance 
 or not, or in Numbers (3) or (4), and shall be a consenting and 
 executing party to the lease, not being under age : 
 
 (9.) Corporations lay, eleemosynary, and collegiate, whether aggregate 
 or sole : Provided, that no lease made by any municipal corporation 
 or Board of Guardians of the poor shall be valid without the licence 
 in writing in the case of a municipal corporation of the Commis- 
 sioners of Her Majesty's Treasury, and in the case of such Board of 
 Guardians of the poor of the Poor Law Commissioners for Ireland, 
 such licence to be written on or annexed to the said lease : 
 
 (10.) Trustees and feoffees of charitable uses of a public nature, and 
 seised or possessed of an estate in fee-simple, fee-farm, or other 
 perpetual interest : 
 
 (1 1 .) Trustees under any will or settlement entitled in fee-simple or 
 for a perpetual interest or to any estate specified in Number (4), 
 and having a power to sell the same : Provided, however, that when 
 
74 
 
 THE/GLEBE .LANDS (IRELAND) ACTS. 
 
 parties, 
 guardians, 
 &c. may 
 make leases, 
 
 such power is to be exercised with the consent of any person no such 
 
 lease shall be valid without such consent. 
 
 And with respect to cases of disability of parties otherwise entitled to 
 
 make leases : 
 
 In cases of 4. In case any person (not being a trustee or feoffee of charitable 
 
 disability of uses f a public nature) who would be entitled to make leases under this 
 
 ""' act or otherwise shall happen to be under any of the following disabilities 
 
 or incapacities, the power shall be exercised in his or her name and on 
 his or her behalf in the following manner : If under the age of twenty- 
 one years by his or her guardian appointed by will or settlement, or by 
 the Court of Chancery ; and if such person have no guardian, it shall be 
 lawful for the Court of Chancery in Ireland, on petition in a summary 
 way, to appoint a guardian of such person under age, for the purpose 
 of executing any lease under this Act, in the manner aforesaid, and to 
 change him from time to time, and the power shall be executed by the 
 guardian so appointed : If lunatic or idiot, or non compos mentis, by the 
 committee of the estate ; and if there shall be no committee of the estate, 
 or no inquisition finding such person idiot or lunatic, it shall be lawful 
 for the Court of Chancery in Ireland, by petition in a summary way, to 
 appoint a guardian of such person, for the purpose of executing any 
 lease under this Act, and to change such guardian from time to time, and 
 the power shall be executed as aforesaid by the guardian so appointed : 
 Provided always, that no lease made under this Act of the estate of any 
 person under age or of unsound mind or non compos mentis shall be valid 
 without the consent of the Court of Chancery, to be obtained in a sum- 
 mary manner by petition to the said Court of Chancery by any party 
 interested thereon. 
 
 The purposes and periods of time for which leases may be made under 
 this Act shall be as follows : 
 
 5. A lease made by a person empowered by this Act may be made of 
 any quantity of land, not exceeding in the whole five acres, for a site 
 for a place of worship for such congregation, and for the residence of 
 their clergymen, ministers, or pastors, and for the erection of a school 
 or schools and school- accommodation in connexion therewith, and for a 
 burial-ground for the interment of its deceased members, or for any one 
 or more of such purposes, and such leases may be made in fee-farm, or < 
 for any term not exceeding nine hundred and ninety-nine years. 
 
 6. Where any lease or grant shall have been made before the passing 
 of this Act for any of the purposes aforesaid, and for a period less than 
 the term for which a lease may be made under this Act, it shall be lawful 
 for the person enabled to make a lease of such land under this Act to 
 accept a surrender of such existing lease or grant, and make a new lease 
 under this Act of the same land, or of the same land and any other land 
 in conjunction therewith, provided that the entire quantity comprised in 
 such new lease shall not exceed five acres. 
 
 7. The rent reserved in any lease made under this Act shall be the 
 best improved rent that at the time of making such lease can be obtained 
 or reasonably expected from a solvent tenant without fine or considera- 
 tion of any kind : Provided always, that in case of the surrender of an 
 existing lease, and the grant of a new lease, of the same land, under 
 Section 6, the value of any buildings, erections, or improvements on said 
 lands theretofore made for any of the purposes aforesaid shall not be 
 taken into account in estimating the rent to be reserved in such new 
 lease. 
 
 8. Every lease made under this Act shall specify the purposes for 
 
 Forms of 
 leases under 
 this Act. 
 
 Provisions 
 as to leases 
 made pre- 
 vious to tbe 
 Act. 
 
 Rent re- 
 served in any 
 lease to be 
 the best 
 improved 
 rent. 
 
 Conditions 
 
i8 & 19 VICTORIA, CAP. 39. 75, 
 
 which it shall be made, and shall imply the following covenants, condi- to. of leases 
 tions, and agreements on the part of the lessee, his heirs, executors, *£j e ■i ,e ° i " 
 and administrators, with the lessor, his executors, administrators, and 
 successors in estate, and the same shall be as effectual and binding as if 
 they were expressly inserted in such lease : 
 
 That the lessee shall pay, when due, the rent reserved, and all taxes 
 
 and impositions payable by the tenant : 
 That the lessee shall repair, maintain, and keep the demised premises 
 
 during the term in good and substantial repair, with all buildings, 
 
 fixtures, and improvements : 
 That the demised premises shall be applied for no other purposes than 
 
 those expressed in the lease, or of the like nature, and in default 
 
 thereof it shall be lawful for the lessor and his successors in estate to 
 
 re-enter : 
 That in case the said lands shall not be used for any of the .purposes 
 
 expressed in said lease for a period of three years, it shall be lawful 
 
 for the lessor and his successors in estate to re-enter : 
 That it shall be lawful for the landlord and his agent at all reasonable 
 
 times to enter on and inspect the premises : 
 Also to re- enter in case of any unlawful assignment or subletting. 
 
 9. The rents reserved and the covenants and conditions contained or Roservod 
 implied in any lease made under this Act shall enure to the persons who £™',^ s nf 
 for the time being would, if such lease had riot been made, be entitled to lease to 
 the nctual possession of the lands comprised in the said lease, or to the enure t0 
 receipt of the rents and profits thereof, according to their estates and |J„!er. 
 interests therein. 
 
 10. Every lease made under this A.ct shall be by indenture sealed and Lease to be 
 delivered by or on behalf of the lessor in the presence of one or more (^ nd8n " 
 than one witness, and a counterpart of every such lease shall be executed 
 
 by the lessee thereof. 
 
 And with respect to the force and efficacy of leases to be made pur- 
 suant to this Act, be it enacted as follows : 
 
 11. Every lease made pursuant to the provisions of this Act shall be Lease to bo 
 valid and effectual to bind the lessor, his heirs, executors, administrators, Jading on 
 
 • in i j • • lessor, nis 
 
 assigns, and successors in estate, and all persons whomsoever deriving heirs and 
 under the same title or settlement as that under which the lessor derives, successors in 
 and notwithstanding any entail, law, or custom to the contrary, and 
 whether there be any leasing power annexed or belonging to the estate 
 of such lessor, but so as not to prejudice or interfere with any other power 
 of leasing to him belonging. 
 
 12. Where any lease made in the intended exercise of any supposed informality 
 leasing power conferred by this or any other Act of Parliament, or by l*^™^ 6 ,*" 
 any settlement, shall be invalid by reason of the lessor not having at the affect the 
 time power to make such lease, and the estate of such lessor in the lands Iease - 
 comprised in such lease shall have continued or shall have accrued and 
 continued until after such lease might have been lawfully granted, such 
 
 lease shall take effect out of such estate, anil be as valid as if it had been 
 granted at such last-mentioned time, provided such lease had not been 
 then already surrendered or relinquished. 
 
 13. Where any lease shall be made by a lessor having a power of Lease, in 
 leasing the lands comprised in such lease, and such lease cannot take p' r ,J"° ° f aIid 
 effect or have continuance independently of such leasing power, every though not 
 such lease shall take effect and be as valid as if the same were intended expressed. 
 and had been expressed to have been granted in exercise of the said 
 power, although such power be not referred to. 
 
76.' THE GLEBE LANDS (IRELAND) ACTS. 
 
 (b) "The Glebe Lands Bepresentative Church Body (Ireland) 
 
 Act, 1875." 
 
 38 & 39 Victoria, Cap. 42. 
 
 An Act to enable certain Corporate Bodies to hold Land for Glebes 
 in Ireland. [19th July, 1875.] 
 
 WHEKEAsby the Irish Church Act, 1869,* it was, amongst other things, 
 enacted that the union between the Churches of England and Ireland 
 should be dissolved, and that the said Church of Ireland, in the said 
 Act and hereinafter referred to as the " said church," should cease to be 
 established by law : 
 
 And whereas in pursuance of the said Act Her Majesty was pleased 
 to incorporate by Royal Charterf the representative body of the said 
 church, under the name of the Representative Church Body : 
 
 And whereas it is expedient to extend to the said church and the said 
 Representative Church Body the same powers and privileges which are 
 possessed by other religious bodies in Ireland in reference to the pur- 
 chase, holding, and selling of land : 
 
 And whereas many clergymen in Ireland are prevented from obtain- 
 ing suitable residences in consequence of not being able to enter into 
 valid contracts whereby they may deprive themselves of the right to 
 make claims under the Landlord and Tenant (Ireland) Act, 1870, and it 
 is expedient to alter the law in that respect : 
 
 And whereas it is expedient to give to the said Representative Church 
 Body the same right to recover compensation for malicious injuries to 
 churches legally vested in them, which, before the passing of the said 
 Church Act, was possessed by the Ecclesiastical Commissioners for Ire- 
 land: 
 
 Be it enacted by the Queen's most Excellent Majesty, by and with 
 the advice and consent of the Lords Spiritual and Temporal, and Com- 
 mons, in this present Parliament assembled, and by the authority of the 
 same, as follows : 
 
 Title of Act. 1. This Act may be cited for all purposes as " The Glebe Lands 
 
 Representative Church Body, Ireland, Act, 1875." 
 Power to 2. It shall be lawful for the said Representative Church Body to invest 
 
 invest funds a u m0 neys vested in them for that purpose in the absolute purchase, or 
 ™c. P of C ]aiids ™ procuring leases or fee-farm grants subject to annual or other rents, 
 for glebes, and with or without fines, of lands for the erection thereon of churches, 
 cmdin"* °* or °^ glebes for the use of the clergymen of said church, or for schools 
 thirty acres or other buildings in connexion with said church buildings, or for other 
 for each church purposes, the lands so to be purchased not to exceed thirty acres 
 for each glebe, or to permit such clergymen and congregations to occupy 
 and use the same at such rent and upon such terms and conditions as 
 the Representative Church Body shall think fit ; and the Representative 
 Church Body may execute all such deeds, grants, leases, or other docu- 
 ments as may be necessary for the purpose aforesaid, 
 rower to vest 3. It shall be lawful for the trustees of any college, church building, 
 coiicgcsi, school-house, glebe, or other real property, whether freehold or chattel, 
 in'gsT&e^'in" or an y personal property held in trust for the said church or any congre- 
 trustees. gation in connexion therewith, or any person or persons in whom the 
 same may be vested, if they or he respectively shall think fit, to grant, 
 assign, or otherwise vest in the said Representative Church Body, with 
 their concurrence, such college, church building, school-house, glebe or 
 
 * See Act, ante, page 1. t See Charter, post, page 169. 
 
38 & 39 Victoria, cap. 42. 77 
 
 other real property, whether freehold or chattel, or any personal property, 
 to be held by the said Representative Church Body upon such trust and 
 subject to such rights as at the time of such grant, assignment, or vesting 
 affected the same respectively, and the former trustees shall be thereupon 
 released from the trusts thereof respectively. 
 
 _ 4. It shall be lawful for any person whomsoever, entitled so to do, to Power to 
 give, grant, devise, bequeath, or assure, by any deed, will, or other J old 1 ^ ds 
 instrument sufficient in law to create or convey an estate therein, any & ° r . 00 '' gos 
 messuages, lands, hereditaments, or any estate therein, to the said 
 Representative Church Body for any college, or for any church, glebe, 
 building, or school-house in connexion with any congregation or church : 
 Provided always, that under the provisions aforesaid or otherwise not 
 more than thirty acres shall be held in trust for any congregation, nor 
 more than one hundred acres in trust for any college : Provided always, 
 nevertheless, that any such gift, grant, bequest, or assurance of lands 
 in excess of the acreage hereby authorized to be held as aforesaid shall 
 be void as to the excess only. 
 
 5. The said Representative Church Body may from time to time sell, p wer to 
 lease, exchange, or otherwise dispose of, on such terms and in such man- sell surplus 
 ner as they think fit, or mortgage, any lands vested in them, and not an "' 
 being otherwise required for purposes of the said church or any of the 
 colleges or congregations connected therewith, and may enter into, exe- 
 cute, and do all contracts, assurances, and things necessary or proper in 
 
 that behalf; and every such sale or lease as aforesaid may be made either 
 absolutely for a sum in money, or for any annual rent or rents, to be 
 made payable as the said Representative Church Body direct, or partly 
 for a sum of money and partly for such rent or rents as aforesaid, as the 
 said Representative Church Body think fit, and the said Representative 
 Church Body may afterwards sell any rent so to be made payable. 
 
 6. It shall be lawful for any ecclesiastical person to make and enter E cc i os iasti- 
 into a good and valid contract with any lessor for the occupation of any cal persons 
 glebe house and lands, although by such contract such ecclesiastical aemslwra' 
 person may be deprived of his right to make any claim under any of the out of Land- 
 sections or provisions of the Landlord and Tenant (Ireland) Act, 1870, i^™ t d (Ire . 
 any restriction or provision in the said Act to the contrary notwith- ] ariQ ) Act," 
 standing. '" i7u - 
 
 7. In section seventy- two of Act third and fourth William the Fourth, Amendment 
 chapter thirty-seven, and section twenty of fourth and fifth William the Sfa^w. 4 
 Fourth, chapter ninety, the words " United Church of England and . 37, s. 72,' 
 Ireland" shall be held and construed as applying to "the said church" ^ d ^ 6 go 
 alone, and the said Acts shall be construed as if the words " Repre- s . 20/ ' ' 
 sentative Church Body" had been and were substituted for the words 
 
 " Ecclesiastical Commissioners," and the said sections of the said Acts 
 so altered shall be and continue in full force and effect.* 
 
 8. The term "glebe" in this Act shall mean and include any house, Glossary, 
 with the piece or parcel of land attached thereto, occupied or to be 
 occupied by any ecclesiastical person while having spiritual charge of 
 
 any parish or district to which such house and land shall have heretofore 
 belonged, or for which it shall be or shall have been granted or pur- 
 chased or required as a residence for such ecclesiastical person whilst 
 having such spiritual charge ; and the term " ecclesiastical person" shall 
 mean and include any archbishop, bishop, and clergyman of the said 
 church. 
 
 9. This Act shall extend to Ireland only. ofAoT 
 * See Sections of Statutes cited, on following pages ; also Section 11 of " The Irish 
 
 Church Act, 1869," ante, page S. 
 
78 
 
 THE GLEBE LANDS (IRELAND) ACTS. 
 
 Judge or 
 Judges of 
 Assize, &o., 
 may grant 
 compensa- 
 tion for 
 malicious 
 injury or 
 damage to 
 churches, to 
 be levied 
 by Grand 
 Jury pre- 
 sentment. 
 
 TrayerBe of 
 Presentment 
 above £5 to 
 he tried at 
 sam" or next 
 Asa-ies. 
 
 Extracts from Statutes referred to in the seventh section of the 
 foregoing Act : — 
 
 3 & 4 William IV., cap. 37. 
 " Sectioh LXXII. 
 
 " And be it further enacted, 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 demol- 
 " ished, pulled down, burned, or set fire to, or in any manner maliciously 
 " or wantonly injured or damaged, it shall and may be lawful for the 
 " said Ecclesiastical Commissioners, or any person or persons to be by 
 " them deputed in that behalf, by writing under their common seal, to 
 " sue for and recover satisfaction and amends for such malicious or 
 " wanton demolition, burning, 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 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 Bench for the said county of Dub- 
 " lin, or to the recorder of the city of 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 com- 
 " mitted, and the particular amount and nature thereof, by what number 
 " of persons such injury or damage was 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 
 " impannelled and sworn at such assizes or presenting term or sessions, 
 " on the oath of such person or persons as may be produced 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 direc- 
 " tions 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, 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 moneys 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 he tried at 
 
. 38 & 39 viCTOBiA, cap. 42. 79 
 
 " 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 present- 
 
 " ment shall be discharged, otherwise the same shall be final and conclu- 
 
 " sive 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 Commissioners, or Notice tho™- 
 
 " the person or persons by them deputed as aforesaid, or the rector, of to bo gw™ 
 
 " curate, or other officiating minister, or, in case of vacancy of the Jaya'aft™ 
 
 " benefice, any two inhabitants of the parish, within thirty days after offence oom- 
 
 " such offence shall have been committed, shall give notice thereof to the mittei - 
 
 '' 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." 
 
 4 & 5 William IV., cap. 90.* 
 
 " Section XX. 
 
 " And be it further enacted, that in case any such wanton and mali- Componsa- 
 " cious injury or damage as in the said recited Act mentionedf shall be tion&rma- 
 " committed in or to any church, chapel, or other building used for r iesto 
 " religious worship according to the usage of the United Church of England chnrohea 
 "and Ireland, it shall and may be lawful for the said Ecclesiastical ™H yc °, .^ 
 " Commissioners, or any person or persons to be by them deputed in that eithor at 
 " behalf, by writing under their common seal, to sue for and recover J?^ 18 *'''!! 
 " satisfaction and amends, pursuant to the provisions of the said recited Assizes aft.r 
 " Act, for such wanton and malicious injury or damage, either at such commission 
 " period or periods as in and by the said recited Act for that purpose ° ein J urw 
 " provided, or at the second assizes to be held after the commission of 
 " such injury or damage for the county in which such church, chapel, or 
 " other building may be situate, or if in the county of Dublin, at the 
 " second presenting term ; or if in the city of Dublin, at the second 
 " quarter sessions respectively after the commission of such injury, and 
 " that all powers and provisions contained in the said recited Act, appli- 
 " cable to the suing for or recovery of such satisfaction at the next 
 " assizes, presenting term, or quarter sessions respectively, shall extend 
 " and be applicable to the suing for and recovery of such satisfaction 
 •' and amends at such second assizes, presenting term, or quarter sessions 
 " respectively." 
 
 * Section 20 of this Act, and Section 72 of Act 3 & 4 William IV., cap. 37, are con- 
 tinued in full force and effect, subject to the alterations made therein by Section 7 of 
 the Act 38 & 39 Victoria, cap. 42, ante, page 77. 
 
 t i.e. 3 A 4 ¥m. IV., cap. 37. 
 
80 
 
 THE PAROCHIAL RECORDS (IRELAND) ACT. 
 
 VI.— "The Parochial Records Act, 1875," or "The 
 Publtc Records (Ireland) Act, 1867, Amend- 
 ment Act, 1875." 
 
 38 & 39 Victoria, Cap. 59. 
 
 An Act to amend the Public Records (Ireland) Act, 1867,* and 
 to make provision for keeping safely Parochial Records in Ire- 
 land. [Hth August, 1875.] 
 
 "Whereas the parish records and registries of baptisms, marriages, 
 and burials, and other parochial records, books, and documents in the 
 several parishes in Ireland are under the care of several persons, and 
 many of them are kept in unfit and unsafe buildings :t 
 
 And whereas doubts have arisen as to whether the said several records, 
 registries, and parochial documents are public records within the mean- 
 ing and for the purposes of the " Public Eecords (Ireland) Act, 1867": 
 
 And whereas it is expedient to provide for the safe custody of the said 
 records, registries, and parochial documents by the transfer thereof to 
 the Public Record Office of Ireland, and to make such other provisions 
 in relation thereto as are in this Act contained : 
 
 Be it therefore enacted by the Queen's most Excellent Majesty, by 
 and with the advice and consent of the Lords Spiritual and Temporal, 
 and Commons, in this present Parliament assembled, and by the autho- 
 rity of the same, as follows : 
 
 1. This Act may be cited for all purposes as The Public Records 
 (Ireland) Act, 1867, Amendment Act, 1875. 
 
 2. This Act shall extend to Ireland only. 
 
 3. The Public Records (Ireland) Act, 1867, and this Act shall be read 
 and construed together as one Act. 
 
 4. In this Act — 
 The expression " parochial officer " shall be taken to mean any rector, 
 
 vicar, curate, parish clerk, or other parish officer of the Church of 
 Ireland, holding such office on the thirty-first day of December one 
 thousand eight hundred and seventy, and any person who after the 
 said date discharged, or at the present time discharges, or who may 
 hereafter discharge duties similar or analogous to the duties which 
 such parochial officer then discharged : 
 
 The term "record" shall mean any diocesan or parochial record, 
 minute of proceedings, paper, book, document, or registry, of or 
 relating to any baptism, marriage, burial, or ordination, or other 
 diocesan or parochial matter of a public nature, which, on the thirty- 
 first day of December, one thousand eight hundred and seventy, was 
 in the possession or custody of any parochial officer : 
 
 The expression "Master of the Rolls" shall mean the Master of the 
 Rolls for the time being in Ireland : 
 
 The expression " Record Office" shall mean the Public Record Office 
 of Ireland. 
 
 5?£«utod 5 ' Ever y record snau i fr° m aQ d after the passing of this Act, be under 
 of the°MaBter tne charge and control of the Master of the Rolls, in the name and on 
 
 of the Rolls. 
 
 * " The Public Records (Ireland) Act, 1867," established the new Public Record 
 Office, and placed the Records named in that Act under the charge and superintend- 
 ence of the Master of the Rolls. 
 
 t No provision was made in " The Irish Church Act, 1869," for these classes of 
 records. See 47th section, ante, page 32. 
 
 Extent of 
 Act. 
 
 Construction 
 of Act. 
 Interpreta- 
 tion. 
 
38 ■& 39 victoria, cap. 59. 81 
 
 behalf of Her Majesty, her heirs and successors, subject to the provisions 
 relating to their care and custody hereinafter contained. 
 _ 6. Any record which on the thirty- first day of December, one thousand Custody and 
 eight hundred and seventy, was in the custody and care of a parochial J^JJJ 1 of 
 officer shall continue in the custody and care of such person, provided 
 that he now continues, and so long as he shall hereafter continue, to 
 discharge the same or similar duties in the church or chapel or parish 
 with which such record was connected. As to all other records, and also 
 as to the said records, when such parochial officer shall cease in such 
 church or chapel or parish to discharge the said duties, the Master of the 
 Rolls shall, as soon as conveniently may be, issue warrants directed to 
 the several persons having the care of any record or records, ordering 
 such persons to allow the same to be removed from its or their present 
 place of custody, and deposited in the Record Office ; and every such 
 warrant shall be kept among the public records in the custody of the 
 Master of the Rolls, and shall be a sufficient warrant for the removal of 
 such record or records as shall be specified therein. 
 
 7- In case, since the thirty-first day of December one thousand eight Custody of 
 hundred and seventy, entries of marriages, baptisms, burials, or other book ? of 
 matters shall have been continued in the same book which had been in baptisms!' 
 use for the purpose before the said date, it shall be lawful for the Master and burials, 
 of the Rolls to make a special order in relation to such book, and thereby 
 to authorize the custody and care of such book to be retained by any 
 person whom he shall by such order authorize, and such person shall on 
 accepting such custody and care be bound to take care thereof. 
 
 8. The removal of any record to the Eecord Office, by authority of vali.lit; of 
 the Master of the Rolls, shall not in any manner affect the authenticity records alter 
 or legal validity of such record ; but any such record deposited in the rem0Yal - 
 Record Office, and there kept under the authority of the Master of the 
 
 Rolls, shall be taken to be in its legal place of deposit, and every such 
 record removed as aforesaid shall be of the same legal validity in all 
 courts and proceedings in the same manner as if such record had not 
 been removed. 
 
 9. The Master of the Rolls or Deputy Keeper of the Records may p ower 
 allow copies to be made of any of the said records at the request and to make 
 costs of any person desirous of procuring the same ; and any copy so "3™^ 
 made shall be examined and certified as a true and authentic copy by reoordB, 
 the Deputy Keeper of the Records, or by the Assistant Deputy Keeper which shall 
 of the Records, and shall be sealed or stamped with the seal of the Record 
 
 Office, and delivered to the party for whose use it was made. 
 
 10. Every copy of a record in the custody of the Master of the Rolls, Such copies, 
 certified as aforesaid, and purporting to be sealed or stamped with the l^'f 7'*? 
 seal of the Record Office, shall be received as evidence in any court of the Record 
 justice, and before any legal tribunal, and before either House of Parlia- office, to be 
 ment, or any committee of either House, without any further or other evidence. 111 
 proof thereof, in every case in which the original record could have been 
 received there as evidence. 
 
 11. Until removal to the Record Office pursuant to the provisions of Becord to 
 this Act, every record shall remain in the custody and care of the paro- re ™" m 
 chial officer with whom it is at the time of the passing of this Act, and custody until 
 such officer shall, during such time, be bound to take care of same. removed. 
 
 J 2. Every parochial officer shall be bound to return to the Master of Parochial 
 the Rolls a complete and true inventory of all records in his possession, ^™ t0 
 custody, or care, in such form as the Master of the Rolls shall direct, ventories. 
 within three months after he shall be directed so to do. 
 
82 ME PAfiOOaiAt RECORDS (iRELAKd) ACS. 
 
 Notice to to 13. Every parochial officer having the custody and care of any record 
 given in shall, if at any time during his life he ceases to discharge his duties in 
 byparoSi the church or chapel or parish with which such record was connected, 
 officers, and give notice thereof to the Master of the Rolls ; and every registrar of 
 deathsof deaths in Ireland, on receiving notice of the death of any parochial 
 parochial officer, shall forthwith transmit by post to the Master of the Rolls a 
 "fren'b* ia certificate under his own hand of such death, with the particulars of the 
 registrars of time and place of death, and on receipt of such certificate the Master of 
 deaths. the Rolls shall transmit to the said registrar of deaths the cost of such 
 
 certificate and transmission. 
 Expenses of 14. All expenses incurred by or by order of the Master of the Rolls 
 Act in the execution of this Act shall be paid out of moneys to be provided 
 
 by Parliament for such purposes. 
 Violation of [5, if an y parochial officer shall neglect to furnish such inventory 
 •ions o7tne when so required, or do any other act in violation of the provisions and 
 Aot a directions of this Act, he shall be guilty of contempt, and shall and may 
 
 contempt. j,e proceeded against by order of the Master of the Rolls as if he had 
 
 disobeyed a judicial order made by him in a cause. 
 
Part III 
 
 Reports of Leading Cases decided under the Irish 
 Church Acts. 
 
 I. Decisions affecting rights of Property. 
 
 < Page 
 
 Right of Commissioners to receive Ecclesiastical Tax, .... 84 
 
 Right of Commissioners to property known as " Bishop Evans' Fund," . 86 
 
 Right of Commissioners to property known as "Bishop Gore's Fund," 
 Rights of Commissioners in respect of " Private Endowments," . 
 
 88 
 
 II. Decisions affecting Tenants of CnuncH Lands. 
 
 Rights of renewal of tenants of See Estates, InRs John Leslie, esq., . . 92 
 Lease of Land held invalid — Right of pre-emption preserved, . . .96 
 Lease of Mensal land held invalid, In Re E. H. Knox, . . . .97 
 
 III. Decisions affecting Compensation of Archbishops, Bishops, and 
 Incumbents deprived of Income. 
 
 Case illustrating the general principle on which annuities were declared 
 
 under 14th Section of Irish Church Act, 1869, In Re Rev. W. Smyth King, 98 
 
 The Corn Averages Question, . 104 
 
 Stipends of Perpetual Curates a Legal Outgoing, ..... 105 
 
 Marriage and Burial Fees allowed in estimating annuities, . ' . . . 105 
 
 Compensation for Monumental Fees not allowed, 108 
 
 Compensation for Income paid by Congregations not allowed, . . . 109 
 
 Compensation not allowed in respect of workhouse Chaplaincies to Incumbents, 109 
 
 Incumbents not allowed for more Income than they are legally deprived of, 110 
 
 Compensation granted for " Tenants' Duty Labour" to Incumbents, . . 110 
 
 IV. Decisions affecting Compensation to Curates. 
 
 Curates of Proprietary Chapels declared entitled to annuities, . . . Ill 
 
 Chaplains of District Proprietary Churches deemed Perrranent Curates, . 113 
 
 Curates' legal position to claim compensation, 113 
 
 Workhouse Chaplaincies deemed part of Income of Curace, . . . . 114 
 
 Chaplains of Colleges not deemed Permanent Curates, 115 
 
 Incumbent's claim to be Curate of a sinecure parish not admitted, , . . 116 
 
 Length of service, . . 116 
 
 Unlicensed Curates, 117 
 
 Recent Increases of Stipend, ........ 117 
 
 Late appointments, .* 118 
 
 Curates' houses part of Income, 119 
 
 Curate's annuity to be equal to his entire Income 120 
 
 Compensation to temporary Curates, 120 
 
 V. Miscellaneous Decisions. 
 
 Compensation to Owners of Advowsons, 121 
 
 Compensation for proportion of Renewal Fines, 130 
 
 Claims of Presbyterian Ministers, 132 
 
 Compensation for Rights of succession to Benefices, 134 
 
 Position of Diocesan Architects 144 
 
 Position of Diocesan Registrars 144 
 
 Right of Incumbents to recover arrears of tithe rent-charge after date of dis- 
 establishment, ...... 147 
 
 Decision by Privy Council as to General rules for the payment of annuitants, 148 
 Disabled Incumbents exempt from duty in certain cases, In Re Rev. R. H. 
 
 Graves, d.d. 151 
 
 G2 
 
84 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 I. — Decisions affecting Eights of Property. 
 
 Right of Commissioners to receive Ecclesiastical Tax (heard 
 by Viscount Monck and Mr. Justice Lawson, the 22nd 
 December, 1870). 
 
 In re The Primate of all Ireland, Appellant. 
 
 Dr. Ball, q.c., m.p., with Dr. Todd, q.c., and Mr. Dolbyn, appeared 
 on behalf of his Grace the Lord Primate, to show cause against a condi- 
 tional order made by Mr. Justice Lawson directing payment by the 
 appellant -of ecclesiastical tax levied on his income as Archbishop of 
 Armagh. Counsel observed that the order in question dealt with two 
 amounts, but the question which he proposed bringing before the Com- 
 missioners was confined entirely to the tax on the clerical income for the 
 year 1870. The only section in the Irish Church Act affecting that was 
 the 1 1 th, and a few words in the interpretation clause referring to that. 
 The section to which he alluded provided that "from and after the 
 passing of the Act all property, real and personal, at the date of such 
 passing vested in or belonging to the Ecclesiastical Commissioners for 
 Ireland, is transferred to and vested in the Commissioners appointed 
 under this Act, subject to all tenancies, charges, incumbrances, rights 
 (including tenants' rights of renewal), or liabilities affecting the same, 
 and the corporation of the Ecclesiastical Commissioners for Ireland is 
 hereby dissolved ;" and by the interpretation the word property was 
 defined to include " things in action and rights of action," so that the 
 whole question at issue was whether this impost could come under that. 
 He contended that it did not, and referred to the Act (3 & 4 Wm. IV. 
 o. 37), imposing the tax, or authorizing the late Commissioners "to have, 
 take, levy, and receive " out of certain benefices an " annual tax, rate, or 
 assessment," to show that they enjoyed a corporate existence with specific 
 obligations and privileges. 
 
 By various sections of the Church Temporalities Acts several rights 
 were given — to take valuations of benefices, to require returns of income 
 from the clergy, to proceed at law for recovery of arrears, &c, and 
 certain of these acts had to be proceeded with on a specified form of 
 certificate, bearing a corporate seal. Now, in the whole of the recant 
 Act there was no right conferred on the Commissioners to levy this tax, 
 and Counsel contended, it could not be covered by the word " property," 
 which had never yet been taken to include the unalogous case of vestry 
 taxes. Again, it was contended that it would takespecial words to carry 
 this special power, and these, Dr. Ball submitted, could not be supplied. 
 There being, therefore, no power to enforce this tax, he thought the order 
 should be reversed, notwithstanding the fact that the Commissioners had 
 ruled* the tax to be a legal outgoing when estimating the annuities to be 
 paid under 14th section after 1st January, 1871. 
 
 Mr. Law, q.c, with whom was Mr. M. J. Barry, appeared for the 
 Crown, and argued that the tax was established by the Irish Church Act, 
 the word "property" having been always considered sufficiently com- 
 prehensive to embrace perpetual charges, under which class the tax in 
 question, being a perpetual one, came 
 
 Judgment having been reserved was delivered on 23rd December. 
 1870. ' 
 
 Mr. Justice Lawson said — A question of considerable importance has 
 * See In re Key. ~W. S. King, post, page 98. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 85 
 
 been argued before us in this case, viz., the right of the Commissioners to 
 receive and enforce the tax payable by archbishops and bishops to the 
 late Ecclesiastical Commissioners, under the 3 & 4 Wm. IV., c. 37. The 
 1 1 th section of the Irish Church Act transfers to the Commissioners all 
 property, real and personal, at the date of the passing of the Act vested 
 i;i and belonging to the Ecclesiastical Commissioners, subject to all 
 liabilities affecting the same. The word " property " is a term of the 
 largest comprehension, and in constructing -wills and other instruments 
 has always been held, unless controlled or restrained by other expressions, 
 to pass everything belonging to the person making the disposition. The 
 word must receive, at least, as full a meaning when used in an Act of 
 Parliament ; and, therefore, the question is whether the annual tax and 
 its proceeds were property belonging to the Ecclesiastical Commissioners. 
 This tax appears to have produced to the Ecclesiastical Commissioners 
 £18,000 a year, and, in addition to it, were two annual charges, fixed in 
 amount — one on the see of Derry, of £6,000, and one on the see of 
 Armagh, of £4,500, which by the 54th sec. of the former Act, are " to be 
 applied to such and the like purposes as the proceeds of the tax hereby 
 vested in the said Commissioners." 
 
 The 63rd section of the Act 3 & 4 Wm. IV., c. 37, directs the appli- 
 cation of the property vested in the Ecclesiastical Commissioners for 
 Ireland in these words : — " All and every the rents, issues, and property 
 of all lands, tenements, and hereditaments, and the said annual tax and 
 the proceeds thereof, and all and every sum and sums of money and 
 securities for money vested in the Commissioners, &c, shall be applicable 
 for the purposes following." How it is possible, therefore, to contend 
 that the right to receive this tax was not property, vested in the Com- 
 missioners upon special trusts, I confess I am at a loss to understand. 
 The application directed by that section is — " The providing church re- 
 quisites, the payment of salaries of clerks and sextons, the building and 
 repair of churches." The 1 I th section of the Irish Church Act transfers 
 all that property, with its liabilities, to the Commissioners of Church 
 Temporalities in Ireland, and if the Act stopped there, they would have 
 been bound always so to apply the funds ; but the Act, carrying out its 
 policy of preserving life interests only, makes the Commissioners liable to 
 pay the salaries of clerks and sextons for their lives, but prohibits them 
 from paying such as were appointed after the passing of the Act, and 
 limits the time and the extent to which they were to supply church re- 
 quisites and repair and rebuild churches. 
 
 The manifest intention of the Act was to transfer to the Commissioners 
 everything which the Ecclesiastical Commissioners had. The words 
 used are capable of bearing that meaning, and we are asked to give a 
 narrow and forced construction to them, in order to defeat the plain in- 
 tention of the Legislature, and to give back that £\ 8,000 a year to the 
 holders of benefices, although the Act intended only to preserve, not to 
 augment their life interests in the revenue they were actually enjoying 
 at the time of the passing of the Act. It is said that there was nothing 
 vested in the Ecclesiastical Commissioners at the time of the passing of 
 this Act except the tax then due or any arrears of it, and this argument, 
 if at all sound, would be equally effectual to .show that the future gales of 
 the fixed charges of £6,000 and £4,500 on the sees of Derry and Armagh 
 were not capable of being enforced, but merged in the revenue of those 
 sees. This, however, was not contended for, and the argument rested 
 mainly upon the variable nature of this impost. A right to receive and 
 levy out of the see of Armagh a fixed sum each year is "property." 
 Does such a right cease to be property because the amount, instead pf 
 
86 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 being fixed, is a per-centage on the value of the see in each year ? If a 
 man had, under a deed, a right to receive for a certain time, out of the 
 earnings of a partnership firm, a certain per-centage on the profits, 
 could it be said that such a right did not pass under a bequest of all his 
 property ? 
 
 The right of the Ecclesiastical Commissioners, under the 14th section 
 of 3 & 4 Win. IV., c. 37, was to have, take, levy and receive therefrom 
 and thereout, from and after the times when benefices shall become void 
 after the passing of the Act, and for ever thereafter, a yearly tax, rate, 
 or assessment, computed and imposed upon such valuation according to 
 the rates and scales specified in the Schedule A. The Commissioners 
 are to make a valuation, and from time to time, as they shall think 
 necessary, amend it. If the Commissioners do not choose to call for a 
 new valuation, the old one stands as the basis of the calculation ; every 
 ecclesiastical person therefore appointed after 1833 took his see or 
 benefice subject to this annual charge or tax, and therefore the cases to 
 which we have been referred as to clear words being necessary to impose 
 a new tax on the subject do not apply. The annual charge or tax is 
 imposed by clear words, the incumbent takes the benefice subject to jt, 
 and the only question is whether it is transferred by force of the vesting 
 words in section 11 of the Irish Church Act. This is an annual charge 
 in the nature of a rent, variable in amount, but permanent in character, 
 and it is as much property as the rentcharge issuing out of land varying 
 with the price of produce ; therefore the Primate has failed to show that 
 he is relieved from this tax, even for the year 1870; in fact, if he were 
 relieved for this year, I do not see any reason why he should not be re- 
 lieved altogether. 
 
 Viscount Monck concurred in the judgment. 
 
 The appeal was therefore disallowed. 
 
 Right of Commissioners to Property known as " Bishop Evans' 
 Fund," (heard by Viscount Monck and Mr. Justice Lawson, the 
 1st February, 1872). 
 
 In re The Lord Primate and The Lord Bishop of Meath, 
 Appellants. 
 
 : The appeal in this case was from a conditional order of the 6th April, 
 1871, directing that the above trust fund should, by virtue of the pro- 
 visions of ''The Irish Church Act, 1869," be paid over by the trustees 
 to the credit of the Commissioners. The devisor was the Bishop of 
 Bangor, and upon his translation to the bishopric of Meath he made his 
 will, bearing date 17th February, 1723, bequeathing the fund in the 
 following terms : —" Item, I devise the whole increase of my personal 
 estate to the Most Rev. the Lord Archbishop of Armagh and the Lord 
 Bishop of Meath for the time being, to be by them laid out on the 
 purchase of glebe lands and impropriate tithes for the benefit and endow- 
 ment of the several churches in the diocese of Meath, and the sole 
 donation of the Bishops of Meath and no others." In another clause he 
 gave certain funds to trustees for the purchase of glebes and impropriate 
 tithes for the benefit of the poor clergy in England. The fund so be- 
 queathed to the diocese of Meath amounted to £7,453 bs. 3d. Govern- 
 ment New 3 per cent, stock. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 87 
 
 Mr. Pilkington, q.c. (with Mr. Cosby) appeared for the appellants. 
 He said that from the beginning there was considerable difficulty in carry- 
 ing out the trust precisely as directed. There were in many parishes 
 glebe lands sufficient, and he had found only one instance in which a glebe 
 was purchased from this particular fund. Hence for some time it had 
 been applied in augmenting the incomes of curates, and, shortly before 
 the passing of the Irish Church Act, to increasing the incomes of clergy 
 who required it, whether curates or incumbents. It was plain that this 
 was a trust to be carried out according to the discretion of the trustees. 
 He therefore confidently contended that it was not " appropriated to any 
 particular benefice," or " to the holder of any particular benefice," and so 
 did not pass tothe Commissioners under the 1 2th section of the Act. 
 
 Mr. Hugh Law, q.c. (with Mr. Corrigari) appeared for the Crown in 
 support of the conditional order, and argued that the bequest should be 
 considered as one appropriated to the eight benefices in the diocese of Meath, 
 whether they took equally or not being a matter at the discretion of the 
 trustees. In proof of this they cited the fact that the clergy who had 
 been benefited by the fund included the augmentation received therefrom 
 in the return of their incomes to the Established Church (Ireland) Com- 
 mission of 1 868, and had also been credited with these increases in the 
 ascertaining of their annuities under the present statute. 
 
 Mr. Justice La wson, in delivering judgment, said that had the questions 
 involved been complicated or many they would have taken time to con- 
 sider the case, but seeing that they lay within a very narrow compass, they 
 did not think that delay was necessary. The trust was unquestionably for 
 the benefices in the diocese of Meath, of which the Bishop was the sole 
 patron. Clearly there was a power of selection vested in the trustees, 
 and if a particular case did not require assistance they could not be com- 
 pelled to give it. But they could give it to no other benefices than those 
 of the diocese of Meath, amongst which, as he said, they could distribute 
 the fund in any shares they thought proper. What did Bishop Evans 
 intend to have done with the bequest ? He contemplated that it would 
 be vested in the purchase of glebe lands and impropriate tithes. Supposing 
 it were so vested, that would be real property for the use of those bene- 
 fices, and the necessary result of the Act was that these glebe lands vested 
 in the Commissioners, as being the endowment of the particular benefices. 
 Under the present circumstances, the Commissioners considered that they 
 were bound, in point of law, to treat the question as if the trust had been 
 literally carried out, which it had not, and, it appeared, could not have 
 been. He had no doubt, however, that the trustees exercised sound dis- 
 cretion in preserving the money in their hands in the form of Government 
 stock, and applying the dividend just as the rent of the lands, on the 
 receipt of the tithes, would have been applicable. Was it now a fund 
 within the language of the Act " in any wise appertaining to the use of 
 any benefice in or connected with a church," or " appropriated to any 
 person holding such benefice"? Upon the whole, they really did not 
 entertain any doubt whatever that the fund came within the former cate- 
 gory. The appeal should therefore be dismissed. 
 
 Viscount Monck expressed his concurrence in this judgment. 
 
88 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 Right of Commissioners to Property known as "Bishop Gore's 
 Fund," (heard by Viscount Monck, Mr. Justice Lawson, and 
 the Master of the Rolls, the 31st October, 1872.J 
 
 In re The Representative Church Body, Appellants. 
 
 Dr. Ball, Q.c., m.p., with Mr.' Pilkington, q.c., appeared for the Repre- 
 sentative Church Body ; and Mr. Law, q.c, with Mr. Naish, attended 
 to watch the proceedings on behalf of the Crown. 
 
 In this case it was contended by Counsel on behalf of the Representative 
 Church Body, that a sum of money and other property vested in the 
 Ecclesiastical Commissioners for Ireland by an order of the Lord Chan- 
 cellor made in the year 1 844, did not pass to the Commissioners. The 
 trust fund had been originally bequeathed by Dr. Gore, Bishop of Water- 
 ford, in 1 690, for the repair of churches in the diocese of Waterford and 
 Lismore. The order previously made by Mr. Justice Lawson was that 
 the trust fund passed to the Commissioners, the latter holding that under 
 the 12th section it passed to them discharged from all liabilities. The 
 bequest had been the subject-matter of a substantial scheme by the Court 
 of Chancery on the 3rd of February, 1844. The Ecclesiastical Commis- 
 sioners for Ireland and their successors had been appointed trustees of the 
 bequest, they undertaking to administer the bequest agreeably to the 
 intention expressed in the will, and to expend the fund in the rebuilding 
 and repairing old ruined churches in the diocese, and to open a separate 
 account to be entitled " Bishop Gore's Bequest." Counsel referred to 
 the case of '' Bishop Evans' Fund," and contended that the property did 
 not pass to the Commissioners under the 1 2th section. 
 
 The Master or the Rolls, in delivering the judgment of the Court, 
 said the Ecclesiastical Commissioners of that day were not a corporation 
 for administering bequests in this country, but were simply a corporation 
 for special purposes. It being known, however, that one of the duties 
 imposed upon them being the repair of churches, and having public funds 
 to dispose of for that purpose, and this being a fund for that same pur- 
 pose also it was a convenient course to vest the trust in the Commissioners. 
 It is the unanimous opinion of the Court that the fund has passed to the 
 Commissioners under the 12th section. The language of that section 
 first speaks of property appropriated to benefices, and then goes on to 
 that pertaining to the holders of the benefices; and in the glossary to the 
 Act we find that the word " benefice " includes a church. 
 
 Viscount Monck and Mr. Justice Lawson having concurred in the 
 judgment the appeal was dismissed. 
 
 Rights of Commissioners in respect of " Private Endowments " 
 (heard by Viscount Monck, Mr. Justice Lawson, and the 
 Master of the Rolls, the 30th day of October, 1872). 
 
 In re The Representative Church Body, Appellants. 
 
 (Benefice of Dunlewey, Diocese of Raphoe). 
 
 The facts of the case were as follows: — 
 
 The perpetual curacy of Dunlewey was constituted under the 1 Geo. 
 II., c. 18, by a private endowment. The Ecclesiastical Commissioners 
 granted an augmentation of X'32 n year to the holder of it. That .£32 a 
 year was included in the life annuity to the incumbent. The Representa- 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 89 
 
 tive Church Body claimed that the ,£32 a year wag perpetually annexed 
 to the benefice. This claim was disallowed by Mr. Justice Lawson, from 
 which ruling the present appeal was brought. 
 
 Dr. Ball, o..c, m.p., and Mr. Pilhington, q.c, for the appellants. — The 
 Commissioners have admitted that the 70th section of the Irish Church 
 Act saves this curacy, and the only question in dispute is whether the 
 .£32, the grant of Primate Boulter's Fund, also passes with the private 
 endowment. The Ecclesiastical Commissioners were made trustees of this 
 fund by the 3 & 4 Wm. IV., c. 37, and directed by that Act to keep a 
 separate account of this fund, distinct from all their other sources of 
 income. The augmentation was to the benefice, not to the holder of the 
 benefice ; in fact, a stipendiary curate could not be augmented, for the 
 very fact of an augmentation being granted to such a person at once 
 turned his curacy into a benefice. The augmentation is drawn after the 
 endowment, that is admittedly saved — a large amount of Boulter's Fund 
 has been actually laid out in the purchase of land, and surely in the case 
 of a private endowment where land was added the Commissioners could 
 not claim it. 
 
 Mr. Law, o..c. (who appeared for the Crown), referred to 1 Geo. II. 
 c. 18, sees. 4 to 10. Endowment is a term well known in ecclesiastical 
 law, and means a grant not revocable ; these grants from Boulter's I\ind 
 were made to the individual clergymen, and were forfeited by non- 
 residence. Counsel referred to 103, 93, and 97 sees, of 3 & 4 Wm. IV. 
 c. 37. 
 
 Mr. Naish followed on the same side, and quoted the 9th section, 3 & 
 4 Wm. IV., c. 37, and the 70th and 11th sections of " The Irish Church 
 Act, 1869." 
 
 Mr. Pilhington, q.c., replied, and called attention to the fact that even 
 when a parson was deprived of the augmentation, which was part of his 
 salary, on doing certain acts, the salary would revert to his successor. 
 
 Mr. Justice Lawson. — "That is just the point, the difference is that 
 if this augmentation were an endowment, the moneys would be .sequest- 
 ered for the cure of souls during his suspension, whereas in the case of 
 Boulter's Fund augmentation, the moneys during this period passed to the 
 Ecclesiastical Commissioners away from the Church altogether." 
 
 Counsel also mentioned sections 61 and 94, 3 & 4 Wm. IV., c. 37, 10th 
 sec, George II., c. 18, and 70th sec. of "The Irish Church Act, 1869," 
 contrasting the words "held for" and " belonging to." 
 
 Judgment was delivered by The Master, of the Bolls as follows : — 
 
 The question raised in this appeal is, whether a sum of £32 a year, 
 granted by the Ecclesiastical Commissioners, under the 3rd & 4th Wm. 
 IV., c, 37, as an augmentation of what they styled the benefice of 
 Dunlewey, is property saved to this benefice under the 70th section of 
 " The Irish Church Act, 1869," as against the ultimate trust of the pro- 
 perty reposed in the Commissioners constituted thereunder. 
 
 The grounds upon which this appeal is rested are, that this £32 a 
 year was granted out of what is called " Primate Boulter's Fund "—that 
 this latter fund was a private one — that Dunlewey Church is, as it was 
 constituted, either a proprietary one or a chapel of ease ; and that, there- 
 fore, the £32 a year is saved by the 70th section of the Act, as appro- 
 priated out of private funds to this proprietary church or chapel of ease. 
 
 The 70th section is as follows : — " Nothing in this Act contained shall 
 affect the patronage or right of presentation to any proprietary or district 
 parochial church or endowed chapel of ease which has been endowed out 
 of private funds, or affect the property in any such church or chapel, or 
 
90 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 the property held for the purposes of or appropriated to the use_ of the 
 same, or affect the continuance of the trust relating thereto, as originally 
 constituted." 
 
 Now to properly understand this section according to the settled rules 
 which have been laid down for the construction of Acts of Parliament 
 as well as all written instruments, it must be read in connexion with, and 
 qualified by the other provisions of the same Act of Parliament. 
 
 Boulter's fund as is well known — was a bequest made by his will, 
 
 destined to the augmentation of poor livings in Ireland, which has been 
 the subject of legislation on more than one occasion, the result of which 
 (as well described by Mr. Pilkington) is, that a legislative scheme has 
 been from time to time settled for the carrying into effect of his benevo- 
 lent intentions. We have no doubt that Primate Boulter's Fund was a 
 private fund, and that it remained so notwithstanding the mode in which 
 it has been dealt with by the Legislature. But being so, the point is, 
 whether the award or grant of the sum given to the Dunlewey benefice 
 (as it is called) is within the 70th section. We clearly think that it is 
 not, and for the following reasons : — 
 
 Dunlewey church or chapel of ease was originally constituted by an 
 instrument under the statute of George II., a copy of which has been 
 produced : the endowment thereby provided is unquestionably saved by 
 the 70th section. On the 5th May, 1 857, an order was made under the 
 3 & 4 Wm. IV. c. 37 : — It was ordered by the Ecclesiastical Commis- 
 sioners for Ireland that certain benefices be augmented by the sums set 
 opposite their names ; and amongst those benefices appears : — " Dun- 
 lewey perpetual curacy £32." 
 
 Now assuming that the order can be taken to have been made against 
 the Boulter fund specifically — which we are by no means prepared to 
 hold — what is its effect, having regard to the provisions of ' ' The Irish 
 Church Act, 1869" ? That Act, by its 1 1th section, vests in the Commis- 
 sioners " All property, real and personal, at the date of the passing of 
 the Act, vested in or belonging to the Ecclesiastical Commissioners for 
 Ireland," &c. Plainly, under this section, the entire of Boulter's fund 
 vests in the present Commissioners, subject, no doubt, to the liabilities 
 attaching upon the same, which were of a double character, as is well 
 known — eleemosynary and ecclesiastical. 
 
 Then comes the 12th section, which vests all the property other than 
 corporeal free from all claims of ecclesiastical persons, whose rights in 
 respect of such deprivation are compensated by the provisions of the 
 14th section. Now the effect of these two sections is to place Boulter's 
 fund entirely under the control of the Commissioners, free from all eccle- 
 siastical claims, save the compensation of life interests. The 29th section 
 throws additional light on this matter. It was well known that bene- 
 fices had been from time to time augmented out of this Boulter's fund, 
 which was to vest in the new Commissioners — besides, it was well known 
 that benefices had been from time to time endowed from other private 
 sources ; to deal with individual cases of this kind (some of them being of 
 very remote antiquity), and to investigate them would have been a most 
 embarrassing matter; and the legislature, by the 29th section, seems to 
 have said, let all these private endowments or augmentations.go with 
 the public ecclesiastical property, but we' will name a sum in lieu of 
 them which will entail no loss to the endowments or augmentations; 
 and accordingly £500,000 is given in lieu of them, subject to the just 
 provision that the benevolent intentions of the donors are fastened on 
 the_ substituted sum, an additional advantage being conferred, by the 
 obligation on the Commissioners, to satisfy the life, interests therein, 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 9% 
 
 But it was manifest that there was another class of cases where in all 
 probability no difficulty of ascertaining the private endowments would 
 arise, viz., cases where, under statutable powers in recent times, under 
 deeds or other instruments of trust, proprietary or district parochial 
 churches, or endowed chapels of ease, were actually constituted by in- 
 dividuals : and these it was thought right to exempt entirely from the 
 operation of the statute, whenever they were found to be entirely or 
 substantially endowed out of private funds, and accordingly the 70th 
 section preserves the right of presentation thereto — preserves the pro- 
 perty in the fabric of the church, and the property held or appropriated 
 to the use of the same, and the continuance of the trust as originally 
 constituted. In other words, the endowment of the church as originally 
 constituted is saved, if it came from a fund which never vests in or 
 comes to the Commissioners, but not a fund like the Boulter bequest, 
 which under the Irish Church Act is actuiilly vested in the new Com- 
 missioners, and which was subject before such vesting only to a mere 
 floating liability. Further than this we think that the 70th section has 
 no operation. 
 
 Now this construction makes the whole Act consistent, and does not 
 tend to the plainly impossible construction of the 70th section, viz., that 
 thereunder public ecclesiastical property appropriated subsequently to an 
 originally private foundation is preserved. If the wide sense contended 
 for is to be given to the word appropriated in that section, there would 
 be no escape from that conclusion, which is fairly enough conceded to be 
 inadmissible ; also the equally absurd consequence that Boulter's fund, 
 appropriated to a benefice proper, is not preserved, while its appropria- 
 tion to the class of churches within the 70th section is saved, will be 
 avoided. 
 
 It is also to be borne in mind, in reference to the word " appropriated," 
 that it is plain that the augmentations out of Boulter's fund are only 
 appropriated sub modo, having regard to the revesting of them, under 
 certain circumstances stated in the statutes. In truth, the language of 
 the 70th section is not at all applicable to save endowments in a case 
 where the property, subject only to a floating charge, vests in the Com- 
 missioners, but simply applies to cases where the property devoted to 
 the church or chapel by the endowment stands apart and is untouched 
 by the provisions of the Act, which undoubtedly is not the case with 
 Boulter's fund. 
 
 Intention and legal construction here go together. Our decision is 
 based entirely on the legal view of the construction of the language used. 
 For myself, I must say that even if I were cognizant of intention, and 
 that the Act of Parliament failed to carry it out, so far from straining its 
 language to support such supposed intention, I would unquestionably hold 
 that whatever was the consequence, the legal construction of the language 
 of the statute should prevail, that being the only safe mode of construing 
 an Act of Parliament. 
 
 Mr. Justice Lawson. — It is very satisfactory to me and to my brother 
 Commissioner that the construction which we have been in the habit of 
 putting upon this statute is now confirmed by the high authority of 
 His Honor the Master of the Rolls. Lord Monck and I have frequently 
 considered this subject, and our conclusion was, that_ under thellth 
 section of the Act, Boulter's Fund vested in us, subject only to the 
 obligation of compensating those who had augmentations out of the 
 fund by the grant of life annuities, and that subject to that obligation 
 the fund vested absolutely in us. On former occasions it was contended 
 before us that Boulter's Fund being vested in the late Ecclesiastical 
 
92 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 Commissioners, as special trustees, did not pass to us at all, or that if it 
 did pass, it was liable in our hands to the continuing trust of applying 
 it in augmentations. That point we overruled after hearing it argued. 
 
 The Comptroller and Auditor General has thought proper m his 
 report to Parliament* to censure us for compensating the present 
 holders of augmentations, alleging that on the true construction of the 
 statute such compensation ought to be paid out of the J500,000 pro- 
 vided by the 29th section. There is no foundation for any such opinion, 
 as now shown by the judgment just delivered. The question now 
 argued is, that in cases falling within the 70th section, the augmentations 
 are preserved as private endowments. We considered that they were 
 not private endowments at all within the meaning of the 70th section, 
 and the Master of the Rolls now confirms that view. The appeal is, 
 therefore, disallowed. 
 
 II. — Decisions affecting Tenants of Church Lands. 
 
 Rights op Renewal op Tenants op See Estates (heard by 
 Viscount Monck and Mr. Justice Lawson, the 23rd December, 
 1870). 
 
 In re John Leslie, Esq., Appellant. 
 
 In this case the appellant claimed a renewal of a lease held under the 
 see of Kilmore. The appeal was brought from the ruling of Mr. Justice 
 Lawson, fixing for the future the rent and periods of renewal, and the 
 fine to be paid by Mr. Leslie under his lease from the late Bishop of 
 "Kilmore. The question arose under the 3rd sub-section of ,the 12th 
 section of the Act, by which the Commissioners are authorized to fix 
 once and for ever the amount of rents, fines, and periods of renewal in 
 respect of all lands held under the different Archbishops and Bishops in 
 Ireland, within one year from the death or cessor of such Archbishop or 
 Bishop. 
 
 The following was the substance of the conditional order, viz. : — 
 
 " That in the case of tenants having renewable interests who do not wish to 
 avail themselves of the power of obtaining a perpetuity, the terms upon which 
 the lease should be renewed ought to be made as nearly as possible identical with 
 those on which a perpetuity can be obtained by tenants under the recent rules of 
 the Commissioners as sanctioned by the Privy Council."! 
 
 Dr. Ball, q.c, m.p., and Mr. Porter, for the appellant, contended that 
 he was entitled to obtain the renewal by paying the same annual rent 
 and the same fines which he had been in the habit of paying previous 
 to the passing of the Irish Church Act. In this case and in most of the 
 leases in the see of Kilmore the fine has been a fixed fine of a money 
 value known and paid regularly to the Bishops during the last nine years. 
 At this rate a tenant is now entitled to get a perpetual interest once and 
 for ever. At this rate he could have got it the day previous to the death 
 of the late Bishop. The Ecclesiastical Commissioners were, under the 
 23 & 24 Vic, c. 150, empowered to make a new valuation, the object of 
 that Act being to coerce the tenants to pay their fines regularly. But 
 the Legislature has now remitted the tenants to their position under 
 
 * Vide Report of the Comptroller and Auditor General upon the Account of the 
 Commissioners of Church Temporalities in Ireland for the year 1S71 (pages 23 and 25). 
 t See post, page 163. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 93 
 
 3 & 4 Wm. IV., c. 37. In the case oiajirst renewal, the 160th section 
 of that Act decided that the renewal fine was to be ascertained by the 
 average of previous renewal-fines, which average was, by the effect of 
 sectiqns 128 to 131 inclusive, grafted into section 160, shown to be that 
 of the payments during the nine years previous. The ] 6 1st section did 
 not provide for the case of a first renewal, but for future renewals. 
 (See case of Rex v. Ecclesiastical Commissioners.)* The word " fix " in 
 the 1 2th section does not imply an arrangement de novo, but rendering 
 certain what was before variable. 
 
 Mr. Law, o..c, and Mr. M. J. Barry, appeared for the Crown, and 
 contended that the Irish Church Act was not intended to give the 
 tenants of the see lands which would exist for some years to come the 
 advantages possessed by the tenants of the suppressed sees. Prior to 
 the passing of the Irish Church Act the tenants of the suppressed sees 
 could not raise the question contained in Rex v. The Ecclesiastical Com- 
 missioners. Under the 3 & 4 Wm. IV., c. 37, s. 161, a legal power 
 existed that if at any time the fint lease should have increased in value 
 the fine should be increased. The tenants having been remitted to their 
 position previous to the Act of 1 860, the Commissioners have power to 
 increase the amount of the fine as they have done. 
 
 Mr. Justice Lawson said he considered that, under the wide discretion 
 given to the Commissioners by the 12th section to fix once and for ever 
 the amount of rent and fine, the Commissioners might have enforced terms 
 more disadvantageous to the tenants, having regard to the increase in 
 the value of land which had taken place, and which in every civilized 
 country was likely to continue with the increase of wealth and popu- 
 lation. 
 
 In this case the tenant, Mr. Leslie, was entitled to a perpetuity, which 
 would be most advantageous to him, and would uphold and protect the 
 rights of the subtenants ; but he was also entitled to decline taking out 
 a perpetuity and continuing to take renewals of his lease. The Commis- 
 sioners had very carefully inquired into the terms upon which the late 
 Commissioners had been in the habit of granting perpetuities, and they 
 found that they were very onerous and very unequal, and had conse- 
 quently deterred tenants from availing themselves of the benefit intended 
 for them by allowing them to lurn their lease into a perpetual interest. 
 In the report of Dr. Ball's commissionf much information was supplied 
 on this point, and suggestions were made for the alteration of the mode 
 of calculating the sum to be paid upon the grant of a perpetuity. After 
 much consideration the Commissioners had adopted a new scale, which 
 had been sanctioned by the Privy Council, which offered to the tenant a 
 perpetuity on terms so advantageous that it was to be expected that all 
 the tenants would at once avail themselves of it. The result of it would 
 be found to be that it would only cost about two years' purchase of the 
 profit rent. When Mr. Leslie, instead of taking a perpetuity, applied 
 for a renewal, which he was entitled to do, the Commissioners thought 
 they would best carry out the spirit of the Act by assimilating as nearly 
 as possible the conditions of the two classes. Therefore they calcufated 
 in this case the amount of money which would entitle Mr. Leslie to a 
 grant in perpetuity, and they increased his fine by adding to it the 
 interest of that sum at four per cent., leaving the rent as before, and the 
 usual periods of renewal unaltered. It has been argued that this placed 
 Mr. Leslie in a worse position than if he had taken a perpetuity, and 
 
 * See particulars of case appended, poit, page 96. 
 
 t See Appendix, Ko. V., p. 56, "Established Church (Ireland) Commission Eeport 
 1868." 
 
94 decisions Under the irish church acts. 
 
 that is so', for he still has the expense and' trouble of renewals ; and if he 
 applied for a perpetuity afterwards, he would still have to pay the amount 
 which' the tables would show was the purehase-money of the grant. We 
 can ' only say that Mr. Leslie may avoid all these inconveniences by 
 taking the perpetuity instead of the renewal. The question now argued 
 is, : whether the Commissioners have power to make any change in the 
 fine, for it can scarcely be contended that if they have any such power 
 the addition made is not less than upon any calculation of present and 
 probable future value the Commissioners would have been entitled to de- 
 mand. Tills question turns entirely upon the construction of the 3rd 
 subsection of section 12. If the Commissioners were to be at liberty to 
 do nothing but ascertain the actual fine theretofore paid, and to grant 
 the renewal upon that basis (asunder the 160th section of the 3 &4 
 Wm. IV., c. 37, the Ecclesiastical Commissioners must have done), all the 
 words at the close of that subsection are meaningless. The words 
 " once and for ever " indicate that the Commissioners are by one oper- 
 ation to do what might before have been done repeatedly and from time 
 to time. And if we look at the 160th and 161st sections of the 3 & 4 
 Wm. I V., c. 37, the meaning of the clause is, in our judgment, placed be- 
 yond doubt. The 1 60th section requires the Ecclesiastical Commissioners 
 upon the occasion of theirs* application to them for a new lease, to grant 
 it upon the old rent and the old fine. But the 161st section enacts 
 that if at any time after the value of that new lease should appear to 
 the Commissioners to be either increased or diminished, the Commis- 
 sioners might require such greater or lesser renewal fine as in their 
 judgment might be just and reasonable with regard to the increased or 
 diminished value. Both those sections were repealed by the 23 & 24 
 Vic, c. 150, sec. 26; but the 12th section of the Irish Church Act 
 places the tenants and the Commissioners upon the footing which they 
 stood before the passing of the 23 & 24 Vic. c. 150. The rights and ob- 
 ligations are therefore those which were created by the 160th and 161st 
 suctions of the 3 & 4 Wm. IV. c. 37, and under which, upon the occasion of 
 all renewals subsequent to the first, the Commissioners would have had a 
 power of increasing or diminishing the fine. If the tenant could show 
 that the value of the land was diminished, he could ask a reduotion of 
 the fine, and the Commissioners, if the value had increased, could de- 
 mand an increase, both being subject to arbitration. But the legislature 
 seeing that this commission was only to last for a limited time, and con- 
 templating a sale of all Church property, instead of leaving this recurring 
 power to the Commissioners, requires them to fix the rent and fine once 
 and f6r ever, with a like reference to arbitration, as that provided by the 
 161st section, in case of any difference in relation to such rent and fine. 
 We cannot hold that the 161st section, which was intended to benefit 
 both tenant and landlord, as the case might be, has been abolished. It is 
 not expressly repealed, and we find a new provision made by the Irish 
 Church Act in strict analogy to it, and suited to the altered circum- 
 stances of the case. 
 
 Viscount Monck said he thought the Commissioners were not con- 
 fined to granting renewals at the old rates of fine, but were authorized to 
 determine what they should be by reference to the value of the lease at 
 the present time. At the time of the passing of the 23 & 24 Vic. c. 150, 
 all the leases had been at least once renewed, and therefore the 160th 
 section had done its duty. This case is an illustration of the advantage 
 arising from having a question of this kind argued before us, and I feel 
 myself bound to acknowledge the assistance I have received in its con- 
 sideration from the arguments of the several counsel. The question 
 
bjBclsioNs uifbEfc tHe tnisH ChUech acts» 95 
 
 arises under the 3rd sub-section of the 1 2th section of the Irish Church 
 Act, and I think we may discharge from our consideration all other 
 enactments save those contained in the 3 & 4 Wm. IV., c. 37, ss. 160, 
 161. We are asked to say that these two sections are re-enacted by the 
 former sub-section, which it appears to me would be a forced con- 
 struction of this sub-section, for what that section does is to enact that 
 the tenants who hold "directly under any such Archbishop or Bishop, 
 where leases had been theretofore customarily renewable, shall have 
 similar rights of renewal of their said" leases, and the said Commissioners 
 shall be under similar obligations, and have similar powers and rights 
 in relation to such renewals, and the rents and fines thereupon, as the 
 tenants of sees suppressed under statute 3 & 4 Wm. IV., c. 37, and as 
 the Ecclesiastical Commissioners in regard thereto had and were under 
 respectively immediately before the passing of statute 23 & 24 Vic, 
 c. 150." It seems to me that the question is not one of law or construc- 
 tion, but of fact — what were the rights of the tenants of the suppressed 
 sees at those dates ? The rights of the tenants were those conferred 
 by the 3 & 4 Wm. IV., c. 37, ss. 160, 161, under which sections the 
 .Ecclesiastical Commissioners had a power of inquiring as to the amount 
 of fines. Accordingly, on the true construction of this sub-section, I 
 must uphold the ruling of Mr. Justice Lawson. 
 
 Mr. Justice Lawson said that he concurred with Lord Monck, and 
 that the Commissioners are not to look to the future but to the present. 
 The words in the section are very wide, and include " any difference" in 
 reference to arbitration. 
 
 The conditional order was accordingly affirmed. 
 
 Note. — In the case of Rex v. Ecclesiastical Commissioners for Ireland, above cited, 
 application was made to the Court of King's Bench (Easter Term 1837), lor a 
 Mandamus to the Ecclesiastical Commissioners directing them to concur in a reference 
 to arbitration pursuant to the Act 3 & 4 Wm. IV.,'Cap. 37, sec. 161. 
 
 The application was founded on an affidavit which set forth : — 
 
 1st — That the Incorporated Society for promoting English Protestant Schools in 
 Ireland, had for many years previous to 1832, held from the Bishop of Waterford, 
 the lands of Kih-onan, in the County of Waterford (containing about 340 acres), and, 
 that the said Bishop, by indenture dated 30th August, 1832, did in consideration of 
 their interest in the said lands, grant them a renewed lease for twenty-one years from 
 24th June, 1832, at the yearly rent of £32 6s. 2d. 
 
 2ndly — That in November, 1832, the said Bishop died, and that pursuant to the Act 
 above cited the temporalities of his see became vested in the Ecclesiastical Commis- 
 sioners for Ireland. 
 
 3rdly — That in November, 1834, the said Commissioners caused notice to be served 
 on the said society, requiring them to elect within six months whether or not they 
 would take out a renewal of their lease, and the society expressed their intention of 
 taking out a renewal thereof. 
 
 4thly — In February, 1835, the society reduced the rental of their tenants on the 
 said lands by £98 a year, in consequence of a report of their agent that the same 
 was too high, and that a valuation was made in June, 1835, by the Ecclesiastical 
 Commissioners' agent, which corresponded with that previously made by the society's 
 agent. 
 
 Sthly — That thereupon the society claimed a proportionate abatement of renewal 
 fine from the Commissioners, and they were informed in answer to their claim, 
 that a renewal would only be granted on the basis of an average of the fines, on 
 which renewals had been granted by the late Bishop. 
 
 6thly That the society then asked the Commissioners to consent to refer the 
 
 matter to arbitration as provided for in the 161st section already cited, which the 
 Commissioners declined to do, on the ground that they were bound under the 
 provisions of the Act cited, to accept only such renewal fine as would be equiva- 
 lent to the average amount of the renewal fines paid previously to the late Bishop, 
 the same to be ascertained in the manner prescribed by the Act. 
 
 The following was the judgment of the Court : — 
 
 Burton, J, We are of opinion, that the Mandamus should not go, and that the 
 
 case is not within the 161st section. The application is to compel the Commissioners 
 
96 DECISIONS tJNDER THE IRISH CHURCH ACTS* 
 
 to appoint arbitrators, and it is insisted that it is peremptory so to do. If we had 
 any considerable doubt we should issue a Mandamus in the first instance. But in 
 this case we are of opinion that the Commissioners have arrived at a true con- 
 struction of the clause, and that the objects of it will be but little affected by the 
 course which they have adopted, and that not only do the words not bear out the 
 construction contended for ; but that great inconvenience would arise from such 
 a construction of the 160th and 161st sections taken together. The cases of per- 
 petuities are provided for by elaborate machinery, and the object of the present 
 clauses is to provide for cases of renewable interests. "Where usually renewable 
 on certain terms which might be refused when the lands became vested in the 
 Ecclesiastical Commissioners, the 160th clause makes it imperative on them to renew 
 upon terms to be ascertained in the manner directed. ■-•■ 
 
 That certainly operates on renewals to be made for the first time. 
 
 But the question is, whether the 161st section is to be applied to the first time 
 of renewal ? The construction which the Commissioners have put on the clause, 
 and which we think true comparing it with the other provisions of the Act, and 
 the consequences which would follow, is, that the question for them as to whether 
 the valuation be changed or not, does not arise on the first occasion of the renewal. 
 They have come to an opinion that if the valuation of the lands has increased they 
 cannot increase the renewal fine, and yet this course would follow, if it were held, 
 that they were bound to decrease it, where the valuation was diminished. 
 
 Ci-arnpton, J. — Nothing but the ingenuity of counsel could have raised a doubt 
 on this case. The main question is whether the 161st section applies to a first 
 renewal. 
 
 The tenants have gained great benefits under the Act, first by the power of con- 
 verting their estates into perpetuities, and secondly by providing, if they do not 
 wish to do that, they may renew. Look to the analogy of the provisions with 
 respect to these different benefits. In the case of a purchase there is a fixed rent, 
 and that being done the renewal is on future occasions liable to be varied. Apply 
 this to the other case of benefit. Section 160, fixes an average of fine, aDd section 
 161 applies to cases of variations, not in the value of the lands but of the new 
 lease. 
 
 Perrin, J, Concurred. 
 
 Motion refused. 
 
 Counsel in support of application Mr. Sergeant Greene and Mr. Collins ; contra. 
 The Solicitor-General, Mr. Blackburne, and Mr. Hartley. 
 
 Lease op Lands held invalid. Previous Tenancy. Right 
 of Pre-emption preserved (heard by Viscount Monck, Mr. 
 Justice Lawson, and the Master of the Rolls, the 30th day 
 of October, 1875). 
 
 1$, re Richard Tottenham, Esq., Appellant. 
 
 This was an appeal against an Order made by one of the Commis- 
 sioners, which declared to be invalid a lease for thirty-one years, granted 
 by the Rev. Henry Tottenham (incumbent of Fintona or Donacavey, in 
 the Diocese of Clogher) to the Appellant, of the lands of Dundiven,' at 
 the rent of £9 per annum, inasmuch as it recited that the Lessee was in 
 possession, when he was not, and because the consent of the Bishop of 
 the Diocese had ncft been obtained thereto. 
 
 Mr. Gerald Fitzgibbon, q.c. appeared for Appellant, and explained 
 that the original object of his client was to obtain the shooting over the 
 lands (consisting of about 287 acres of mountain), which were sublet to 
 a man named Jordan. 
 
 Mr. Fitzgibbon', while admitting that the lease did not comply with 
 the requirements of "■ Napier's Act," urged that nevertheless it would be 
 good by way of contract against the lessor except so far as it was in 
 opposition to the policy of the Act. He also contended that it was a good 
 lease under 23 & 24 Vic, c. 153, and the "Land Act of 1870." 
 
 The Court ruled the lease to be null and void. 
 
DECISIONS UNDER THE 1EISH CHURCH ACTS. 97 
 
 Mr. Fitz Gibbon then argued that notwithstanding this decision a 
 tenancy from year to year had been established by a tenancy that existed 
 before the existence of the lease, and such tenancy not having been 
 determined, the Appellant was entitled to a right of pre-emption pursuant 
 to the 34th section of " The Irish Church Act, 1869." A receipt for rent 
 for the half-year preceding the granting of the lease having been pro- 
 duced, the Court unanimously decided that a tenancy from year to year 
 had existed, and was not determined by the lease, which must be con- 
 sidered to have been entirely inoperative, and that the Appellant was 
 entitled to the right of pre-emption of the purchase of his holding. 
 
 Lease op Mensal Land held Invalid (heard by Viscount Monck 
 and Mr. Justice Lawson, the 1st February, 1872). 
 
 In re Ellis H. Knox, Esq.., Appellant. 
 
 (Benefice of Balltmonet, Diocese of Connor.) 
 
 In this case it appeared that the appellant held a lease of certain glebe 
 lands close to the town of Ballymoney, adjacent to the glebe house, which 
 was executed ori 3rd February, 1871, by his father (the late Rev. Thomas 
 Knox, incumbent of Ballymoney) shortly before the lodgment of his 
 claim to commute in March, 1871 ; and, it having been represented to 
 the Commissioners that such lands were absolutely necessary for the con- 
 venient enjoyment of the glebe house, and would be claimed by the 
 Representative Church Body, under the 28th section of " The Irish 
 Church Act, 1869," the lease was declared invalid by Mr.J Justice Lawson 
 in chamber ; and the present appeal was brought to show cause against 
 such ruling. It further appeared that before the order of Mr. Justice 
 Lawson was made, the, Commissioners had offered the lands for sale 
 to the appellant, and that he had accepted such offer, and that the 
 Commissioners had cancelled the proceedings when the error was dis- 
 covered. 
 
 Mr.' Andrews appeared on behalf of appellant, and contended that the 
 lease had been made at a fair rent, and that the late Rev. Thomas Knox 
 had a legal right to execute the same. 
 
 Mr. Pilkington, o..c, attended to- watch the proceedings on behalf of 
 the Representative Church Body, and contended that the execution of 
 the lease was not a bona fide transaction. 
 
 The appellant having been sworn and examined as to the situation of 
 the lands, 
 
 Mr. Justice Lawson said that the lease could not be treated as valid, 
 and that the Commissioners could not recognise Mr. Knox as tenant of 
 the lands in question. 
 
 Viscount Monck having concurred, the conditional order was affirmed. 
 
98 DECISIONS UNDER THE IRISH CHURCH ACTS- 
 
 III. — Decisions affecting Compensation of Archbishops, 
 Bishops, and Incumbents depeived of Income. 
 
 Case illustrating the General Principle on which Annuities 
 were Declared under the 14th Section or Irish Church 
 Act* (heard by the three Commissioners, the 11th April, 1870). 
 
 In re Rev. "William Smyth King, Incumbent of Clonenagh, 
 Diocese of Leighlin, and Rev. Charleton Maxwell, Incum- 
 bent of Leckpatrick, Diocese of Derry, Appellants. 
 
 These were appeals from conditional orders made by Mr. Justice 
 Lawson, in chamber, and were brought before the three Commissioners 
 for the purpose of deciding the following points, viz. :— 
 
 ] st The proper amount of tithe rent-charge to be allowed in fixing 
 
 annuities. 
 
 2nd — The mode of ascertaining the amount of poor-rates to be de- 
 ducted therefrom. 
 
 3rd — Propriety of deductions for salaries of curates, and meaning 
 of '■'the same incumbency. 1 ' 
 
 4th — Propriety of deductions for visitation fees. 
 
 5th Propriety of deduction of ecclesiastical tax. 
 
 Drs. Todd and Ellington appeared for Rev. W. S. King ; Mr. 
 M'Causland, Q.c., appeared for Kev. C. Maxwell; and Mr. Hugh Law, 
 Q.c., with Mr. M. J. Barry, appeared on behalf of the Crown. 
 
 Drs. Todd and Elrington contended, on behalf of Mr. King, as to the 
 first point, that the proper amount of tithe rent-charge had not been 
 allowed, as the applotment book and amount actually received showed 
 £1,127 is. Id., whereas the amount allowed was set down at £1,125. 
 As to the second point, that the amount deducted for poor rates was too 
 hieh, the same being arbitrarily taken on an average of five years. As 
 to the third point, that Mr. King was not legally bound to pay £25 a year 
 to the perpetual curate of Ballyfinn, nor was he liable to have any de- 
 duction made from his annuity for stipendiary curates, on the ground of 
 his not having held the benefice of Clonenagh for " five years next pre- 
 ceding 1st January, 1869," and that on that account the necessary de- 
 duction could not have been made by the Ecclesiastical Commissioners 
 during "the same incumbency." Counsel contended that the word 
 "incumbency"' meant the holding of the office of incumbent — it was so 
 defined by Johnson — and he submitted that it should be given its ordinary 
 meaning {Gray v. Pearson, 6 H. L. Cases). As to the fourth point, visi- 
 tation fees were not a proper deduction, the same being imposed by 27 
 & 28 Vic., c. 54, which Act is repealed by 21st section of present Act, on 
 1st January, 1871. 
 
 Mr. M-Causland, q.c, on behalf for Rev. C. Maxwell, also objected to 
 deduction for visitation fees, and stated that according to the proper mean- 
 ing of the word " fees " (Bac. Abr.) there should be some service rendered 
 for the fees, and as these services can no longer be performed, the fees 
 should cease, as after 1st January, 1871, there will no longer be a con- 
 sideration for them. 
 
 Dr. Todd contended, as to the fifth point, that the ecclesiastical tax was 
 not a tax on the benefice, but a personal tax, depending on a variable 
 valuation ; that there is no power in the Irish Church Act to enable an 
 
 * See ante, page 7. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 99- 
 
 incumbent to call for a new valuation, as provided in 18th section of 
 3 & 4 Wm. IV., c. 37 ; that the present Commissioners are not substituted 
 for the Ecclesiastical Commissioners except in section 31, and that this 
 tax was not property within meaning of 1 1 th section. 
 
 Mr. Lam, q.c. (who appeared for the Crown), agreed that the first 
 objection was a mere question of fact. As to the poor-rates, the Com- 
 missioners had to take some average, and five years seemed to him to be 
 a very fair one ; in case of any exceptional cases he felt certain the Com- 
 missioners would allow any number of years' average to be taken which 
 might seem most equitable. 
 
 With respect to deductions for stipendiary curates, the intention of the 
 Act was to place an incumbent in the same position with regard to income 
 as if it had not passed. The Commissioners had to ascertain the- amount 
 of income derived from the tithe rent- charge, and deduct from that 
 amount all legal outgoings. 
 
 Mr. King's point seems to be, that, though the curate may be recog- 
 nised as permanent, still his salary is not to be deducted unless the in- 
 cumbent has been five years in office, and this agreement might just as 
 fairly be extended to all deductions. 
 
 Dr. Todd's argument would require that the word " incumbent " should 
 be substituted for the word " incumbency." In the Landlord and Tenant 
 Act, 1860, in section 34, "the tenancy" is evidently spoken of as the same, 
 though there may be any number of tenants during the time. In Gray 
 v. Pearson the question was not as to the meaning of a word, but the 
 construction of a sentence. Even if incumbency be granted to mean 
 " the holding," it can hardly be made to mean " the holding of the same 
 person." 
 
 As to visitation fees and ecclesiastical tax, Mr. Law said that the net 
 income of the incumbent before the passing of the Act must be looked to; 
 the Act did not propose to place such persons in a better position. The 
 only question as to the tax is the efficacy of the machinery for levying it. 
 This tax is, to all intents, an annuity, a perpetual annuity payable out of 
 the benefice, and, like an annuity, need not be charged on any lands. 
 The tax does not arise year by year at all, but is a perpetual charge, 
 variable by new valuation at the discretion of the Commissioners. If 
 there be no power under the present Act to make a new valuation, all 
 that follows is, that the tax is not now variable. 
 
 Mr. M. J. Barry followed for the Crown, and argued that the "just 
 and equitable claims" mentioned in the preamble of the Act meant the 
 amount of income that a claimant was entitled to previous to the passing 
 of the Act, i.e., his gross income, minus all legal rates and taxes. 
 
 Judgment having been reserved, was delivered on 23rd April, 1870. 
 
 Mr. Justice Lawson said — In the case of the Rev. William Smyth 
 King, certain objections were made to my order, which have been argued 
 by counsel before the three Commissioners ; some of them raise points 
 of considerable importance, which will affect a great number of cases ; 
 and although I ruled the several points, necessarily, on deciding upon the 
 amount of annuity to be awarded to Mr. King, I was very desirous that 
 they should be fully discussed by counsel ; and, not having had the ad- 
 vantage of hearing" any_ argument when I was making the ruling, my mind 
 was quite open to consider them as if I had never formed any impression 
 about them. We have now fully considered them, and I shall now state 
 the decision which we have unanimously arrived, at upon each of the 
 points. , 
 
 The first objection taken by Mr. King is, that the amount of his rent- 
 
100 DECISIONS tfrfDfilt TM IKISlI CdURCitf A.&fS. 
 
 charge is set down at £1,125, whereas it should be £1,127 4s. Id. ;* otl 
 reference to the applotment book that appears to be the correct amount ; 
 we think that Mr. King is not bound by having returned the smaller 
 amount to the tax office, and we therefore allow this objection. 
 
 The second objection is as to the amount of poor-rates deducted. The 
 poor-rates were calculated by me, in pursuance of the general orders, on 
 an average of the last five years ; but Mr. King contends that the year 
 1866 was an exceptionally high year, and that if it be taken into the cal- 
 culation, it will unfairly raise the amount, and that the result will not be 
 a fair average ; and he contends that the last three years would supply 
 a fairer average. 
 
 Poor-rate being a tax which fluctuates from year to year, and the 14th 
 section of the Act directing us to ascertain the amount of yearly income 
 of which the holder of a benefice will be deprived by the Act after 
 deducting all rates and taxes, our duty is to place him in the same posi- 
 tion, so far as income is concerned, as he would have been if the Act had 
 not passed; and, therefore, the only mode of calculating the probable, 
 future poor-rate is by taking a fair average of the past. We accordingly 
 considered that five years would be likely to furnish a fair average, and 
 finding that period adopted by the 32nd section of the Act, in reference 
 to the same subject-matter, we accordingly adopted it. But we do not 
 feel bound by this as an inflexible rule, and are quite prepared to modify 
 it in any case in which it may appear to work an injustice. In this case 
 we think the figures themselves show that the year 1866 was an excep- 
 tional year ; the poor-rate that year was £100 1 7s., very much higher 
 than any of the three preceding years, and they are nearly uniform in 
 amount, being £73 or £74 a year ; we think, therefore, that it is right to 
 take the average of the last three years, and the deduction will be modified 
 accordingly. 
 
 The third objection relates to the deduction for curates' salaries ; £225 
 was deducted, £25 for stipend to a curate at Ballyfinn, and £200 for 
 the salaries of two stipendiary curates ; and with respect to the £25, it 
 appears now not to be a payment which Mr. King was legally bound to 
 make, but a voluntary one which he might at any time withdraw, and 
 therefore it cannot be deducted. 
 
 With respect to £100, the salary of the second curate, it appears that 
 only one curate has been deducted by the Ecclesiastical Commissioners 
 during the entire of the five years next preceding the I st of January, 1 869, 
 and, therefore; under the proviso of the 1 4th section, the salary of that 
 curate cannot be deducted. 
 
 With respect to the other curate, it appears that the salary of that 
 curate has been deducted by the Ecclesiastical Commissioners during the 
 entire of these five years ; but it is contended, on the part of Mr. King 
 that as he has not been in the living for five years, having been only 
 inducted in October, 1864, that, therefore, this deduction has not been 
 made in his case within the meaning of the Act, as it has not been 
 deducted from him as incumbent for five years, but during one of these 
 years from his predecessor. 
 
 This raises a question of very general importance, and one which 
 affects the cases of" all rectors who have been appointed within the last 
 five years ; and if the argument be well founded, they would all escape 
 deduction, and the funds of the Commissioners would be liable to pay 
 their curates, in exoneration of the rectors. 
 This depends entirely on the construction to be given to the proviso 
 
 • This was also the amount received. 
 
DECISIONS UNDER THE IRISH CHURCH AO>S. .£01 
 
 in the 14th section. The first part of that section specifievanionggt 1 , 
 the deductions which the Commissioners are bound to make in ascer- 
 taining the net income of which the incumbent will be deprived-'by-the 
 Act, "salaries of curates, found by the Commissioners on inquiry, as 
 authorized by the 15th section of the Act, to be permanent curates," and 
 if the Act had stopped there, the duty of the Commissioners would be 
 simple and plain, and the rights and liabilities of incumbents would be 
 clear. The Commissioners would inquire whether a curate should be 
 considered a permanent or a temporary one, upon which matter they are 
 left a very wide discretion ; the various circumstances which they ought 
 to consider in determining that question are enumerated in the 15th 
 section ; and if they consider, having regard to the duties to be discharged 
 and the capacity or incapacity of the rector to discharge them without a 
 curate's aid, that the curate ought to be deemed permanent, and not 
 temporary or occasional, they would then give him an annuity as such 
 permanent curate, and his salary would be paid by the Commissioners, 
 and be deducted from the annuity of the rector, leaving the rector in the 
 same position as he was before the Act. 
 
 Then comes the proviso, which is in these terms, "provided that no 
 deduction shall, in the case of any incumbency, be made in respect of 
 a curate's salary under this section, unless a deduction for curate's salary 
 has been made in the case of the same incumbency by the Ecclesiastical 
 Commissioners for Ireland during five years next preceding the 1st day 
 of January, 1869." 
 
 In order to understand the meaning of this proviso, it is necessary to 
 advert to the provision of the Church Temporalities Act, by virtue of 
 which the deduction was made. The tax thereby imposed upon benefices 
 was assessed upon a valuation of the benefice, and the 20th section of the 
 Act 3 & 4 Wm. IV. c. 37, directs that, "from the valuation to be made for 
 the purpose of imposing the tax, the Commissioners shall from time to 
 time deduct and allow all rents, synodals, proxies, and other charges, 
 including salaries -and stipends of perpetual curates, or licensed assistant 
 curates of any benefice, the incumbent whereof shall be resident in any 
 such benefice." 
 
 That was a deduction, not from the incumbent, but a deduction from 
 the valuation, whereby the tax was reduced and he was benefited. Any 
 person reading this proviso alone, and not referring to the Church Tem- 
 poralities Act, would suppose that deduction was used in the same sense 
 throughout the proviso, that a curate's salary should not now be deducted 
 from an incumbent, unless it had been deducted from him for five years 
 by the Ecclesiastical Commissioners. But the word means two quite 
 different and opposite things : the deduction made by the Ecclesiastical 
 Commissioners was a benefit to the incumbent, the deduction to be made 
 under the Act is a deduction from his income ; to make one the test of 
 the other is, perhaps, as capricious and extraordinary a piece of legis- 
 lation as can be imagined ; but we must, of course, give the proviso its 
 ordinary grammatical meaning, and carry it out, although it leads to 
 consequences the most unreasonable and unjust, and which the framers 
 of it could not have understood. 
 
 I just mention a few instances of the mode in which this proviso 
 works : the benefit of the deduction of curates' salary from the valuation 
 was only given in case the incumbent was resident, and for a very good 
 reason, as a discouragement to non-residence, and consequently, a rector 
 livin" 1 abroad, and employing two curates, would not have been entitled 
 to claim this deduction ; whereas a resident rector, under the same cir- 
 cumstances, would have been allowed the deduction, and have, had his 
 
102 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 tax reduced. But now, by this legislation, the non-resident rector is 
 specially rewarded, the salaries of the two curates cannot he deducted 
 from the absentee rector, because no deduction was made for them by 
 the Ecclesiastical Commissioners, and therefore he will have his curates 
 henceforward paid for him by the Commissioners, and he will receive 
 his income free from any deduction for curate's salary ; while his resi- 
 dent neighbour, who discharged the duties of his parish, and kept his 
 curates, and was allowed for them by the Ecclesiastical Commissioners, 
 is liable to have the salaries of the curates deducted from his income. 
 
 Many other such absurd consequences can be pointed out. A rector, 
 who for a year, either from neglect or from inability to obtain a suitable 
 curate, or from the curate not being licensed , failed iu getting the deduc- 
 tion for one year, now avoids the liability to pay the curate ; while the 
 rector who has taken care to have a licensed curate during the five years, 
 will not receive the benefit conferred upon his more fortunate neighbour 
 of having his curate paid for him by the Commissioners. 
 
 So, incumbents appointed before the Church Temporalities Act passed, 
 and who, therefore, never were liable to the tax, receive the benefit of 
 an addition to their income of the salaries payable by them to their 
 curates, the only difference between the cases being, that the curate 
 whose salary is not deducted may commute without the consent of the 
 incumbent. However, we have only the duty of interpreting and carry- 
 ing out the Act ; and I state these instances of the operation of the 
 proviso to show that we cannot allow ourselves to speculate very much 
 upon the intentions which the wisdom of the Legislature had in 
 introducing the proviso, but must give it its plain and ordinary meaning. 
 We cannot, therefore, attach any weight to the argument that the 
 Legislature must have intended that the test was to be whether it was 
 deducted from the same person, as that would be a better test than if the 
 acts of his predecessor were to be considered. 
 
 Looking, therefore, at the proviso, the question is — what is the 
 meaning of the words, "■in the case of the same incumbency"? does it 
 mean, as contended by the appellant's counsel, " the same incumbent ;" 
 or, as argued by Mr. Law, " the same benefice "? We think the latter is 
 the true construction ; that incumbency is used throughout in the sense 
 of benefice or preferment, which is a very ordinary meaning of the term ; 
 and we think that, if the intention had been, as contended for by the 
 appellant, the language would have been "in the case of the same incum- 
 bent," not " the same incumbency." There is nothing to show that the 
 same incumbency means the incumbency of the same person ; and if the 
 deduction had been made for five years in valuing the benefice, no matter 
 who the holder was, it is a deduction in the case of the same incumbency. 
 When a new incumbent has come in within the five years, if he deemed 
 a curate unnecessary in his case, it is to be supposed that he would cease 
 to keep him, and therefore he would not be in a position to claim the 
 allowance; but if he continue the same course of employing a curate as 
 his predecessor did, it is an affirmance by him that the curate is necessary. 
 
 We, therefore, disallow his objection, and hold that one curate's 
 salary is to be deducted from Mr. King. 
 
 The fourth objection is as to the deduction of visitation fees. I had 
 ruled that these should be deducted as coming under the general words, 
 "rates and taxes, and outgoings to which the holder is liable by law." 
 Visitation fees at present are regulated by the rules and orders prepared 
 by the archbishops, and approved of by the Privy Council, under the 
 27 & 28 Vic, c. 54. They are fixed by those rules and orders at one 
 penny in the pound upon the net income. It was stated by Mr 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 103 
 
 M'Causland, who argued this point very ably on behalf of the Rev. Mr. 
 Maxwell, that a question had been raised as to the legality of these fees, 
 that the payment of them had been successfully resisted in the diocese 
 of Derry, and that an appeal was now pending from a decision of the 
 Chairman of Londonderry upon the point. In the view we take of this 
 case it is not necessary for us to give any opinion upon that point. The 
 remedy for the recovery of the fees is given by the 75th section of that 
 Act, and it is by civil bill process against the incumbent, so that it is a 
 personal liability of the incumbent, and not a charge upon the profit of 
 his benefice. It may be open to doubt whether such a tax falls at all 
 within the meaning of the 14th section, as not being an outgoing from 
 the profits of the benefice ; upon that point we entertain some doubt, but 
 I prefer to rest the decision at which we have arrived, that those 
 visitation fees ought not to be deducted upon another ground. 
 
 By the 2lst section of the Irish Church Act, the 27 & 28 Vic, c. 54, 
 is repealed from the 1st January, 1871, and this tax then ceases to exist ; 
 but the annuities under the 14th section only come into operation from 
 that day, and the effect of deducting it would make the incumbent 
 permanently chargeable with a tax, which is in express terms abolished 
 by this Act. Moreover, the effect of repealing this tax would be to 
 restore the former law as to visitation fees. They in their origin were » 
 kind of composition for the expense of entertaining and providing for the 
 bishop and his officers upon their visitation, and were only enforceable 
 by the canon law. That law, it may be contended, would, on the 1st of 
 January, 1871, by virtue of the 20th section, subsist by contract, and in 
 that way, or by mutual arrangement, the clergy might still be liable to 
 contribute towards the expense of these visitations ; and thus, if the 
 former tax were deducted from them, they might be subject to a double 
 burthen. 
 
 We are, therefore, of opinion, that the objection as to the deduction 
 of visitation fees must prevail. 
 
 The fifth and last objection relates to the deduction for the ecclesiastical 
 tax, and we are all clearly of opinion, that there is no foundation what- 
 ever for this objection, and that the right and duty of the Commissioners 
 is quite clear. This tax is a charge upon the benefice, imposed by the 
 3 & 4 Wm. IV., c. 37, upon all benefices becoming void after the passing 
 of that Act ; and, by the 14th section of that Act, the Ecclesiastical 
 Commissioners are to have, take, levy, and receive therefrom and there- 
 out^or ever thereafter, a yearly tax, rate, or assessment upon the valuation, 
 and according to the scale mentioned in the Act, so that every incumbent 
 appointed since that Act, took his benefice expressly subject to this 
 perpetual annuity charged upon it. If the Irish Church Act had not 
 passed, his income would have been the profits and emoluments of his 
 benefice, minus the amount of this yearly annuity. The I4th section 
 directs us to ascertain the income of which he will be deprived by virtue 
 of this Act, and that income is the profits of the benefice after the charge 
 is paid. Therefore, if the Act were wholly silent about deducting rates 
 and taxes, and merely directed us to ascertain the income of which the 
 incumbent was deprived by virtue of the Act, surely it could only be the 
 income he enjoyed, the annuity to be given being intended to be equal 
 to that income, so that he shall not be a loser in a pecuniary way by the 
 passing of the Act. I must confess that I think this point is so clear as 
 to be scarcely open to serious argument. With respect to the difficulties 
 which have been suggested, that the tax may be varied in its amount 
 from year to year, precisely the same objection applies to poor-rates, and 
 we must adopt the same mode of ascertaining the proper deduction, by 
 
104 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 taking such an average as will give a fair result. It is said that the tax 
 is variable, and that we would thus be making it fixed ; but in this we 
 are not imposing a tax, we are estimating an incomeafterourgoings. There 
 is nothing here to indicate any intention of the Legislature to abolish 
 this tax, as there is in the case of the visitation fees. 
 
 I find nothing in the Act to show an intention to extinguish it, or to 
 add its amount to the existing income of the incumbent, who took his 
 benefice subject to it. 
 
 We, therefore, overrule this objection ; the Rev. Mr. King having 
 succeeded on several of his objections, is, of course, entitled to the costs 
 of his claim. 
 
 Viscount Monck and Mr. Hamilton concurred in this judgment. 
 
 Increase of Tithe Kent-charge — The Corn Averages Ques- 
 tion (heard by the three Commissioners, the 2nd July, 1870). 
 
 In re Rev. George Brtdges Saters, Incumbent of Templecorran 
 and Kilroot, Diocese of Connor, Appellant. 
 
 This was an appeal from a conditional order made by Mr. Justice 
 Lawson. 
 
 Dr. Battersby, o..c, with Mr. Twigg, instructed by Mr. George Ber- 
 nard, solicitor, appeared for appellant. 
 
 Dr. Battersby stated that the last septennial period was in 1 868, and, 
 therefore, no further average could be struck under ordinary circum- 
 stances until ] 875. Counsel admitted that he could not cite any prece- 
 dent for an increase in the compensation, as from the novel nature of the 
 case there were no precedents, but the cases which most resembled it 
 were those of purchasing lands for the purposes of a railway. In such 
 cases a jury would, in fixing the amount of purchase-money, take into 
 account any advantages that would flow into the owner's interest if he 
 retained possession. The appellant had a right in this case, so far as the 
 time had yet elapsed, to an increase of 4s. per barrel on oats. The Com- 
 missioners were to estimate the rights that the clergy would have had if 
 the Irish Church Act had never passed. 
 
 Mr. Justice Lawson observed that the Commissioners were to allow 
 for any prospective increase arising from the falling in or cessation of 
 charges under the 14th section, but the present case did not seem to come 
 under that head. 
 
 Mr. Twigg submitted that the case was very similar to that of loss of 
 tithes. 
 
 Mr. Justice Lawson, in delivering judgment, said the Commissioners 
 were all of opinion that the objection could not be sustained. They did 
 not think it was intended that the Commissioners were to undertake the 
 extraordinary duty of ascertaining whether an incumbent could succeed 
 in some years hence in raising his tithes by a somewhat elaborate and 
 technical process at quarter sessions. The conditional order would be 
 therefore affirmed. It was to the effect, that unless proceedings for the 
 purpose of raising the rent-charge were taken, and successfully prosecuted 
 by the incumbent during the year 1870 in pursuance of the provisions 
 of the statutes, the claim for increased rent-charge could not be allowed. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 105 
 
 Stipends op Perpetual Curates a Legal Outgoing (heard 
 by the three Commissioners, the 2nd July, 1870). 
 
 In re The Very Rev. Lord Edward Chichester, Dean and 
 Incumbent of Raphoej Appellant. 
 
 This was an appeal from a conditional order of Mr. Justice Lawson, 
 deducting stipend of perpetual curate of Convoy in estimating claimant's 
 annuity. , 
 
 Mr. May, Q.c., instructed by Mr. Meaze, solicitor, appeared for tie 
 appellant, and contended that he was not liable to deduction of this 
 stipend, and that the "other outgoings" mentioned in the 14th section 
 of the Irish Church Act did not cover such a charge. 
 
 Mr. Justice Lawson called attention to the fact that the Dean had 
 escaped a deduction of about ,£300 a year for his two stipendiary 
 curates — no deduction having been made by the Ecclesiastical Commis- 
 sioners for the five years next preceding the 1st of January, 1869, as the 
 Dean was appointed prior to the passing of the Church Temporalities 
 Act of 1833. 
 
 Mr. Justice Lawson delivered judgment and said that inasmuch as it 
 was out of the Dean's power to remove the perpetual curate of Convoy, 
 and the benefice was legally liable to the charge, the Commissioners 
 could not make any change in the conditional order, which directed that 
 the stipend should be deducted. 
 
 Viscount Monck and Mr. Hamilton concurred in this judgment. 
 
 Marriage and Burial Fees allowed in estimating Annuities. 
 (heard by the three Commissioners, the 25th and 26th October, 
 1870). 
 
 In re The Archdeacon of Dublin; Rev. T. F. Miller, d.d., 
 Vicar of Belfast; Rev. Ronald M'Donnell, d.d., Vicar of 
 Monkstown; Rev. Arthur Gore Ryder, d.d., Rector of 
 Donnybrook; and Rev. J. H. Monahan, d.d., Rector of St. 
 Mary's, Appellants. 
 
 In these cases the appeals were from conditional orders of Mr. Justice 
 Lawson disallowing compensation in respect of deprivation of " surplice 
 fees " when estimating the annuities of appellants. 
 
 Mr. Pilldngton, q.c, who appeared for the Rev. Dr. Miller, stated 
 that his client had been presented to the Vicarage of Belfast by the 
 Marquess of Donegall, in 1847. The parish of Belfast was very exten- 
 sive and had an enormous population, and he alone had the right of 
 celebrating marriages. By the Irish Church Act that monopoly would 
 be destroyed; and if it was shown that it had been the usage for years 
 to obtain fees on the occasion of marriages— that, in fact, they were 
 recoverable at common law, he would contend that they were an essen- 
 tial element of income. Evidence could be given which would entitle 
 the Court to presume a grant of the right claimed, and that the Vicar 
 was entitled to 8s. 6d: for marriages by licence, and 5s. by banus. The 
 burial fees were a smaller matter, and he was prepared to prove that 
 these had been levied for such a time as to establish a prescriptive 
 right.;. 
 
106 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 Mr. Justice Lawson aaid, that in these cases parties appeared to pro- 
 ceed upon the assumption, that after December, 1870, ministers of the 
 disestablished Church would not be entitled to celebrate marriages, 
 whereas they could not only do so, but might also pass an Act by their 
 Representative Assembly, empowering the levying of such fees. 
 
 Dr. Rickey, who appeared for the Rev. Dr. Ryder, said there was no 
 ecclesiastical statute that would enable the clergyman to enforce the fees. 
 The general tone of the canon law was against them, and that was the 
 rule before the Reformation; but the position which the clergyman 
 occupied in the Established Church was peculiar. Theoretically he was 
 supposed to be paid for performing all his duties by his tithe rent- 
 charge ; but the law acknowledged this, that, by the existence of a 
 custom springing up in a parish, the incumbent could, by proof of the 
 fact, and of continuous payment, establish a right to fees, which he could 
 recover at law. In reference to the question of burial fees, all the 
 authorities bearing on it were collected in the first volume of Burns' 
 Ecclesiastical Law, page 226. All through the statutes the clergyman 
 had a sort of vested right in a dead person, and could recover a portion 
 of the fees, even if a parishioner were buried in a different parish. With 
 regard to marriage fees, they arose in the same way as the burial fees. 
 Marriage fees, according to the general canon law, were not enforceable by 
 that law, because, marriage being a sacrament of the Church, the de- 
 mand for fees was considered a denial of the sacrament. Before the 
 Reformation there was a prescriptive payment of fees to incumbents for 
 the performance of these ceremonies ; and in the second volume of Burns', 
 page 480, it was stated that there was no doubt that such fees could be 
 recovered at law. There were several cases on the subject ; and the last 
 of them was that of Bryan v. Foot, in the English Queen's Bench and 
 Exchequer Reports. In that case, with regard to the prescriptive pay- 
 ment of marriage fees, the Judges were unanimous on one point — that, if 
 a prescriptive payment of marriage fees existing in a parish could be 
 proved, the clergyman could recover, by action at common law, from the 
 person married, the amount of these fees. The person going to be mar- 
 ried was married under the formularies of the Prayer Book, and had 
 before him, in the vestry, a board containing the amount of marriage 
 fees payable, and when he called on the clergyman to perform the cere- 
 mony according to the ritual of the Established Church, he bound him- 
 self, by an implied contract to pay the accustomed fee, of which he had 
 notice on that placard. 
 
 Mr. Justice Lawson delivered the judgment of the Commissioners. 
 He said, the question involved was one of serious importance— it was, 
 whether the Commissioners were bound to compensate the rector of a 
 parish for the loss of income arising from fees which are usually known 
 as surplice fees. These fees divided themselves into two classes — fees 
 payable on the celebration of marriage, and burial fees. It was properly 
 admitted by counsel that, so far as the fees were voluntary or compli- 
 mentary, they were not within the Act at all, because the clergyman was 
 not deprived of these by the operation of the Act, and there was no 
 reason to suppose he would not receive them as freely as before ; but it 
 was contended that there was a legal fee for the celebration of marriage 
 capable of being exacted or enforced by procedure either in the Eccle- 
 siastical Courts or through the medium of the ordinary tribunals, and 
 that by the operation of the Irish Church Act the clergyman would be 
 deprived of them. Now, there could be no doubt that a certain fixed 
 fee had been received for the celebration of marriage in the cases before 
 the Commissioners, and the authorities went to this extent — that the 
 fees having been paid from time immemorial, on the ground either of 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 107 
 
 prescription or grant, or some legal origin of that kind, might be enforced, 
 as decided in the case of Bryan v. .Foot, reported in the 2nd Law He- 
 ports, Court of Queen's Bench, England, and which afterwards came 
 before the Court of Exchequer Chamber ; in that case, though the Judges 
 differed on one point, as to whether the custom could or could not be 
 sustained, by reason of the fee being an unreasonable one, they all con- 
 curred that a fee of this kind, if reasonable in amount, and if paid as long 
 as living memory extended, was legal, and might be enforced. It was 
 not necessary for the Commissioners to say whether it could be enforced 
 in the Ecclesiastical or Law Courts; it was enough to determine that it 
 was a fee having a legal origin, and legally enforceable by the clergyman. 
 He came next to the second branch of the argument, which was, whether 
 the clergyman was deprived of that fee by the Irish Church Act. It 
 was stated on behalf of Dr. Miller, that fees of 8s. 6d. for a marriage by 
 licence, and 5s. for a marriage by banns, had been always received by the 
 Vicar of Belfast. A statement that these fees would be exacted had been 
 posted up in the vestry, and duly notified to every one of the parishioners. 
 If that were established it showed that the fee was legal ; and it would 
 seem to go to sustain it almost on the ground of contract; because, with 
 a person coming in to have a duty of this kind performed, there would be 
 an implied contract to pay the fee. If that were the view to be upheld, 
 the fee was only recoverable by the rector of the parish in his ecclesiastical 
 capacity ; and Mr. Pilkington contended that, as by the Irish Church Act 
 all rectorial and other corporations sole were abolished, the clergyman 
 was divested of his legal right to recover these fees. The Commissioners 
 concurred in this view, and they thought that, if fees were enforceable, 
 they couldbe no longer enforced after the 1st January, 1871 ; and they 
 thought that the case was made out on behalf of the applicants, assuming 
 the facts to be established to the satisfaction of the Commissioners. In 
 order to prevent confusion, and to obviate the necessity of dealing with 
 claims preferred in ignorance of the decision at which they had arrived, 
 the Commissioners had drawn up the following minute, which they would 
 place on record : — " In every case in which it is shown- to the satisfaction 
 of the Commissioners that, as far as living memory goes, a fixed and 
 reasonable fee has been uniformly paid in the parish to the clergyman for 
 the celebration of marriage, and that the public has been duly apprized 
 of the existence of such fee, and that it would be exacted, compensation 
 will be allowed for the loss of the income arising from such fees on an 
 average of years." He now came to the second branch of the argument, 
 with reference to the burial fees. By the ordinary operation of the Irish 
 Church Act, the rights of the clergy in their corporeal hereditaments 
 were preserved. The rector was allowed a freehold in the church-yard 
 for life, and he was not deprived of that freehold, except in one case, 
 under the 26th section, when the burial-ground was separated from the 
 church by a carriage highway, and the Commissioners were empowered 
 to vest it in the guardians of the poor. The Commissioners thought, 
 therefore, that in such a case, where he might be deprived of his rights by 
 the action of the Commissioners, he was entitled to have his claim allowed. 
 With respect to this matter, also, the Commissioners had drawn up a 
 minute and placed it on record. It was as follows: — "In the case of 
 burial-grounds separated from the church by a highway, and which may 
 become vested in the guardians of the poor, if it shall be shown to the 
 satisfaction of the Commissioners that a fixed and reasonable fee has been 
 uniformly paid as a fee for burial, and that the existence of such fee has 
 been duly notified to the public, compensation will be allowed for the loss 
 of income arising from such fees on an average of years." 
 Viscount Monok. and Mr. Hamilton concurred in this judgment. 
 
108 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 Monumental Fees not Compensated for in Estimating 
 Commutation Yalue of Incumbent's Life Interest (heard 
 by Viscount Monck and Mr. Justice Lawson, the 12th Decem- 
 ber, 1871). 
 
 In re Kev. Maurice A. C. Collis, d.d., Incumbent of Queenstown, 
 in the Diocese of Cloyne, Appellant. 
 
 It appeared that the appellant had lodged a claim for commutation of 
 his annuity and life interest, and that an order had been made by the 
 Commissioners disallowing that portion of his claim which related to 
 monumental fees, and that the appellant had waived his right to appeal 
 to arbitration under the 42nd section of the Act, in order to have .the 
 question argued by Counsel before the Commissioners. 
 
 Mr. Pilkington, q.c., with Mr. Bewley, appeared for the appellant, and 
 urged that as the claimant had always received the fees in question, an 
 average of them might be made and allowed in estimating value of life 
 interest. Counsel stated that the fees were very moderate, being 10s. for 
 a flat-stone and 5s. for a head-stone. 
 
 Mr. Justice Lawson, after referring to the points decided in cases* 
 that had been previously argued before the Court, delivered judgment and 
 said — This is a claim to be allowed in commutation the amount received 
 by the incumbent for monumental fees, and the question in the case de- 
 pends altogether upon the construction of the 23rd section of the Act, 
 That section directs the claimant desirous of commuting to apply to the 
 Commissioners to commute — first, his annuity, and, secondly, the value 
 of his life interest in any ecclesiastical property, exclusive of any income 
 derived from pew rents and burial fees ; and then directs the Commis- 
 sioners to cause the present value of the annuity, and also of such life 
 interest, exclusive as aforesaid, to be estimated. The question is, What 
 is meant by the words " burial fees " in that section ? and if the fees now 
 claimed be burial fees within the true meaning of that section, we are for- 
 bidden to include them in the estimate. Now, it appears to us very clearly 
 for the reasons 1 shall state, that the fees now claimed are burial fees, and 
 cannot be included. The earlier part of the Act directs us to ascertain 
 the annuity to which the incumbent is entitled, which is to be measured 
 by the amount of which the Act deprives him. Now the Act does not 
 deprive him of his life interest in the church and churchyard, but pre- 
 serves it ; it does, however, deprive him of his corporate character of rector 
 or vicar, and therefore disables him from recovering any fees formerly 
 payable to him for services rendered by him in that capacity. Upon that 
 ground we held that surplice fees were to be included in estimating the 
 amount of which the incumbent was deprived. It seems, therefore, to be 
 a corollary from that decision that the burial fees spoken of in the 23rd 
 section are not in the nature of surplice fees payable for a personal service, 
 but fees which the incumbent was or might be entitled to demand, in re- 
 spect of his freehold in the church and churchyard, for granting ground 
 for burial or the privilege of putting up monuments. They are spoken of 
 in the section, not in connexion with the annuity, but in connexion with 
 the life interest in the ecclesiastical property ; they are named in connexion 
 with pew rents, which are similar in their nature, being a payment for a 
 right given in the church, as the others are for a right given m the church- 
 yard. There is no hardship in so construing the Act. The clergyman is 
 
 * See preceding deciiion in the ease of the Archdeacon of Dublin and others. 
 
decisions tfifDim the ieish church acts. 109 
 
 hot bound to commute ; he can only do so by the consent of the Repre- 
 sentative Church Body, and they can make such terms upon the subject 
 as they agree upon. Now, although by commutation the incumbent gives 
 up his life estate in the church and churchyard, the Representative Church 
 Body are entitled to claim it again ; and this may have been the reason 
 for the positive direction to exclude these sources of income. But be that 
 as it may, the words of the 23rd section are clear and admit of no doubt, 
 and we could not, without violating the Act, find for the present claim. 
 
 Viscount Monck expressed his concurrence in the judgment. 
 
 The appeal was accordingly dismissed. 
 
 Augmentations of Incomes op Incumbents by Congregations 
 Disallowed (heard by the three Commissioners, the 26th 
 October, 1870). 
 
 In re Rev. John W. Murray, ll.d., Incumbent of Ballymena, 
 Diocese of Connor, Appellant. 
 
 Mr. Pilhington, q.c, said he had to make an application for an award 
 of £100 a year, under rather peculiar circumstances. An annuity had 
 already been allowed by Mr. Justice Lawson of £117 a year, in respect 
 of the sources of income appellant had been deprived of by the Act. In 
 the year 1866, Dr. Murray was about to leave the parish, when he was 
 prevailed upon to remain, on several representatives of the parishioners 
 undertaking voluntarily to make up a sum of £100 a year to augment 
 his income. This undertaking had been carried out up to the present, 
 but Dr. Murray was apprehensive, and there could be little doubt that the 
 augmentation would now cease. 
 
 Mr. Justice Lawson. — This case is different from that of a curate. 
 We can only give Dr. Murray what he is deprived of by the Act. 
 
 Mr. Pilhington. — Tour lordship does not consider he will be deprived 
 of this by the Act ? 
 
 Lord Monck. — The Act will not deprive him of it. 
 
 Mr. Justice Lawson He has no legal claim on the congregation. 
 
 They may double the sum to-morrow, or they may stop it altogether. 
 We are doing a great service to this parish ; the congregation had to pay 
 the curate before, and we are doing it now. 
 
 The application was refused accordingly. 
 
 Compensation for Workhouse Chaplaincies not allowed in 
 fixing Incumbents' Annuities (heard by the three Commis- 
 sioners, the 26th October, 1870). 
 
 In re Eev. James Percival Myles, Rector of Fanlobbus, 
 Diocese of Cork, Appellant. 
 
 Dr. Ball, «.c, m.p., with Mr. Pilhington, , q.c., instructed by Mr. 
 George Bernard, solicitor, appeared tor the appellant, who asked the 
 Court to reconsider a decision in Chamber, by which his claim for an annuity 
 had been reduced by £20. It appeared that Mr. Myles received an 
 annual salary for discharging the duty of Chaplain of the Dunmanway 
 Union Workhouse, and counsel argued that by the passing of the Irish 
 Church Act he was liable to be deprived of his office, which, by the lst& 
 
110 DECISIONS UNDER THE IRISH CHURCH ACTS, 
 
 2nd Vic, chap. 56, sec. 48, he must needs fill during the existence of the 
 Establishment. 
 
 Mr. Justice Lawson could not read the clause as a mandatory obliga- 
 tion on the Poor Law Guardians to appoint Mr. Myles, and he could not 
 see why the office should determine at the end of the year, as it was com- 
 pulsory by the Act to have a Protestant clergyman so long as there were 
 Protestant inmates. 
 
 Mr. Pilkington, q.c, said the passing of the Irish Church Act did away 
 with Mr. Myles' monopoly. He might mem^on that there had been a 
 mandamus case in the Queen's Bench, which supported the argument. 
 
 Mr. Justice Lawsom said the Court were unanimously of opinion that 
 the appeal had failed. Rule accordingly. 
 
 Incumbents not allowed more than they are legally deprived 
 op (heard by Viscount Monck and Mr. Justice Lawson the 1st 
 February, 1870). 
 
 In re Rev. John Blackburne Kane, Incumbent of Annaghmore, 
 Diocese of Armagh, Appellant. 
 
 The appellant appeared in person and stated that he had been appointed 
 to this perpetual curacy, in the diocese of Armagh, in the year 1853 or 
 1854. His income was made up of £25 from each of three rectors, and 
 £5 from a gentleman having property in the district. He was told that 
 this would be increased if he did not get a house. He had also been 
 allowed for five or six years £30 by the late Mrs. Coke. The Ecclesias- 
 tical Commissioners had at one time increased his income by £20, at 
 another time by £5, and again by £25 — £50 in all. He had an intention 
 of proceeding to a foreign mission, but he found he had really much 
 heathen work to do at home, and he thought his income would be increased. 
 The £30 formerly paid him by Mrs. Coke had been withdrawn. He did 
 not return £10 that he received from a gentleman named Hardy because 
 that was a gratuity. 
 
 Mr. Justice Lawson said the Commissioners could not alter the deci- 
 sion already given. They could not give Mr. Kane more than he had been 
 legally deprived of by the Act.* 
 
 Viscount Monck concurred in this judgment. 
 
 Compensation for Tenants' Duty Labour, in ascertaining 
 Commutation Value op Life Interest (heard by Viscount 
 Monck, Mr. Justice Lawson, and the Master of the Rolls 
 the 30th October, 1872). '~ ' 
 
 In re Rev. John Knox Barklie, Incumbent of Outragh, Diocese 
 of Kilmore. 
 
 Mr. Pilkington, a.c, on behalf of appellant, claimed compensation to 
 the amount of £14 12*. 6rf., being the annual value put upon a species 
 of service which Mr. Barklie had been in the habit of receiving from the 
 tenants of his lands, called " duty labour." Mr. Barklie had been com- 
 pensated for his glebe lands, but his claim for the '' duty labour " had 
 
 * In delivering judgment in another case, Mr. Justice Lawson said the Commissioners 
 had no power to grant augmentations or to speculate upon prospective augmentations 
 which it was said would have been given if the Irish Church Establishment had con 
 tinued to exist. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. Ill*' 
 
 been disallowed. It consisted of four days' labour in each year which 
 was due to him from each of 45 tenants of his glebe. They were yearly 
 tenants, and in default of giving that labour, they had been held bound 
 to send paid substitutes. This service had been treated as part of their 
 rent, and in one instance in which it was withheld, Mr. Barklie threatened 
 to evict, and the tenant yielded. This custom has existed from the 
 time of the first Rector of the benefice, but the number of days given 
 formerly was more than it is now. The predecessor of claimant 
 estimated the value at £ 1 5 a year, but there were probably more tenants 
 then than at present. The practice was for the bailiff to summon the 
 tenants, according to the townlands, for hay-making, reaping oats, &c, 
 in summer, and in winter a smaller number attended for general work. 
 
 Mr. Justice Lawson. — Do you think these tenants will do the same 
 work for the Commissioners? 
 
 Mr. Pilkington. — I am quite sure if your lordships call on them they 
 will. It is a very common custom in that part of the country. 
 
 Mr. Justice Lawson said Mr. Barklie had excluded from his original 
 commutation paper the lands on which this service had been customarily 
 rendered to him. 
 
 Mr. Pilkington said he had since applied for commutation in respect 
 of the whole of his lands, and further stated that on claimant's appoint- 
 ment to benefice (he having exchanged benefices with the previous 
 Rector) regard was paid to the value of the "duty labour" from the 
 tenants. 
 
 Mr. Justice Lawson, in delivering j udgment, said that the last-men- 
 tioned statements of Counsel had removed a difficulty, and, as the case 
 appeared to them to be a special one, they would make a further payment 
 of commutation money in respect of " duty labour," but the amount to 
 be allowed would be considered by Lord Monck. 
 
 Viscount Monck and the Master or the Rolls concurred in the 
 judgment. 
 
 Subsequently an allowance of £ 1 1 5*. per annum was made, being at 
 the rate of Is. 3d a day for forty-five tenants for four days each in the 
 year. 
 
 IV. — Decisions affecting Compensation to Cueates. 
 
 Curates of Proprietary Chapels declared entitled to 
 Annuities (heard by the three Commissioners, the 6th July, 
 1870). 
 
 In re Rev. John H. Seymour, Curate of Trinity Church, Belfast, 
 Diocese of Connor, Appellant. 
 
 Mr. Pilkington, q.c., and Dr. Elrington, q.c , with Mr. Cosby, appeared 
 for the appellant, who objected to a conditional order, pronounced on 
 the 25th March by Mr. Justice Lawson, disallowing his claim. It ap- 
 peared that Trinity Church was constituted under the 6 & 7 Wm. IV., 
 c, 31 sections 4 and 5, and counsel contended that there was nothing in 
 the 1 5th section of the Irish Church Act to confine its operation to cases 
 where the curate, by removal, is deprived of income. In fact, the inter- 
 pretation of the word " curate " has not been narrowed by the Act, but 
 extended to include residentiary preachers and readers, and counsel sub- 
 mitted that there was nothing in the 70th section of the Irish Church 
 Act to prevent the claim being allowed under the 15th section. 
 
112 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 Judgment having been reserved until" 9th July, 1870, was on that day 
 delivered by Mr. Justice Lawson for the three Commissioners. 
 
 Mr. Justice Lawson, in delivering judgment, said — In the case of the 
 Eev. J. H. Seymour, curate of Trinity Church, Belfast, an appeal was 
 taken from a ruling of mine disallowing his claim as a permanent curate 
 It appears that Trinity Church was built and endowed under the pro- 
 visions of the 6 & 7 Win. IV., chap. 31. It was consecrated in the 
 year 1843, and the patronage is vested in trustees. It also appears 
 that in accordance with the 4th section of that Act a pastoral district 
 was assigned to it by the Bishop. That Act was repealed by the J 4 & 15 
 Vic, c. 71, but in substance re-enacted by the 14 & 15 Vic, o. 72. The 
 23rd section of the last Act creates such a church a perpetual cure, and 
 therefore the incumbent of such a church who is paid by endowment 
 and pew-rents could not claim anything under the 14th section of the 
 Irish Church Act, as he would not be deprived of anything by the 
 passing of the Act, as by the 70th section the patronage and property 
 appropriated to such a church is unaffected by the Act. The 15th 
 section; which deals with curates only, requires us to ascertain the 
 amount of yearly income received by each curate, and if he be entitled 
 to be deemed a permanent curate to give him an annuity equal to the 
 amount of such yearly income. The amount of the .Rev. Mr. Seymour's 
 income is £125, paid him by the incumbent, and the circumstances of 
 the parish are such, in our opinion, as would justify the recognition of 
 a permanent curate, if Mr. Seymour be not disqualified by reason of 
 the status of the church to which he is attached. We have heard the 
 case argued, and the very clear and able arguments of Messrs. Pilkington 
 and Elrington have satisfied me and my colleagues that the order ap- 
 pealed against is erroneous, and that Mr. Seymour's claim must be- 
 allowed. The definition of curate in the Irish Church Act is very large, 
 including even a residentiary preacher or reader. We think the effect 
 of the 70th section is only to prevent the Act from affecting the 
 patronage or property appropriated to such churches, and that it does 
 not disqualify curates of such churches from claiming as permanent 
 curates if otherwise entitled. Nor is there anything in the Act to dis- 
 qualify a curate because his incumbent is not entitled to any annuity 
 under the 14th section. The effect of such a construction would-be that 
 the curate of a rector having no tithe rent-charge, only glebe land, would 
 be disqualified— a construction which we cannot put upon the Act. It 
 appears to have been intended to confer on all curates who might be 
 held to be permanent the advantage of securing to them an annuity, 
 equivalent to their yearly income, even in cases where such annuity 
 cannot be deducted from the incumbent, and where it is, therefore, a 
 charge upon the funds of the Commissioners which they have no means 
 of recouping themselves for. We, therefore, hold that Mr. Seymour 
 is entitled to the annuity ■, but this decision must be understood as apply- 
 ing only to district proprietary churches similarly founded. We give no 
 opinion as to other proprietary churches at present. 
 
 Costs with decision. 
 
decisions under the irish church acts. 113 
 
 Chaplains of District Proprietary Churches deemed Per- 
 manent Curates (heard by the three Commissioners, the 26th 
 October, 1870). 
 
 In re The Rev. Frederick Falkiner Carmichael, Chaplain Of 
 Magdalen Asylum Chapel, Dublin, Appellant. 
 
 In this case it appeared that the appellant was the curate and chaplain 
 of the Magdalen Asylum Chapel, and was under the control of Arch- 
 deacon Lee as rector of St. Peter's. His claim to be considered a per- 
 manent curate had been disallowed by Mr. Justice Lawson. 
 
 Mr. Pilhington, q.c, now, on his behalf, submitted that as there were 
 over 200 free sittings in the church, that between 300 and 400 parishioners 
 constantly attended it, and as he discharged ordinary parochial duties, 
 by visiting, &c, it was clear his client should be regarded as a permanent 
 curate of the parish of St. Peter. 
 
 Judgment was reserved until 28th October, 1870, when Mr. Justice 
 Lawson said he had disallowed the claim because he wished in this, as in 
 many other cases, to obtain the opinions of his brother Commissioners, 
 and he had no other way to bring the subject before them. All the 
 observations he had made in the case of Mr. Leech* were applicable here 
 to show that Mr. Carmichael must be considered a curate. He held the 
 licence of the Archbishop of Dublin, he had subscribed the stipendiary 
 curate's declaration, and he was doing duty in a large church, situate in a 
 populous parish of the city, containing 600 sittings, of which 200 were 
 free. He discharged the duties of parochial reader and minister to the 
 families of all the frequenters of the church. The Commissioners enter- 
 tain no doubt that this was a public church, largely frequented by the 
 public, and that Mr. Carmichael was, by the implied sanction of the 
 rector, discharging within the Parish of St. Peter the duties of an 
 ordinary curate. The Commissioners were all clearly of opinion that he 
 must be considered a permanent curate, because they could not think it 
 was the intention of the Legislature to exclude from the benefits of the 
 statute clergymen ministering in such populous districts. Mr. Carmichael 
 claimed an annuity of £200, which, he asserted, represented his income 
 over and above the pew^ents, which the Commissioners were precluded 
 from taking into consideration, and, as they considered that that sum was 
 reasonable, they should declare him entitled to an annuity equal to it in 
 amount. 
 
 Legal Position of Curates under " The Irish Church AcT,"t 
 (heard by the three Commissioners, the 26th October, 1870). 
 
 Rev. Samuel Evans, Appellant ; Rev. R. Verschoyle, Re- 
 spondent. 
 
 The appellant had been hitherto curate of the parish of Derryvollen, 
 in the diocese of Clogher, and he brought the present appeal against 
 a conditional order pronounced by Mr. Justice Lawson on the i 6th of 
 October, to the effect that as the appellant " had been removed as it 
 would appear legally " from his position he could not be deemed a per- 
 manent curate within the meaning of the Act. 
 
 * See case of " Chaplains of Colleges," post, page 115. 
 f See also decision of Privy Council, post, page 148. 
 
114 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 Messrs. Falkiner, q.c., Gamble, q.c, and J. 0. Byrne were for the 
 appellant. 
 
 Mr. Pilhington, Q.c., and Dr. Todd, q.c., for the respondent, contended 
 that under the circumstances of the case Mr. Verschoyle had good 
 grounds for removing the curate. It appeared that an appeal had been 
 made to the Primate, but His Grace refused to interfere. 
 
 Mr. Justice Lawson in delivering judgment said the Commissioners 
 thought that the order disallowing Mr. Evans's claim must be overruled, 
 and they should declare him a permanent, curate and entitled to his 
 annuity. He was serving as a curate between the days mentioned in the 
 Act, and had offered to continue his services, but his rector refused to 
 permit him to do so. He might remark, and in future it should be 
 understood, that the Commissioners would not go into questions of 
 discipline there. The proper ecclesiastical authority, or, after 1871, the 
 Representative Church Body, is that which must decide these questions. 
 
 Workhouse Chaplaincies deemed part op Curate's Income 
 (heard by the three Commissioners, the 26th October, 1870). 
 
 In re Rev. Thomas Moore, Curate of Dmmgoon, Diocese of 
 Kilmore, Appellant. 
 
 This was an appeal from a conditional order made by Mr. Justice 
 Lawson. 
 
 Dr Ball, o. c, m.p. (with whom was Mr. W. D. Andrews, u,.d.), 
 appeared for the appellant, and said the main features of the appeal arose 
 from the decision of Mr. Justice Lawson disallowing Mr. Moore's claim 
 on account of the chaplaincy of the Cootehill Workhouse, and making a 
 lower valuation of the glebe-house and lands than he submitted he was 
 entitled to. It appeared that the patron, a layman, had appointed the 
 late Rev. Mr. Murray rector, and he, being at the time aged and infirm, 
 entered into an arrangement with the appellant, under which the latter 
 was to discharge all the parochial duties, in consideration of being 
 allowed to enjoy the glebe-house and gardens, with about thirty-nine 
 acres of land, and receiving £50 a year, together with £25 annually for 
 the workhouse chaplaincy. Mr. Murray also consented to advance £ 1 00 
 a year for the payment of a second curate. Mr. Moore had sent in 
 an account, which showed that he had made a profit rent of £129 out of 
 the glebe-lands for each of the two past years ; but, notwithstanding, 
 the house, offices, and lands were only valued, for the purposes of com- 
 pensation, at £120. Again, Mr. Justice Lawson had disallowed the 
 claim in respect of the workhouse chaplaincy. 
 
 Mr. Justice Lawson Does he not hold that chaplaincy still ? 
 
 Dr. Ball. — No doubt ; but you seem to assume that he is to remain 
 in the parish, whereas once you have fixed his annuity there are certain 
 contingencies under which he may leave with the assent of the Repre- 
 sentative Church Body. 
 
 The Court confirmed the conditional order, except as to the workhouse 
 chaplaincy, in respect of which the Commissioners deemed Mr. Moore 
 entitled to a contingent annuity of £25 in case he should be deprived of 
 the chaplaincy. 
 
 Dr. Ball applied for the costs, as an important question was involved 
 in the case. 
 
 Mr. Justice Lawson said that, as the appellant had succeeded as to 
 the workhouse chaplaincy, he should have his costs. 
 
decisions under the irish church acts. ";115 
 
 Chaplains of Colleges not deemed Permanent Cueates 
 (heard by the three Commissioners, the 26th October, 1870). 
 
 In re the Rev. John Leech, Chaplain of Kingston College, 
 Parish of Brigown, Diocese of Cloyne, Appellant. 
 
 The appellant was appointed to the curacy of Kingston College, in the 
 town of Mitchelstown, on the 2nd September, ] 847. He claimed to be 
 regarded as a permanent curate on the ground that the college formed 
 part of the parish, and was under the control and dominion of the 
 rector. The claim was disallowed in chamber by Mr. Justice Lawson. 
 
 Mr. Pilhington, Q.c., now appeared for the appellant, and produced 
 the appointment to the office of curate of the college, submitting that 
 under the terms of the Act the claim was a proper one. 
 
 Mr. Justice Lawson said the difficulty he felt in this case was that he 
 (the appellant) was a sort of domestic chaplain, and had no spiritual 
 duties outside the walls of the college. 
 
 Mr. PilkiiKfton, o.c. (with Mr. Leech, q.c) said that if the chapel 
 was extra-parochial it would be an answer, but here the appellant had 
 been regularly appointed curate of the college. He had been officiating 
 ever since 1847, and the chapel in the college was open nine months in 
 the year, and was frequented by the people of the town, and occasionally 
 by the rector and his curate, who sometimes actually themselves cele- 
 brated Divine service there. 
 
 Lord Monck asked did Mr. Leech perform any other duties but those 
 • he discharged in the chapel ? 
 
 Mr. Pilkington, q.c, replied that, after celebrating service in the col- 
 lege chapel he read prayers in the parish church. 
 
 Mr. Justice Lawson said that one permanent curate had already been 
 allowed, and that the Commissioners never allowed a second permanent 
 curate unless the requirements of the parish necessitated it. 
 
 Judgment was reserved until 28th October, 1870, when Mr. Justice 
 Lawson delivered judgment — He said there could be no doubt that Mr. 
 Leech held the licence of the Bishop giving him the cure of souls within 
 the institution of which he was chaplain, and that he assisted the clergy- 
 man in the performance of Divine service, and further, that in the winter 
 months Divine service was celebrated in his chapel. The question 
 then was, was he a curate, and if so, was he to be considered a permanent 
 curate ? The word " curate " was not used in a restricted but rather in 
 a very enlarged sense in the Irish Church Act. A reference to the 
 glossary showed that it was extended to residentiary preachers and 
 readers', who would not be otherwise included in the Act, because a 
 residentiary preachership would not be an ecclesiastical preferment, and 
 a reader — though of course the case was different now — might have 
 in former times been a layman. The Legislature unmistakably indi- 
 cated that they intended to apply the term " curate " to every person 
 in orders who was performing spiritual duties in any parish in Ireland 
 with proper authority. He (Mr. Justice Lawson) would say that any 
 person performing Divine service in Ireland under the licence of the 
 Bishop, and with the sanction of the rector, was a curate within the 
 meaning of the Act, and to give to the word curate a more limited 
 signification, would appear to him to be entirely opposed to the letter 
 and to the spirit of the statute. To limit it to a person acting as curate 
 under a rector would not be a correct interpretation, for there were 
 many cases of suspended benefices in Ireland where curates_ had been 
 appointed. Recently he had been obliged in a case of this kind to re: 
 
116 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 cognise in the diocese of Tuam an appointment of a curate made by the 
 Bishop. It appeared to him, therefore, that Mr. Leech had made out 
 his case, and that he was entitled to be considered a curate ; but then 
 came the all-important question, whether the Commissioners could con- 
 sider him to be a permanent curate within the meaning of the Act ? The 
 designation " permanent curate " was wholly unknown to the law until its 
 introduction into this statute, which gave the Commissioners very wide 
 discretion as to their interpretation of it. He had no cure of souls out- 
 side the institution to which he was chaplain, but he had very properly 
 but voluntarily, assisted the rector and the curate in the performance of 
 Divine service ; but he did not appear to have any parochial duties to 
 perform. Takinginto account the position of the parish of Mitchelstown, 
 it did not appear to the Commissioners requisite to recognise a second 
 permanent curate, and they did not think they would be carrying out 
 the Act of Parliament if they yielded to his claim. 
 
 Viscount Monck and Mr. Hamilton concurred in this judgment. 
 
 An Incumbent's Claim as Curate op a Sinecure Parish Dis- 
 allowed (heard by Mr. Justice Lawson, the 10th December, 
 1870). 
 
 In re Rev. Thomas Twigg, jun., Appellant. 
 
 The claimant sought to establish his right as permanent curate of Kil- 
 sallaghan, diocese of Dublin. He had been appointed as curate in January, 
 1870, and attended to the parish duties, the rector being non-resident." 
 The claimant is incumbent of the adjoining parish of Swords, and was 
 enabled to undertake the duties of Kilsallaghan, there being only twenty- 
 seven church parishioners. He discharged the sundry duties, and was, 
 in fact, the bona fide curate. 
 
 Mr. Justice Lawson said it was only necessary to state the facts to 
 show the monstrous nature of the claim. The rector had only a few 
 Protestant parishioners, and went away and took duty in London, while 
 he was entitled to an annuity for this parish. The Archbishop of 
 Dublin had imposed upon him the responsibility of paying some one 
 who, in his absence, would discharge the duties of the parish, and attend 
 to the spiritual wants of twenty-seven people, and the Commissioners were 
 now asked to pay the rector his annuity and the claimant £60 a year for 
 actually doing nothing. He looked on the arrangement in this case as 
 merely temporary, and arising from the fact that the rector had nothing 
 to. do, and therefore left the parish. He would never tolerate or sanc- 
 tion the payment of a permanent curate in a parish where there was 
 little or nothing to be done. The claim was disallowed. 
 
 Curates deemed Permanent on ground of Length op Service 
 (heard by Viscount Monck and Mr. Justice Lawson, the 20th 
 December, 1870). 
 
 In re Rev. Leonard Leader Cooper, Curate of Garrycloyne, 
 in the Diocese of Cloyne, Appellant. 
 
 The appellant appeared in person to sustain his appeal, which was 
 made from a conditional order made by Mr. Justice Lawson, refusing to 
 recognise him aspermanent curate of Garrycloyne. The claim had been 
 rejected on the ground that the conditions of the parish were not such 
 as justified the rector in appointing a permanent curate. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 117 
 
 It appeared that the rector, the Rev. L. Perrin, had an annuity of 
 XI ,008 7*. out of the parish, and that the number of Protestant 
 parishioners was only thirty-eight, but Mr. Cooper had served as curate 
 in the parish since the year 1867. 
 
 •Viscount Momck. considered that the Commissioners were bound to 
 look to the length of the services of the curate, and to the habit of the 
 rector in employing a curate ; and notwithstanding the fa'ctj that owing 
 to the proviso in the 14th section of " The Irish Church Act," a deduction 
 could not be made from the rector's annuity, in respect of the curate's 
 salary, in this case, he thought they should reverse the former decision, 
 and declare the Rev. Mr. Cooper a permanent curate. 
 
 Mr. Justice Lawson concurred, and said that they were not to look at 
 the question from a rector's point of view, but from a curate's, and that 
 the appeal should, accordingly, be allowed. 
 
 Unlicensed Curates deemed Permanent under certain Cir- 
 cumstances (beard by Viscount Monck and Mr. Justice 
 Lawson, the 20th December, 1870). 
 
 In re Rev. James A. Cross v. Rev. Thomas G-. Irwin, Curacy 
 of Athboy, Diocese of Meath, Appellants. 
 
 Both clergymen claimed to be permanent curates of this parish ; only 
 one could be so ; and Mr. Justice Lawson had previously established 
 Mr. Irwin as that curate. 
 
 Mr. Cross appealed from the decision, and affirmed that Mr. Irwin 
 was not the curate of Athboy, and was never licensed by the Bishop for 
 the purpose. Both clergymen had been doing duty in the district,' and the 
 question was as to which was entitled to the appointment as permanent 
 curate. 
 
 The Court, in giving judgment, held that Mr. Irwin had been the pro- 
 perly appointed permanent curate, and therefore confirmed the order 
 which had been before made, and remarked that it was not usual to issue 
 a second or third licence of the Bishop to a clergyman, nor was it the 
 practice of the Commissioners to require the production of a licence if 
 on other grounds they deemed a curate a " permanent curate " within 
 the meaning of the Act. Mr. Irwin had been licensed before he came 
 to the district, and the Commissioners considered the argument of Mr. 
 Cross was not a sufficient ground of objection now to raise. 
 
 Recent Increases of Curates' Salaries Disallowed (heard by 
 Viscount Monck and Mr. Justice Lawson, the 22nd December, 
 1870.) 
 
 In re Rev. Frederick Tymons, Curate of St. Bartholomew's, 
 Diocese of Dublin, Appellant. 
 
 The Rev. Mr. Tymons appealed from an order disallowing a claim 
 made by him for an addition to his annuity of .£30, in respect of a cor- 
 responding increase in his stipend made by the rector. The change had 
 come into force by agreement, previously entered into, on the 1st 
 November last, and had been made specially to equalize appellant's 
 income with those of other permanent curates in the diocese. ■ 
 
 Lord Monck said that the Commissioners could not sanction recent 
 increases, unless there was a corresponding increase of duty, j They must 
 
118 DECISIONS UNDER THE IRISH CHURCH ACTS.; 
 
 arrive at their estimate of the annuity from the stipend paid during the 
 year, for if they adopted the contrary course they might open the door to 
 — he was sorry to use the word — fraud upon the fund created by the Act. 
 They were perfectly satisfied as to the bona fide nature of the present 
 application, but as they could not establish such a precedent as he had 
 contemplated, the appeal must be refused. 
 
 Mr. Justice Lawson concurred in this judgment. 
 
 (Heard by Viscount Monck and Mr. Justice Lawson, the 
 1st February, 1871.) 
 
 In re Rev. Robert S. Law, Curate of Killeavy, Diocese of Armagh, 
 
 Appellant. 
 
 Mr. Pilkington, Q.C., with whom was Mr. T. P. Law, said the claimant 
 had been in receipt of a yearly income of £133 15s., and on the prospect 
 of a higher salary elsewhere the rector agreed to increase his income to 
 £167 15s. The landlord also promised to give him a residence, as an 
 inducement to him to remain. He would admittedly get a higher salary 
 elsewhere ; and having regard to that fact, he (Mr. Pilkington) sub- 
 mitted that the claim should be considered a bona fide one, and that it 
 should be allowed. 
 
 Mr. Justice Lawson said that a substantial addition to the duties was 
 the only thing he could recognise as justifying an increase. According 
 to the Act under which they, acted they were bound "to ascertain and 
 declare by order the amount of yearly income received by any such per- 
 manent curate." 
 
 Lord Monck said the policy of the Act was to compensate for per- 
 sonal vested rights, not to make provision for the future of the Church. 
 The words "income received " being in the past tense, meant not what 
 the curate was now receiving, but what he had been in the habit of 
 receiving. The claim should therefore be disallowed. 
 
 Late Appointments op Curates not Recognised (heard by 
 Viscount Monck and Mr. Justice Lawson, the 1st February, 
 1871.) 
 
 In re Rev. Timothy 0. O'Connor, Curate of Moyne, Diocese of 
 Cashel, Appellant. 
 
 The appellant claimed to be a permanent curate. He said that the 
 incumbent of the parish was in very feeble health, and totally unfit to 
 discharge the duties of his office. He had, previous to the appointment 
 of the appellant, been compelled to ask the neighbouring clergymen to 
 perform his duties. Mr. O'Connor further stated that he was ordained 
 in November last, and he sought to be regarded as a permanent curate 
 of the parish, which was very large, being, in fact, a union of parishes. 
 
 Mr. Justice Lawson said he found, from the documents before him, 
 that the Church population was only 4 1 , and the rector's income was 
 £449 5s. He did not appear to have previously kept a permanent curate, 
 and Mr. O'Connor was appointed within one month of the time the. 
 Disestablishment Act came "into operation. The discretion vested in the 
 Commissioners under the 15th section as to determining the status of a 
 permanent curate, was a difficult and delicate one. By the Act the 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 119 
 
 rector was to retain his power of appointing a curate up to the 31 st 
 December, 1870 ; it was for the Commissioners to decide in each case 
 whether the appointment was one required by the exigencies of the 
 parish, and made in the ordinary course of business, and which would 
 probably have been made if the Irish Church Act had not passed. The 
 claim must, therefore, be disallowed. 
 
 Viscount Monck concurred in this judgment. 
 
 (Heard by Viscount Monck and Mr. Justice Lawson, the 
 16th May, 1871.) 
 
 In re Rev. Edmond Rounds, Appellant. 
 
 This was a claim to be permanent curate of Kiltullagh, diocese of 
 Tuam. The appellant had only been appointed in December, last. A 
 curate, however, had been employed in the parish in 1869 and 1870, 
 although not licensed. The parish was the second largest in Ireland, 
 and up to the appointment of the present rector a permanent curate had 
 been kept. The rector was at present unable to discharge the duties, 
 owing to illness. 
 
 Mr. Justice Lawson said the Commissioners could not allow the claim. 
 The rector it appeared had an income of .£600 a year, yet he never 
 thought of keeping a permanent curate until he conceived that the Com- 
 missioners might pay him, which was fatal to the claim.* 
 ^Viscount Monck concurred in this judgment. 
 
 Houses Allowed to Curates as part op Income (heard by 
 Viscount Monck and Mr. Justice Lawson, the 1st February, 
 1871.) 
 
 In re Rev. Ribton M'Cracken, Curate of Donaghmore, Diocese 
 of Dromore, Appellant. 
 
 The appellant claimed that his income should be increased from £100 
 to £1 30. He was appointed permanent curate in September, 1870, at a 
 salary of £130, including the house. The claim was lodged for .£100, 
 and the house was put down at £30. Mr. Justice Lawson had allowed 
 £100, but he had not been allowed for the house. 
 
 The Court decided that Mr. M'Cracken was entitled to a contingent 
 annuity of £30 in case he should be deprived of the house, inasmuch as 
 by the agreement between him and his rector it was agreed it should 
 form part of his stipend. 
 
 * This decision (and the preceding one in the case of Rev. Timothy O'Connor) 
 illustrates the principle upon which the Commissioners acted, in holding that no 
 newly-appointed curate was entitled to an annuity, unless having regard to the cir- 
 cumstances of the benefice, such appointment ought to have been made if the Act 
 had not passed. 
 
120 DECISIONS Under SHE iitisH CHtfRCH ACTS 
 
 A Curate's Annuity to be equal to his entire Income (heard 
 
 by Viscount Monck and Mr. Justice Lawson, the 2nd February, 
 
 1871.) 
 In re Eev. Eobeet Holmes Orr, Curate of Stillorgan, Diocese of 
 Dublin, Appellant. 
 
 The appellant had been curate of Ahascragh, county Galway, at a 
 salary of £175 a year. In the year 1869 the Rev. Dr. Gray, rector of 
 Stillorgan, offered him the curacy of that parish, at a salary of £120. 
 He declined the appointment on these terms, but after some negotiation 
 he agreed to accept the curacy at £120, and £80 to be contributed by 
 the parishioners. The case had been partly heard, and it was allowed 
 to stand over for the production of documents, to show that the agree- 
 ment on the part of the parishioners to pay £80 was bona fide, and that 
 Mr. Orr had actually received that stipend. 
 
 Mr. Pilkington, q.c, appeared for Mr. Orr, and produced the evidence 
 required. 
 
 Mr. Justice Lawson said the appellant had made out a clear case to 
 have his claim for £200 allowed. It appeared that the claimant accepted 
 the curacy on the understanding that he was to receive £200, no matter 
 how that was to be made up. The policy of the Act was to give the 
 curate an annuity equal to what he was actually receiving before the 
 passing of the Act. They were satisfied that this claim was not an 
 afterthought. The claim should, therefore, be allowed, with costs. 
 
 Compensation to Tempobary or Non-Permanent Curates. (The 
 following cases were heard by Yiscount Monck and Mr. Justice 
 Lawson, the 15th and 16th May, 1870.) 
 
 In re Rev. R. B. King, Appellant. 
 
 . The appellant appeared in person, to sustain an appeal from a condi- 
 tional order made by Mr. Justice Lawson disallowing his claim for 
 compensation as a temporary curate. It appeared that he was ordained 
 in March, 1835, but had only of late years been engaged temporarily, his 
 last employment being in the above parish during 1870. 
 
 Mi 1 . Justice Lawson, in delivering judgment said he had refused the 
 claim first, because he had nothing to satisfy him as to the bona fide 
 nature of the engagement in 1 870 ; but, on looking through his certificates 
 subsequently, the Commissioners were of opinion that he had made a 
 case for compensation at the rate of twenty years' service. 
 
 In re Rev. Richard Fitzgerald, Appellant. 
 
 Mr. Pilkington, q.c, appeared for the appellant, to sustain an appea. 
 from a conditional order made 1 by Mr. Justice Lawson, and said that Mr. 
 Fitzgerald claimed compensation as a temporary curate. He was ordained 
 in 1824, and was appointed to a curacy, which he held for thirty-one 
 years. He held another curacy, but resigned at the death of his rector 
 in 1862. He afterwards in 1869, or 1870, gratuitously undertook to 
 discharge duties in his own parish, and while the rector was abroad he 
 acted as temporary curate at a stipend. He had received payment for 
 temporary duties before the Act was brought into Parliment.at all. 
 
 The appellant was examined, and deposed that he had discharged the 
 duties of the parish of Kilfergus, diocese of Limerick, for which he 
 claimed, in February 1 869, and was in charge of the parish the following 
 year. 
 
 The Court decided that the appellant had established his claim. 
 
DECISIONS ONDER THE IRISH ClHURCH ACM. 121 
 
 V. Miscellaneous Decisions. 
 Compensation to Owners op Advowsons. 
 
 Arbitration* 
 (Heard by the Right Hon. John Thomas Ball, q.c, ll.d., m.p., 
 Arbitrator for Appellants ; the Right Hon. Mountiport Long- 
 field, q.c, ll.d., Arbitrator for Respondents ; and George 
 May, Esq., Q.c., Umpire, the 11th July, 1872.) 
 
 In re The Marquess of Drogheda, Patron of Benefice of Dunany, 
 Diocese of Armagh, and the Earl of Devon, Patron of Benefices 
 of Mahoonagh and Newcastle, in the Diocese of Limerick, 
 Appellants ; The Commissioners of Church Temporalities 
 in Ireland, Respondents. 
 
 Dr. Battersby, q.c, and Mr. Jellett, q.c, appeared on behalf of 
 appellants. Mr. Law, q.c, and Mr. Porter appeared on behalf of 
 respondents. 
 
 It appeared that the appellants had lodged claims, pursuant to the 
 18th section of "The Irish Church Act, 1869," for compensation for 
 loss of patronage of the benefices in question, and that the respondents 
 had ascertained the amount to be paid, on a scale set forth in a memo- 
 randum submitted by their actuary, of which the following is a copy : — 
 
 " ADVOWSONS." 
 
 " Question. — What portion of the income of a benefice is to be considered as being 
 allowed to incumbent for discharge of clerical duty, &c, and what portion is to be 
 considered as what the patron could sell ? 
 
 I have carefully examined the returns of advowsons in lay patronage. 
 
 The 40 Geo. III., c. 27 (Irish), indicates that in the case of a non-resident rector, 
 the salary of the curate shall in no case be less than £80, unless the income from 
 the benefice be less. If the population by last Census be 300, the salary to be 
 £100; if the population be 500, the salary to be £120; if the population be 1,000, 
 the salary to be £1 50. 
 
 These sums may therefore be taken as the minimum payment of clerical duty. 
 
 I divide advowsons into four classes : — 
 
 I. — Population over 1,000: 
 
 (o.) Income from benefice over £300. 
 
 (6.) Income from benefice under £300. 
 II.— Population 500 to 1,000 : 
 
 (a.) Income from benefice over £240. 
 
 -(6.) Income from benefice under £240. 
 III.— Population 300 to 500 : 
 
 (a.) Income from benefice over £200. 
 
 (6.) Income from benefice under £200. 
 IV. — Population under 300 : 
 
 (a.) Income from benefice over £160. 
 
 (6.) Income from benefice under £160. 
 
 Although the scale I have quoted indicates the minimum of payment for clerical 
 duty, the incumbent would naturally expect that amount to increase with the in- 
 come of the benefice. 
 
 I have made considerable inquiry into the subject, the result of which leads me 
 to the opinion that in Ireland one- half of the net income of an incumbency should 
 
 * The principles laid down by the arbitrators in these typical cases were generally 
 adopted by the Commissioners, save in some exceptional cases See note as to the 
 arbitration. /» re Drumgoon advowson, post, page 128. 
 
122 DECISIONS UNDER THE IRISH CHURCH ACiTSi 
 
 be taken as what should be allowed to incumbent as remuneration for discharge of 
 clerical duty and keeping up his position as incumbent, provided that the half was 
 not less than proper remuneration for clerical duty ; the other half, or (in case of 
 incumbents with small incomes) lesser proportion, of net income constitutes what 
 the patron in Ireland could have sold before the passing of the Church Act, and 
 now has fair claim to be compensated for. 
 I would propose the following rule: — 
 
 Class I. — Population over 1,000: * 
 
 (a.) Net income from benefice £300 and upwards; one-half 
 
 income to be taken as what patron could sell. 
 (6) Net income under £300; the difference between £150 and 
 income to be taken as what patron could sell. 
 Class II.— Population 500 to 1,000: 
 
 (a) Net income from benefice £240 and upwards; one-half 
 
 income to be taken as what patron could sell. 
 (6) Net income under £240; the difference between £120 and 
 income to be taken as what patron could sell. 
 Class III.— Population 300 to 500 : 
 
 (a) Net income from benefice £200 and upwards; one-half 
 
 income to be taken as what patron could sell. 
 (6) Net income under £200 ; the difference between £100 and 
 income to be taken as what patron could sell. 
 
 Class IV Population under 300: 
 
 f<i) Net income from benefice £160 and upwards; one-half 
 
 income to be taken as what patron could sell. 
 (6) Net income under £160; the difference between £80 and 
 income to be taken as what patron could sell. 
 
 As the right to present to a benefice, however small, must be considered as 
 worth something, I would further propose that wh: never the application of the 
 foregoing rule would reduce the patron's share of income below one-tenth of the 
 net income, the patron should be deemed, for the purpose of compensation, to be 
 entitled to one-tenth of the net income. 
 
 Then from the capitalized value of what the patron could sell in each of the 
 foregoing cases, taken at twenty years' purchase, the value of the incumbent's 
 life interest therein as at 26th July, 1869 — calculated by the Commissioners' Life 
 Annuity Table* — is to be deducted, and three and a half per cent, interest is to be 
 allowed on the sum so ascertained from that date to date of payment." 
 
 W. J. Hancock, f.la. 
 22nd July, 1871. 
 
 Counsel having been heard on both sides, and skilled witnesses havinor 
 been examined, the following judgments were delivered by the Arbi- 
 trators: — 
 
 Dr. Longfield's Judgment. 
 
 Dr. Longfield. — There are three different claims to be settled to-day 
 by arbitration — one on behalf of the Marquess of Drogheda, and two on 
 behalf of the Earl of Devon. They are claims for compensation for the 
 loss of advowsons of which the patrons have been deprived by the Irish 
 Church Act, and for which, under the provisions of the same Act, they 
 are entitled to compensation for the value of the advowsons. The 
 matter, therefore, to be settled before us is, what is the value of these 
 advowsons, or what is a fair sum to be given to the patrons as compen- 
 sation for their loss ? It is probable there will be many such claims, 
 and the three that have been laid before us appear to have been taken 
 as specimens, varying in some degree as to the value of the advowson, 
 also as to their situation and other special circumstances. They have 
 been laid before us with the view, I suppose, if possible, that we might 
 
 * See Table for Commutation of Life Interests, post, page 164. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS, 123' 
 
 fix on some principle of valuation that might prevent future litigation. 
 With this view we have gone through the evidence and through all the 
 tables furnished to us, and we have been somewhat mortified to find so 
 very great a difference in the principles that were adopted in the calcula- 
 tions of what I may call the opposing parties. I say opposing parties, 
 for although the Commissioners have no special interest in opposing, yet 
 they were the parties on whom the duty was thrown of preventing the 
 claimants from getting too high a rate of compensation. Mr. Watney, 
 a very intelligent gentleman from England, with a good deal of experience, 
 was examined, and stated the mode in which he made his calculations. 
 It would seem that he valued the income, as if it were a fee-simple 
 estate, at a price calculated to give a return of six and a half per cent, 
 to a purchaser, the effect of which would be to value advowsons at less 
 than other fee-simple estates, which are certainly worth a greater number 
 of years' purchase. From that he deducts the value of the life of the 
 incumbent, computed according to six and a half per cent, tables, and 
 the difference was the value of the advowson, as he considered it. Then, 
 when applying this to Irish advowsons, he reduced the rate of interest 
 from six and a half to five per cent. He gave no reason for that, except, 
 perhaps, that it was a compulsory sale. Then, having got that amount, 
 he added ten per cent, more, on account of its being a compulsory sale. 
 This appeared to us to be giving compensation twice over for that which 
 properly ought not to be made the subject of compensation at all, except- 
 under special circumstances. Upon the other hand, a skilful actuary, 
 Mr. Hancock, appeared on behalf of the Commissioners, and his principle 
 of calculation differed exceedingly from Mr. Watney's view. He made 
 from the income of small livings a deduction for the performance of the 
 duties of the incumbent equal to what I might call'the penal sum which 
 any absentee rector might be compelled to pay to his curate; then be 
 valued the residue as if it were a fee-simple property worth twenty 
 years' purchase, and he then deducted from that the value of the life 
 estate of the incumbent, valuing it as an annuity according to three and 
 a half per cent, tables. Applying that principle to some very small 
 livings, it would leave them no value at all. In fact, in one case of a 
 small living, it would appear as if the patron would rather have to pay 
 something to get rid of it. To prevent that inconvenient or absurd 
 consequence from arising, when the living was very small, he gave ten 
 per cent, as if that was the value of the living to be estimated. When 
 the living was £300 or upwards, instead of taking a sum for a curate, 
 he deducted one-half the income of the parish for the duties to be per- 
 formed and for all other expenses incident to the possession of the living, 
 and the remaining half he valued in the manner I mentioned, viz., taking 
 it at twenty years' purchase for the fee, and deducting the value of the 
 life estate, adjusting it according to the three and a half per cent, tables ; 
 and he gave as his reason for this latter deduction that the purchaser 
 might wish to give that annuity to his friend pending a vacancy, and he 
 could not buy that annuity on Government security or an insurance 
 office according to any other table. That appeared to be an unsound 
 principle, because it supposed the purchaser was master of the position, 
 and that he had a right to say, "I must insist on this sort of security." 
 But in cases of this kind the parties should be supposed to deal on equal 
 terms. When you are valuing an annuity (or reversion, because one is 
 a complement of the other), if you go to an insurance office to buy 
 an annuity, you will have to pay a very good price for it ; but if you 
 have an annuity to sell, you will find the sum offered will be very 
 different. Therefore, where there are two market prices, it did not 
 
124' DECISIONS UNDER THE IRISH CHURCH ACTS." 
 
 appear to us fair to the seller, who is deprived of his property, to put on 
 him the market price that -would be given if he were obliged to sell it 
 for the payment of debt or otherwise. Now, perhaps I should mention 
 the case of one living, to show how very remarkably these two' intelligent 
 gentlemen differ, and what little assistance they gave us by their 
 calculations, although we benefitted by their arguments. They took the 
 living of .Dunany, and Mr. Watney, a respectable gentleman, valued that 
 living at £1,148 17*. ; Mr. Hancock, on the other hand, adopting his own 
 principle, valued it at £46 1 9s. lOd ;-" so that one valuation given is 
 more than twenty. four times the other valuation. That is not a case 
 in which we can use the valuation and split the difference between them, 
 because the difference between them is so~ ; great. The next course, then 
 which we took, not forgetting the arguments used by these gentlemen, 
 was this: — We took a hst of the advowsons sold of which we could get 
 any information, and these we divided into four classes. First class 
 were the advowsons that were sold under Lord Westbury's Act, by 
 which the government advowsons were sold, but with this rather 
 singular condition attached to them, which is not attached to the sale of 
 private advowsons, that a proportion of the purchase money was to go 
 to the augmentation of the livings. A portion of it was to accumulate, 
 but still added to the value of the living. Mr. Watney's view partly 
 made allowance for that addition. I may add, if the whole was to 
 accumulate, and Mr. Watney's calculation taken, the price of the living 
 would be infinite, because as the whole sum was to be given back to you 
 again, it would be a matter of perfect indifference what the price might 
 be. If I was to buy a perpetual annuity, and get it, together with the 
 full interest of my money, the value would be infinite. However, these 
 advowsons, though I think of the classes furnished they were the fairest 
 were sold under favourable circumstances, because they were the pick of 
 a large - number. The sellers were able to put their own price on them, 
 and only sell those for which good prices were offered. If every living 
 wks sold, I should have then considered it would be a fair test ; but 
 when only the pick were sold, and the seller was enabled to put on his 
 own price, I think the price given under Lord Westbury's Act was a 
 little too high. 
 
 The next sales of livings were had in the Landed Estates Court ; and 
 for these ,livings, having had judicial knowledge, I can state that the 
 price given was generally too small. There is no kind of property that 
 suffers more by forced sale than an advowson — for this reason, amongst 
 others, that it yields no income until it is sold. If an estate is sold, even 
 if the estate is inadequate to pay the debts, themortgagee has an interest 
 in postponing the sale if the price is not adequate, because the rent goes 
 to keep down the interest. But in respect of the sale of advowsons the 
 case is different, and the intermediate fruit did not belong to the mortga- 
 gee, and this had a material effect in inducing the Court to sell one of 
 these livings at a small value. The gentleman in possession was over 
 sixty years of age. If that living had become vacant, the debtor could 
 present a man of twenty-four to it, and thus take two-thirds of the value 
 of the property away and give it from the creditors to the nominee of the 
 insolvent debtor. I considered it a case in which the creditor, who, in 
 fact, was not paid in full, had a right to insist that the property should be 
 sold. We had evidence that the property sold afterwards for rather a 
 larger sum. There was another case in which property of the kind was 
 Sold in the Landed Estates Court, and I was aware that I was selling it 
 cheap. That was the living of Carrigaline. In that case I was willing 
 to adjourn' the sale, 'and the agent of the 1 owner mentioned to me that it 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 125 
 
 was a solvent estate able to pay all the debts and leave a large surplus 
 for the owner ; but he was very anxious to wind up the transaction, and 
 he preferred to sell it at much less than its value rather than have 
 another sale, and he consented to a sale of the advowson for an inade- 
 quate price. We therefore consider, on the whole, that the sales in the 
 Landed Estates Court would show too small a value for advowsons ; and 
 although not disposed to give top fanciful a price to the owner of advow- 
 sons on account of compulsory-sales, we could not take the average, of 
 such sales as a fair mode of calculating the value of advowsons. .The 
 next class of sales were sales furnished to us in a separate list — sales by 
 corporations in Ireland. They were directed to sell the livings..; but 
 these were like the case of debtor and creditor or mortgagor and mortga- 
 gee. The corporations could not present to livings until they were sold. 
 The presentation would belong to the bishops, and the corporations 
 would be naturally willing to sell to any parties they could get. There- 
 fore, on the whole, we consider they give too low a value. The fourth 
 list given to us was a list of the advowsons, of which information could 
 be obtained, that were sold in England by auction, and it stood thus : — 
 With very great care 1 went over every one of them, and applied each 
 system of calculation to them. I found the result and the observations 
 accompanying these statistics were very fair, because they showed that 
 in many cases the livings sold for half the price at which they were 
 valued by Mr. Watney, who himself furnished this list. But we found 
 that in livings, apparently of the same value, taking into account the 
 amount of the income and the age of the incumbent, that sometimes one 
 living would sell for three or four times as much as others which were 
 apparently of the same value ; showing there were special circumstances 
 affecting the value of the living, and that these special circumstances 
 were more influential on the price than the circumstances disclosed in 
 the tables furnished to us. ■ In this position we have nothing to do but 
 to strike out a principle as well as we can ; and we find that if ive 
 made a rateable reduction for the performance of duties from the value 
 of the livings, it would come to too high a price for small, or to too low 
 a price for large livings. We therefore thought it necessary to make 
 some fixed deductions applicable to every living : and the deduction we 
 finally settled on making was £40 a year. It would, no doubt, be 
 diflicult to say what principle led us to £40 rather than £30 or £50 ; 
 but the reason is, that it gives a result more corresponding with the 
 actual sales that have taken place. One sum of £40, be the living large 
 or small, is the first deduction. .^ A small living has some value, even if 
 the income is only a fair remuneration- for- the services to be performed, 
 because we know that in the case of professions something will be always 
 given for the status and entrance into the profession. An ensign in the 
 army is not overpaid at 5*. 6rf. a day ; yet the custom heretofore was 
 that he should pay a large sum for his commission. In the sams way a 
 curacy or small living gives a man an important position, and it would 
 always sell for something. We deduct £40, in the first instance, from the 
 value of the living, whether large or small, and from the residue we 
 deduct a sum of 45 per cent. I shall explain this by an example. We 
 will suppose the living was £240 a year ; deduct £40, and that reduces 
 it to £200; 45 per cent, reduces it to £110. Having made these 
 deductions, we then take the value of the fee at 22$ years' purchase. 
 This is the price which the Commissioners are obliged to charge if they 
 were selling the tithes, which is the least valuable part of the property, 
 and, in fact, we suspended our opinion to see would the Government 
 reduce the price of tithes from 22 J to 20 years' purchase. 
 
126 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 I have now given the mode of valuing the fee, taking the interest at 
 about 4J per cent. ; and we value the life estate which is taken out of 
 the fee, on tables computed at 4 i per cent. We consider that a fair way 
 of dealing with this matter, is to allow for the value of the fee about the . 
 same rate of interest that we allow for the life estate. That is a mode of 
 calculation which, we think, will give the fair value of advowsons in 
 Ireland, unless there are special circumstances to add to the value. 
 There are some special circumstances which did not escape our notice, 
 and which do reduce the value of all advowsons in Ireland. It is not so 
 pleasant to have a population who look on you as a heretic, instead of a 
 population who look on you with respect and follow your guidance ; and 
 although some people say the clergy have less to do for not having 
 many Protestants in their parishes, yet a good, zealous clergyman would 
 prefer to have parishioners who would follow his advice, rather than 
 those who would despise him and hate him. Next, the market for 
 advowsons is smaller in Ireland than in England, on account of the large 
 Roman Catholic population. There is, in fact, a large population to 
 whom an advowson would be of no value at all ; no relative or friend 
 would be fit to fill it, and as the law stood they would not be permitted to 
 present anyone to it. Thus there is the fact that a large porportion of 
 the population would not buy an advowson in Ireland, and we thought 
 we should give less value for advowsons in Ireland than what they are 
 worth in England. Applying the principle of special value in special 
 cases, we thought in the case of Newcastle there were two additions we 
 should make to the value — one, £28 a year, which Mr. Currey, the agent 
 of Lord Devon, said would be a fair additional value to demand for the 
 glebe — such a value as a man might ask without exposing himself to 
 odium. This is distinguished a little from the case of clergymen com- 
 muting their annuities. We were not favourable to recklessly increasing 
 the compensation to be given in the way of annuity to a clergyman 
 who himself set the land to tenants, and thus showed what value he put 
 on it, and also that he was contented with that value. As the increased 
 value is not to come in until the vacancy takes place, we thought it fair 
 to add the £28 a year, being satisfied from the evidence of Mr. Currey 
 that it was a fair sum to add to the present rental. We considered that 
 £23 a year as a part of the clergyman's income in deducting the value 
 of the life estate, although he does not get it, as the enjoyment of it by 
 the next incumbent is equally delayed. We also thought that in this 
 particular case it would be fair to add 10 per cent, for compulsory 
 purchase — for this reason, that the patron's house is situate in the 
 parish, and therefore the advowson has a value for him which it does 
 not possess in the market, and 10 per cent, for compulsory purchase is 
 a fair addition to make. It undoubtedly has a value for the patron 
 that it would not have in the market. There are other cases in which 
 an advowson might possess a special value. For instance, the patron 
 might wish to present it to a young member of the family, and that 
 would also be a fair case in which to make an addition to the value when 
 the living was of great value. This was an additional reason why we 
 thought in cases of valuable livings a small per-centage to the value 
 might be added, as the forty-five per cent, becomes a very heavy 
 deduction in cases of livings of large value. When a living is £600 
 a year we think there should be some per-centage added, because the 
 forty-five per cent, we deduct becomes a high sum to deduct for services 
 in case of such a living. We thought as there was a slight difference in 
 figures as to pounds, shillings, and pence, that it would be better we 
 should give our judgment, stating the principle of the calculation, and 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 127 
 
 then let the figures be filled up afterwards. As I have now stated the 
 principle on which we proceed, there can be no doubt about the figures, 
 and if there is we can readily correct them. It may be observed that 
 the results of our principles will not differ much from Mr. Hancock's 
 when the livings are of medium size. The great difference in the 
 valuation of Newcastle is caused by the special circumstances proved by 
 Mr. Watney, which were not before Mr. Hancock when he made his 
 calculations. 
 
 Db. Ball's Judgment. 
 
 Dr. Ball. — If this were not an arbitration, I should merely express 
 my concurrence with the views which have been stated by Dr. Longneld ; 
 but, as arbitrators are appointed by the parties, it may be more satis- 
 factory to them that each should express his own reasons for the judg- 
 ment. The rule which has been suggested by Dr. Longneld, whereby 
 to measure the compensation to be paid to the owners of advowsons 
 under the Irish Church Act, is that — first, a deduction should be made 
 of a fixed sum of £40 from the net annual income of the benefice ; next, 
 that there be further subtracted 45 per cent, from the balance which 
 remains of the net income after deducting the J40 ; then that the residue 
 of the annual income should be multiplied by 22$, and that from the 
 amount thus calculated there be taken the value of the life interest of 
 the incumbent calculated upon 4$ per cent, tables. The result is, in 
 ordinary cases, the compensation to be paid. This rule, however, is to 
 have in certain cases two additions to it. In the special case of the owner 
 residing in the parish, a further allowance is to be made of 1 per cent., 
 calculated upon the value as already ascertained; and where the living is 
 above £600 a year, some additional per-centage should also be allowed. 
 
 I shall now state the reasons which induce me to think this rule a fair 
 and equitable measure of compensation to the owners of advowsons. 
 
 1st It takes 22|- years' purchase, or somewhere about 4 ] percent. 
 
 interest, to represent the proper measure of the value of property and of 
 money. For the present purpose I think this reasonable, because the 
 Irish Church Act fixes the redemption price of tithe rentcharge at 22$ 
 years' purchase, without deducting poor rate — that is, it values property 
 of this character at even a higher rate than we allow. 2nd. — It is plain 
 some deduction is, from the nature of the property, required in order to 
 represent its relative proportion in value to lands producing the same 
 amount. An advowson confers no right of personal enjoyment upon its 
 owner, except in the occasional instance of his being in holy orders. It 
 is a mere right of patronage, to be exercised in favour of persons 
 qualified in a particular manner, and who are bound to discharge duties 
 more or less laborious. A right of patronage cannot' be of equal value 
 with a right of enjoyment. What is to be taken off to represent this 
 deduction is not easy to determine ; but, having regard to the high rate 
 of purchase we are allowing, I think 45 per cent, a fair proportion. 
 This deduction by itself would not, however, meet the entire justice of 
 the case, for it is clearly established that livings of small income are not 
 proportionally as valuable as livings of large. Therefore, a deduction 
 must be further made, which shall press more heavily upon the smaller 
 livings. From the nature of the case, a fixed sum must have this effect ; 
 and I concur in thinking that £40 is a fair amount to represent such a 
 deduction. The same reasons which, in small livings, called for this 
 deduction, demand in the large ones a compensating addition in the 
 nature of a per-centage to represent their proportionally increased value. 
 The number of years' purchase adopted in the rule is justified by the 
 
128 DECISIONS UNDER THE IEISH CHUECH ACTS. 
 
 provision of the statute to which I have already referred; and the 
 deduction of the life interest of the incumbent follows from the nature 
 of the property, which is in effect a reversionary interest. In the pro- 
 vision allowing 10 percent, additional where the owner himself resides 
 in the parish, we act upon the principle which appears to me established 
 in cases of compulsory sales — viz., compensating for special personal 
 advantage. I think it cannot be denied that it is a personal advantage 
 that the patron can nominate the person whose religious ministration 
 he is to receive, and into whose society he must be frequently brought. 
 
 Keasons, however, of the kind which I have adduced, are to be subject 
 to the test of experience. Accordingly, I have applied the rule to several 
 instances of benefices that have been sold both in England and Ireland, 
 and have compared the results with the actual prices realized on these 
 sales. The result has been to confirm the reasonableness of the rule, 
 This statement, however, I must accompany with the observation that 
 advowsons are a species of property much affected in their value by 
 exceptional and occasional circumstances. 
 
 Except where we have added to the amount, the increase is to be taken 
 as estimated by the Commissioners upon commutation. Costs and 
 expenses of the arbitration ought to follow the result, both because the 
 parties have succeeded in raising the amounts awarded, and also because 
 these particular cases were selected as representatives of classes, and to 
 have the principles fixed on which they are all to be decided. 
 
 At a subsequent period the Arbitrators stated — that the addition to 
 the rule which they suggested to the Commissioners, as regarded the 
 additional per-centage to be allowed in valuing large benefices, was, that 
 any benefice of £600 a year should have an addition of £5 per cent., and 
 that for every £100 a year above £600 there should be a further addition 
 of £1 per cent. ; that both this per-centage and the allowance of 10 per 
 cent, for such exceptional circumstances as the residence of the patron 
 in the benefice, were not to be allowed in the same case ; that the calcu- 
 lation was to be made as of the date of the passing of the Act, (26th 
 July, 1869,) and that interest at the rate of £i per cent, per annum (the 
 rate fixed by the Chancery Rules) was to be paid from that date to the 
 date of payment of compensation.* The result of the principle as applied 
 to the three claims before the Arbitrators was as follows : — 
 
 Amount claimed, as Amount allowed by . . . 
 
 estimated by Mr. Watnoy. Commissioners. Amount awarded. 
 
 £ s. d. £ $. d. £ s. d. 
 
 Dunany Benefice, . 1,148 17 10 46 19 10 395 15 4 
 
 Mahoonagh.,, . 4,222 1,864 2,259 5 8 
 
 Newcastle, „ . 4,332 O 1,057 3,222 
 
 *-SWe. — The following is the only case in which these principles were not sub- 
 stantially adopted: — 
 
 In «; advowson oi Drumgoon (Cootehill) in the Diocese of Kilmore, Brindley Hone, 
 Esq., the Patron (as Trustee for the Reverend Thomas Moore, the equitable owner J, 
 appealed to arbitration for the following reasons, viz. : — the bad state of health of 
 the incumbent of the benefice (the Reverend Hugh Murray), who, he stated, was in 
 wticulo mortis at the date of the passing of the Irish Church Act ; and also the fact 
 that the equitable owner, being in Holy Orders, could present himself, through the 
 medium of his trustee. 
 
 The case was heard on the 26th of June (and again on the 30th June), 1875, when 
 the above stated questions only were submitted to the arbitrators, though subse- 
 quently during the hearing others were introduced by the claimants' counsel and 
 were considered by the arbitrators. 
 
 The Commissioners disputed the facts as stated in the first objection, but, admitting 
 that Mr. Murray's state of health was very bad, they added four years to his life for 
 the purpose of calculating the amount of compensation to be paid for the advowson. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 129 
 
 On account of the second point they offered to pay £19 per cent, additional on the 
 value of the advowson, but, in accordance with the award of Drs. Longfleld and 
 Ball (see preceding case), they refused to allow at the same time the additional per- 
 centage, which would otherwise have been paid by reason of the yearly income of 
 the benefice being over £600. 
 
 The arbitrators in this case (Mr. May, CO., and Dr. Traill, f.t.c.d., with Rev. 
 J. A. Galbraith. f.t.c.d., as Umpire), declined, however, to follow the award of 
 Drs. Longfleld and Ball, not only in this rule, but also in others of a general nature 
 Which materially affected the deduction for the performance of duty. 
 
 They also decided that an additional sum should be paid as compensation on 
 account of the state of Mr. Murray's health. 
 
 By the award, dated 16th July, 1876, the compensation was increased from 
 £7,148 3s. 6d. to £9,463 lis. 8d. exclusive of interest. 
 
 Messrs. "W. D. Andrews, q.c, G. Fitzgibbon, Q.C., and John Murray, instructed by 
 Messrs. Falkiner and Hone, appeared for the claimant. 
 
 Messrs. Richey, Q.O., and George Atkins, instructed by John Ball, ll.d., repre- 
 sented the Commissioners. 
 
 N.B. — As Drumgoon advowson was a special case, it is probable that the Com- 
 missioners will in future cases continue to adhere-to the principles contained in the 
 award of Drs. LongfiBld and Ball, which was made after a careful consideration of 
 the evidence of skilled actuaries, and of the statistics which were accessible on the 
 subject. 
 
 Decision by Court of Chancery in England as to Right of 
 Executors of Lay Patron to receive Compensation 
 Money for Loss of Advowsons (heard by the Lords Justices 
 of Appeal in England, in the Court of Appeal in Chancery, 
 Lincoln's Inn, the 28th July, 1875). , 
 
 Frewen v. Frewen* 
 
 In this case the late Mr. Thomas Frewen (the testator), was the 
 owner of five Irish advowsons, viz. : — Ballinacourty, Rahoon, Shrule 
 and St. Nicholas (Galway), in the diocese of Tuam, and Innishannon, 
 in the diocese of Cork. By his will, dated the 26th September, 1867, 
 he devised three of them in favour of one set of persons, and two in- 
 favour of other persons. The Irish Church Act received the royal 
 assent on the 26th July, 1869, and the testator died on the 14th 
 October, 1 870, without altering his will ; and the question was, whether 
 the compensation moneys subsequently paid under the Act belonged to the 
 persons to whom the advowsons were devised by the will, or went to the 
 executors of the testator as part of his general personal estate. The Act 
 in section 1 enacts that, save as thereinafter mentioned, no person shall 
 after the passing of the Act be appointed to any benefice in the Church 
 of Ireland ; by section 1 8 it enacts that, as soon as may be after the passing 
 of the Act, the commissioners under it shall ascertain the compensation 
 to be paid to any person who shall, within three years, make application 
 in respect of any advowsons " vested in such person and affected by the 
 provisions of this Act ;" and by section 66 it enacts that if any vacancy 
 shall occur in any benefice between the date of the passing of the Act 
 and January 1, 1871 (the day on which, by section 2, the union between 
 the Churches of England and Ireland was to be dissolved, and the 
 Church of Ireland to "cease to be established by law"), such vacancy 
 might be filled up by the person who would have been qualified to fill it 
 up if the Act had not been passed. In January, 1870, the testator gave 
 instructions that an application should be made on his behalf to the 
 commissioners under the Act for compensation in respect of his ad- 
 
 * See leading article commenting on this case, in the Irish Law Times, of 6th 
 November, 187S (9 /. L. T. and S. J. 634). 
 
 K 
 
130 DECISIONS UNDER THE IRISH CHURCH ACTS". 
 
 vowsom ; but before such application was sent in he died. After Ms 
 death an application wa3 made on behalf of the persons in whose favour 
 the advowsons had been devised by the testator, and the commissioners 
 ascertained the amount of the compensation at the sum of £ 8,979 7s. hd. 
 together with £1,688 4s. id. for interest thereon at 4 per cent, from 
 26th July, 1869, to the date of payment; but they made such sums pay- 
 able, not to the devisees, but to the executors of the testator. 
 
 On the 30th June, 1875, a special case was presented to the court, in 
 order to determine who was entitled to the money, and was decided by 
 Vice-Chancellor Hall, in favour of the executors, thus upholding the 
 decision of the commissioners. Against this decision of the Vice- 
 Chancellor's, the present appeal was brought by the devisees under the 
 will. 
 
 Lord Justice James said that there could really be no doubt about 
 the question. The Act destroyed the advowsons, though the Church 
 was not disestablished till almost a year and a half after the passing of 
 the Act, yet the property which was vested in the testator at the time 
 when the Act was passed had its character entirely changed, and was 
 practically destroyed, the right to compensation being substituted for it. 
 The Commissioners were to ascertain the compensation as soon as possible 
 after the passing of the Act, and were not to wait until the time of the 
 disestablishment of the church. In such a case as this there was no 
 equity as between the personal representatives and the devisees of the 
 testator. The Act upon its passing converted that which was an advow- 
 son into a mere right to receive compensation, and that compensation 
 when paid, belonged to the executors. The Vice-Chancellor's decision 
 " that there was an ademption of the devise of the advowsons by the 
 operation of the Act," was quite right. 
 
 Lord Justice Mellish concurred. 
 
 Counsel for the appellants, Messrs. Karslake, q.c., and Deere Salmon. 
 
 Counsel for the respondents, Messrs. Greene, q.c, Dickinson, q.c., 
 Ince, q.c, and Macnaghten. 
 
 Compensation for Proportion of Renewal Fines (heard by 
 Viscount Monck, Mr. Justice Lawson, and the Master of the 
 Rolls,, the 29th October, 1872). 
 *v 
 
 In re The Lord Primate, Appellant. 
 
 Dr. Ball, q.c., m.p., appeared on behalf of the Lord Primate, and Mr. 
 Law, q.c, with Mr. Naish, appeared on behalf of the Crown. 
 
 In this case it appeared that the appellant claimed compensation for 
 the loss of renewal fines alleged to have been sustained through the 
 length of time allowed to elapse between the time he sent in his claim 
 for commutation, and the time when the commutation money in respect 
 of his life interest was paid to the Kepresentative Church Body. The 
 gross income of the Primate's see was .£16,478, of which £9,932 were 
 rents, and £5,207 renewal fines. The fines were payable upon two gale 
 days, viz., on the 1st of May and 1st November in each year. The 
 commutation claim was lodged in February, 1871, and the order for 
 .payment of the commutation money was issued on the 9th of October 
 following, and in the mean time the Primate had retained possession of 
 the estate, and, consequently, received the May fines of that year. The 
 November fines were not, however, paid to the Primate, in consequence 
 of the date of the order, and it had been ruled by Mr. Justice Lawson 
 
DECISIONS UNDER THE IRISH CHURCH. ACTS. 131 
 
 that appellant was not entitled to a proportionate part of fines, from, 
 which ruling the present appeal was brought* 
 
 Dr. Ball, on behalf of appellant, complained that in consequence of 
 the delay of the order of the Commissioners, his Grace had been deprived 
 of the November fines, which were almost due, and for the loss of which 
 no allowance or compensation was made in estimating value of appellant's 
 life interest ; and also contended that as it would have been in the 
 Primate's power to have obtained a much larger amount of fines before 
 the expiration of this term, if, as many of the tenants wished him to do, 
 (although he did not feel that he ought to do so,) he had renewed 
 their leases for 21 years from 1st August, 1871, it was but equitable and 
 reasonable that he should be made some allowance for the disadvantages 
 to which he was subjected. Counsel further submitted that the com- 
 muted- annuity should have commenced to accrue from the date of 
 lodgment of commutation claim, the contract having been then entered 
 into, and referred to the Commissioners' decision in the case of the 
 representatives of Bishop Verschoyle. 
 
 Mr. Law, q.c., and Mr. Naish followed on behalf of the Crown, and 
 upheld the previous order, contending that the Act contemplated the 
 very delay complained of. 
 
 The Master or the Rolls gave judgment, and said that the 23rdsection 
 is not to be considered in the light put forward by Dr. Ball. The Com- 
 missioners are to purchase, by commutation, the life interest of an 
 ecclesiastical person, not for an annuity, but for a capital sum. From 
 the day the commutation money was paid over to the Representative' 
 Church Body the estate became solely the property of the Commissioners. 
 But with regard to the date of the agreement, it was fixed as the date at 
 which all commutations took place was fixed, by a most proper and an 
 invariable rule of the Commissioners— namely, the day on which the 
 commutation claim was lodged. The Primate's interest was calculated 
 and paid for, taking the value on the age attained on the. birthday 
 previous to the date of lodgment of claim ; but, as very often happened 
 in ordinary affairs, the Commissioners allowed the vendor to retain 
 his current interest in the estate and to receive the rents and regular 
 fines up to the gale day previous to the time at which payment was 
 made of the capital sum. These rents and Sues were undoubtedly more 
 valuable than the interest of the money would have been if the money 
 had been paid over the day after the claim was lodged. The Primate 
 was, therefore, in no way injured by delay of payment, and the complaint 
 of the appeal was virtually a complaint that payment was made too soon 
 and not too late. The appeal must, accordingly, be dismissed, and the 
 previous order affirmed. 
 
 Viscount Monck and Mr. Justice Lawson concurred in this Judgment. 
 
 (Heard by Viscount Monck and Mr. Justice Lawson, the 
 16th May, 1871.) 
 
 In re the Representatives of the late Right Rev. Hamilton 
 Verschoyle, D.d'., Lord Bishop of Kilmore, Elphin, and Ardagh, 
 Appellants. 
 
 Dr. Ball, q.c, m.p., appeared on behalf of appellants to sustain an 
 appeal from a conditional order, disallowing the claim of the representa- 
 tives of Bishop Verschoyle for payment of proportion of renewal fines 
 alleged to be due up to the date of the Bishop's death. Counsel ad- 
 mitted that if the Irish Church Act had not passed, the representatives 
 
 s.2 
 
132 DECISIONS UNDER THE IEISH CHURCH ACTS. 
 
 ■would not have had any claim on a newly appointed Bishop, but con- 
 tended that the claim was a proper one to be paid by the Commissioners 
 under the 55th section of the Act, inasmuch as under the 66th section 
 the new Bishop was not entitled to be paid a greater sum than a pro- 
 portionate part of the net annual income of the see estates, which were 
 vested in the Commissioners on the 28th of January, 1870. 
 
 The Commissioners having heard the arguments of Mr. Law, q.c., and 
 Mr. M. J. Barry, who appeared on behalf the Crown. 
 
 Mr. Justice Lawson delivered judgment, and said the question raised 
 was whether the representatives of the Lord Bishop of Kilmore, who 
 died on the 28th bf January, 1870, were entitled, either under the 
 ordinary law, or under the provisions of the Irish Church Act, to a 
 proportion of the fines due upon that day. It had been admitted by 
 Dr. Ball, that if the Irish Church Act had never been passed, the late 
 Bishop would not have been entitled to any portion of those fines, but the 
 question was whether the then existing law had been altered by the Act. 
 The 55th section was the only one which seemed to regulate the question 
 raised. That section appeared to be confined to rents,- interests, and 
 other rents payable at the time of the vesting of the property in the 
 Commissioners. Thus, compensation had not become payable until that 
 time, and, therefore, the case did not fall within that section. It had 
 then been sought to bring it within the subsequent section providing 
 for temporary vacancies. The Commissioners, however, were of opinion 
 that this was a question that must depend upon the ordinary law. The 
 Irish Church Act, they held, did not intend to confer any benefits upon 
 the representatives of a deceased Bishop, which they had not been in 
 the custom of receiving under the law as it formerly stood. The Com- 
 missioners were of opinion that their former ruling was right, and 
 they therefore confirmed it. 
 
 Viscount Monck concurred in this judgment. 
 
 An application for costs was refused. 
 
 Annuities and Commutation op Presbyterian Ministers 
 (heard by Viscount Monck. and Mr. Justice Lawson, the 22nd 
 December, 1870). 
 
 In re Rev. John Hemphill. 
 Dr. Ball, q.c, m.p., who appeared for the Bev. Mr. Hemphill, said the 
 appellant in this case was the minister of the Union-road Presbyterian 
 Church, Magherafelt, and the question to be decided was whether the 
 congregation of that Church, who had been declared to come under the 
 Act, were entitled to commute at present, or whether they must allow » 
 certain period to elapse before they could do so. Counsel did not know 
 whether there were other congregations in a position similar to that in 
 which the present stood, but he was led to believe there were, as the 
 Moderator was very anxious concerning the decision of the Commis- 
 sioners. There were four qualifications which entitled a congregation to 
 obtain the Regium Donum. Firstly, there must be a house of worship ; 
 secondly, there must be twelve families in connexion therewith as 
 worshippers ; thirdly, there must be an ordained minister; and fourthly, 
 the house of worship, the congregation, and the minister must pass three 
 years' probation as a test of the bona fide nature of the claim to the 
 grant. The claimant is minister of a congregation, but has not fulfilled 
 the whole of the necessary conditions. Although he is an actual minister 
 now serving, the time for his annuity would not begin until the pro- 
 bationary period had run out. Counsel contended that the meaning of 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 133 
 
 the provisions of the Act was to give the minister the prospective right 
 to the annuity which he could claim when his probationary time ran out. 
 The whole question, granting that there was a deferred payment of the 
 annuity, was, could not the minister anticipate that annuity for the 
 purposes of commutation ? It was plain that the Act meant to allow 
 commutation, although the beginning of the payment was deferred. 
 
 Mr. Justice Lawson said the Act gave the present grant of deferred 
 annuity, but the person's ultimate right to get the annuity was that he 
 should at the proper time be minister of a congregation ; but if he died 
 before that time, he would not have any right at all. 
 
 Dr. Ball, whilst admitting that, contended that if they assumed, for 
 the sake of argument, that all the ministers had the three years' proba- 
 tion still to serve, and that they could not commute until they had ful- 
 filled that condition, then the object contemplated in the Act would be 
 defeated, for commutation could not take place until three years had 
 elapsed. 
 
 Mr. Justice Lawson. — The words of the section of the Act are: — 
 '' And shall as from that time pay to the minister of each such congrega- 
 tion." That means to the person who is at that time minister of the 
 congregation. I admit that that would be qualified by the subsequent 
 words, " no minister placed in a congregation for the first time," &c. 
 But suppose he had been in a congregation previously, but had been 
 transferred to another congregation, he might say, " I have always 
 belonged to a congregation." 
 
 Dr. Ball. — I think, to be entitled, the person must remain in the same 
 congregation as he had previously occupied. 
 
 Mr. Justice Lawson. — I do not think so. The annuities are all the 
 same, so that there would be no difference in the amount. 
 
 Viscount Monck I conceive there is nothing to prevent a minister 
 
 being' transferred to another congregation in two years hence, and then 
 claiming from that congregation. 
 
 Mr. Justice Lawson. — There would be an advantage in that, and I do 
 not see why, if a minister dies, the congregation should not be at liberty 
 to procure a minister from another place under that condition. 
 
 Dr. Ball. — Certainly, that is a matter of great importance. I had 
 observed myself that the Act spoke of the minister of a congregation, and 
 not of the congregation. 
 
 Mr. Justice Lawson You see, if we allowed this clergyman to com- 
 mute, the clergyman who succeeds him would also have the right, when 
 the time arrived, for making the claim. 
 
 Dr. Ball, — The entire question turns upon the wording of the section 
 having reference to the subject. The General Assembly desire commuta- 
 tion, and it is their interest to have as many interests as possible dealt 
 with simultaneously. They, therefore, desire a ruling on the subject. 
 
 Judgment having been reserved, was delivered on 3rd February, 1871, 
 as follows : — 
 
 Mr. Justice Lawson said that at first the Commissioners were under 
 the impression that this annuity would not arise until certain conditions 
 should be performed, and that they could not allow Mr. Hemphill to 
 commute until they were complied with, and until the annuity became a 
 personal one, because they were of opinion that some other person might 
 claim at the time the deferred annuity came into effect. Dr. Ball; how- 
 ever, had satisfied the Commissioners that there could be no other person 
 to claim, and they would, therefore, allow Mr. Hemphill to commute in 
 the ordinary way. 
 
 Viscount Monck concurred in this judgment. 
 
134 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 (Heard by Viscount Monck and Mr. Justice Lawson, the 
 15th of May, 1871.) 
 
 In re the Rev. John M'Naughten, Appellant. 
 
 The appellant, who was minister of the Presbyterian congregation, 
 Rosemary-street, Belfast, sought to be allowed to commute for the 
 Regium Donum. The claimant appeared in person, and stated his case, 
 which, he said, did not come within the case of a new congregation under 
 probation, for his church was one of the oldest, and had always been in 
 receipt of the Regium Donum down to 1849, when he became minister 
 of the congregation. . He was formerly administer of the Established 
 Church in Scotland. He said he could prove that his congregation had 
 fulfilled all the conditions necessary for obtaining the Regium Donum, 
 and although he had never applied for it, lest his doing so might be con- 
 sidered an abandonment of the principles which caused him to leave the 
 Church of Scotland, yet he was entitled to receive it. He would not 
 gain anything by obtaining Regium Donum, but he simply desired that 
 the congregation niight have the benefit of it. 
 
 Mr. Justice Lawson. — You claim under the clause that the congrega- 
 tion has fulfilled all the conditions necessary for obtaining the money ?., 
 
 The Rev. Mr. M'Naughten Yes ; I could have claimed the money at 
 
 any time I pleased, but did not do so for the reasons I have stated. 
 
 The Commissioners allowed the appeal. 
 
 Decisions affecting Compensation for Rights of 
 Succession to Benefices. 
 
 In re the Appeal of the Fellows, in Holy Orders, of Trinity 
 College, Dublin (heard before Viscount Monck, Mr. Justice 
 Lawson, and the Master of the Rolls, on the 3rd of June, 
 1873). 
 
 The appellants in this case claimed compensation for deprivation of 
 the right of succession to various livings ; the appointments to which 
 they were entitled to, before the passing of the Act, in virtue of their 
 respective positions. 
 
 Mr. Pilkington, Q.c, and Mr. Madden appeared for the appellants. 
 
 The Solicitor- General and Mr. Rickey, q.c, appeared for the Crown. 
 
 Judgment having been reserved, was delivered on the 20th December 
 1873, when the Master or the Rolls said: 
 
 In this case several of the Fellows of Trinity College in Holy Orders, 
 namely, the Rev. Mr. Stubbs, the Rev. Mr: Gray, and the Rev. Mr! 
 Mahafly, have appealed from a decision of Mr. Justice Lawson, who dis- 
 allowed their claims to compensation which were made under the 46th 
 section of the Irish Church Act, 1869. The facts upon which those 
 claims, were made, and upon which this appeal rests are not disputed. 
 Under ancient patents, or grants from the Crown, the Corporation of 
 Trinity College.was, at the passing of the Irish Church Act, in 1869, the 
 owner of a considerable number of advowsons; the next presentation in 
 each .of which, upon avoidance, would be tendered to the Fellows of the 
 College in rotation, according to seniority, in conformity with a usage of 
 such ancient standing and such uniform observance, that we may take it 
 to have the force of law. Several of these livings exceed in annual value 
 the income derivable from any of the fellowships which the Appellants 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 13E> 
 
 enjoy ; and, therefore, it may be taken that if the Irish Church Act had 
 not passed, there was a possibility or a probability, of one of those livings 
 being tendered to the Appellants, or some one of them, varying more 
 or less, according to the age and health of the- incumbent for the time 
 being, and of the expectant. 
 
 We are disposed to think that this right, though one somewhat difficult 
 of estimation, is a right of succession within the true meaning of that 
 term ; and, therefore, the question is, whether the Irish Church Act has 
 given the right of claiming compensation for the loss thereof. It is clear 
 enough that a Fellow of Trinity College in Holy Orders is neither the 
 holder of a benefice nor the holder of a cathedral preferment ; giving 
 these terms the fullest significance, and the interpretation of them in the 
 Irish Church Act is of the widest character. But it is argued that they 
 were ecclesiastical persons, and. therefore, that they came precisely within 
 the letter of the 46th section of the statute, and that as such they are 
 thereby given the right to claim compensation for the loss they sustain by 
 the right of presentation being taken from the College. 
 
 This question then turns entirely upon the true construction of the 
 statute. Now one of the very first canons of construction in reference 
 to the interpretation of a statute is, that general terms made use of in it 
 are to be construed with regard to its context ; and nothing can be so 
 opposed to principle and authority as the abstract assertion that, because 
 a general term, according to ordinary meaning, includes or embraces a 
 particular thing or class within it, it must have that meaning in any 
 statute or written instrument in which it happens to be used. No doubt, 
 as a general rule, the ordinary grammatical meaning is to be given ; but 
 the context of the statute or written instrument can always serve to show 
 — nay, more, to demonstrate, that the term is used in a more restricted 
 or different sense than understood ordinarily or in popular signification. 
 Often in a statute, words which, standing by themselves, are capable but 
 of one wide and clear construction, are shown, by reference to other por- 
 tions of the same statute, and sometimes actually by reference to statutes 
 in pari materia, to have a meaning so restricted and different from that 
 which a mere perusal of them in the place where they are found would 
 indicate, that the restricted and fettered interpretation of them which is 
 enforced becomes perfectly startling to the unprofessional reader, until 
 the reasons for such interpretation are clearly laid before him. Lord 
 Justice Turner, the very highest authority, in Hawkins v. Gathercloe,* 
 after observing that in construing Acts of Parliament the words which 
 are used are not alone to be regarded, and that regard must be had to 
 the intent and meaning of the Legislature, says that the best summary of 
 the law upon this subject is to be found in the following passages, which 
 are quoted from Stradling v. Morgan in Plowden, vol. I., p. 199, "in 
 which it is said that the judges of the law in all times past have so far 
 perceived the intent of the makers of statutes, that they have expounded 
 Acts which were general in words to be but particular ;" and after referring 
 to several cases, the report contains the following remarkable passage, at 
 p. 205 : " Prom which cases it appears that the sages of the law heretofore 
 have construed statutes quite contrary to the letter to some appearance, 
 and those statutes which comprehend all things in the letter they have 
 expounded to extend but to some things, and those which generally pro- 
 hibit all people from doing such an act they have interpreted to permit 
 some people to do it, and those which include any person in the letter 
 they have adjudged to reach some persons only ; which expositions have 
 always been founded upon the intent of the Legislature which they have 
 *6DeG., M'N. & G., p. 21. 
 
136 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 collected, sometimes by considering the cause and necessity of making 
 the Act, sometimes by comparing one part of the Act with another, and 
 sometimes by foreign circumstances ; so that they have ever been guided 
 by the intent of the Legislature, which they have always taken, according 
 to the necessity of the matter, and according to that which is consonant 
 to reason and good discretion." Taking the law as so settled, let the 
 statute and question be examined in its entirety and in detail. It is per- 
 fectly manifest that every ecclesiastical person, in the wide sense of that 
 term, was never intended to be included in the provisions of this Act of 
 Parliament. If that were so, one would expect to find clauses for the 
 compensation of such persons, but none such exist. The compensation 
 claims, apart from the 46th section, are carefully worded, so as to embrace 
 only the special classes of "ecclesiastical persons" therein particularly 
 described, which are: "Every holder of any archbishopric, bishopric, 
 benefice, or cathedral preferment," in or connected with the Church which 
 was about to be disestablished, and every curate, as defined by the 1 5th 
 section of the. Act ; and it seems a strange proposition, that the Statute 
 in its 46th section has thrown its apparent policy to the winds and num- 
 bered within it every ordained clergyman. Now one of the consequences 
 of holding this position would be, that an ordained clergyman who had 
 purchased an advowson before the passing of the Act, would, because he 
 had the right to present himself on the next vacancy to the benefice, be 
 entitled to compensation for his right of succession ; while the same per- 
 son would, as a matter of course, under the 18th section, get full com- 
 pensation for the loss of his advowson, which would include in it the 
 same next presentation, thus getting compensation twice over for the 
 next presentation. In truth, the 46th section, if one regards its provi- 
 sions and the interpretation clauses of the Act, plainly seems to indicate 
 that the right of succession must be one flowing from or connected with 
 some office or ecclesiastical preferment in the Church about to be dis- 
 established ; and this will appear more clearly by examining the several 
 sections of the statute in which the term "ecclesiastical person" occurs. 
 The first section in which this term occurs is the 16th, where the use of 
 the term is by the very context limited in its meaning and application. 
 The words are: "Without the consent of the ecclesiastical person under 
 whom such sexton or other officer may be serving at the time of the 
 application being made for commutation." 
 
 In the 20th section it is used twice, and there it is equally plain that 
 it is used in a restricted sense. In section 23 it is again used in the same 
 way as only including those ecclesiastical persons entitled to commute, 
 and who have agreed to commute. Again, it is used in the 27th section 
 in the same restricted manner. The use of the term in the 30th section 
 is a strong instance of the same limited meaning assigned to it in the Act 
 of Parliament. 
 
 Then comes the 46th section, which is as follows: — "The Commis- 
 sioners shall ascertain whether the chancellor and prebendaries of Christ 
 Church, Dublin, or any other ecclesiastical persons, are or are not 
 entitled to any right of succession in the benefices of Kilcullen, Kildare, 
 Saint Mary, Saint Thomas, and Saint George, Dublin, or any other 
 benefice or benefices, and if entitled, shall award to them respectively 
 such. sum in compensation for the same as shall seem to them just." 
 
 Now, entirely apart from the interpretation clause, I should, on the 
 general rules of construction, be prepared to hold that, inasmuch as the 
 right of compensation in the instances quoted in tne section is expressly 
 given as connected with offices or preferments in the Church, the words 
 "or any other" ought to receive interpretation according to the rule 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 137 
 
 " ejusdem generis ;" for that construction alone would make the meaning 
 of the 46th section to be in unison with all the other provisions of the 
 statute ; why, if all ecclesiastical persons were to be compensated for 
 supposed loss of succession should the language of the statute be so 
 peculiar? But when the interpretation clause is examined it will be 
 found that " ecclesiastical persons," having explained itself by the con- 
 text all throughout the statute for the first time in this 46th section, 
 requires a meaning to be given to it, partly restricted and partly 
 extended, which is answered by the interpretation clause, showing that 
 " ecclesiastical person" must be construed as one holding a benefice or 
 cathedral preferment as defined by the statute, and out of, or by virtue 
 of which the right of succession springs. Now this view is not merely 
 aided, but actually enforced, by the following considerations: — The 
 Fellows of Trinity College claim their right of succession, not by virtue 
 of any benefice or cathedral preferment, but simply by their being 
 members of a lay corporation entitled to the advowsons, whose usage 
 has been to offer the next presentation to the senior member of the 
 corporation holding the position of Fellow, and who being in Holy 
 Orders is competent to fill the benefice. The Act of Parliament, by its 
 1 8th section, gives to the corporation itself the fullest measure of com- 
 pensation for the entire advowson, which of course covers the very next 
 presentation, to the right of succession to which compensation is claimed 
 by individual members of the corporation. It seems to me that the 
 Fellows of Trinity College, though in Holy Orders, are not entitled to 
 claim compensation under the Act ; in other words, that the claim for 
 compensation by the individual members of the corporation cannot be 
 made good against the property vested in the Church Commissioners, 
 but is, if it at all exists, a, matter of adjustment between them and the 
 corporation itself. A good deal of reliance during the argument was 
 placed on the words in the recital in the statute, viz. : — "all just and 
 equitable claims." I do not think that this recital, having regard to the 
 way in which it is used, helps the contention ; but it would appear more 
 just and equitable that where the entire advowson vested in the cor- 
 poration is compensated for by payment in full to the corporation, a right 
 to a next presentation, vested in a member of that corporation, should 
 be adjusted by the corporation, out of the funds it has got as compen- 
 sation, rather than that the same thing should be doubly paid for, an 
 intention which it is most difficult to impute to the legislature. It 
 appears to me, that to hold that the words " ecclesiastical persons " in the 
 46th section are to be restricted to persons holding a benefice or cathedral 
 preferment, as defined by the Act, accords with the general intent and 
 provisions of the statute, and is, having regard to the interpretation 
 clauses, and the rules of construction I have referred to, absolutely 
 required. 
 
 Nothing is of such frequent occurrence in our reports as words used in 
 a statute, apparently in a most general sense, being restricted in their 
 meaning. These cases are almost countless. I have selected a few of 
 them which stand in different points of view, but the principles of which 
 converge to illustrate what I have said, and the principles upon which 
 our decision in this case must be founded. 
 
 By the statute of the 3rd and 4th Vict., c. 105, a judgment is made 
 an equitable charge in favour of the creditor against all the property 
 of the debtor mentioned in it ; viz., lands, rectories, tithes, hereditaments, 
 &c, of or to which the creditor was, at the entry of judgment, seised or 
 possessed for any estate or interest whatever, either at law or in equity. 
 Larger words cannot be conceived; and it was held even in this country, 
 
138' DECISIONS UNDEK THE IEISH CHUECH ACTS. 
 
 where the incumbent could actually charge his benefice, that ecclesiastical 
 rectories were not within the term " rectories." Why ?• Because in an 
 earlier section of the same Act of Parliament, dealing with a wholly 
 different matter, the word "rectory," though used apparently in the 
 most general manner, was shown by the context to be confined to lay 
 rectories. 
 
 The then Lord Chancellor of Ireland had held for a considerable time 
 the opposite view : holding that the general words of the 22nd section 
 should get their full force and meaning ; but he was obliged (when the 
 matter was reviewed in the Court of Appeal in Chancery here), yielding 
 to the rules I have mentioned, to reverse all his previous decisions, and 
 to hold that the general meaning of the word "rectory" was to be 
 restricted, and that lay rectories only were within the 22nd section. 
 That case will be found reported as Sweeny v. Fleming, 14 Irish 
 Chancery Reports, p. 23. 
 
 Applying the principle of the argument here, that case might justly 
 be quoted as establishing that an ecclesiastical rectory was not a rectory, 
 a simple reductio ad abturdum ; but it established no such thing : it 
 established that an ecclesiastical rectory was not a rectory within that 
 particular Act of Parliament. Now, again, by the statute 13 & 14 Vic, 
 c. 29, a judgment, when registered as prescribed by the statute, is given 
 in the most express language the same efFect as if the creditor had 
 executed a mortgage, and as if that mortgage had been duly registered 
 in the Deeds Registry Office. It was held in the Court of Chancery in 
 this country, and in the Court of Appeal in Chancery here, that the 
 judgment so registered as a mortgage took priority over the previously 
 executed deed of the creditor, affecting the same property which' 
 remained unregistered, and of which the judgment creditor had not 
 notice, because it was said that the language of the statute admitted no 
 other interpretation ; but all these decisions were reversed by the House 
 of Lords in the case of Eyre v. M'Dowell, and from which it is plain 
 that a great miscarriage occurred in this country in not attending to the 
 rule, that general words or general terms in a statute are to be controlled 
 or restricted as well by the context of the statute itself, as by that of all 
 those statutes that were previously passed in pari materia ; and it was 
 demonstrated by the most perfect logical reasoning, that upon the true 
 construction of the statute, when taken together with the 3 & 4 Vic, c. 
 105, that a judgment creditor, notwithstanding the strong and apparently 
 unambiguous words I have referred to, took by the registration of his 
 judgment nothing but what remained after giving full effect to all the 
 dispositions of the debtor, including even those which were unregistered.. 
 The case of Rex v. Ingham, 3 Ell. & Bl., p. 889, illustrates the same 
 principles. By an Act of the 37 of the 7 & 8 Geo. IV., chap, lxxv., 
 a local and personal but public Act, for regulation of the watermen and 
 lighthousemen in the River Thames, between Yantlet Creek and 
 Windsor, a penalty is imposed on any one who, not being a freeman of 
 the Waterman's Company or an apprentice, shall act as a waterman or 
 lighterman, or ply, or work, or navigate, or cause to be worked or 
 navigated, any wherry, lighter, or other craft, from or to any place, or 
 ship, or vessel, for hire. It was held that a steam tug was not within 
 the term " craft." Mr. Justice Erie says, p. 901 : " I am also of opinion 
 that the appellant has incurred no penalty, in other words, that he has 
 not worked or navigated any wherry, lighter, or other craft, within the 
 meaning of the 37th section ; what he has done is to navigate a steam 
 tug in moving a vessel, and the question is whether that is within the 
 words of the section. All tarns upon the wide term 'craft;' it is said 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 139 
 
 that this may include a steam tug, and so it may. But it is a general 
 rule that when a word of wide signification follows others of a signifi- 
 cation less wide, it must be interpreted as having a meaning bringing it 
 within the same class as those others." That case no doubt was a case 
 of a penalty sought to be imposed at the instance of a body seeking to 
 establish an exclusive monopoly ; but the principle of construction laid 
 down by Mr. Justice Erie is one of general application. Of course it 
 was perfectly absurd to suppose that a steam tug was not 'comprised 
 within the term " Craft ; " but that was not the question at all : the 
 question was, was it within the meaning of the term " craft " as Used in 
 the section of the Act upon which the question turned ?' So here the 
 question is not, whether the Rev. Mr. Stubbs, the Rev. Mr. Gray, and 
 the Rev. Mr. Mahaffy are not ecclesiastical persons, but are they within 
 that term as used in the 46th section of the Irish Church Act of 1869 ? 
 Again, in the case of Ingram v. Barnes, 7 Ell. & Bl., p. 115, it was 
 held that an illiterate labouring man attaching his mark to a contract by 
 which he engaged to make as many bricks as required in a certain field, 
 and who actually with his own hands assisted in the making of the bricks, 
 was not an " Artificer " within the meaning of that term as used in the 
 Truck Act, 1 & 2 William IV., c. 37, as he was not bound personally to 
 do any part of the work. 
 
 Now that statute is a most beneficial one — one for the protection of 
 workmen. It enacted that in all contracts for the hiring of any artificer 
 in the trades enumerated, or for the performance by any artificer of any 
 labour in any of those trades, the wages of such artificer shall be paid in 
 the current coin of the realm, and not otherwise ; in its 3rd section, it 
 enacted that every payment by goods or other, otherwise than by giving 
 current coin, should be illegal, null, and void. 
 The interpretation clause was as follows : — 
 
 " That in the meaning and for the purposes of the Act, all workmen, 
 labourers, or other persons in any manner engaged in the performance of 
 any work, employment, or operation, of what nature soever, in or about 
 the said trades shall be then deemed '■artificers;' and that within the 
 meaning and for the purposes of the Act, any money or other thing had 
 or contracted to be paid, delivered, or given as a remembrance, reward, 
 or remuneration for any labour done or to be done, whether within a 
 certain time or to a certain amount, or for a time or an amount uncertain, 
 should be deemed and taken as the wages of such labour." Nothing 
 could apparently be stronger than these words ; yet it was held in the 
 Court of Queen's Bench, certainly with some expression of doubt, but 
 afterwards unanimously in the Exch. Chamber, that although the brick- 
 maker was not paid in money, but by goods tickets, yet that the pay- 
 ment was good — the brickmaker not being an Artificer within the 
 meaning of the Act — upon the ground that the whole context of the Act 
 showed that the term "artificer" was intended only to apply to those 
 who are actually or personally engaged or employed to do the work ; in 
 other words, bound personally to execute it, that is, to cases of master 
 and labourer. 
 
 The argument used in that case was very much the same as that used 
 
 nere namely, that the letter of the Act of Parliament was clear, and 
 
 that it should get its full and unrestricted meaning. No doubt, as an 
 abstract proposition, it was ridiculous to say that the brickmaker was not 
 an artificer ; but that was not the question ; the question was, was he an 
 artificer within a particular Act of Parliament, which is an entirely 
 different matter. 
 
 The latest case in which it was sought to lay hold of general words, is 
 
140 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 a curious one, Charlton v. Brigs, 4 L. R. C. P. The People's Represen- 
 tation Act of 1867 enacts, that every man with certain qualifications 
 shall be entitled to the franchise. The 13 & 14 Vict. c. 21, section 4, 
 Lord Brougham's Act, enacts, that in all Acts words importing the 
 masculine gender shall be deemed and taken to include females, unless 
 the contrary as to gender is expressly provided. It was vehemently con- 
 tended that thus women were entitled to the franchise ; but applying the 
 general rules of construction above referred to, the Court held, entirely 
 apart from the question of legal incapacity, having regard to the whole 
 context of the statute and of the previous Act, in " pari materia" that 
 " man," notwithstanding Lord Brougham's Act, should be read as " male 
 persons." These cases I have mentioned out of many, not to fortify or 
 supplement my views upon the statute itself, as to which I have no doubt, 
 but through respect for the legal arguments urged before us, and to make 
 more intelligible a rule of law, which, though perhaps easily understood 
 by lawyers, does not win its way to the minds of unprofessional persons. 
 The application of the rule in the present instance works no mischief. 
 The Corporation of Trinity College have got compensation for a subject 
 matter which includes the very thing upon which the Appellants, mem- 
 bers of the Corporation and claiming as such, here base their right, and 
 it does not impute to the Legislature the novel intention of awarding 
 double compensation for the same thing. As well upon principle as 
 upon authority we are of opinion that the claimants, who are Fellows of 
 Trinity College in Holy Orders, are not ecclesiastical persons within the 
 meaning of the 46th section, and, therefore, that this appeal should be 
 disallowed. 
 
 Mr. Justice Lawson, in delivering judgment, said : — 
 In this case I concur with his Honor the Master of the Rolls, and 
 after his very full judgment, it is scarcely necessary for me to add any- 
 thing ; but I desire briefly to state the view of the 46th section of the 
 Irish Church Act, upon which the question turns. 
 
 That section provides for compensation to any other ecclesiastical 
 person " beside those specially named, entitled to any right of succession 
 to any benefice." Now, independently of the interpretation clause 
 altogether, and supposing the word to stand unexplained by any glossary, 
 I should hold, that the right of succession spoken of must, having regard 
 to the context, and the whole frame of the Act, mean a right incident to 
 the ecclesiastical status of the person in the Church. In the case named, 
 of the Chancellor and Prebendaries of Christ Church, it means a right 
 of succession to which, by virtue of the chancellorship or prebend, the 
 holder was entitled. Applying the ejusdem generis principle, the word 
 " other " must receive that construction. These ecclesiastical offices 
 were abolished by the Act, and the scheme of the Act is to give compen- 
 sation for the loss of the office itself, and of any right to succeed to 
 another office incident to the office held. It never could be held to 
 apply to any right of succession belonging to a person in holy orders, 
 growing out of the exercise of a right of patronage by the owner of an 
 advowson entitled to compensation under the 1 8th section of the Act. 
 The owner of that advowson may be charged with a duty or trust to 
 present a particular person on the next avoidance, and the person so 
 presented must be a clerk in holy orders ; but his right to be presented 
 does not grow out of his ecclesiastical status, but out of a special relation 
 between him and the patron of the living. Thus, if a clergyman is him- 
 self the owner of an advowson, he may present himself on the. next 
 avoidance ; but that is not a right of succession under the 46th section, 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. l4l 
 
 but a matter to be considered in calculating the value of the advowson 
 under the 18th section. I have always so held, and have disallowed 
 such claims when presented under section 46. The same principle must 
 apply where, instead of the clergyman being himself the^owner of the 
 advowson, another is owner of it with a trust or duty to present him. 
 The Act provides that the entire capital value of the advowson is to be 
 paid as compensation, and it would be absurd to hold, first, that the entire 
 sum representing the value of the advowson should be paid to the owner or 
 trustee, and besides that persons having rights as against him should be 
 compensated out of the funds of the Commissioners, instead of out of the 
 capital sum representing the entire value of the advowson. Now, apply- 
 ing that to the present case, how does the matter stand ? The corpora- 
 tion of Trinity College, consisting of the Provost, Fellows, and Scholars, 
 have a number of advowsons, a sum of over £1 20,000 has been ascertained 
 to be the value of these advowsons, and has been paid over to the corpora- 
 tion, and now represents these rights. Then it appears that by a usage 
 of the corporation certain members of it, the Fellows, were entitled in a 
 certain order to be offered the presentation to those iivings — that gives 
 them a right, but not a right growing out of their ecclesiastical status, 
 but incident to their office of Fellows, the being in holy orders being a 
 necessary qualification for the enjoyment of the right. The status of 
 Trinity College, and of its Fellows, is not affected by the provisions of 
 the Church Act ; but the College, like any other person, loses its advow- 
 sons and has been compensated for the loss, and the individual members 
 of the corporation, who have subordinate rights against the corporation, 
 must assert them against the sum paid to the corporation in respect of 
 these advowsons. I am very far from saying that the Fellows have not 
 such a right. I only decide that they have it not against the Commis- 
 sioners, for that would be to make them pay for the same thing twice. 
 
 But the interpretation clause removes all doubt upon the matter. If 
 the words ecclesiastical person in the 46th section had remained unex- 
 plained, it would have excluded from compensation under that section 
 lay members of Cathedral corporations, who were entitled to succeed to 
 other Cathedral preferment, and, therefore, the interpretation clause 
 makes an ecclesiastical person include a person holding a Cathedral 
 preferment as thereinafter defined, which names a vicar-choral or choir- 
 man. We, therefore, decided that the choirmen of Christ Church, though 
 laymen, were ecclesiastical persons within the meaning of the Act. The 
 same interpretation clause says the words ecclesiastical person shall mean 
 any archbishop, bishop, or person holding any benefice ; thus excluding 
 from it persons in holy orders who do not fill any of those positions. 
 
 It appears to me, therefore, to be clear that a Fellow of Trinity College 
 in Holy Orders, as such, is not an ecclesiastical person within the 46th 
 section of the Act. 
 
 Lord Viscount Monck concurred in the judgments already delivered, 
 and stated that although the appellants had not succeeded, yet, as the 
 case was a fair one for argument, the Commissioners would allow them 
 their costs. 
 
142 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 (Heard by Viscount Monck and Mr. Justice Lawson, the 15 th 
 
 May, 1871.) 
 In re the Stipendiaries of Christ Church Cathedral, Appellants. 
 
 Mr, - Pilkington, q.c. (with whom were Dr. Ellington, q.c. and Mr. 
 Hamilton), instructed by Messrs. Hamilton and Craig, appeared to sustain 
 an appeal from a conditional order made by Mr. Justice Lawson dis- 
 allowing the claims of the appellants, and said that they sought com- 
 pensation under the 46th section of the Irish Church Act, in respect to 
 their right of succession to the benefits of the vicar-choralships of the 
 Cathedral of Christ Church, Dublin. The certificate of the Dean and 
 Chapter of the Cathedral, as well as the books, would show that so far 
 back as 1691 there had been a right of succession to the stipendiaries or 
 choirmen, which, continued up to the passing of the Act. 
 
 Mr. Justice Lawson. — The certificate states, " It has been the general 
 usage since 1617 for choirmen to succeed to the vicar choralships of the 
 Cathedral," but I think to entitle the claimants to compensation it 
 should have been an invariable usage. 
 
 Mr. Pilkington said he thought it had been the invariable usage. The 
 only question to be argued was whether the claimants came within the 
 46th section. It enacted — "The Commissioners shall ascertain whether 
 the Chancellor and Prebendaries of Christ Church, Dublin, or any other 
 ecclesiastical person are or are not entitled to any right of succession in 
 the benefices of Kilcullen, Kildare, St. Mary, St. Thomas, and St. George, 
 Dublin, or any other benefice or benefices, and if entitled, shall award to 
 them respectively such sum in compensation for the same as shall seem 
 to them just." He (counsel) thought it might appear at first sight that 
 the section did not apply to the claimants, but he submitted that the term 
 " ecclesiastical person" would include stipendiaries. 
 
 Mr. Justice Lawson You argue that "ecclesiastical person" may 
 
 mean a layman. 
 
 Mr. Pilkington said that was so, because he considered he was entitled 
 to say that " cathedral preferment" might include a lay person, and that 
 it was the policy of the Act to give compensation to every one who had 
 a right to it. In the glossary there was an explanation of the term as 
 follows : — " Cathedral preferment shall mean and include every deanery, 
 archdeaconry, prebend, canonry, chaplaincy, office of minor canon, 
 chantry, office of priest vicar, vicar-choral, or choirman, having any 
 prebend or endowment belonging thereto, or belonging to any body 
 corporate, consisting of persons holding any such office, and also every 
 precehtorship, treasurership, subdeanery, chancellorship of the church, 
 and other dignity and office in any cathedral or collegiate church." 
 
 Mr. Justice Lawson said there could not be a right of succession in 
 any individual choirman, because it appeared that there was a usage to 
 elect the vicar choral from the body of choirmen. 
 
 Mr. Pilkington argued that the section had been passed expressly for 
 the purpose of giving compensation for the succession to the living, and 
 that if it did not include the claimants it would be a dead letter. ; 
 
 Mr. Law,' Q..C. (with whom was Mr. Barry), watched the proceedings 
 on the part of the Crown and opposed the claim, and argued that the 
 claimants did not come within the 46th section at all. They were liable 
 to be dismissed at any time, and did not hold anything which could be 
 regarded as an office as known to the law. The office had no prebend or 
 endowment, and he contended that a benefice, in the common-sense 
 meaning of the term, meant ecclesiastical or clerical preferment. 
 
 Dr. Elrington observed that their lordships were not asked to put any 
 
ftECiStOSS TjNrjER THE IRISH CHtTRCH ACTS. 143 
 
 •violent construction on the section when they were asked to believe that 
 "ecclesiastical person" might mean a layman, for in the Shipping Act 
 " seaman" included women (laughter). He further mentioned that if 
 the word "benefice" included the office of the claimants, or of vicar- 
 choralship they would be entitled to compensation. 
 
 Judgment having been reserved was delivered on the 16th May, 1871. 
 
 Viscount Monck said — In this case the appellants are the choirmen of 
 Christ Church Cathedral, who claim compensation for the loss of their 
 right of succession to the vicars of the same cathedral, under the 46th 
 section of the Irish Church Act. 
 
 The "vicars and choirmen" of Christ Church — six vicars and six 
 choirmen — appear to have been constituted a corporation, and endowed 
 by a charter of Charles II. 
 
 A usage extending over a long period of time has been proved of filling- 
 up vacancies amongst the vicars by election from amongst the choirmen. 
 
 It is plain that the existing choirmen have, by the passing of the Irish 
 Church Act, lost their right of succession, or, at all events, their chance 
 of being elected to succeed to the vicarages. 
 
 It has been well observed in the argument of this case, that this 46th 
 clause is an isolated clause in the Act, and embodies a principle which is 
 generally in other parts of the Act rejected — that, namely, of compensa- 
 tion for an interest not matter of present enjoyment. 
 
 The wording of the clause is remarkable; it begins as if it meant to 
 deal only with the officials of Christ Church — " The Commissioners shall 
 ascertain whether the chancellor and prebendaries of Christ. Church, 
 Dublin," and then proceeds in terms of general application, " or any other 
 ecclesiastical persons," "are or are not entitled to any right of succession 
 to the benefices of Kilcullen, &c, or any other benefice or benefices," 
 and if entitled to compensate them for the same. 
 
 It is on the construction to be given to these words of general applica- 
 tion that the question which we have to decide arises. 
 
 I have already said that a custom of selecting the successor to a vacant 
 vicarage from among the choirmen has been shown, sufficient in my 
 opinion to establish the "right of succession " in that body. 
 
 The appellants ask us further to give such a meaning to the words, 
 " other ecclesiastical persons," in the 46th section, as will include choir- 
 men, and such a meaning to the words, " other benefice or benefices," as 
 will include the offices held by the vicars. 
 
 Now, we have had » good deal of learning expended in the argument 
 of this case, on the definition of these terms: but it appears to me un- 
 necessary to go beyond the glossary clause of the Irish Church Act in 
 order to arrive at the intention of the framers of this Act in regard to 
 this matter. 
 
 ' It seems to me that in respect to the two terms of which, for the 
 purpose of construing this 46th section, we require a definition, the 
 terms namely, "ecclesiastical person" and " benefice," it was the inten- 
 tion of the legislature to give to them the widest and most extensive 
 signification. 
 
 Ecclesiastical person is defined to be a person holding a benefice or 
 cathedral preferment as hereinafter defined; "cathedral preferment" 
 includes in its definition the very word "choirmen," by which the 
 appellants are called in their original charter of incorporation, and which, 
 I think I heard yesterday was peculiar to Christ Church Cathedral. 
 
 I think therefore, it is indisputable that these choirmen are " ecclesi- 
 astical persons," within the meaning of the Act. 
 
 Is then the office, to which they have lost, by the passing of this Act, 
 
144 Decisions under The Irish church acts. 
 
 their right of succession, one that comes within the designation of 
 "benefice"? 
 
 I observe in the original charter that the corporation is called that of 
 the " vicars and choirmen of Christ Church." The official is, therefore, 
 a vicar, and I take it, whatever may be the technical or popular meaning 
 of the word, his office must be a vicarage. Well, if this be so, we have 
 the actual word included in the definition given in the glossary of the 
 term "benefice." 
 
 I am of opinion, therefore, that these choirmen are ecclesiastical per- 
 sons, that they had a, right of succession to the vicars, and that the 
 vicarages are "benefices" within the meaning of the Act. The appeal 
 must be therefore allowed and compensation awarded to them. 
 
 Mr. Justice Lawson, in expressing his concurrence in the decision, 
 remarked that it might seem strange to call these choirmen ecclesiastical 
 persons ; but from the glossary it was evident they were so. It was also 
 clear that the vicar-choralships to which they had established their right 
 to succeed to, must be regarded as benefices within the meaning of the 
 Act. The amount of compensation to be given would be a matter for 
 the actuaries to decide. 
 
 An application for costs was allowed. 
 
 Position of Diocesan Architects (heard by Viscount Monck 
 and Mr. Justice Lawson, the 22nd December, 1870). 
 
 In re J. Rawson Carroll, Esq. 
 
 Mr. Pilhington, q.c., appeared on behalf of the claimant, who is archi- 
 tect of the united diocese of Kilmore, Elphin and Ardagh. He claimed 
 an annuity under the 16th section of the Act, having been appointed 
 under' deed from the Bishop of the diocese in 1868, and having been paid 
 according to a scale fixed by the Bishop. 
 
 The Commissioners held that this claim did not come within the 16th 
 section. The claimant discharged his duties in the ordinary way, and 
 was paid in the same manner as any other architect would be paid. The 
 claim was, therefore, disallowed. 
 
 Position op Diocesan Registrars (heard by Viscount Monck 
 and Mr. Justice Lawson, the 22nd December, 1870). 
 
 In re James E. Nesbitt, Registrar of Derry and Raphoe, and 
 Messrs. Thomas Kough and Thomas Kough, junior, joint 
 Registrars of Ossory, Ferns, and Leighlin. 
 
 Mr. Pilhington, q.c., and Dr. Todd, q.c, appeared for appellants. 
 
 In this case Mr. Nesbitt, who is joint Registrar of the Diocese of Derry 
 and Baphoe, claimed right of survivorship to emoluments of Registrar of 
 Raphoe, under 27 & 28 Vic, c. 54. On the 30th November Mr. Justice 
 Lawson made an order allowing a claim for £421 10s., being the average 
 of fees received for three years as Registrar of Derry, and disallowed the 
 claim to right of succession ; but since that order was made Mr. Fenwick 
 who had acted conjointly with claimant, had died. 
 
 _ Thomas Kough, esq., and Thomas Kough, esq., junior, also claimed 
 right of survivorship as joint Registrars of the Diocese of Ossory, Ferns, 
 and Leighlin, inasmuch as they held office by patent. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 145 
 
 Judgment having been reserved, was delivered on 3rd February, 1871, 
 as follows: — 
 
 Mr. Justice Lawson, in delivering judgment, said — In this case an 
 important question has been argued before us, as to the rights of registrars 
 under the 45th section of the Irish Church Act. That section, in sub- 
 stance, provides that we are to ascertain the fees or other emoluments 
 received by each registrar or joint-registrar of any diocese, or united 
 diocese, on an average for the three years ending the 1st of January, 
 1869, and to pay to such registrar during his life an annuity equal to the 
 average amount of his fees and other emoluments ascertained as aforesaid. 
 The facts upon which the present question arises are these: Mr. Nesbitt 
 was registrar of Derry, doing the duty of that office in person, and 
 receiving its fees and emoluments at the passing of the Act. Mr. Fenwick 
 was registrar of Raphoe, doing the duty by a deputy, Mr. Wilson. 
 Under these circumstances, three claims were lodged in the office— Mr. 
 Nesbitt claimed an annuity of £421 10s., being the average of the fees 
 and emoluments received by him for the three years ending the 1 st of 
 January, 1869. He also claimed to be entitled to a life annuity of 
 i>86 14s. 6d. after the death of Mr. Fenwick, in the event of his surviving 
 him. Mr. Fenwick made a similar claim. He claimed a present annuity 
 of £86 14s. 6<£., and a deferred annuity of £421 10s., from the death 
 of Mr. Nesbitt in the event of his surviving him. The third claim was 
 that of Mr. Wilson, the deputy of Mr. Fenwick, who had held that office 
 for forty years, receiving half the fees, and he was clearly entitled to 
 compensation under the subsequent part of the clause, such compensation 
 to be deducted from the amount payable to his principal. Those claims 
 having come before me I ruled that the claimants were entitled to the 
 present annuities, but were not entitled to the deferred annuities. Mr. 
 Fenwick died in the month of November, and, therefore, Mr. Nesbitt sent 
 in a further claim, in which he says— "I submit that by the Ecclesiastical 
 Courts and Registries Act the surviving registrar has to perform all the 
 duties of the office, and is entitled to receive all the fees ; also that by the 
 18th section of this Act a deputy registrar cannot execute the duties of 
 a registrar after the decease of his principal. Under the provisions of 
 this statute I am, therefore, entitled to discharge duties in person for both 
 dioceses, and to receive all the fees, so that Mr. Wilson's powers, as 
 deputy registrar to Mr. Fenwick, cease, as he was his principal, and I do 
 not require the services of a deputy registrar, even if I had the power to 
 appoint him;" so that in effect Mr. Nesbitt's claim is to have the annuity 
 to which Mr. Fenwick was declared to be entitled, in addition to his own, 
 discharged of all right of Mr. Wilson, the deputy, to compensation, and, 
 of course, if his claim be well founded in point of law he must succeed, 
 no matter how unreasonable it may seem. Well, then, in the first instance, 
 it is perfectly clear that this point cannot be affected by the accident of 
 Mr. Fenwick's death. The registrars had a right to have their annuities 
 ascertained upon the passing of the Act. Their status must be ascertained 
 as at that date, and the question comes back to that raised by the first 
 claim, was Mr. Nesbitt entitled to one deferred annuity from the death 
 of Mr. Fenwick ? In order to determine that question we must consider 
 the 45th section of the Irish Church Act, in connexion with the Ecclesi- 
 astical Courts and Registries Act (27 & 28 Vic. c. 54). The object of 
 the last Act was to consolidate and unite these diocesan courts and 
 registries. 
 
 it accordingly enacts that the Diocesan court and registry of Raphoe 
 shall be united to that of Derry, and that the registrar of the diocese of 
 Raphoe and the registrar of the diocese of Derry shall be the joint regis- 
 
 L 
 
146 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 trars of the united dioceses of Derry and Raphoe. The 15th section pro- 
 vides that each of the joint registrars of a united registry shall continue 
 to discharge his duties as registrar in the diocese of which he is registrar 
 at the time of the passing of this Act, and to receive, subject to the rules 
 and orders, the fees and official emoluments arising therefrom. The 1 6th 
 .section provides that upon the death or resignation of one or more of such 
 joint registrars, the surviving registrar shall perform all the duties, and 
 receive the fees and official emoluments belonging to the office of registrar 
 or joint registrar of the united diocese. The result of this legislation was 
 that during the three years mentioned in the Irish Church Act, the 
 duties of each office were discharged separately and independently by 
 Mr. Nesbitt and Mr. Fenwick, and the fees of each office were received 
 by the officer who did the duty, the other joint registrar having no claim 
 upon them. They were joint registrars in the sense that the survivor 
 would be entitled to succeed to the office, doing its duties and receiving 
 its emoluments. The Irish Church Act, then, abolishes all those offices 
 from the 1st January, 1871, for by the 21st sec. the jurisdiction of these 
 courts is abolished, and the Act 27 & 28 Vic, c. 54, is from this day 
 repealed. The 45th sec. then gives compensation for the abolition of the 
 office in the form of an annuity, calculated upon the fees received for the 
 three years ending 1st January, 1869, and to cover the time between the 
 passing of the Act and the 1st of January, 1871, it directs the Commis- 
 sioners to pay to the registrars any fees which they might be actually 
 deprived of during the interval by the operation of the Act. There is 
 nothing in the Act about a deferred or contingent annuity. No right of 
 succession is recognised. A present annuity only can be given, and the 
 language of the Act seems very plainly to show how that annuity is to be 
 calculated. We are to ascertain the fees received by the officer, and pay 
 an annuity equal to the average amount of his fees and other emoluments 
 ascertained as aforesaid. We now turn to the 15th section of the 27 & 
 28 Vic, c. 54, and we find that the fees and emoluments which he was 
 entitled to receive were the fees and emoluments arising from the registrar- 
 ship of the diocese of Derry. How can we spell out from this section an 
 intention that each registrar should have a right not only to the fees of 
 his own office, but that they should mutually have a right to the fees of 
 the office held by the other. The Act abolishes the offices, and therefore 
 destroys the right of succession, except during the interval between the 
 passing of the Act and the 1st January, 1871, and the provision for 
 securing the officer from loss during that interval, has a very important 
 bearing upon the case. The right to succeed to the emoluments of the 
 other office, given by the 16th section of the 27 & 28 Vic, c. 54, is given 
 as a consideration for the performance of its duties ; but as the duties 
 cease after the 1st of January, 1871, how can there be any right of suc- 
 cession ? It falls with the office, and the Irish Church Act gives no com- 
 pensation for the abolition of that right of succession in this case, although 
 under the 46 th section other rights of succession are expressly directed to 
 be made the subject of compensation. If all these numerous rights of 
 succession in registrars and vicars-general were to be compensated for, the 
 Act should and would have contained an express provision to that effect. 
 There is no such provision, and we are not at liberty to imply it. It was 
 strongly argued for Mr. Nesbitt that it could not have been the intention 
 of the Legislature to do so unjust a thing as to deprive him of his vested 
 right without compensation. Such an argument cannot weigh with us, 
 who have only to expound the meaning of the Act ; but in this case it is 
 of very little weight indeed. Those who were familiar with the mode in 
 which the Legislature dealt with persons whose offices were abolished, 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 147- 
 
 must be aware how very rarely the holders of such offices receive anything 
 approaching to the full amount of the actual receipts of the office from 
 the duties of which they were relieved. Here the Legislature had re- 
 lieved the registrars from their duties, and had given them an annuity 
 equal to their actual -receipts at the time of the passing of. the Act, un- 
 clogged by any obligation to continuous duty, as in the case of rectors 
 and curates, and may be supposed to have considered that quite sufficient, 
 without providing compensation for prospective increase in the value of 
 the office. Upon that we are not called upon to offer any opinion. It 
 is enough to say that we think that, according to the true construction 
 of this Act, the only compensation we can give is a present annuity cal- 
 culated upon the actual receipts of the office held at the passing of the 
 Act, and in respect of which the claim is made. 
 
 Lord Monck concurred. He said that until he had looked carefully 
 into the case he was inclined to take a view different to that of Mr. 
 Justice Lawson. The difficulty arose as to the confusion of terms in the 
 treatment of the case, as if each of these gentlemen had a joint tenancy in 
 the office. He thought the clause read by Mr. Justice Lawson proved 
 that such was not the case. ' They had a, right of succession to perform 
 certain duties, in respect of which they were to receive certain fees. By 
 the Act, however, these duties have been abolished, and there could not 
 be a right of succession to anything that was abolished. They could not 
 perform the duties, and without performing them they could not receive 
 the fees; hence, the terms "joint tenancy" and "right of succession" 
 were rather misapplied. That portion of the case, then, being disposed of, 
 it seemed easy to get over the difficulty of applying the clause of the Irish 
 Church Act. 
 
 Mr. Pilkington and Dr. Todd applied for costs. 
 
 The Court thought the claim to have the whole of the annuity dis- 
 charged of any claim of Mr. Wilson, the deputy, was most unreasonable, 
 and refused the costs. 
 
 In re the Messrs. Rough. 
 
 Mr. Justice Lawson delivered judgment in this appeal. He said the 
 case of the Messrs. Kough was quite different from that of Mr. Nesbitt. 
 They held their office of Registrar of Ferns and Leighlin by patent, grant- 
 ing it to them and the survivor of them. They subsequently succeeded 
 to the office in Ossory diocese, and at the passing of the Irish Church Act 
 they were jointly in receipt of the fees and emoluments of the registrarship 
 in each of these dioceses. Their annuity was, therefore, to be calculated 
 upon the average of their actual receipts from all three. Thus the annuity 
 payable to the holder of the office was ascertained. The grant of the 
 annuity must follow the tenure of the office, and must be payable to them 
 and the survivor of them. The appellants should be allowed their eosts_ 
 
 Bight of Incumbents to recover Arrears of Tithe Rent- 
 charge after 1st January, 1871 (heard by the Hon. C. J. 
 Trench, q.c, Chairman of Dublin County Quarter Sessions, 
 at Kilmainham Court-house, the 24th June, 1871). 
 
 Tomlinson v. Barnwell. 
 
 The plaintiff in this case, the Rev. Thomas Tomlinson, of Montpelier- 
 hill Vicar of St. James's Parish, Dublin, claimed under the SSth section 
 of ''The Irish Church Act, 1869," from the Defendant, who was a 
 
148 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 grocer, residing at Richmond, a sum of £2 5s., being four years' tithe 
 rent-charge at 11*. 3d. per annum (which appeared by the applotment 
 book to be charged upon, and payable out of, the lands known as The 
 Orchard, at Kilmainham, in the Parish of St. James, Diocese of Dublin), 
 up to the 1st of November, 1 870, that being the last gale day which Mr. 
 Tomlinson was entitled to collect, as the May gale of 1871 was vested in 
 the Commissioners of Church Temporalities in Ireland by that Act. It 
 also appeared that the Commissioners had refused to allow the Plaintiff 
 this amount of rent-charge in estimating his annuity under the 14th 
 section of "The Irish Church Act," unless he succeeded in recovering 
 the same. 
 
 Mr. William .BZoom/5eZd appeared for the Plaintiff; Mr. Fitzgerald for 
 the Defendant. 
 
 The Defendant denied his liability on the ground that he had never 
 paid a shilling tithe rent-charge, though in possession for fifteen years, 
 and holding under a fee-farm grant. To this it was replied that the 
 former vicar, being an indulgent and easy man, never claimed the sum, 
 though legally entitled to it, and that the Rev. Mr. Tomlinson, though 
 vicar of the parish for four years, had not insisted on payment, for 
 similar reasons, nor would he now have done so were it not that, in 
 conformity with the Irish Church Act, his future annuity was to a cer- 
 tain extent to be regulated by the returns supplied to the Commissioners 
 as to the income to which he was hitherto entitled. Under these cir- 
 cumstances he brought the present action for the sum due up to the gale 
 day preceding 1st January, 1871, that being the date that "The Irish 
 Church Act" came into operation. 
 
 The Chairman granted a decree for the amount claimed. 
 
 Decision by Privy Council as to General Rules for the 
 Payment op Annuitants * (heard by the Judicial Committee 
 of the Privy Council in the Council Chamber, Dublin Castle, 
 the 20th June, 1871). 
 
 Curates v. Representative Church Body. 
 
 -The following were the members of the Privy Council who composed 
 the Judicial Committee, viz. : — 
 
 Chairman, Eight Hon. Sir Frederick Shaw, bart. ; Right Hon. 
 Mr. Justice Fitzgerald, Right Hon. Judge Keatinge, Right Hon. 
 the Master of the Rolls, Right Hon. the Lord Bishop of Meath, 
 Right Hon. C. R. Barry (Attorney-General). 
 
 Mr. May, q.c, and Mr. Edward Gibson, instructed by Mr. Aquila 
 M'Mahon, solicitor, appeared on behalf of the curates, and Mr. Pilhing- 
 ton, q.c, instructed by Mr. John Maunsell, solicitor, appeared for the 
 Representative Church Body. 
 
 The Bishop of Meath said that, being a member of the Representa- 
 tive Church Body, he would take no part in the proceedings. 
 
 A discussion arose as to the course to be pursued by the Privy Council, 
 a difficulty having arisen, in consequence of only five members of the 
 Council being present, the 8th section of the Irish Church Act, which 
 gave them jurisdiction, requiring that six members should be present, 
 and should sign any order to be made. 
 
 Mr. May, q.c, said it was most desirable to have the question finally 
 settled before the 1st of July, as on that day the first gale of annuities 
 would become payable. 
 
 * See Rules, post, page 165. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 149 
 
 The Committee then decided upon hearing the matter argued by 
 counsel, and afterwards communicating with the Lord Lieutenant. His 
 Excellency subsequently sat for a few minutes with the Committee, and 
 thus removed any difficulty that might exist on that point. 
 
 Mr. May, q.c, then proceeded to state the case of the curates, and 
 said that the question arose under the 8th section of the Irish Church 
 Act, which gave power to the Commissioners of Church Temporalities 
 in Ireland to make general rules. That section declared that the rules 
 so made should be laid before the Privy Council, and that it should be 
 lawful for the Council, by an order signed by six of them, to confirm or 
 disallow, or alter or amend, any such rules, or remit them back to the 
 Commissioners for further consideration. He represented the permanent 
 curates, who were entitled to annuities under the 15th section of the 
 Act. The curates were divided into two classes, viz., those who were 
 called permanent curates, and those of a different description, who were 
 supposed to be temporary. The word " permanent " did not mean that 
 the curate was permanently attached or fixed to any incumbency, but 
 that at the time of the passing of the Act he had been duly nominated 
 by an incumbent, licensed by a bishop, and thus had the status of a curate. 
 In the interval between the 1st of January, 1 869, and the 1st of January, 
 1871, a great many incumbents who previously had no curates, appointed 
 curates; and the Commissioners regarding these as permanent curates 
 awarded them annuities under the 1 5th section of the Act. What he 
 submitted on behalf of permanent curates Vas, that when once they had 
 been awarded their life annuities by the Commissioners, they were en- 
 titled to receive them so long as they discharged the particular duties 
 of the curacies under the incumbents with whom they had contracted 
 engagements at time of appointment ; but that, upon the death or removal 
 of those incumbents, it thereupon became impossible for them any longer 
 to discharge those particular duties. In that case they should still be 
 entitled to their annuities, because it could not be then said that their 
 not discharging their duties arose from "wilful default" on their part, 
 which was a circumstance to which the Act annexed forfeiture of the 
 annuity. If this were not so, an annuitant might be obliged to perform 
 duties under an incoming incumbent with whom he could not agree, or 
 of whose doctrines he disapproved, without being allowed anything 
 beyond his annuity. His case would be worse than that of the tem- 
 porary curate, who was given a gratuity ranging from £200 to £600, 
 and who in addition might make a fresh engagement for the perfor- 
 mance of spiritual duties at a suitable income. Therefore to hold that, 
 after the death or removal of his incumbent, the curate was to be liable 
 to the performance of duties of some kind or other which the Represen- 
 tative Church Body were to impose on him in order to entitle him to his 
 annuity would be to make a distinction entirely to his prejudice as com- 
 pared with the temporary curate. 
 
 The rule which it was sought to have modified was as follows : — "In 
 order to entitle an annuitant under the 15th section to the first and each 
 succeeding half-yearly gale of said annuity, he shall be bound to furnish 
 to the Commissioners a certificate signed on behalf of the Representative 
 Church Body to the effect following: — 'That he continues to discharge 
 the duties of the curacy in respect of which the annuity was granted, or 
 other spiritual duties in Ireland, which, with his own consent, and the 
 consent of the Representative Church Body, have been substituted for 
 them ; or, if not discharging such duties, that he has been disabled from 
 so doino- by age, sickness, or permanent infirmity, or any cause other 
 than his' own wilful default.' " What he asked the Council to do was to 
 
150 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 insert into that rule some language to the effect that the duties of the 
 curacy in respect of which the annuity was granted terminated by the 
 avoidance of the benefice in respect of which the annuitant was curate 
 at the time of his appointment. The curates thought it would be suffi- 
 cient to be obliged to discharge duties during the lifetime of their 
 original incumbents ; and then they could enter into fresh engagements, 
 retaining, at the same time, their annuities, which had been, he sub- 
 mitted, granted to them by Parliament, as much by way of compensation 
 for the deprivation of vested interests and the disappointment of future 
 expectations as for anything else. They objected to being placed in such a 
 position as that they would be the servants of the Representative Church 
 Body, and liable to do duty for them gratis. 
 
 Mr. Pilkington, q.c, said he appeared for the Representative Church 
 Body, and that they were satisfied with the alterations which had been 
 made in the rules since January last by the law officers of the Crown. 
 As he understood the argument of his learned friend, Mr. May, it was 
 that permanent curates, in case of the death of their incumbents, should 
 be held to be entitled to receive their annuities without doing any duty 
 from thenceforward. He submitted that the fair construction of the 
 Act was that the Legislature intended that duty should be performed for 
 the annuity, unless in the cases specially excepted in the rule, namely — 
 where the party was disabled by age, sickness, permanent infirmity, or 
 any cause other than his own wilful default. It was now sought by 
 counsel on the other side to interpolate in the statute something that 
 would permit the substitution of duties during the lifetime of the original 
 incumbent, but only during his lifetime, and, of course, with the consent 
 of the curate and the Representative Church Body. That, he contended, 
 was not the intention of the Legislature. He thought that the annuity 
 was limited to the curate only so long as he discharged either his original 
 or his substituted duties, and that the substitution of duties was not to 
 be confined to the lifetime of the incumbent. The Act of Parliament 
 placed both the Representative Church Body and the curate upon an 
 equality. The Representative Church Body had not power to appoint 
 a curate to a particular parish without his consent, or to say that he 
 must remain in a parish the rector of which had died. The Act placed 
 them in such a position as that each party had power to enter into a new 
 engagement. It was the interest of both, and especially of the Repre- 
 sentative Church Body, that they should agree, because otherwise the 
 value of the annuity would be lost. His construction of the Act was, 
 that if the curate were to say, " I will do no duty," he would cease to 
 receive the annuity. If the Representative Church Body were not to 
 permit him to do duty, the curate might say that he was precluded from 
 doing duty by no wilful default pf his own. 
 
 Mr. Gibson replied, and strongly urged that, the Act of Parliament 
 being a compensating one, the curates should not have a condition not in 
 the spirit of its policy annexed, as to the payments of their annuities. 
 Counsel also urged that the Privy Council should determine the ques- 
 tion here raised, so as not to leave men of limited incomes, like the great 
 body of the curates, to such an expensive mode of solving it as an appli- 
 cation to the Queen's Bench for a mandamus calling on the Representa- 
 tive Church Body to show cause why they did not grant a certificate. 
 
 The Attorney- General stated that the law officers of the Crown settled 
 the rules in their present form in February last, but the action of the 
 Privy Council was suspended in deference to the wishes of parties who 
 were largely interested in the matter. 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 151 
 
 At the request of Judge Keatinge, — 
 
 Mr. May, q.c, submitted a written amendment to the effect that the 
 last clause of the rule should be modified as follows : — 
 
 " Or if not discharging such duties that he has been disabled or pre- 
 vented from doing so by age, sickness, permanent infirmity, avoidance 
 of the benefice, or other cause specified, without his own wilful default." 
 
 The members of the Committee having consulted together, — 
 Sir Frederick Seiaw, in delivering the decision of the committee, said 
 that it would be their duty to report to the Council the amendments they 
 intended to make in the rules, but, in the meantime, he would state that 
 the Committee could not adopt the view argued for by the counsel on 
 behalf of the curates, that the avoidance of the incumbency by death, or 
 resignation, or exchange, operated as contended for, to release the curate 
 from the obligation of further duty. But they proposed to make such 
 an alteration in the rules as would ensure to the curates that the Repre- 
 sentative Church Body should either give a certificate or specify their 
 reasons for withholding it. The matter would go back to the Commis- 
 sioners, and would be reported to the Privy Council in due form. 
 
 Mr. Pilkington, q.c, said he was sure the Representative Church 
 Body would not have the slightest objection to specifying grounds for 
 withholding their certificate in any case. 
 
 Disabled Incumbents exempt from Duty under certain Cir- 
 cumstances. 
 
 In re the Reverend R. H. Graves, d.d., Appellant, and the 
 Representative Church Body, Respondents (heard by Viscount 
 Monck, Mr. Justice Lawson, and The Master of the Rolls, 
 on the 9th of January, 1875). 
 
 The appellant in this case was incumbent of the benefice of Brigown, 
 in the diocese of Cloyne, to which he was appointed in 1832, and there- 
 fore exempt from the provisions of the Church Temporalities Act of 
 1833 (which established the Ecclesiastical Commissioners, and authorized 
 the levy of ecclesiastical tax on the net income of the clergy). The 
 appellant held an annuity under the 14th Section of " The Irish Church 
 Act, 1 869," and the question substantially raised by him was whether 
 the respondents were justified in having refused to certify that appellant 
 was entitled to the payment of his annuity. 
 
 Mr. W. D. Andrews, q.c, appeared for the appellant, and Mr. H. M. 
 Pilkington, q.c., for the respondents. 
 
 Mr. Andrews, in his opening statement, said : — The mode in which this 
 case comes before the Court is in the shape of an application for an order 
 to pay a half-year's salary to Rev. Dr. Graves, notwithstanding the 
 course taken by the Representative Church Body. The reason of the 
 Representative OhurchBody for withholding the certificate that Dr. Graves 
 is entitled to his half-year's annuity is, " The Representative Church Body 
 cannot certify that the Rev. R. H. Graves, d.d., has performed his duties 
 pursuant to the 14th sec. of the Irish Church Act, 1869, and the general 
 rules of the Commissioners of Church Temporalities in Ireland, for the 
 half-year ending 31st December, 1874, inasmuch as although Dr. Graves 
 is not able, in consequence of age and infirmity, personally to discharge all 
 the duties of incumbent of Brigown ; yet the said Dr. Graves having an 
 annuity as such incumbent of ,£687 6*. 8d., has not discharged since 
 
152 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 14th March, 1874, and does not discharge the duty of providing for the 
 performance of Divine Service by the agency of a curate, but, on the 
 contrary, refuses so to do, whereas the duty of employing a curate under 
 such circumstances was the law of the Church of Ireland before the 
 passing of the Irish Church Act, and is now binding on him by the 20th 
 section." Dr. Graves was appointed to his living in 1832. The Act 
 imposing taxes on the clergy, already cited, did not receive the royal 
 assent till 1833, consequently Dr. Graves could not be one of those 
 asked to pay tax ; he is still holding that incumbency to which he was 
 appointed in 1832 and no "deduction for'curate's salary" was ever made, 
 Judge Lawson — The only thing that could be done was, that the 
 bishop could make him appoint a curate, under the old law, I mean. 
 
 Mr. Andrews — The order by which Dr. Graves' annuity is declared is 
 dated 1st September, 1870, and it became, and is now, an absolute order 
 and in the schedule annexed thereto we find no deduction made for 
 salary of curate. 
 
 Master of the Rolls — You contend that Dr. Graves got his annuity 
 free? 
 
 Mr. Andrews — Yes; Dr. Graves was entitled to have the whole of his 
 declared annuity go into his own pocket ; for at the time of the passing 
 of the Irish Church Act there was a curate in Brigown — that gentleman 
 was the Rev. Courtenay Moore. His position was determined under the 
 1 5th section to be that of a permanent curate, and he was awarded as 
 such an annuity of £140, which was in no shape deducted from Dr. 
 Graves' annuity. Mr. Moore is still in receipt of his £140 a year. 
 The Representative Body thought fit to let Mr. Moore go to another 
 parish, and Dr. Graves' could not prevent his so doing ; for your Lord- 
 ships know that Dr. Graves had no veto on Mr. Moore, for he would 
 only have it if Mr. Moore's annuity were deducted from his (Dr. Graves') 
 annuity. It all depended on the Representative Body. Dr. Graves 
 being powerless to prevent the change, though opposed to it, was by 
 such change left without a curate. 
 
 Viscount Monck — When did the change take place ? 
 Mr. Pilhington — In 1871. 
 
 Master op the Rolls — Was Mr. Moore in Brigown parish at the 
 passing of the Act ? 
 Mr. Andrews— Yes. 
 
 , Master or the Rolls— And they now want you to pay for a curate? 
 Judge Lawson — Mr. Moore being declared a permanent curate 
 shows that the parish wanted a curate. 
 
 Master of the Rolls — Dr. Graves would have Mr. Moore yet if the 
 Representative Body did not consent ? 
 Mr. Andrews — He would. 
 
 Master of the Rolls — The question then is, let Dr. Graves get his 
 annuity, and let the Representative Body go against him by the 20th 
 section. The 14th section gives it to him point blank ; I do not see 
 what doubt can be about it. Of course I take it for granted that 
 Dr. Graves is disabled. 
 Mr. Pilhington — We admit that. 
 
 Master of the Rolls — It is not in the power of the Representative 
 Body to do anything to him prima facie. 
 
 Mr. Andrews — The Representative Body in giving their reason for 
 withholding the certificate, rely upon the 20th section of the Act. They, 
 I think, fall into the mistake of supposing that the duties mentioned in the 
 14 th section are not such duties as a man may be unable to perform 
 owing to disability, but that they go out into the whole scope of 
 
DECISIONS UNDER THE IRISH CHURCH ACTS. 153 
 
 ecclesiastical law ; and having taken this view of the case, the Represen- 
 tative Body, without a trial, set about punishing Dr. Graves by having 
 his whole salary stopped. What does the 20th section say ? It provides 
 i hat the ecclesiastical law of Ireland, at the time of the passing of the 
 Act, shall continue to affect the members of the Church by way of 
 contract, and therefore they are just in the position of Nonconformists, 
 viz., certain rules are agreed to, which each member is bound by, and if 
 any question arises as to the enforcement of them, such question is to be 
 settled by the temporal courts, not by the Representative Body or this 
 tribunal. Dr. Graves further maintains, that even before the passing 
 of the Irish Church Act, 1869, he was not bound to pay a curate. 
 Dr. Graves employed a curate (Mr. Best) from the time of the removal 
 of Mr. Moore till the Hth March last (1874); but I prefer saying 
 nothing with respect to this until I hear what my learned friend says on 
 the subject. 
 
 Mr. Piikington — What the Representative Body did was, they put 
 upon the paper referred to. the fact that Dr. Graves was disabled, but 
 that they could not, nevertheless, say that Dr. Graves discharged the 
 duties incumbent on him of appointing and paying a curate to officiate 
 •in the parish. Dr. Graves, from 1853, employed two curates. Mr. 
 Moore was one of the two. From 1871, also, to the Hth March, 1874, 
 the duties were discharged by Mr. Best. On that day (Hth March) 
 Dr. Graves, closed the church, and it has been closed ever since ; and 
 there was no possibility of having it opened, for Dr. Graves objected to 
 the payment of a curate, as the parish would not join him, as he wanted, 
 in his attempts at getting the prayer-book revised. 
 
 (Mr. Piikington here read two letters from Dr. Graves to the Bishop 
 of Cork, in which Dr. Graves stated that upon conscientious grounds 
 he could not pay a curate, as steps were not taken to purge the Prayer 
 Book from certain errors.) 
 Mastek of the Rolls — Of course, I can understand. 
 Mr. Piikington — The question is, is Dr. Graves entitled to say, '' I 
 receive my annuity and close my church" ? 
 
 Master or the Rolls — Oh, not closing his church; but if he is 
 disabled, you may, if you like, provide a curate for it. 
 
 Mr. Piikington — He is unable to officiate ; but I think that the appoint- 
 ment of a curate, and the paying of one, which duty he is able to 
 discharge, is as much imposed upon him as any other duty. The duty 
 of employing a curate was undoubted at the passing of the Iiish Church 
 Act, and it was made binding by the 20th section. 
 
 Viscount Monck — Could not the bishop, under the 20th section, put 
 the temporal courts against him ? 
 
 Mr. Piikington — Well, I think that is an extremely difficult question ; 
 this would be the first case. 
 
 Master of the Rolls — There may be difficulty, but there is no doubt 
 the temporal courts are the thing. 
 
 Judge Lawson — All you could do is to stop the whole of his annuity. 
 Mr. Piikington argued that the appointment and paying of a curate 
 was a ''spiritual" duty which Dr. Graves, though not disabled from 
 performing, failed to do. 
 
 Mastek cf the Rolls — Supposing Dr. Graves' infirmity was of such 
 a character that he could not write, or that he had no consciousness to 
 act, what would you say then ? 
 
 Mr. Piikington— The case does not arise. 
 Master of the Rolls — Oh, well, this at once tests the Act. 
 Mr. Piikington — I think the bishop could appoint a curate then. 
 
 M 
 
154 DECISIONS UNDER THE IRISH CHURCH ACTS. 
 
 Master of the Rolls — The second clause of section 14 says, |'_Any 
 other spiritual duty." Do you call the appointing of a curate a spiritual 
 ■duty? 
 
 Mr. Pilkinglon— Tes. I refer you to 5 Geo. IV. c. 91, s. 49, and we find, 
 " When an incumbent is disabled from mental or bodily infirmity, it 
 is the duty of the bishop to require him to appoint a curate." 
 
 Master or the Rolls — The 14th section of the Irish Church Act 
 refers to the incumbent's own person, until he is disabled. 
 
 Mr. Pilhington went on to say: The bishop in this case has gone as far 
 as he can go, and your Lordships will plaice the Church at large in a 
 very peculiar position if you decide in favour of Dr. Graves. 
 
 Viscount Monck — Is it not quite plain that the bishop can in return 
 go to the temporal courts. If everything a bishop calls upon an incum- 
 bent to do must be obeyed, what is the use of the 20th section ? 
 
 Mr. PiJhington — I hope your Lordships will not give such a decision 
 as will prevent us taking further steps . 
 
 The Master ov the Rolls, in delivering the judgment of the Court, 
 said : — The 14th section enacts as follows : — " The Commissioners shall 
 
 . . . ascertain and declare by order the amount of yearly income of 
 which the holder of any archbishopric, bishopric, benefice, &c. . . .- 
 connected with the said church shall be deprived .... and shall 
 pay every year to every such holder so long as he lives and continues 
 to discharge such duties in respect of his said archbishopric, bishopric, 
 benefice, &c. . . . or any other spiritual duties in Ireland which may- 
 be substituted for them . . . or if not discharging such duties, shall 
 be disabled from so doing by age, sickness, or permanent infirmity, or by 
 any cause other than his own wilful default, an annuity equal to the 
 amount of yearly income so ascertained as aforesaid, &c." Now, these 
 words are to receive the ordinary construction. And these words are 
 mandatory, "They shall pay." There are three events in which payment 
 shall be made : First, if he discharge the duties which he was discharging 
 at the passing of the Act. Second, if he discharge any other spiritual 
 duties in Ireland with his own consent and that of the Church Body. 
 The word " spiritual " occurring is very important, and it is scarcely 
 possible to think that the duty of appointing a curate would be a 
 spiritual duty. Third. ''Or if not discharging such duties, shall be 
 disabled," &c, Now, I cannot conceive what the use of adding these 
 words is, if Mr. Pilkingtonis right. I take this section to mean, that if 
 a man cannot discharge his duties in his own person by reason of age, 
 sickness, or permanent infirmity, he is to get his annuity. 
 
 (The Master of the Rolls here referred to the general rules of the 
 Commissioners transferring with approval of Frivy Council to the 
 Representative Body, as being the most fit, the power of saying whether 
 an annuitant had (1) discharged the duties he was discharging at the 
 passing of the Act, or (2) had discharged duties substituted for them, 
 or (3) was disabled, &c.) Ancl he continued : 
 
 The Commissioners thought that it would be a very proper thing if 
 they could get evidence from so fit a Body as the Representative Church 
 Body, that an annuitant was entitled to his annuity under one or other 
 of the three heads referred to. But it occurred to several members of 
 the Privy Council that it was very questionable whether an annuitant 
 could be at all embarrassed by any certificate, the words of the 14th 
 section being absolutely mandatory. We think, therefore, that thr 
 certificate entitling him to his annuity should be granted to Dr. Graves ; 
 but thisdecision leaves untouched the right of the Representative Church 
 Body to proceed against him in the temporal courts. The 20th section 
 
DECISIONS UNDER THE IBISH CHUKCH ACTS, 155 
 
 says, "That the present ecclesiastical law of Ireland and the present 
 Articles . . . discipline, &c, shall be deemed to be binding on the 
 members for the time being thereof in the same manner as if such 
 members had mutually contracted and agreed to abide by and observe 
 the same, &c." I do not suppose Dr. Graves would refuse to pay a 
 curate but for his crotchet about Revision. It may be that he will take 
 very little by our decision. We do not give any opinion of the 20th 
 section. If Dr. Graves was bound by the ecclesiastical law to pay a 
 curate, it is strange to me if he can't be compelled in the temporal courts 
 to pay a curate. We think that under the 14th section the appointment 
 of a curate is not a spiritual duty, and that Dr. Graves is entitled to 
 . payment of his annuity. 
 
 Viscount Monck and Mr. Justice Lawson both concurred in this 
 judgment. 
 
[ 157 ] 
 
 Paet IV. 
 
 GENERAL RULES, INSTRUCTIONS, 
 
 AND FORMS 
 
 UNDER 
 
 THE IRISH CHURCH ACTS, &c. 
 
 CONTENTS. 
 
 Section 1. 
 
 Page 
 General Rules and Orders of the Commissioners of Church 
 Temporalities in Ireland — 
 
 I. Rules and Forms as to General Procedure, .... 159 
 II. Rules ' for Calculating Value of Perpetuities, and Value of 
 
 Life Interests, 163 
 
 III. Rules as to payment of Annuitants, 165 
 
 IV. Rules as to Arbitrations, 166 
 
 Section 2. 
 
 Chancery Order of the 28th July, 1871, as to Receivers of 
 Tithe Rent-charge, 167 
 
 Section 3. 
 
 Warrant appointing the Right Honorable Edward Sullivan, 
 Master of the Rolls, to be a member of the Tribunal con- 
 stituted under Section 2, of 35 & 36 Vic, cap. 90, . . 168 
 
 Section 4. 
 Charter and Rules of the Representative Church Body — 
 
 I. Charter of the Representative Church Body, . . . 169 
 
 II. Rules as to Commutation 173 
 
 III. Rules as to Glebes, 180 
 
 IV. Rules as to Burial Grounds, 183 
 
158 RULES AND ORDKRS UNDER THE IRISH CHURCH AC*. 
 
 Page 
 
 Section 5. 
 
 General Instructions of the Commissioners of Church Tem- 
 poralities in Ireland — 
 
 I. Sale of Perpetuities, 185 
 
 II. .Sale of Tithe Kent-charge, and Computation tables, . . 191 
 
 III. Sale of Perpetuity Rents, .'.'*. . . . . 195 
 
 IV. Sales of Yearly and other Tenures, and tables for Calculation 
 
 of terminable Annuities, &c, 197 
 
 Section 6. 
 
 Schedule of Forms of Conveyance, Mortgage, and General 
 Procedure — 
 
 No. 1 to 16. Conveyancing Forms, &c, 206 
 
 „ 17 to 42. Forms of Procedure under Compensation and Com- 
 mutation Clauses of "* f The Irish Church Act, 
 
 1869," 223 
 
 „ 43 to 48. Principal Forms of Procedure under Sales Clauses 
 
 of "The Irish Church Act, 1869," ... 240 
 
[ 159 1 
 GENERAL RULES, INSTRUCTIONS, 
 
 AND FORMS 
 
 UNDER 
 
 THE IRISH CHURCH ACTS, &c. 
 
 Section 1. 
 
 General Rules and Orders made by the Commissioners 
 of Church Temporalities in Ireland pursuant to 8th 
 Section of " The Irish Church Act, 1869." 
 
 I. Rules and Forms as to General Procedure. 
 
 Bated the 21st day- of October, 1869. 
 
 It is this day ordered by the Commissioners of Church Temporalities 
 in Ireland, that the following General Rules and Orders shall take 
 effect and be binding in relation to all proceedings to be hereafter 
 had or taken under and in pursuance of " The Irish Church Act, 
 1869," and particularly in relation to the proceedings to be had 
 under the provisions contained in sections 14, 15, 16, 18, 45, and 
 46 of said Act. 
 
 1. In the construction of these or any other General Rules made 
 by the said Commissioners, the words and expressions specified in 
 the 72nd section of the Act, and thereby interpreted, shall have 
 the meaning thereby assigned to them, unless there be something 
 in the subject or context of the Rules repugnant thereto : and when 
 time is to be computed by days, it shall be exclusive of Sundays, 
 and when it is to be computed by the month, it shall be construed 
 calendar month ; and in all cases it shall be exclusive of the first, 
 and inclusive of the last day, unless the last day be Sunday. 
 
 2. The Commissioners may adjourn their sittings from one day 
 to the next, or to any other day they may think expedient, having 
 regard to the state of their business and the public convenience, 
 but they may resume such sittings again for the despatch of business 
 on any day or days during the interval of any such adjournment, 
 should they find it necessary so to do. 
 
 3. Books shall be duly kept and daily entries made therein in 
 such form and by such officers and clerks as the Commissioners 
 may from time to time require. 
 
 4. The several claims and particulars in these Rules mentioned 
 shall be in the forms set forth in the annexed Schedule respectively 
 
 n2 
 
160 RUMS AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 applicable thereto, or as near as the circumstances will permit, and 
 every such claim and particulars shall be signed by the ecclesiastical 
 person or other claimant, and verified by his declaration in the 
 Form No. 15, also in said Schedule set forth. 
 
 5. Every such claim, statement, and particulars, and all notices 
 by ecclesiastical persons or other claimants, shall either be lodged 
 in the office of the Commissioners, situate at ISTo. 24, Upper 
 Merrion-street, or sent by post under covers directed to the said 
 Commissioners, at their office aforesaid. And all notices by the 
 Commissioners to ecclesiastical persons or other claimants may be 
 transmitted by post, addressed to such ecclesiastical person or other 
 claimant, at his last known place of abode. 
 
 6. The Commissioners shall, as soon as may be, cause to be 
 circulated by post, to every ecclesiastical person or other claimant 
 known to them, the form of application respectively applicable to 
 their several cases. And any other person desiring to prefer a 
 claim may obtain the same at the office of the Commissioners. 
 
 7. Within two months from the date hereof, every ecclesiastical 
 person, claiming to have his annuity ascertained under section 14 
 of the Act, shall make his claim in the Form No. 1, in the Schedule 
 hereto annexed, and the same shall be accompanied by a rent-roll or 
 particulars of the tithe rent-charge therein stated and such documents 
 in verification thereof as may be in the possession of the claimant. 
 
 8. Every person claiming to be a permanent curate, serving as 
 such at any time between the 1st day of January, 1869, and the 
 1st day of January, 1871, and claiming to have the amount of his 
 yearly income ascertained and declared under section 15 of the 
 Act, shall make his claim and furnish particulars in the Form 
 No. 2, annexed hereto. 
 
 9. Every person claiming to be a curate, but not entitled to 
 compensation as a permanent curate, and serving as suclrcurate 
 at any time between the 1st day of January, 1869, and the 1st 
 day of January, 1871, and claiming a gratuity for the loss of his 
 curacy, under section 15 of the Act, shall make his claim and state 
 the particulars thereof in the form No. 3, annexed hereto. 
 
 10. Within two months from the date hereof, every school- 
 master of any diocesan or district school in Ireland claiming under 
 section 1 6 of the Act, shall make his claim and furnish particulars 
 in the Form No. 4, in the Schedule hereto annexed. 
 
 11. Within two months from the date hereof, 'every clerk, 
 sexton, or other holder of a freehold office of a similar character, 
 or of any office held during good behaviour, which the Com- 
 missioners may think equal to a freehold office, connected with any 
 cathedral, parish, chapelry, or chapel of ease in Ireland, claiming 
 under the 16th section of the Act, shall make his claim and state 
 the particulars in the Form No. 5, in the Schedule hereto annexed. 
 
 12. Every person or body corporate claiming compensation 
 under section 18 of the Act, for or in respect of any advowson, 
 right of presentation, or nomination to any benefice or cathedral 
 preferment, vested in or belonging to such person or body corporate 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 161 
 
 and affected by the provisions of the Act, shall within the period 
 prescribed by said section 18 make his claim, and furnish 
 particulars, in the Form No. 6, in the Schedule hereto annexed, 
 and the same shall be accompanied by an abstract of the title of 
 the claimant, and copies of the deeds or documents referred to in 
 support of such title. 
 
 1 3. Every Vicar-General, Official Principal, Commissary-General, 
 or Chancellor, and each Registrar and Auditor claiming compen- 
 sation by virtue of section 45 of the Act, shall make his claim, 
 and furnish particulars in the Form No. 7, in the Schedule hereto 
 annexed. 
 
 14. Every person claiming to be a Deputy Registrar, and to 
 have discharged the duty of the office of Registrar for five years 
 before the passing of this Act, shall make his claim and furnish 
 particulars in the Form No. 8, in the Schedule hereto annexed ; 
 and every person claiming to be a managing or other clerk, and to 
 have been continuously employed in a provincial or diocesan 
 Registry for five years or upwards immediately before the passing 
 of this Act, shall make his claim, and furnish particulars in the 
 Form No. 9, in the Schedule hereto annexed. 
 
 15. The Chancellor and Prebendaries of Christ Church, Dublin, 
 and any other ecclesiastical person claiming to be entitled to a 
 right of succession in the benefices of Kilcullen, Kildare, St. 
 Mary, St. Thomas, and St. George, Dublin, or any other benefice 
 or benefices, shall make a claim and furnish particulars in the 
 Form No. 10, in the Schedule hereto annexed. 
 
 16. The- Commissioners may from time to time in all cases 
 require further or amended particulars of such claim, and cause 
 notices to that effect to be given to the ecclesiastical person or 
 other claimant aforesaid. 
 
 17. Upon investigation of the claim and particulars aforesaid, 
 there shall be transmitted to every such ecclesiastical person or 
 other claimant a notice of the order made by the Commissioners 
 in the Form No. 11, in the Schedule hereto annexed. 
 
 18. In the event of the ecclesiastical person or other claimant 
 being dissatisfied with the said order, he shall be at liberty to 
 apply to the Commissioner to vary or rescind said order, or he 
 may require that his case may be heard by the three Commis- 
 sioners, and if he so desire he shall, within one month from the 
 date of the said order in the last preceding Rule mentioned, give 
 notice to the Commissioners of such his desire, and such notice 
 shall be in the Form No. 12 or No. 13, in the Schedule hereto 
 annexed, as the case may be. 
 
 19. Upon the receipt from such ecclesiastical person or other 
 claimant of a notice in said Form No. 12, the Commissioner may 
 vary or rescind the said order. 
 
 20. Upon receipt from such ecclesiastical person or other 
 claimant of a notice in the Form No. 13, notice shall be given to 
 the claimant in the Form No. 14, in the Schedule hereto annexed. 
 
 21. The Commissioners shall have power to extend the time 
 
-162 -RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 within which any of the claims or particulars aforesaid, shall be 
 lodged, and to permit the lodgment of such claims and particulars 
 notwithstanding that the time for such lodgment may have 
 elapsed. 
 
 (Signed), Monck, ) . . 
 
 James A. Lawson, > Commissioners. 
 
 George A. Hamilton, ) 
 
 Approved of and confirmed by the Brivy Council, on the 2lst 
 day of October, 1869. 
 
 Enrolled in the Record and Writ Office of Her Majesty s High 
 Court of Chancery, in Ireland, on the 8th day of February, 1870. 
 
 Schedule referred to by the foregoing General Rules, containing 
 the Forms of Application, and directions as to the mode in 
 which Applications are to be made to the Commissioners 
 under Sections 14, 15, 16, 18, 45, and 46 of the Act. 
 
 Form No. 1. — Application for Annuity under Section 14. 
 [See Schedule of Forms No. 22.] 
 
 Form No. 2. — Application for Annuity by Curate (Permanent 
 
 [See Schedule of Forme No. 25.] 
 
 Form No. 3. — Application for Gratuity by a Curate. 
 [See Schedule of Forma No. 26.] 
 
 Form No. 4. — Application for Annuity by Schoolmaster of 
 Diocesan or District School in Ireland. 
 
 . [See Schedule of Forms No. 28.] 
 
 Form No. 5. — Application for Annuity by Clerks, Sextons 
 and other Holders of Office of a Freehold or Quasi Free- 
 hold Character connected with any Cathedral, Parish, 
 Chapelry, or Chapel of Ease in Ireland. 
 [See Schedule of Forms No. 30.] 
 
 Form No? 6. — Lay Patron's Claim for Compensation under 
 
 Section 18. 
 
 [See Schedule of Forms No. 33.] 
 
 Form No. 7. — Claim for Compensation under Section 45. 
 
 [See Schedule of Forms No. 34.] 
 
 Form No. 8. — Claim of Deputy Registrar. 
 [See Schedule of Forms No. 37.] 
 
 Form No. 9. — Claim of Diocesan Registry Clerks under 
 
 Section 45. 
 
 [See Schedule of Forms No. 38.] 
 
 Form No. 10. — -Claim for Compensation under Section 46. 
 [See Schedule of Forms No. 39.] 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 163 
 
 Form No. 11. — Notice that a Conditional Order has been 
 made by one of the Commissioners of Church Temporalities 
 in Ireland. 
 
 [See Schedule of Forms No. 18.] 
 
 Form No. 12. — Notice of Appeal to the Three Commissioners. 
 
 [See Schedule of Forma No. 19.] 
 
 Form No 13. — Notice of Appeal to One Commissioner. 
 [See Schedule of Forms No. 20.] 
 
 Form No. 14. — Notice of Appointment of Day for Hearing 
 
 Appeal. 
 
 [See Schedule of Forms No. 21.] 
 
 Form No. 15. — General Form of Declaration. 
 
 [See Schedule of Forms No. 17.] 
 
 II. — Rules for Calculating Value of Perpetuities, and 
 Value of Life Interests. 
 
 Dated the 30th day of May, 1870. 
 
 1. The Commissioners of Church Temporalities in Ireland 
 having had under their consideration the basis upon which the 
 late Ecclesiastical Commissioners for Ireland calculated the 
 purchase money to be paid for a grant in perpetuity by tenants 
 holding under leases for twenty-one years customarily renewable, 
 and having regard to the present position of such tenants under 
 the provisions of the Church Temporalities Acts, and of the Irish 
 Church Act, 1869, have deemed it expedient to fix a scale for cal- 
 culating the value of the fee and of the tenant's interest, which 
 shall be uniform in its operation, and just and equitable towards 
 the tenants, and therefore — 
 
 Do hereby Order and Direct that, for the future, in proceeding 
 to ascertain the amount to be paid by a tenant holding under 
 any such lease, the value of the fee-simple, subject to the future 
 rent to be reserved, shall be calculated and ascertained in the same 
 manner and upon the same basis as was adopted by the late 
 Ecclesiastical Commissioners, viz., by deducting from the gross 
 annual value of the lands the amount of the rent reserved by the 
 lease and the annual fine and fees' (which together constitute the 
 future rent to be reserved by the grant in perpetuity), and multi- 
 plying the remainder by twenty, and from the amount so ascertained 
 deducting four per cent., the result so ascertained to be deemed 
 the estimated value of the fee ; That in estimating the value of the 
 tenant's interest the rent, annual fine and fees, shall be deducted 
 from the gross annual value, and the remainder multiplied by 
 seventeen and one-half, shall be deemed the value of the tenant's 
 interest under his lease ; and the difference between the value of 
 the fee and of the tenant's interest so ascertained shall be the 
 amount of purchase money to be paid by such tenant for a grant in 
 perpetuity, subject to the future rent to be reserved by such grant. 
 
 2. It is ordered that the following shall be the Table for the 
 Commutation of Life Interests under the Irish Church Act : — 
 
164 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 
 No. of Years' 
 
 Present Va 
 
 ue 
 
 
 No. of Years* 
 
 Present Value 
 
 Age. 
 
 Purchase. 
 
 of an 
 Annuity of £10. 
 
 Ago. 
 
 Purchase. 
 
 of an 
 Annuity of £10. 
 
 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 £. 
 
 ■ *. d. 
 
 21 
 
 18.758461 
 
 187 
 
 11 
 
 8 
 
 60 
 
 10.342420 
 
 103 
 
 8 6 
 
 22 
 
 18.673457 
 
 186 
 
 14 
 
 8 
 
 61 
 
 10.038303 
 
 100 
 
 7 8 
 
 23 
 
 18.594421 
 
 185 
 
 18 
 
 10 
 
 62 
 
 9.720362 
 
 97 
 
 4 
 
 24 
 
 18.514859 
 
 185 
 
 2 
 
 11 
 
 63 
 
 9.391525 
 
 93 
 
 18 3 
 
 25 
 
 18.431364 
 
 184 
 
 6 
 
 3 
 
 64 
 
 9.063036 
 
 90 
 
 12 7 
 
 26 
 
 18.340324 
 
 183 
 
 8 
 
 
 
 65 
 
 8.735368 
 
 87 
 
 7 
 
 27 
 
 18.225598 
 
 182 
 
 5 
 
 1 
 
 66 
 
 8.408186 
 
 84 
 
 1 7 
 
 28 
 
 18.102159 
 
 181 
 
 
 
 5 
 
 67 
 
 8.102770 
 
 81 
 
 6 
 
 29 
 
 17.970644 
 
 179 
 
 14 
 
 1 
 
 68 
 
 7.800901 
 
 78 
 
 2 
 
 30 
 
 17.831579 
 
 178 
 
 6 
 
 3 
 
 69 
 
 7.502690 
 
 75 
 
 6 
 
 31 
 
 17.685197 
 
 176 
 
 17 
 
 
 
 70 
 
 7.210035 
 
 72 
 
 2 
 
 32 
 
 17.532000 
 
 175 
 
 6 
 
 5 
 
 71 
 
 6.925274 
 
 69 
 
 5 
 
 33 
 
 17.369923 
 
 173 
 
 14 
 
 
 
 72 
 
 6.647211 
 
 66 
 
 9 5 
 
 34 
 
 17.198135 
 
 171 
 
 19 
 
 7 
 
 73 
 
 6.367660 
 
 63 
 
 13 6 
 
 38 
 
 17.016957 
 
 170 
 
 3 
 
 4 
 
 74 
 
 6.077410 
 
 60 
 
 15 6 
 
 36 
 
 16.827558 
 
 168 
 
 5 
 
 6 
 
 75 
 
 5.778273 
 
 57 
 
 15 8 
 
 37 
 
 16.632190 
 
 166 
 
 6 
 
 5 
 
 76 
 
 5.470566 
 
 54 
 
 14 1 
 
 38 
 
 16.430968 
 
 164 
 
 6 
 
 2 
 
 77 
 
 5.121838 
 
 51 
 
 4 4 
 
 39 
 
 16.225472 
 
 162 
 
 5 
 
 1 
 
 78 
 
 4.776439 
 
 47 
 
 15 3 
 
 40 
 
 16.013441 
 
 160 
 
 2 
 
 8 
 
 79 
 
 4.445850 
 
 44 
 
 9 2 
 
 41 
 
 15.793828 
 
 157 
 
 18 
 
 9 
 
 80 
 
 4.123102 
 
 41 
 
 4 7 
 
 42 
 
 15.560287 
 
 155 
 
 12 
 
 
 
 81 
 
 3.810107 
 
 38 
 
 2 
 
 43 
 
 15.318154 
 
 153 
 
 3 
 
 7 
 
 82 
 
 3.512199 
 
 35 
 
 2 5 
 
 44 
 
 15.064324 
 
 150 
 
 12 
 
 10 
 
 S3 
 
 3.212603 
 
 32 
 
 2 6 
 
 45 
 
 14.798641 
 
 147 
 
 in 
 
 8 
 
 84 
 
 2.912203 
 
 29 
 
 2 5 
 
 46 
 
 14.521242 
 
 145 
 
 4 
 
 3 
 
 85 
 
 2.624071 
 
 26 
 
 4 11 
 
 47 
 
 14.225646 
 
 142 
 
 5 
 
 1 
 
 86 
 
 2.348388 
 
 23 
 
 9 8 
 
 48 
 
 13.920584 
 
 139 
 
 4 
 
 1 
 
 87 
 
 2.112027 
 
 21 
 
 2 4 
 
 49 
 
 13.607268 
 
 136 
 
 1 
 
 5 
 
 88 
 
 1.911887 
 
 19 
 
 2 4 
 
 50 
 
 13.289382 
 
 132 
 
 17 
 
 10 
 
 89 
 
 1.743958 
 
 17 
 
 8 9 
 
 51 
 
 12.970687 
 
 1*9 
 
 14 
 
 1 
 
 90 
 
 1.592497 
 
 15 
 
 18 6 
 
 52 
 
 12.663017 
 
 126 
 
 12 
 
 7 
 
 91 
 
 1.484006 
 
 14 
 
 16 9 
 
 53 
 
 12.359400 
 
 123 
 
 11 
 
 10 
 
 92 
 
 1.326836 
 
 13 
 
 5 4 
 
 54 
 
 12.062496 
 
 120 
 
 12 
 
 6 
 
 93 
 
 1.182141 
 
 11 
 
 16 5 
 
 55 
 
 11.771310 
 
 117 
 
 14 
 
 3 
 
 94 
 
 1.041002 
 
 10 
 
 8 2 
 
 56 
 
 11.484140 
 
 114 
 
 10 
 
 10 
 
 95 
 
 .885828 
 
 8 
 
 17 2 
 
 57 
 
 11.201713 
 
 112 
 
 
 
 4 
 
 96 
 
 .673920 
 
 6 
 
 14 9 
 
 58 
 
 10.919702 
 
 109 
 
 3 
 
 11 
 
 97 
 
 .427862 
 
 4 
 
 5 6 
 
 59 
 
 10.633726 
 
 106 
 
 6 
 
 9 
 
 98 
 
 Nil. 
 
 Nil. 
 
 • ;L m3 _ xabm; A s &ows the number of Years' Purchase, and also the value 
 m Cash of an Annuity of £ 10 on the life of a Male of an age abovemen- 
 tioned, the interest of money being taken after the rate of th?ee and a half 
 per centum per annum payable half-yearly, and the law of mortality beino- 
 that adopted for the Tables regulating the grant of annuities on Male 
 Lives at the National Debt Office. 
 
 (Signed), Monck, } 
 
 J. A. Lawson, \ Commissioners. 
 
 Geo. A. Hamilton, ) 
 
 M V ay d l°870 nd C ° nfirmed hy the Priv y Council > ° n *»«> 30th day of 
 Enrolled in the _ Record and Writ Office of Her Majesty's High Court of 
 Chancery, m Ireland, on the 18th day of November; 18707 
 
EULES AND ORDERS UNDER THE IRISH CHURCH ACT. 165 
 
 III. — Rules as to Payment of Annuitants. 
 
 As amended and approved by the Privy Council, 29th June, 1871. 
 
 It is this day ordered by the Commissioners of Church Tempor- 
 alities in Ireland, that the following shall be the General Rules 
 and Orders -with respect to the payment of Annuitants, under the 
 14th, 15th, and 16th Sections of the Irish Church Act. 
 
 1. All Annuities under these Sections shall be payable half- 
 yearly, on the 1st January and 1st July, in each year, commencing 
 with the 1st July, 1871 ; and in case of the death of the Annuitant 
 between the gale days, a proportionate part of such Annuity will 
 be paid to his personal representative. 
 
 2. Each Annuitant claiming to be entitled, under the 14th 
 Section of the said Act, to payment of the first and each suc- 
 ceeding half-yearly gale of an Annuity, ascertained and declared 
 thereunder, shall furnish to the Commissioners, if required by 
 them, a certificate signed on behalf of the Representative Church 
 Body, to the effect following : — 
 
 (a.) That he continues to discharge his duties in respect of the 
 Benefice or Preferment in respect of which the Annuity 
 was granted ; or, 
 
 (b.) That he is discharging other spiritual duties in Ireland, 
 which have been substituted for the original duties which 
 he was bound to discharge, with the consent of the 
 Representative Church Body; or if not discharging such 
 duties, 
 
 (c.) That he has been, and is, disabled from so doing by age, 
 sickness, or permanent infirmity, or by any cause other 
 than his own wilful default, to be specified in such 
 certificate. 
 
 3. Each Annuitant claiming to be entitled under the 15 th 
 Section of the said Act, to payment of the first and each succeeding 
 half-yearly gale of an Annuity, ascertained and declared there- 
 under, shall furnish to the Commissioners, if required by them, a 
 certificate, signed on behalf of the Representative Church Body, to 
 the effect following : — ' 
 
 (a.) That he continues to discharge the duties of the Curacy in 
 respect of which the Annuity was granted ; or, 
 
 (6.) Other spiritual duties in Ireland, which with his own con- 
 sent and the consent of the Representative Church Body, 
 have been substituted for them ; or, if not discharging 
 such duties, 
 
 (c.) That he has been disabled from so doing by age, sickness, 
 or permanent infirmity, or any cause other than his own 
 wilful default, to be specified in such certificate. 
 
 4. In the case of a Curate, whose salary is deducted from an 
 Incumbent, in case he is discharging other duties than those of his 
 
166 BULBS AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 original Curacy, he shall furnish to the Commissioners a certificate, 
 signed by the Incumbent from whom such deduction is made, that 
 such change in his duties was made with his consent. 
 ' 5. Each Annuitant claiming to be entitled under the 16th 
 Section of the said Act, to the first and each succeeding half-yearly 
 gale of his Annuity, shall furnish to the Commissioners, if required 
 by them, a certificate, signed on behalf of the Representative 
 Church Body, to the effect following : — 
 In the case of a Diocesan Schoolmaster. 
 
 That he continues to perform the duties of his office personally 
 or by sufficient deputy, in the same School, in respect 
 of which the Annuity was granted. 
 In the case of Clerks, Sextons, and other officers of the Church. 
 (a.) That he continues to perform the duties of his office 
 personally, or by sufficient deputy, in the same Cathedral, 
 Church, or Chapel, in respect of which his Annuity was 
 granted; or, 
 (6.) That he is discharging other duties of the same kind as his 
 original duties, which have been assigned to him by the 
 Representative Church Body. 
 6. The Representative Church Body shall be bound to give such 
 certificate to each Annuitant applying for the same, or to give a 
 statement in writing, signed on their behalf, specifying their 
 reasons for withholding it. 
 
 Dated this 30th day of January, 1871. 
 
 (Signed), Monck {Commissioners. 
 
 James A. Lawson, J 
 
 Approved of and confirmed by the Privy Council, on the 29th 
 day of June, 1871. 
 
 Enrolled in the Record and Writ Office of Her Majesty's High 
 Court of Chancery, in Ireland, on the 4th day of July, 1871. . 
 
 IV. — Kules as to Arbitrations. 
 
 .Dated the 3rd day of July, 1872. 
 
 It is this day Ordered by the Commissioners of Church Tem- 
 poralities in Ireland, that the following Rules shall apply to all 
 proceedings under the 42nd Section of " The Irish Church Act, 
 1869." 
 
 1. Any person aggrieved by the value set by the Commissioners 
 on any life interest or other interest, and desiring to refer the same 
 to arbitration, shall be bound to serve notice on the "Commis- 
 sioners of such his desire, within one month after the date of the 
 posting of the letter notifying to him the value set thereon by the 
 Commissioners. 
 .2. Any person aggrieved by the value set by the Commissioners 
 
UTILES AND ORDERS UNDER THE IRISH CHURCH ACT. 167 
 
 on any advowson or right of presentation, and desiring to refer 
 the same to arbitration, shall be bound to serve notice on the 
 Commissioners, of such his desire, within one month after the 
 date of the posting of the letter notifying to him the value set 
 thereon by the Commissioners. 
 
 3. The Commissioners shall have power to extend the time 
 within which such notices shall be served, or to permit such arbi- 
 trations to take place, notwithstanding that one month, may have 
 elapsed. 
 
 (Signed), Monck, )„■..■ 
 
 J. A. Lawson, } Cow ™ Mmers - 
 
 Approved of and confirmed by the Privy Council, on the 3rd 
 day of January, 1873. 
 
 Enrolled in the Record and "Writ Office of Her Majesty's High 
 Court of Chancery, in Ireland, on the 17th day of January, 1873. 
 
 Section 2. 
 
 Chancery Order of the 28th July, 1871, as to Receivers 
 of Tithe Rent-charge. 
 
 General Order by the Right Honorable Baron O'Hagan, 
 Lord High Chancellor of Ireland. 
 
 It is hereby Ordered that the Commissioners of Church Temporalities 
 in Ireland, do hereafter from time to time as same shall accrue and 
 become payable, pay to the several Receivers heretofore appointed over 
 Tithe Rent-charges, and still continuing to be Receivers over same, 
 all the Annuities severally and respectively awarded to the Owners 
 of the said Tithe Rent-charges, and duly receivable by such Receivers 
 until same became vested in the said Commissioners, with all arrears, if 
 any, now due on foot of each of said Annuities, and let said several 
 Receivers be and they are hereby respectively discharged from the 
 receiptof all such Tithe Rent-charges as have become vested in said Com- 
 missioners, and let said Receivers severally and respectively be and they 
 are hereby appointed Receivers over the said Annuities, to demand, 
 enforce, and receive same, and therefor to account in such manner and 
 at such times as they before and at the time of this Order were and are 
 bound to account for the Tithe Rent- charges and other Temporalities for 
 receipt of which they were respectively appointed : And it is hereby 
 further Ordered that payment of said Annuities by said Commissioners 
 to the said Receivers respectively shall be to all intents and purposes 
 good and valid payments in discharge and satisfaction pro tanto of the 
 said Annuities, and that the receipts for same, duly signed and given by 
 the said Receivers severally and respectively, shall be and they are 
 hereby declared and Ordered to be good and valid acquittances to the 
 said Commissioners for the respective sums thereby acknowledged to 
 have been received by said Receivers : And it is further Ordered that 
 all sums so received by said Receivers respectively shall be accounted for, 
 and brought into Court to the same uses and for the benefit of the same 
 parties, and to be disposed of in the same manner as the Tithe Rent- 
 charges would be accounted for and brought into Court, had same con- 
 tinued to be receivable by said Receivers. 
 
 (Signed), O'Hagan, C. 
 
168 EULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 Sectiok 3. 
 
 Warrant appointing the Right Honorable Edward 
 Sullivan, Master of the Rolls, to be a Member of the 
 Tribunal constituted under Section 2, of " The Irish 
 Church Act, 1869, Amendment Act, 1872." 
 
 By the Lord Lieutenant General and General Governor of 
 
 Ireland. 
 
 Spencer, 
 
 Whereas, by '' The Irish Church Amendment Act, 1872," after reciting 
 that George Alexander Hamilton, esquire, one of the three Commis- 
 sioners of Church Temporalities in Ireland, appointed by "The Irish 
 Church Act, 1869," died on the 1 7th day of September, 1 87 1 , it is enacted 
 that no person should be appointed to fill the vacancy occasioned by the 
 death of the said George Alexander Hamilton, and so much of Section 
 4, of "The Irish Church Act, 1869," as enacted that any person 
 aggrieved by any Order of one of the said Commissioners might require 
 his case to be heard by the three Commissioners is repealed, and in lieu 
 thereof, it is enacted that any person aggrieved by any Order of one 
 Commissioner may require his case to be heard by a Tribunal consisting 
 of both the Commissioners for the time being of Church Temporalities 
 in Ireland, and any Member of Her Majesty's Most Honorable Privy 
 Council in Ireland, holding or having held any judicial office, who may 
 from time to time be appointed by either General or Special Order, 
 under the hand of the Lord Lieutenant or other Chief Governor or 
 Governors of Ireland for the time being ; and whereas the Eight Honor- 
 able Edward Sullivan is a Member of Her Majesty's Most Honorable 
 Privy Council, in Ireland, and now holding the judicial office of Master 
 of the Rolls of that part of the United Kingdom called Ireland, and we 
 are minded to appoint him the said Edward Sullivan to be the person 
 who, with the Commissioners for the time being, of Church Temporalities 
 in Ireland, shall constitute the Tribunal by whom any person aggrieved 
 by any Order of one Commissioner may require his case to be reheard. 
 
 Now we, John Poyntz, Earl Spencer, Lord Lieutenant General, and 
 General Governor of Ireland, do, in pursuance of the power vested in us 
 by said recited Act, and of every other power us thereunto enabling, by 
 this General Order under our hand, appoint the said Eight Honorable 
 Edward Sullivan, as the person who with both the Commissioners for the 
 time being of Church Temporalities in Ireland, shall constitute the 
 Tribunal by whom any person aggrieved by any Order of one Commis- 
 sioner for the time being of Church Temporalities in Ireland, may re- 
 quire his case to be reheard. 
 
 Given at Her Majesty's Castle, at Dublin, the 28th day of 
 October, 1872. 
 
 By His Excellency's command, 
 
 (Signed), R. N. Mathesok 
 
RULES AND ORDERS UNDEB THE IRISH CHURCH ACT. 160 
 
 Section 4. 
 Charter and Rules of The Representative Church Body. 
 
 I. Charter of Incorporation of " The Representative Church 
 
 Body." 
 
 Victoria, by the grace of God, of the United Kingdom of Great Britain 
 and Ireland, Queen, Defender of the Faith, and so forth : To all to whom 
 these presents shall come, greeting: Whereas, by the Irish Church Act, 
 1869, it was enacted, that on and after the 1st day of January, 1871, the 
 union created by Act of Parliament between the. Churches of England 
 and Ireland as by Law established should be dissolved, and that the said 
 Church of Ireland should cease to be established by Law ; And 
 Whereas by the said Act it was further provided that if at any time it 
 should be shown to our satisfaction that the Bishops, Clergy, and Laity 
 of the Church so disestablished, which is hereinafter referred to as the 
 " said Church," or the persons who, for the time being, should succeed 
 to the exercise and discharge of the Episcopal functions of such Bishops, 
 and the Clergy and Laity in communion with such persons, should have 
 appointed any person, or body to represent the said Church, and to hold 
 property for any of the uses or purposes thereof, it should be lawful for 
 us, by Charter, to incorporate such body with powers> notwithstanding 
 the statutes of Mortmain, to hold lands to such extent as by the said 
 Act is provided, but not further or otherwise ; And Whereas the said 
 Bishops, Clergy, and Laity of the said Church have appointed — 
 
 Our right trusty and right entirely-beloved Councillor, the Right Honorable 
 and Most Reverend Father in God, Marcus Gervais, Archbishop of the United 
 Diocese of Armagh and Clogher, Primate and Metropolitan of all Ireland; the 
 Right Honorable and Most Reverend Father in God, our right trusty and right 
 entirely-beloved Councillor, Richard Chenevix, Archbishop of the United Diocese 
 of Dublin and Glandelagh and Kildare, and Primate of Ireland ; our right trusty 
 and well-beloved Councillor, the Right Honorable and Most Reverend Father in 
 God, Samuel Bishop of Meath; the Right Reverend Father in God, Robert, Bishop 
 of the United Dioceses of Cashel, Emly, "Waterford, and Lismore; the Right 
 Reverend Father in God, James Thomas, Bishop of the United Dioceses of ( Issory, 
 Ferns, and Leighlin ; the Right Reverend Father in God, Robert, Bishop of the 
 United Dioceses of Down, Connor, and Dromore ; the Right Reverend Father in 
 God William, Bishop of the United Dioceses of Killaloe, Kilfenora, Clonfert, and 
 Kilmacduagh; the Right Reverend Father in God, John, Bishop of the United 
 Dioceses of Cork, Cloyne, and Ross; the Right Reverend Father in God, Charles, 
 Bishop of the United Dioceses of Limerick, Ardfert, and Aghadoe; the Right 
 Reverend Father in God, Charles Brodrick, Bishop of the United Dioceses of 
 Tuam, Killala, and Achonry ; the Right Reverend Father in God, William, Bishop 
 of the United Dioceses of Deny and Raphoe; the Right Reverend Father in God, 
 Thomas, Bishop of the United Dioceses of Kilmore, Elphin, and Ardagh; our 
 trusty and well-beloved Alexander Irwin, Clerk, Master of Arts; our trusty and 
 well-beloved John William Ellison Macartney, Esquire; our trusty and well- 
 
170 aUtfiS Alrt) ORBEfts:tJKDEE *HE tfttSB CfltfltCH ACT. 
 
 beloved Robert Baron Templer, Esquire; our trusty and well-beloved the Vener- 
 able Edward Adderly Stopford, Doctor of Laws, Archdeacon of Meath; our trusty 
 and well-beloved William Barlow Smythe, Esquire, Deputy Lieutenant; our 
 trusty and well-beloved Hans Hamilton Woods, Esquire, Deputy Lieutenant ; our 
 trusty and well-beloved William Macklin Edwards, Master of Arts, Clerk; our 
 trusty and well-beloved Robert George Montgomery, Esquire, Deputy Lieutenant ; 
 our trusty and well-beloved William Edward Scott, Esquire; our trusty and 
 well-beloved Jeffry Lefroy, Master of Arts, Clerk; our trusty and well-beloved 
 John Mulholland, Esquire ; our trusty and well beloved Anthony Traill, Doctor of 
 Laws ; our trusty and well-beloved'the, Very Reverend Augustus William West, 
 "Dean of the Cathedral Church ofArdagh; our trusty and well-beloved Thomas 
 George Wills Sandford, Esquire; our trusty and well-beloved Joseph, Story, 
 Esquire ; our trusty and well-beloved Sir Francis Arthur Knox Gore, Baronet ; 
 our trusty and well-beloved Robert Blundell, Master of Arts, Clerk ; our trusty 
 and well-beloved James O'Hara, Esquire, Deputy Lieutenant; our trusty and well- 
 beloved the Very Reverend John West, Dean of the Collegiate and Cathedral 
 Church 6f St. Patrick, Doctor of Divinity ; our right trusty and well-beloved 
 cousin, the Right Honorable William Earl of Meath ; our trusty and well-beloved 
 Andrew Searle Hart, Doctor of Laws ; our trusty and well-beloved the Venerable 
 John Evans Johnson, Doctor of Divinity, Archdeacon of Ferns ; our right trusty 
 and right well beloved cousin, the Right Honorable James George Henry Earl of 
 Courtown ; "our right trusty and right well-beloved cousin, the Right Honorable 
 Thomas Viscount De Vesci ; our trusty and well-beloved Sir Robert Paul, Baronet ; 
 our trusty and well-beloved Robert Bell, Doctor of Divinity ; our trusty and well- 
 beloved Richard Uniacke Bayly, Esquire; our right trusty and well-beloved 
 Councillor the Right Honorable Hedges Eyre Chatterton, Vice-Chancellor of 
 Ireland ; our right trusty and well-beloved Councillor the Right Honorable Robert 
 Richard Warren, Judge of our Court of Probate in Ireland ; our trusty and well- 
 beloved Robert Samuel Gregg, Master of Arts, Clerk ; our trusty and well-beloved 
 the Honorable Charles James Trench ; our trusty and well-beloved Sir William 
 Osborne, Baronet, Deputy Lieutenant ; our trusty and well-beloved the Venerable 
 Christopher Henry Gould Butson, Archdeacon of Clonfert; our right trusty and 
 well-beloved the Right Honorable DayroIIes Blakeney, Baron Ventry ; our trusty 
 and well-beloved the Very Reverend John Godfrey Day, Master of Arts, Dean of 
 the Cathedral Church of Ardfert; our trusty and well-beloved Charles John 
 Aldworth Goote, Esquire (being the elected members of such body); and our right 
 trusty and well-beloved Councillor the Right Honorable Mountifort Longtield, 
 Doctor of Laws ; our right trusty and well-beloved Councillor the Right Honor- 
 able John Thomas Ball, Doctor of Laws; our trusty and well-beloved George 
 Salmon, Doctor of Divinity, Regius Professor of Divinity in our University of 
 Dublin ; our trusty and well-beloved the Venerable Samuel Moore Kyle, Doctor 
 of Laws, Archdeacon of Cork ; our trusty and well-beloved John Barlow, Esquire ; 
 our trusty and well-beloved Joseph Carson, Doctor of Divinity ; our trusty and 
 well-beloved James Chaigneau Colvill, Esquire ; our trusty and well-beloved 
 Joseph Allen Galbraith, Clerk, Master of Arts; our trusty and well-beloved 
 William Digges La Touche, Esquire, Deputy Lieutenant ; our trusty and well- 
 beloved William Ewart, junior, Esquire; our trusty and well-beloved James 
 Spaight, Esquire ; our trusty and well-beloved James Robert Stewart, Esquire, 
 Deputy Lieutenant — 
 
 (Being the co-opted members of the said body) ; and their successors to 
 be appointed as hereinafter mentioned, to represent the said Church, for 
 the purposes of the said Act, and to hold property for the use of the said 
 Church, and to exercise the functions and powers by the said Act given 
 to tbe body therein called the Representative Body of the said Church ; 
 And Whereas the words " Archbishop" and " Bishop" shall hereinafter 
 in these presents respectively include any person who, for the time being, 
 shall succeed to the exercise and discharge of the Episcopal functions of 
 any Archbishop or Bishop (as the case may be) of said Church ; and the 
 word "Diocese" shall hereinafter in these presents mean a district, or 
 union of districts, presided over by any such Archbishop, Bishop, or 
 person ; and the words " General Synod" shall hereinafter in these presents 
 
fetJtfiS ANb OEDEKS frtfkEE *fiE lEtSB CHtJECH. ACS, 171- 
 
 mean a general Synod or Convention of the said Church held or con- 
 vened, as in the )9th section of the said Act is in that behalf mentioned 
 or referred to. Now know all men by these presents, that We, of our 
 especial grace, certain knowledge, and mere motion, by and with the- 
 advice and consent of our right trusty and entirely-beloved cousin and 
 Councillor John Poyntz, Earl Spencer, e.g., our Lieutenant General 
 and General Governor of that part of our said United Kingdom of Great 
 Britain and Ireland called Ireland; and according to the tenor and 
 effect of our Letter under our Privy Signet and Royal Sign Manual, 
 bearing date at our Court, at St. James's, the eighth day of October, 
 one thousand eight hundred and seventy, in the thirty-fourth year 
 of our reign, and now enrolled in the Record and Writ Office of 
 the High Court of Chancery in Ireland aforesaid; do for Us, our 
 heirs, and ■ successors, grant, constitute, declare, and appoint that 
 the said [here is repeated in the Charter the names already mentioned], 
 and their successors to be appointed as hereinafter mentioned, shall be 
 one corporation or body politic, to have continuance for ever by the 
 name of " The Repkesentative Church Body ;" and we hereby in- 
 corporate the said above-named persons to have perpetual succession by 
 the same name, and also by the same name to sue and be sued, plead 
 and be impleaded, answer and be answered unto in all the courts and 
 places whatsoever of Us, our heirs and successors, in all suits, plaints, 
 and demands whatsoever. And that they and their successors shall have 
 a common seal with such stamp and inscription to be made and engraved 
 thereon as they shall think proper ; and that it shall be lawful for them 
 and their successors to break and alter, or renew the said seal as they 
 shall think proper ; and that they shall have power notwithstanding the 
 Statutes of Mortmain, to hold lands to such extent as by the said Act is 
 provided ; and further, that they may receive for the use of the said 
 Church, or for any purposes connected therewith, any money, goods, or 
 chattels- that may be given or bequeathed to them by any person or body 
 politic capable of making a gift or bequest thereof. And we grant and 
 ordain that the said Representative Body shall exercise all the powers, 
 and perform all the functions and duties intended by the said Act to be 
 performed by the Body in the said Act called the Representative Body 
 of the said Church. And we grant and ordain that the said Represen- 
 tative Body shall hold all property which shall become vested in it, upon, 
 and for such trusts, objects, and purposes, and with, and subject to, such 
 powers and regulations (such trusts, objects, and purposes, powers and 
 regulations, not being inconsistent with, or in violation of, the said Act, 
 or any other law of this realm), as the General Convention of the said 
 Church assembled in the year 1870, or any General Synod of the said 
 Church from time to time, shall, in that behalf, have directed, or shall 
 direct, and that the said Representative Body shall be subject to the 
 order and control of such General Synod in all matters not provided for 
 by the said Act, or the laws of this realm. And we ordain and declare 
 that the corporation hereby created is, and shall be, composed of three 
 classes, hereinafter respectively called, the Ex-officio, the Elected, and 
 the Co-opted Members ; and that the Ex-officio Members shall be the 
 Archbishops and Bishops of the said Church for the time being, and that 
 the Elected Members shall consist of one Clerical and two Lay Repre- 
 sentatives for each Diocese or union of Dioceses, presided over by one 
 Bishop, and shall be qualified and elected as hereinafter mentioned ; and 
 that the Co-opted Members shall consist of persons equal in number to 
 the number of such Dioceses for the time being, to be elected by the Ex- 
 officio and Elected Members; and we further order that the Elected 
 Members and their successors, shall retire from office by rotation, one- 
 
172 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 third, or if at any time hereafter their numbers shall not be a multiple of 
 three, the number nearest to one-third of the Clerical and Lay Members 
 respectively, retiring at the commencement of each ordinary meeting of 
 the General Synod of the said Church. Provided that on and after the 
 ' third ordinary meeting of the General Synod those elected members and 
 those only shall retire by rotation who shall have been longest in office ; 
 and we order that the rotation according to which the elected members 
 shall retire shall be settled by the said Representative Body, and shall 
 be so arranged that not more than one elected member for the same 
 diocese shall retire in the same year. And we order that the co-opted 
 members shall also retire from office by rotation, one-third, or if at any 
 time hereafter their number shall not be a multiple of three, then the 
 number nearest to one-third, retiring at each ordinary meeting of the 
 General Synod of the said Church; and that the co-opted members who 
 are to retire at the first and second of such sessions shall be determined 
 by lot ; and at each subsequent session those longest in office shall retire; 
 and that all members, whether elected or co-optive, who shall so retire, 
 shall be capable of being re-elected, either to fill the vacancy occasioned 
 by such retirement, or any other vacancies then or at any future time 
 occurring, for which they shall be in other respects duly qualified. And 
 we order that all vacancies occurring by rotation of any elected members 
 shall be filled up by election by the clerical and lay representatives (in the 
 General Synod) of the respective Dioceses in which such vacancies shall 
 occur, the clerical representatives present voting for the clerical members 
 only, and the lay representatives present voting for the lay members only ; 
 any casual vacancy by death, resignation, or otherwise, occurring among 
 the elected members, shall be filled, as soon as conveniently may be, by 
 the clerical or lay representatives, as the case may be, of the diocese for 
 which such vacancy shall have occurred ; any vacancy occurring among the 
 co-opted members shall be filled up by election by the remaining members 
 of the said Representative Body. Provided, however, that the names of 
 the persons so co-opted, shall be laid before the General Synod, if it shall 
 then be sitting, and if it shall not be then sitting, then before the 
 General Synod at its next sitting; and such General Synod may either 
 confirm such co-option, or remove the person or persons so co-opted, 
 and substitute any other person or persons in his or their place ; and 
 and that if the General Synod shall pass a resolution, that any elected or 
 co-opted member of the said Representative Body shall be removed for 
 sufficient cause to be expressed in such resolution, such person shall im- 
 mediately cease to be a member thereof, and his place shall be vacant as if 
 such person had died. Any person elected or co-opted to fill a casual 
 vacancy, shall hold office only so long as the person into whose place he 
 shall be elected would have held office if such vacancy had not occurred. 
 And We further Grant and Declare that the said Representative 
 Body shall be subject nevertheless to such alterations in the number of 
 the said Representative Body, or in the rules laid down for the qualifi- 
 cation, election, or retirement of its members, as shall from time to time 
 be adopted by the General Synod of the said Church. And lastly, we do 
 by these presents grant to the said Representative Body and their Suc- 
 cessors, that these our Letters Patent, or the enrolment or exemplifi- 
 cation thereof, and all and singular the matters and things in the same 
 contained, shall and may be good, valid, and effectual in the Law, according 
 to the true intent and meaning of the same, and shall be taken, construed, 
 and adjudged in the most favourable and beneficial sense, and for the best 
 advantage of the said Representative Body and their Successors, as well 
 in all our Courts of Record, as elsewhere, and by all and singular the 
 Judges, Justices, Officers, Ministers, and other subjects whatsoever of 
 
ftTJLES AND ORDERS UNDER THE IRISH CHURCH ACT. 173 
 
 us, our heirs; and successors, any omission, imperfection, defect, cause, 
 or thing whatsoever to the contrary thereof in anywise notwithstanding. 
 Provided always that these our Letters Patent be enrolled in the Record 
 and Writ Office of our High Court of Chancery in that part of our said 
 United Kingdom called Ireland, within the space of six months next 
 ensuing the date of these presents. In Witness whereof lire have caused 
 these our Letters to be made Patent. Witness — Cur Lieutenant- 
 General and General Governor of Ireland, at Dublin, this fifteenth day 
 of October, in the thirty-fourth year of our reign. 
 
 «' '" Ralph S. Cusack, Clerk of the Crown and Hanaper. 
 
 Enrolled in the Record and Writ Office of Her Majesty's High 
 Court of Chancery in Ireland, on the nineteenth day of 
 October, One Thousand Eight Hundred and Seventy. 
 
 II. — Report and Resolutions of the Representative Church 
 Body in connexion with Commutation and Compounding. 
 
 By the 23rd section of the Irish Church Act, it is enacted, that, after the first 
 day of January, 1871, the Clergy may apply to the Commissioners of Church 
 Temporalities to commute their Annuities and value of life interests in any kind 
 of ecclesiastical property, and that the Commissioners, in case the Eepresentative 
 Body assent to such Commutation, shall pay the amount of the estimated value 
 to the Representative Body, charged with the payment of the annuities and life 
 interests thus commuted to the respective annuitants, so long as they shall require 
 the same. By the same section, the Commissioners' are bound to pay to the 
 Eepresentative Body 12 per cent, in addition to the estimated value, provided 
 that not less than three-fourths of the Ecclesiastical Persons of a Diocese or 
 United Diocese, agree to commute before the 1st day of January, 1873. 
 
 The Commutation Table (Table I.) annexed to this Beport, has been proposed 
 by the Commissioners. It was calculated by Mr. Alexander Glen Finlaison, 
 Actuary of the National Debt Commissioners, on the law of mortality of Govern- 
 ment annuitants, and at the rate of interest of money, 3J per cent, per annum, 
 payable half-yearly. 
 
 As to the safety of Commutation to the Clergy, it is plain that a Commutation 
 Fund, invested at the same rate of interest as that on which it is calculated from 
 a sound table of mortality, must as a general rule be sufficient to meet all claims 
 upon it, excepting of course the expense of management. If the Fund be invested 
 at a higher rate of interest, there will be a surplus available to meet this charge. 
 If the 12 per cent, addition be taken into account, the Representative Body feel 
 no hesitation in saying that, even should the Fund be invested at no higher 
 interest than that ■which can be obtained in Government securities at their present 
 rate, it would be amply sufficient to meet all claims. They believe that an 
 average rate of i per cent, may be fairly expected. Finally, the guarantee, 
 which the Sustentation Fund will provide, ought to remove all question as to- 
 the safety of Commutation, augmented as the Fund will no doubt be, by the 
 unappropriated surplus of the £500,000, to which the Church is entitled in lieu of 
 private endowments. 
 
 While the Representative Body have no doubt as to the safety of Commutation, 
 they believe that the benefits to be derived from it are more of a moral than a 
 financial character. It is needless to dwell on the importance of co-operative 
 action in the present crisis of our affairs. By such action only can the Church of 
 Ireland be reconstituted on a firm and permanent basis. If once the Commuta- 
 tion Fund is in the hands of the Representative Body, it may be hoped that 
 there will be present a constant sense of the duty which lies upon the Church 
 of preserving it as a permanent endowment. The Representative Body do not 
 see any other way in which the Church can be so surely preserved from falling 
 into a purely congregational system. 
 
 •The estimated value of -a -general Commutation of incomes, including the 12 
 per cent, bonus, is about five and three-quarter millions. The revenue arising 
 from this at i per cent, is £230,000, just one-half the actual amount of ClerieW 
 
 
 
174 RULES AND ORDERS UNDER THE IRISH CHURCH ACT; 
 
 income. The object to be aimed at, therefore, must be to supply the other half 
 by Donations and Subscriptions. If this mode of Securing the Commutation 
 Fund were adopted, parish by parish, the great object would no doubt be ac- 
 complished ; but the efforts demanded would be very unequal, and it is therefore 
 to be hoped, that the support of the Church may be secured by a general effort, 
 the poorer parishes being helped by those which have greater means. 
 
 By the 23rd section of the Irish Church Act, power is given to the Represen- 
 tative Body 
 
 'to make such arrangements in respect of the commuted value of the 
 ' annuity with the annuitant, and as to the disposal of such portion thereof 
 ' as shall after such arrangements be applicable to Church purposes, as shall 
 ' to such Body seem fit' 
 
 This clause refers to what is commonly called Compounding, a transaction in 
 which the Commutation money is to be divided into two parts, one becoming 
 immediately the property of the Incumbent, the other being vested in the Repre- 
 sentative Body for the benefit of the Church. 
 
 In consequence of the recent debates in the Convention in reference to these 
 subjects, the Representative Body have felt it their duty carefully to reconsider 
 their former Resolutions, and the various objections made to them, and to adopt 
 some additional provisions. The following are the Resolutions at which they have 
 finally arrived: — 
 
 1°. On and after the 1st day of January, 1871, and before the 1st day of March, 
 1871, the Representative Body will consent to Commutation in any United Diocese, 
 including in this term the Diocese of Meath, where three-fourths at least of the 
 Ecclesiastical Persons consent to commute. 
 
 2°. In every such United Diocese as aforesaid, where three-fourths of the 
 Ecclesiastical Persons agree to commute, such of them as desire it shall be paid 
 their incomes quarterly, and an order for the amount shall be sent to them by 
 post on the quarter days. 
 
 3°. In the case of a Commuting Clergyman who hereafter may be offered, and 
 may desire to accept, some other appointment in Ireland, the Representative Body 
 will be prepared to consider all the circumslances of the two Parishes, and to make 
 such arrangements as shall appear to them equitable ; and in particular it will be 
 their desire to facilitate any arrangement necessary to make up the income of every 
 Incumbent to at least £200 per annum. 
 
 i°. In every case in which three-fourths at least of the Ecclesiastical Persons 
 of such United Diocese as aforesaid, shall on or before the 1st day of March, 1871, 
 have consented to commute, every such person shall at the time of Commutation 
 have the right of Composition, on the following terms, viz., that every person of the 
 age of 65 and upwards, may receive two-thirds of his Commutation money, in- 
 cluding the 12 per cent, bonus ; and that for persons of lower ages one-ninetieth 
 part of the whole Commutation money shall be deducted for every year below 65. 
 (See Table II.) 
 
 5°. In any such United Diocese, as aforesaid, where three-fourths or more of 
 the Ecclesiastical Persons have consented to commute, the privilege of Compo- 
 sition of his then existing interest on the terms above stated shall be possessed by 
 any of these Clergymen at any time after the 1st day of March,* 1871, provided 
 that his life shall be insurable at ordinary rates at the time of Composition ; 
 provided, however, that the right of Composition granted by clauses 4° and 5° 
 shall, in any case where the Clergyman applying, has not, previous to his appli- 
 cation, served in the ministry of the Church in Ireland, at any time, for a period 
 of three years, be subject to the discretion of the Representative Body, who shall 
 be at liberty to postpone his Composition until he shall have completed such period 
 of service. 
 
 6°. Every Clergyman, claiming the right of Composition, shall be subject in 
 all respects, to such arrangements with regard to his Glebe House or Lands, and as 
 to the continuance (if he should desire it) of his connexion with his Parish, as the 
 Representative Body may determine. In cases where a Compounding Clergyman 
 shall desire to withdraw from his Parish, he shall be subject to the provisions of 
 the Church Statutes, c. iii. ss. 17, 18. 
 
 * Extended to 1st May in consequence of controversy about Commutation 
 Tables. 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 175" 
 
 7°- Where an Incumbent includes his Glebe House in his Commutation, and 
 thus receives an addition to his income for its full annual value, the Represent- 
 ative Body will, in every case where they shall purchase the House and become 
 its proprietor, allow the Incumbent to use and occupy the same, and the curtilage 
 and garden, at a rent of two-thirds of such annual value j and, in cases where 
 exceptional circumstances appear to them to justify it, a reduction of the rent 
 may be made. The arrangement as to the Land, which may be taken by the 
 Representative Body in addition to the curtilage and garden, must be regulated by 
 the circumstances of each case. 
 
 8°. During the lifetime of the Clergyman who compounds, a sum, equivalent to 
 the interest of the money left by him in the hands of the Representative Body, 
 shall be paid for the performance of the spiritual duties of his Parish, or held in 
 trust for the benefit of the same ; but after the death of such Clergyman, the 
 money, so left in the hands of the Representative Body, shall be considered the 
 property of the Church at large, and not of the particular parish, unless a special 
 agreement shall have been made to the contrary. 
 
 9° Unless there be some cause for special objection, the Representative Body 
 will consent to allocate the whole, or part of the sum, left in their hands by Com- 
 position, for the permanent endowment of the Parish, provided that a like sum be 
 secured to the Representative Body for the same purpose, within one year after the 
 date of Composition ; the sum notwithstanding such special appropriation, to be 
 still subject to the same hen in favour of the Commuting Clergy, as the other 
 portions of the Commutation Fund. 
 
 N.B. — The arrangements in clauses 8° and 9° are to be considered 
 always subject to such amalgamation of Parishes, or such re-arrangement 
 of the boundaries of Parishes or Dioceses, as may hereafter be made by 
 competent authority. 
 
 10'. Various other suggestions have been made to the Representative Body, 
 for the appropriation, to the Parishes of the commuting or compounding Clergy- 
 men, of the money received from their Commutation or Composition, in return 
 for local contributions, either by way of annual subscriptions or donations or 
 the grant of annuities, so as to form permanent endowments for such Parishes. 
 The Representative Body will receive any propositions of this character, which 
 may be made by the Incumbents and their Parishioners (although differing from 
 the present Resolutions), and will give them a most favourable consideration. 
 
 11°. In the case of a Clergyman who commutes but does not compound, the 
 Representative Body will be prepared to advance him so much of the Commu- 
 tation money as may be agreed on, upon the security of his annuity, on the 
 terms set forth in Table III. ; or, in case of his assigning to the Representative 
 Body an approved Policy of Assurance on his life they will advance the money 
 at the rate of i per cent, interest, in addition to the premium payable on the 
 Policy. 
 
 12". The cases of stipendiary Curates, whose stipends are deducted from those 
 of their Rectors, are exceptional ; and each case will be considered upon its 
 merits by the Representative Body. The Table for joint lives, which are requisite 
 in order to decide upon these cases, have not yet been issued by the Commissioners 
 of Church Temporalities. 
 
 13°. A General Commutation of the Incomes of Clerks and Sextons seems 
 desirable, and each Parish is invited to make up annually, while the present 
 holders of the Offices continue to fulfil their duties, the difference between the 
 Interest of the Capital and the Annuities payable j and, where this is done, the 
 Income shall be regarded as a permanent Fund for the benefit of the Parish. Where 
 the services of Clerks and Sextons are not required, they will be allowed to com- 
 pound on the same terms as the Clergy. 
 
 14°. The Representative Body cannot too earnestly appeal to the Diocesan 
 Councils, the Clergy, and the Laity, to have all the details requisite for Com- 
 mutation, if it is to take place at all, fully collected before the 31 st December, 
 1870. (These details should include the, ages of the Clergy, the amounts of 
 building charges, the tenement valuation of Ecclesiastical Residences, and their ' 
 actual value, as well as the value of each site.) Every death among the Clergy 
 occurring after the 1st of January, 1871, and before actual Commutation takes 
 place, will diminish the advantage of Commutation, both in the purchase of 
 Ecclesiastical Residences, and in the amount of the bonus; and each week's 
 
 O 2 
 
176^ RULES ArfD OfiDUKS UlfbER TEtE IftlSfl CiHUBCfi ACT. 
 
 delay, after the eloae of this 5*ear, will probably cost the Church the loss of at 
 least one Clerical life. It is also to be observed that if Commutation be delayed 
 until after the 31st of March, 1871, the Commissioners of Church Temporalities 
 have reserved to themselves the right to investigate the state of health of those 
 applying to commute. 
 
 15°. The Representative Body reserve to themselves the power of considering 
 propositions from individual Ecclesiastical Persons in reference to both Commut- 
 ing and Compounding, and of granting more favourable terms than those offered 
 by the foregoing Resolutions, in cases in which it appears to them proper to 
 do so. 
 
 16°. An agreement which each commuting Clergyman will be required to sign, 
 is subjoined.* Its provisions secure for him the same rights and privileges as he 
 would have had, if he had not commuted. 
 
 Signed by order of the Representative Body, 
 
 THOMAS GREENE, 
 
 19<A November, 1870. Secretary. 
 
 Table I. — Table for the Commutation of Life Interests 
 - adopted by the Commissioners of Church Temporalities. 
 [See ante, General Rules, No. II.] 
 
 Table II. — Table showing the Composition Values of an An- 
 nuity of £10 on the Scale agreed to by the Representative 
 Body. 
 
 
 Number of 
 Years' 
 
 Number 
 
 Composition 
 
 
 Number of 
 Years' 
 
 Number 
 
 Composition 
 
 Value of 
 
 an Annuity of 
 
 £10. 
 
 Age. 
 
 Purchase, 
 with 
 
 of Nine- 
 tieths. 
 
 Valuo of 
 an Annuity of 
 
 Age. 
 
 Purchase, 
 with 
 
 of Nine- 
 tieths. 
 
 
 VI per cent. 
 
 
 £10. 
 
 
 12 per cent. 
 
 
 
 
 
 £ s. d. 
 
 
 
 
 £ s. d. 
 
 23 
 
 20.825 
 
 18 
 
 41 13 
 
 44 
 
 16.872 
 
 39 
 
 73 2 3 
 
 24 
 
 20.736 
 
 19 
 
 43 15 6 
 
 45 
 
 16.574 
 
 40 
 
 73 13 3 
 
 25 
 
 20.643 
 
 20 
 
 45 17 6 
 
 46 
 
 16.263 
 
 41 
 
 74 1 10 
 
 26 
 
 20.541 
 
 - 21 
 
 47 18 7 
 
 47 
 
 15.932 
 
 42 
 
 74 7 
 
 27 
 
 20.412 
 
 22 
 
 49 17 11 
 
 48 
 
 15.591 
 
 43 
 
 74 9 2 
 
 28 
 
 20.274 
 
 23 
 
 51 16 3 
 
 49 
 
 15.240 
 
 44 
 
 74 10 2 
 
 29 
 
 20.127 
 
 24 
 
 53 13 5 
 
 50 
 
 14.884 
 
 45 
 
 74 8 5 
 
 30 
 
 19.971 
 
 25 
 
 55 9 6 
 
 51 
 
 14.527 
 
 46 
 
 74 5 
 
 31 
 
 19.807 
 
 26 
 
 57 4 5 
 
 52 
 
 14.182 
 
 47 
 
 74 1 3 
 
 32 
 
 19.635 
 
 27 
 
 58 18 2 
 
 53 
 
 13.842 
 
 48 
 
 73 16 6 
 
 33 
 
 19.454 
 
 28 
 
 60 10 6 
 
 54 
 
 13.510 
 
 49 
 
 73 11 1 
 
 34 
 
 19.261 
 
 29 
 
 62 1 4 
 
 55 
 
 13.183 
 
 50 
 
 73 4 10 
 
 35 
 
 19.059 
 
 30 
 
 63 10 8 
 
 66 
 
 12.868 
 
 51 
 
 72 17 9 
 
 36 
 
 18.847 
 
 31 
 
 64 18 4 
 
 57 
 
 12.546 
 
 52 
 
 72 9 9 
 
 37 
 
 18.628 
 
 32 
 
 66 4 8 
 
 58 
 
 12.230 
 
 53 
 
 72 5 
 
 38 
 
 18.402 
 
 33 
 
 67 9 6 
 
 59 
 
 11.909 
 
 54 
 
 71 9 2 
 
 39 
 
 18.172 
 
 34 
 
 63 13 
 
 60 
 
 11.583 
 
 55 
 
 70 15 9 
 
 40 
 
 17.935 
 
 35 
 
 69 14 11 
 
 61 
 
 11.243 
 
 56 
 
 69 19 1 
 
 41 
 
 17.689 
 
 36 
 
 70 15 1 
 
 62 
 
 10.887 
 
 57 
 
 68 19 
 
 42 
 
 17.427 
 
 37 • 
 
 71 12 11 
 
 63 
 
 10.518 
 
 58 
 
 67 15 9 
 
 43 
 
 17.166 
 
 38 
 
 72 8 9 
 
 64 
 
 10.150 
 
 59 
 
 66 10 10 
 
 44 
 
 . 16.872 
 
 39 
 
 73 2 3 
 
 65 
 
 9.783 
 
 60 
 
 65 i 6 
 
 N.B. — For explanation of this Table see Resolution 4° of the preceding Resolu- 
 tions of the Representative Church Body. 
 
 * See agreement in Report of the Representative Church Body for 1871. 
 
BWiES AND ORDERS UNDER THE IRISH CHURCH ACT. 177 
 
 Table III. — Table showing the Amount to be Deducted from 
 Annuity for each £100 of Commutation Money advanced by 
 the Representative Body. 
 
 Age. 
 
 Amount 
 
 Ago. 
 
 -Amount 
 
 
 
 to be deducted. 
 
 to be deduoted. 
 
 Age. 
 
 to be deduoted. 
 
 
 £ s. d. 
 
 
 £ s. d. 
 
 
 £ s. d. 
 
 23 
 
 5 17 2 
 
 41 
 
 6 16 2 
 
 59 
 
 10 2 
 
 24 
 
 5 17 7 
 
 42 
 
 G 18 2 
 
 60 
 
 10 5 9 
 
 25 
 
 5 18 
 
 43 
 
 7 3 
 
 61 
 
 10 12 
 
 26 
 
 5 18 7 
 
 44 
 
 7 2 6 
 
 62 
 
 10 18 9 
 
 27 
 
 5 19 3 
 
 45 
 
 7 5 
 
 63 
 
 11 6 5 
 
 28 
 
 6 
 
 46 
 
 7 7 7 
 
 64 
 
 11 14 7 
 
 29 
 
 6 9 
 
 47 
 
 7 10 8 
 
 65 
 
 12 3 7 
 
 30 
 
 6 18 
 
 48 
 
 7 13 10 
 
 66 
 
 12 13 
 
 31 
 
 6 2 6 
 
 49 
 
 7 17 3 
 
 67 
 
 13 2 6 
 
 32 
 
 6 3 6 
 
 50 
 
 8 11 
 
 68 
 
 13 12 8 
 
 33 
 
 6 4 7 
 
 51 
 
 8 4 9 
 
 69 
 
 14 3 7 
 
 34 
 
 6 5 9 
 
 52 
 
 8 8 9 
 
 70 
 
 14 15 3 
 
 35 
 
 6 7 
 
 53 
 
 8 12 7 
 
 71 
 
 15, 7 6 
 
 36 
 
 6 8 4 
 
 54 
 
 8 17 
 
 72 
 
 16 6 
 
 37 
 
 6 9 9 
 
 55 
 
 9 12 
 
 73 
 
 16 14 10 
 
 38 
 
 6 11 3 
 
 56 
 
 9 5 7 
 
 74 
 
 17 11 1 
 
 39 
 
 6 12 10 
 
 57 
 
 9 10 2 
 
 75 
 
 18 9 8 
 
 40 
 
 6 14 5 
 
 58 
 
 9 15 
 
 
 
 N.B. — For explanation of this Table, see Resolution 11° of preceding Resolu- 
 tions of the Representative Church Body. 
 
 Table IV.- 
 
 -Composition Table for Clerks, Sextons, &c. 
 
 
 Composition Value 
 
 Composition Value 
 
 Composition Value. 
 
 Ago. 
 
 of an Annuity 
 
 of an Annuity 
 
 of an Annuity 
 
 
 of £5. 
 
 of £8. 
 
 of £10. 
 
 
 £ s. d. 
 
 £ s. d. 
 
 £ s. d. 
 
 25(a) 
 
 20 9 7 
 
 32 15 4 
 
 40 19 ■ 2 
 
 W 
 
 22 5 
 
 35 4 8 
 
 44 10 
 
 30(a) 
 
 24 15 3 
 
 39 12 6 
 
 49 10 7 
 
 35(a) 
 
 26 11 
 
 42 9 8 
 
 53 2 
 
 28 7 5 
 
 45 7 7 
 
 56 14 6 
 
 (4) 
 40(a) 
 
 30 10 5 
 
 48 16 9 
 
 61 10 
 
 31 2 9 
 
 49 16 4 
 
 62 5 6 
 
 (6) 
 
 33 19 8 
 
 54 7 6 
 
 67 19 4 
 
 45(a) 
 
 32 17 8 
 
 52 12 3 
 
 65 15 4 
 
 (*) 
 
 36 10 10 
 
 68 9 4 
 
 73 1 8 
 
 50(a) 
 
 33 4 5 
 
 53 3 1 
 
 66 8 11 
 
 lb} 
 55(a) 
 
 37 19 8 
 
 60 15 8 
 
 75 19 4 
 
 32 14 
 
 52 6 3 
 
 65 7 11 
 
 (4) 
 60(a) 
 
 (*) 
 
 37 19 4 
 
 60 15 
 
 75 18 8 
 
 31 12 
 
 50 11 2 
 
 63 4 
 
 36 13 
 
 58 12 10 
 
 73 6 
 
 65(a) 
 
 29 2 4 
 
 46 11 9 
 
 58 4 9 
 
 (65 
 
 33 18 11 
 
 54 6 4 
 
 67 17 10 
 
 (a) Malb Lives. (6) Femam: Lives. 
 
178 PULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 The foregoing Table shows the Composition Values of different 
 Annuities of Church Officers at different Ages, on the Scale laid down by 
 the Representative Body. 
 
 [By- this Scale Church Officers of the age of 65 and upwards receive two-thirds 
 
 of their Commutation Money; those of lower ages receive the same proportion, 
 reduced by one-ninetieth part of the whole Commutation Money, for every year 
 below the age of 65.] 
 
 The Money left in the hands of the Representative Body, arising from 
 the difference between the Commutation and Composition Value of the 
 Annuities of Church Officers, is invested at 4 per cent, for the benefit of 
 the Parish, and on the recommendation of the Diocesan Council, can 
 be handed over to the Select Vestry. The Composition Value in each 
 case is paid to the Annuitant by the Commissioners. For Gross Amount 
 of Commutation Money, see Table (ante, General Rules, No. II.) of 
 Commissioners. 
 
 Statement of the reasons which led the Representative Body to recommend a 
 General Commutation as safe to the Commoting Clergy and beneficial to 
 the Church, on the Table for the Commutation of Life Interests, proposed 
 by the Commissioners of Church Temporalities. 
 
 The Bepresentative Body have recommended General Commutation as safe to 
 the Clergy and beneficial to the Church, even on the Table which has lately been 
 the subject of controversy ; and they now state briefly some of the reasons which 
 have led them to this conclusion. 
 
 As it was evident that the financial results of Commutation would, to a great 
 extent, depend upon the correctness of the estimate of the Expectancy of Life, 
 upon which the Table was calculated, the Bepresentative Body submitted that 
 Table to an eminent Actuary, Dr. Farr, for his opinion. 
 
 Dr. Farr reported, that in his opinion it was based upon too low an estimate 
 of the value of Clerical Life, and that to form a Table that would be perfectly 
 reliable, the experience of Life Duration should be collected from classes resembling 
 in social position and personal habits that particular class which it was proposed 
 to deal with. 
 
 The Commissioners of Church Temporalities were furnished with a copy of this 
 opinion, but they refused to make any alteration in the Table which they had 
 originally sanctioned, and they afterwards refused even to leave the correctness of 
 the Table to the arbitration of Actuaries. 
 
 The Representative Body then determined to obtain the advice of another 
 Actuary, and they consulted Mr. Sprague, a gentleman of great experience, who 
 also gave it as his opinion that they were entitled to a better Life Table. 
 
 The Representative Body themselves believed that by the terms of the Irish 
 Church Act they were entitled to have the true value of Clerical Life estimated in 
 the Table, and to have the 12 per cent. Bonus in addition. But they were 
 advised that any attempt to enforce their view of the case against the Commis- 
 sioners would be. doubtful in result, and attended with serious delay and expense. 
 
 The Representative Body then had to consider whether the insufficiency of the 
 Life Table was or was not so important as to be overbalanced by other sources 
 of profit arising from Commutation. The result of their inquiries was a conviction 
 that the gain from the Bonus will be greater than the loss from the insufficiency 
 of the Table. 
 
 That this may be generally understood, they will state the result in the case of 
 a life aged 50 years (which is an approximate average) : — 
 
 The Commutation value of an Annuity of £100 a-year at the age of 50 
 would be according to the Commissioners' Table £1,329, and according to 
 Dr. Farr's Table £1,452, but with 12 per cent. 'added to the former would 
 be £1,488. (A Table is appended showing similar calculations for the differ- 
 ent ages from 25 to 75 years.) 
 
•KULES AND ORDERS UNDER THE IRISH CHURCH ACT. 179 
 
 Table stowing the Number of Years' Purchase. 
 
 
 Mr. FlNLAISON, 
 
 
 Mr. FlNLAISON, 
 
 Ago. 
 
 without 
 the 12 per cent. 
 
 Dr. Fahr. 
 
 with the 
 12 per cent. 
 
 
 Bonus. 
 
 
 Bonus. 
 
 25 
 
 18.431 
 
 20.193 
 
 20.643 
 
 80 
 
 17.831 
 
 19.387 
 
 19.971 
 
 35 
 
 17.017 
 
 18.436 
 
 19.059 
 
 40 
 
 16.013 
 
 17.312 
 
 17.935 
 
 45 
 
 14.798 
 
 16.005 
 
 16.574 
 
 50 
 
 13.289 
 
 14.520 
 
 14.884 
 
 55 
 
 11.771 
 
 12.863 
 
 13.183 
 
 60 
 
 10.342 
 
 11.040 
 
 11.583 
 
 65 
 
 8.735 
 
 9.246 
 
 9.783 
 
 70 
 
 7.210 
 
 7.551 
 
 8.075 
 
 75 
 
 5.778 
 
 6.007 
 
 6.471 
 
 Thus it appears, that when the 12 per cent, is obtained, the sum received is in 
 excess of the highest value set by any Actuary on the Annuity. 
 
 It was further ascertained from the Commissioners for the Reduction of the 
 National Debt, that the Representative Body would have the option to re-convert 
 any portion of the Commutation money into Government Annuities on the same 
 Life Table as that used for Commutation. 
 
 It is not however the intention of the Representative Body to purchase An- 
 nuities in the names of the Commuting Clergymen. Any Annuities which may 
 be purchased for their lives will be vested in the Representative Body. They will 
 not be the separate property of the particular Clergymen for whose lives they may 
 have been taken (and who will be regarded merely as the Nominees of the Repre- 
 sentative Body), but will still be a part of the general fund upon which the entire 
 Annuities of the whole Commuting Clergy will be secured. It will thus not add 
 materially to the security of any individual Clergyman that his particular Annuity 
 should be one of those selected for such conversion. But each individual will 
 share in the benefit, if the whole fund shall be in this way made absolutely secure. 
 
 Further, it is not the immediate intention of the Representative Body to make 
 an extensive purchase of Government Annuities in their own name. For in the 
 first place, the purchase of these Annuities will be attended with a loss of about 
 4 per cent, on the Bonus ; again, while it is important that Commutation should 
 take place at once, the inverse process of purchasing Government Annuities may be 
 performed at any time ; and moreover, there are many beneficial financial operations 
 with which such purchase might interfere. The Representative Body therefore pro- 
 pose to reserve this power, to be exercised whenever it is necessary to guard against 
 a loss from the magnitude of the risk. 
 
 The Representative Body think that they were warranted in claiming a more 
 favourable Table ; but although they have not succeeded in obtaining such, they 
 are satisfied that any disadvantage arising from the table which the Commissioners 
 have selected will be more than compensated by — 
 
 The Bonus of 12 per cent. 
 
 The gain in the commutation of Glebe Houses. 
 
 The gain in the rate of interest. 
 
 The power of Composition. 
 
 The advantage to the Clergy of being able to obtain an Advance of Money on 
 
 favourable terms under Table 3. 
 The advantage of having the Commutation Fund as a basis for Diocesan or 
 
 Parochial arrangements. 
 
180 RUIES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 III. Rules op the Representative Church Body as to Glebes 
 (adopted 18th December, 1872). 
 
 The Representative Body of the Church of Ireland having finally- 
 arranged with the Commissioners of Church Temporalities the terms for 
 purchase of the Ecclesiastical Residences, with such additional lands as, 
 under Section 28 of the-" Irish Church Act," they may beentitled to have 
 vested in them, have reviewed the resolutions which at various times they 
 have passed in reference to Glebe Houses and Lands, and after adapting 
 them to the circumstances of the contract by which they are now bound, 
 make the fallowing Rules. 
 
 [N.B. — In the Rales, the word " Residence" shall mean and include the Glebe 
 House, Garden, and Curtilage; the words " commutation Value," the gross annual 
 value set upon the particular property, whether residence or laBd, by the Commis- 
 sioners of Church Temporalities, .for the purpose of commutation; the words 
 " additional lands," such portion of lands, as, pursuant to the 28th Section of the 
 " Irish Church Act," shall! be vested in the Representative Body, along with the 
 residences, by order of the said Commissioners; and the word "parish" shall 
 include "parochial district," omther district for ecclesiastical purposes annexed to 
 a Church.] 
 
 As to Commuting Incumbents who were Appointed to their 
 Present Benefices before the passing of the " Irish Church 
 Act." 
 
 1. In the case of any Commuting Incumbent who was appointed to his 
 present Benefice before the passing of the " Irish Church Act," he is to 
 be charged for the Residence an annual sum equal to two-thirds of its 
 commutation value, and for the "additional lands" (if any) an annual 
 sum equal to the entire of their commutation value. 
 
 2. In the same ease, the Representative Body undertake to repay the 
 Incumbent all taxes which he shall pay in respect of the aforesaid 
 premises, with the exception of Income-tax for occupation under Schedule 
 B ; provided that such taxes shall not exceed one-fourth of the commuta- 
 tion value, in which case the excess shall be paid by the tenant. The 
 Representative Body will also make all landlord's repairs, that is, external 
 repairs and repairs of a permanent character ; they will paint the house 
 externally so often as they shall consider necessary ; and either keep the 
 house insured in a proper sum, or become their own insurers to the same 
 extent. 
 
 3. Where the Parish shall provide the entire purchase-money requisite 
 to purchase the Residence and additional lands, or if no additional lands 
 shall be vested along with the Residence, then to purchase the Residence 
 the Representative Body will, during the incumbency of an Incumbent 
 appointed to his present Benefice before the passing of the " Irish Church 
 Act," credit to the Parish the entire net profits arising from the rent or 
 rents paid by such Incumbent, after deducting for repairs, insurance, and 
 other outgoings, in such manner as the Select Vestry of the Parish may 
 from time to time direct. A similar privilege will be granted to a Dioeese, 
 in case it shall provide the entire purchase-moneys requisite to pay for all 
 the Residences and additional lands within the Diocese which shall be 
 left unpurchased by the Parishes. 
 
 4. If the Parish shall not provide the whole purchase-moneys requisite 
 to pay for both the Ecclesiastical Residence and additional lands, but 
 either the Diocese or Parish shall contribute towards the purchase of both 
 
PULES AND OBDEES UNDER THE IRISH CHURCH ACT. 181 
 
 a sum equal to ten years' purchase of the annual value of the Residence, 
 as estimated by the general tenement valuation, the Representative Body, 
 during such incumbency, as aforesaid, will credit the net profits from the 
 r,ent for the Residence to the Diocese or Parish, as the case may be, 
 according to the directions of the Diocesan Council or Select Vestry of 
 the Parish. 
 
 5. Where the Parish shall contribute less than the amount required by 
 Clauses 3 and 4, it shall receive from the net profit-rent or rents a credit 
 according to the proportion which its contribution bears to the aggregate 
 amount of , the actual price of the lands, and of a sum equal to ten years' 
 value of the Residence, as defined in Clause 4 ; but this benefit shall not 
 extend to fractional parts of .£50, and on the other side fractional 
 parts of £50 will not be computed as part of the price, except in cases 
 where the portion of the purchase-money unredeemed shall be less than 
 £5Q. A similar principle shall apply in estimating the annual credit to 
 be given to a Diocese which shall, supply, not the whole, but a part of 
 the purchase-moneys requisite to purchase all the Residences and addi- 
 tional, lands within the Diocese which shall be left, unpurchased by the 
 Parishes. « 
 
 As to Incumbents Appointed to their Benefices subsequent to 
 the passing of the " Irish Church Act." 
 
 6. In the case of an Incumbent appointed to a Benefice subsequent to 
 the passing of the Church Act, where the entire of the purchase-money 
 for both the Ecclesiastical Residence and additional lands, or if there 
 shall be no additional lands vested along with the Residence, then for the 
 Residence, is provided by the Parish,. such Incumbent shall pay an annual 
 sum for the Residence calculated to cover repairs and insurance, and 
 shall pay no rent for the lands ; but he shall be bound to pay all taxes 
 and rates, including landlord's proportion of poor-rate and grand jury 
 cess, payable in respect of the Residence and lands. The rate at present 
 fixed for insurance and repairs is £15 per cent, per annum upon the 
 commutation value of the Residence ; but this rate being fixed upon an 
 estimate made before the test of experience has been applied, the 
 Representative Body reserve the power of varying it from time to time. 
 
 7. Where the entire of the purchase-money for both the Ecclesiastical 
 Residence and additional lands, or if there shall be no additional lands 
 vested along with the Residence, then for the Residence, shall be supplied 
 out of the £500,000 given by the Church Act, in lieu of private endow- 
 ments, in discharge of claims established against said fund, an Incumbent 
 appointed since the Church Act shall hold upon the terms specified in 
 Clause 6. 
 
 8. Where part of the purchase-money for both the Residence and 
 additional lands, or if no additional lands shall be vested, for the Resi- 
 dence alone, shall be supplied from the £500,000 given by the Church 
 Act in discharge of claims established against the said fund, and the 
 remainder is supplied by the Parish, an Incumbent appointed since the 
 Church Act shall hold upon the terms specified in Clause 6. 
 
 9. Where a Diocese shall supply the' entire of the purehaseTJnoneys 
 requisite to purchase all the Residences and additional lands within the 
 Diocese which shall be left unpurchased by the Parishes, the Incumbents 
 of the Parishes in which the Residences and additional lands thus 
 purchased by the Diocese are situate, shall hold the Residences and lands 
 respectively upon the terms specified in Clause 6. 
 
 10. Wherever the Representative Body out of their own Funds,, and hat 
 
182 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 in discharge of claims established against the £500,000 given by the 
 Church Act in lieu of private endowments, shall supply the whole or 
 part of the purchase-money requisite to buy the residence and additional 
 lands, or either of them, they will, in the case of an Incumbent appointed 
 since the passing of the Irish Church Act, require such an annual rent 
 or rents to be reserved as shall provide for the Representative Body a 
 clear return of £4 5s. per cent, per annum upon the capital sum ad- 
 vanced by them over and above all head-rents, rates, taxes, and other 
 outgoings of every kind, including landlord's proportion of poor-rate and 
 grand jury cess, together with £15 per cent, per annum on the com- 
 mutation value of the house, or such other per-centage as the Repre- 
 sentative Body may from time to time impose, to cover landlord's repairs 
 and insurance. 
 
 1 1. So far as the rent or rents payable under Clause 10 is composed 
 of interest on the capital advanced by the Representative Body, any 
 Diocese or Parish may hereafter reduce same, by repaying the Repre- 
 sentative Body the whole or part of its advance, such reduction to be 
 calculated at the rate of £4 5s. per cent, per annum, for every £100 paid 
 to the Representative Body. 
 
 1 2. If an Incumbent appointed to a Benefice subsequent to the passing 
 of the Church Act shall move from a former Benefice, and that the 
 residence and additional lands (if any) of such vacated Benefice are 
 included in the life interest compensated by his annuity, such case shall, 
 when it occurs, be considered upon its own merits, and the terms upon 
 which such Incumbent shall hold the Residence and lands of the Benefice 
 to which he has been appointed, be then arranged, anything hereinbefore 
 expressed to the contrary notwithstanding. 
 
 As TO ALL CASES OF PURCHASE OF RESIDENCES AND LANDS. 
 
 13. Where a Parish has substantiated a claim against Primate 
 Boulter's Fund, the Select Vestry of the Parish may, with the assent of 
 the Diocesan Council, direct that the money awarded by the Repre- 
 sentative Body, in satisfaction of such claim, shall be applied in or 
 towards the purchase of the Residence and additional lands (if any) of 
 such Parish. In this case, during the incumbency of an Incumbent 
 appointed before the Church Act, the Parish shall not receive any benefit 
 from the investment ; and the rent payable by such Incumbent to the 
 Representative Body shall be the same as is defined in Clause 1 ; but 
 after the death or other vacancy of such Incumbent, and in all cases 
 during the incumbency of an Incumbent appointed subsequent to the Act, 
 the Rules affecting a contribution of equal amount from the private 
 resources of the Parish for the same purpose, shall be applicable to the 
 money thus supplied. The same Rules shall apply to any other case in 
 which a Glebe House and lands shall be purchased out of the £500,000 
 given in lieu of private endowments. 
 
 14. Where any Parish Clerk or Sexton has commuted, the Select 
 Vestry of the Parish of such Clerk or Sexton may, with the assent of the 
 Diocesan Council, direct that the portion of his commutation money re- 
 tained by the Representative Body shall be applied towards purchasing the 
 Residence or lands of such Parish ; and in this case the Rules affecting 
 a contribution of equal amount from the private resources of the Parish 
 for the same purchase, shall be applicable to the money thus supplied. 
 
 15. Where a Glebe is subject to a rent, the Representative Body 
 reserve power to vary and modify the foregoing Rules, and substitute 
 such special agreement as may be suitable to the case. 
 
RULES AND OEDEES UNDER THE IRISH CHURCH ACT. 183 
 
 16. Where the entire price of the Kesidence and additional lands, or 
 if there shall be no additional lands vested in the Representative Body, 
 then of the Eesidenoe, shall be provided by the Parish, and such 
 Residence and lands being afterwards found unsuited to the circumstances 
 of the Parish, shall be disposed of — in this case, the produce of the sale 
 shall be expended in purchasing and maintaining a new and suitable 
 Ecclesiastical Residence and lands for the Parish, if and when the same 
 shall be required, and until then the income arising from the produce 
 shall be applied otherwise for the benefit of the Parish. 
 
 1 7. Where the Select Vestry of a Parish, or any of the parishioners 
 with assent of the Select Vestry, shall obtain a loan from the Board of 
 Works, for the purchase or repair of a Glebe House, pursuant to the 
 provisions of the Statutes 33 & 34 Vict., ch. 112, and 34 & 35 Vict., 
 ch. 100, the Representative Body will facilitate the loan.* 
 
 IV. Rules for the Management of Burial Grounds, vested 
 pursuant to 26th Section of "The Irish Church Act, 1869,' 
 in the Representative Chuech Body (being a Statute enacted 
 by the General Synod of the Church of Ireland in 1873). 
 
 Whereas by " The Irish Church Act, 1869," it is provided that where 
 any church is in actual use at the time of the passing of said Act, and 
 the Representative Church Body therein defined shall, at any time within 
 six months after the First of January, 1871, apply to the Commissioners, 
 stating that they require stieh church for religious purposes, or for the 
 purpose of taking the same down, and erecting or enlarging another 
 church or churches in lieu thereof, the Commissioners shall by order vest 
 the church in the said Representative Body, subject to any life-estate or 
 interest that is existing therein ; and that when any church so vested in 
 the said Representative Body has a burial-ground annexed or adjacent 
 thereto, but not separated therefrom by any carriage highway, or that 
 has been granted by a private donor to, or exclusively used by, the 
 parishioners attending the said church, such burial-ground shall be 
 included with the church in the order made by the Commissioners, subject 
 to any life-estate or interest subsisting therein, and pass to the said 
 Representative Body accordingly, but without prejudice to such rights 
 of, or in respect of, burial as may be subsisting therein, or may be there- 
 after declared to subsist therein by Act of Parliament ; 
 
 And whereas it is expedient that rules for the management of burial- 
 grounds so vested, or which shall hereafter become vested, in the said 
 Representative Body, and also respecting mural tablets and monuments, 
 and burials in church-yards, and in vaults under churches, should be 
 enacted by the General Synod of the Church of Ireland : 
 
 Be it therefore enacted that the following rules shall be in force from 
 the passing of this Statute in respect of mural tablets, of monuments, of 
 burials in church-yards, or in vaults under church-yards, and in respect 
 of every burying-ground so vested in the said Representative Body, 
 wherein there is not dow subsisting any life-estate preserved by the said 
 recited Act, and in respect of all others so vested, from and after the 
 termination, by surrender or otherwise, of the life-estates subsisting in 
 the same respectively. 
 c 
 
 * See instructions and statutes as to obtaining Glebe Loans, page 63. 
 
184 RULES AND OEDEES UNDEE THE IEISH CHUECH ACT. 
 
 1 . The care of such burying-gf ounds is hereby entrusted to the Minis- 
 ters and Churchwardens of the several churches to which the same are 
 respectively annexed, but subject to the control of the said Representative 
 Body; and in order to the protection of the same, the Minister and 
 Churchwardens may prevent trespass, or other unlawful use of or inter- 
 ference with, the same, and act on behalf and in the name of the said 
 Representative Body, in any proceedings requisite for the purpose. But 
 all costs and expenses incurred by such proceedings shall be paid by the 
 said Minister and Churchwardens to the .said Representative Church 
 Body, and, in case the Select Vestry shall have approved of such proceed- 
 ings, shall be charged to the account of the parish. 
 
 2. In every case where there is a road or avenue specially appropriated 
 by deed or otherwise to any such burying-ground, the care and protection 
 of the same is hereby entrusted to the same parties as by this Act are 
 charged with the conservancy of the burying-ground itself. 
 
 3. Where, by faculty or prescription, the members of a family have 
 acquired a right to be buried in a particular place in any such burying- 
 ground as aforesaid, such right shall, in conformity with the provisions in 
 that behalf of the said recited Act, be acknowledged, and effect shall be 
 given to the same by the Minister and Churchwardens charged with the 
 care thereof. 
 
 4. When members of a family have been buried in a particular place, 
 although it may have occurred not in the exercise of a right, the Minister 
 and Churchwardens shall nevertheless guard against interfering with such 
 use of such place, unless on grounds of imperative public convenience or 
 necessity. 
 
 5. Except in cases where such right or user exists, the Minister and 
 Churchwardens shall determine the place of sepulture. 
 
 6. No corpse shall be buried within 12 feet of the fabric of the church, 
 except in a vault heretofore lawfully used for sepulture, and having its 
 sole entrance from outside the walls, or in a vault or. substantially built 
 enclosure adjacent thereto, which at present exists. 
 
 7. No corpse shall be disinterred or removed, except on a warrant from 
 the Coroner or other authorized officer, or by the authority of a faculty 
 from the Bishop's Court. 
 
 8. The Select Vestry of the church to which the burying-ground is 
 annexed shall appoint a grave-digger, who shall be entitled to such reason- 
 able fee as the Select Vestry may appoint, for digging a grave ; unless 
 the same be otherwise provided for, with the consent of the Select 
 Vestry. 
 
 9. The Minister and Churchwardens shall have power to permit head- 
 stones, flatstones, railings, and vaults to be erected and made ; and shall 
 be entitled to charge such fees for the erection of the same, and for burial 
 in such vaults, and in those already made, and in graves, respectively, as 
 the Select Vestry shall appoint, with the consent of the Diocesan Council ; 
 and provided that no inscriptions be allowed upon such erections, unless 
 previously approved of by the Minister, with an appeal to the Ordinary. 
 
 10. The Select Vestry of each church shall fix a scale of fees for mural 
 tablets ; but in case of leave to erect monuments being applied for and 
 given, pursuant to the Canon in that behalf, the Select Vestry shall fix 
 on each occasion the fee to be charged for the permission. 
 
 11. All fees receivable under this Act, except the gravedigger's fees, 
 shall be received by the Minister and Churchwardens, or such person as 
 they shall authorize, and shall be expended in keeping the church and 
 burying-ground in good order and repair, and any surplus shall be applied 
 by the Select Vestry to such use as they may think fit, subject to the pro- 
 
RULES AND ORDERS UNDER Tills IRISH CHURCH ACT.. j|5 
 
 visions of the constitution of the Church of Ireland, chap. 1, sec. 76, and 
 all such receipts and expenditure shall be accounted for by them to the 
 said Representative Body. 
 
 12. In case of Cathedrals, not having Churchwardens, but having 
 Cathedral Boards or Cathedral Select Vestries, such Cathedral Boards 
 or Cathedral Select Vestries shall, as to such Cathedrals and the burial- 
 grounds attached thereto, have and exercise all the same duties, powers, 
 and authorities as are hereby assigned to Churchwardens ; and for the 
 purposes of this Statute the Deans, or,- in their- absence, the Sub-Deans, 
 of such Cathedrals shall be considered to be the Ministers thereof. 
 
 13. Provided always that any person aggrieved by the refusal of the 
 Ordinary, Minister, Churchwarden, or the Select Vestry, or otherwise, in 
 the premises, shall have the right to appeal, to the Diocesan Court, which 
 Court shall have full authority to hear and determine such appeal ; and an 
 appeal from said Court shall in all cases lie to the Court of the General 
 Synod, which shall have full authority to hear and determine the same. 
 
 14. Nothing in this Act contained shall be taken to interfere with any 
 existing right. 
 
 Section 5. 
 
 General Instructions issued by The Commissioners of 
 
 Church Temporalities in Ireland. 
 
 I. Instructions as to Sale of Perpetuities. 
 
 (a.) Circular to Immediate Tenants op Church Lands. 
 
 June 8th, 1870. 
 
 The attention of tenants of See lands, holding under leases for twenty- 
 one years, customarily renewable, is directed to the terms on which they' 
 may now purchase a perpetual interest in such lands.* 
 
 It is impossible to state exactly to what extent the position of the 
 tenant is improved under the new regulations, or what the average dif- 
 ference in the purchase-money of a perpetuity under the old and under 
 the new regulations is ; but it will be found, on investigation, that the 
 conditions of sale will now be generally very much more favourable to the 
 purchaser than they have hitherto been. 
 
 Every tenant, moreover, may now easily ascertain for himself the 
 amount approximately which will be necessary to purchase a perpetuity 
 in his own case. 
 
 For convenience of comparison, some examples of the calculation of the 
 purchase-money of a perpetuity, under the old and new regulations re- 
 spectively, are subjoined. 
 
 All holders of See lands are further reminded of the altered position 
 in which they stand since the passing of the Irish Church Act. Tenants 
 holding directly under an archbishop or bishop are now liable at any time 
 to come under the provisions of the 3rd paragraph of the 12th section of 
 the Act, a copy of which paragraph is appended! to this circular for their 
 information. 
 
 Tenants holding under the Commissioners of Church Temporalities in 
 Ireland only retain their right to purchase perpetuities till the 1st January, 
 1874, under the 31st section. After that date they will come under the 
 provisions of the 5th paragraph of the 34th section. A copy of these 
 clauses is also annexed, t 
 
 By Order of the Commissioners of Church Temporalities in Ireland, 
 
 Denis Godlev, Secretary. 
 
 * For General Order of the Commissioners, see ante, General Rules, No. II. 
 \ For.clauses rejerred.to, see "The Irish Church Act,, 1869." , 1 . u -„, 
 
186 rules and orders under the irish church act. 
 
 Examples. 
 
 No. 1.— Case of a Lease for Twenty-one years, held under the See of 
 
 Clogher. 
 Former mode of Calculation. 
 Gross annual value, . . . £386 10 1 
 
 Deduct annual rent and fees, and 
 fine and fees, . . . . 57 s i 
 
 £329 4 9 
 
 H K?,£ilr £6,M4 " °l £6 - 3 21 7 2 value of fee. 
 minus 4 per cent. = . > ' 
 
 Gross annual value, . . . £386 10 1 
 
 Deduct annual rent and fees, . 7 5 4 
 
 £379 4 9 
 Multiplied by 12-821 = . . . £4,862 3 11 {^t ° r £ e t g t nant,S 
 
 Purchase-money, based on former mode of calculation, £1,459 3 3 
 
 Present mode of Calculation. 
 Gross annual value, . . . £386 10 1 
 
 Deduct annual rent and fees, and 
 fine and fees, . . . . 57 5 i 
 
 £329 4 9 
 
 Multiplied by 20 = £6,584 15 0) .,.„,„ „ , , , 
 minus 4 per cent. = . . f £6 ' 321 7 2 va,ue of fee " 
 
 Do. do. 17* = ... £5,761 13 1 lvalue of tenant's 
 
 ( interest. 
 
 Purchase-money, based on present mode of calculation, £559 14 1 
 
 No. 2. — Case of a Lease for Twenty-one years, held under the See of 
 
 Killala. 
 Former mode of Calculation. 
 Gross annual value, . . . £554 
 
 Deduct annual rent and fees, and 
 fine and fees, .... 137 7 10 
 
 £416 12 2 
 
 Multiplied by 20 = £8,332 3 41 „„„„„.,„ „, , 
 minus 4 per cent. = . / £7 ' 99S " 7 1 Talue of fee - 
 
 Gross annual value, . . . £554 
 
 Deduct annual rent and fees, . . 26 13 1 
 
 £527 6 11 
 
 Multipled by 12-821 = . . £6,761 2 0} l TaIne , .<* ten " 
 
 4 I ant s interest. 
 
 Purchase-money,based on former mode of calculation, £1,237 15 6 
 
 Present mode of Calculation. 
 Gross annual value, . . . £554 
 
 Deduct annual rent and fees, and 
 fine and fees, . . . . ] 37 7 10 
 
 £416 12 2 
 
 Multiplied by 20 = £8,332 3 4) „„„„„,„ „, , 
 minus 4 per cent. - . . } £ 7,998 17 7J value of fee. 
 
 Do. do. 17* - . . . 7,290 12 11 4 TOlu f, - of ten - 
 
 ( ant s interest. 
 
 Purchase-money, based on present mode of calculation, £708 4 8 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 187 
 
 No. 3. — Case of a Lease for Twenty-one years, held imder the See of 
 
 Armagh. 
 
 FORMER MODE OP CALCULATION. 
 
 Gross annual value, . . . £2,564 11 6 
 
 Deduct annual rent and fees, and 
 fine and fees, . . . . 308 7 o 
 
 £2,256 4 6 
 
 Multiplied by 20 — £46,124 10 0) ...„,„,. « , ,„ 
 minus 4 per cent. = . . \ £43 ' 319 I0 s Talue ° f fee - 
 Gross annual value, . . . £2,564 11 6 
 
 Deduct annual rent and fees, . 79 14 3 
 
 £2,484 17 3 
 
 Multiplied by 12-821 = . . £31,858 8 4 -! yalu ? ?*. ten " 
 
 ( ant's interest. 
 
 Purchase-money.basedonformermodeofcalculation, £11,461 2 1 
 
 Present mode op Calculation. 
 
 Gross annual value, . . . £2,564 11 6 
 
 Deduct annual rent and fees, and 
 fine and fees, . . . . 308 7 
 
 £2,256 4 6 
 
 Multiplied by 20 = £45,124 10 0) ..«.,„,. * , 
 minus 4 per cent. == . . } *«,319 10 5 value of fee, 
 
 Do. do. 17J - ; . , £39,483 18 9 f 1 "? .° f f ten : 
 
 I ant s interest. 
 
 Purchase-money, based on present mode of calculation, £3,835 11 8 
 
 No. 4. — Case of a Lease for Twenty-one years, held under the See of 
 
 Ardagh. 
 
 Former mode of Calculation. 
 
 Gross annual value, , . . . £268 13 6 
 Deduct annual rent and fees, and 
 fine and fees, . . . . «3 10 2J- 
 
 £195 3 3i 
 
 ^S^efcen,^ 90 ! ' "} »*« * ^alueoffee. 
 
 Gross annual value, . . . £258 13 6 
 
 Deduct annual rent and fees, . . 11 12 7J 
 
 £247 10$ 
 Multiplied by 12 -821= . . £3,167 7 «S {SStatoSt 
 
 Purchase-money, based on former mode of calculation, £579 16 2 
 
 Present mode of Calculation. 
 
 Gross annual value £258 13 6 
 
 Deduct annual rent and fees, and 
 fine and fees 63 10 2£ 
 
 £195 3 3J 
 M S e 4 d perc enlf' 903S ."} ^ > 2 * -»«•«"«• 
 »*- • • £3 '" 5 7 ^ttintreTt! 
 
 Purchase-money, based on present mode of calculation, £331 16 7 
 
1S& bules And oiiDEfts tfribEit Me iiiisH cMTiitcfl ' act. 
 
 No. 5.- — Case of a Lease for Twenty-one years, held wnder the See of 
 
 Tuam.> 
 
 Former mode of Calculation. 
 
 Gross annual value, . . • -. ■ . £127 12> • 
 Deduct annual rent and fees, and 
 fine and fees, . . .• . ■ 9 16 8 • 
 
 £117 15 4 
 
 , S ^pe?o^5' 356 6 ,.^1 2 . valueoffee. 
 
 Gross annual value, . . ;. . . £127 12. 
 Deduct annual rent and fees, . . .4 17 11 
 
 Multiplied by 1?-821,= . £1,573 3 » {j££ tateSt! 
 
 Purchase-money, based on former mode of calculation. £687 18 8 
 
 Present mode of Calculation, 
 
 Gross annual value, . -. .€127 12 
 
 Deduct annual rent and fees, and 
 fine and fees, . . 7 . . 9 16 8 . 
 
 £117 15 4 
 
 "mKp'ercenT.i 21355 \*} *W > Valneoffee. 
 
 Do. do. 17} = . 2,060 18 4 
 
 (value of ten- 
 ( ant's interest. 
 
 Purchase money, based on present mode of calculation, £200 4 1 
 
 Np, 6, — Case of a Lease for Twenty-One years, held under the.See of 
 
 Former mode of Calculation. 
 
 Gross annual value, . . _ , -. £748 14 
 
 Deduct annual rent and fees, and 
 
 fine and fees, . . . . 115 3 
 
 £683 13 9 
 
 "M& a <u = 12 ' 673 15 .°} £12 ' 1M 16 ° vata60f fee - 
 
 t per; < 
 
 Gross annual value, . . . £748 14 
 
 Deduct annual rent and fees, . . 50 8 
 
 Multiplied by 12-821 = . £8,952 18 1 ^ Tal "? ? f . te °" 
 
 r ' I ant's interest. 
 
 Purchase-money, based on former mode of calculation, £3,213 17 11 
 
 Present mode of Calculation. 
 Gross annual value, .... £748 14 
 Deduct annual rent and fees, and 
 fine and fees, .... 115 3 
 
 £633 13 9 
 
 Multiplied by 20 = £12,673 15 0) -,„,,.,. „ . ., 
 minus 4 per cent. = . . [ e12 - 166 16 <> ^^ of fee. 
 
 (value of te_ 
 t ant's interest. 
 
 Do. do. 17} = . . £11,089 10 7 < TalUe 0f ten " 
 
 Purchasc-money, based on present mode of calculation, £1,077 5 5 
 
&ULES AND ORDERS UNDER THE IRISH CHURCH ACT. 189 
 
 (o.) Circular to Tenants of Church Lands holding by Leases 
 customarily renewable, and Sub-Tenants with, toties quoties 
 Covenants. 
 
 The Commissioners desire to call the attention of tenants holding from 
 them by leases customarily renewable, and of sub-tenants with toties 
 quoties covenants, to the position in which they now stand with respect to 
 the purchase of a perpetuity in their lands. 
 
 The period limited by "The Irish Church Act, 1-869," for making 
 application for the purchase of a perpetuity will expire on the 1 st January, 
 1874. After that day the Commissioners cannot entertain any such 
 application, but will be bound to sell the fee-simple of the lands, subject 
 to the lease, for the highest price they can obtain. 
 
 The Commissioners have in a former Circular, issued in June, 1870 (a 
 copy of which accompanies this), explained the very favourable terms 
 upon which a perpetuity can now be obtained. 
 
 As the rights and interests of sub-tenants* can only be effectually pro- 
 tected and secured by the obtaining of a perpetuity, and as, in some cases, 
 the immediate tenant instead of applying for a perpetuity only sought a 
 renewal from the Commissioners, they, in exercise of the power vested 
 in them by " The Irish Church Act, 1 869," sec. 1 2 , par. 3, of fixing once 
 and for ever the rent and fine, fixed it at such an amount as to render it 
 the interest of the immediate tenant to apply for a perpetuity rather than 
 a renewal, thus, as far as possible, protecting the rights of sub-tenants, t 
 
 The Commissioners now desire to inform the tenants and sub-tenants of 
 church lands, especially those holding under the sees of Armagh, Dublin, 
 Down, Derry, Meath, Cloyne, and Kilmore, that the interests respectively 
 of the archbishops and bishops in the sees of Armagh, Dublin, Derry, 
 Down, and Kilmore, have already ceased and determined, and those of the 
 bishops of Meath and Cloyne respectively will very shortly cease, the 
 commutations in these sees being nearly completed. 
 
 The special attention of sub- tenants holding by leases with toties quoties 
 ' covenants J is called to their rights and powers. They are empowered by 
 the 4th and 5th William IV., cap. 90, to give notice to the Commissioners 
 arid the superior tenant of their intention to purchase the perpetuity in 
 default of the superior tenant doing so within twelve months from the 
 date of such notice; and by "The Irish Church Act, 1869," the time for 
 giving such notice is limited to three years from the 1st January, 1871. 
 
 It is therefore obvious that sub-tenants should lose no time in giving 
 notice under the Act, with the view of stimulating the superior tenant to 
 purchase, and in default, of purchasing themselves direct from the Com- 
 missioners. 
 
 By Order of the Commissioners of Church Temporalities in Ireland, 
 
 Denis GoDLEr, Secretary. 
 
 24, Upper Merrion-street, Dublin, 
 1st January, 1872. 
 
 * See 3 and 4 Wm. IV., cap. 37, sec. 149, on next page. 
 
 f See the decision In re John Leslie, reported in " Decisions under the Irish 
 Church Act, 1869," by W. L. Bernard, 2nd ed., page 4. 
 t See 4 and 5 Wm. IV., cap. 90, sec. 80, on next page. 
 
 P 
 
190 bums And orders under the iRish church Act. 
 
 Sections refebred to in the fobegoing Cibculab. 
 3 <fc 4 WUUam IV, cap. 37, sec. 149. 
 And be it farther enacted, that whenever any such tenant or lessee who shall have 
 purchased and acquired as aforesaid the fee-simple and inheritance of and in such 
 lands and premises previously held by him as immediate and superior tenant under 
 such archbishop or bishop or other ecclesiastical person, or the said Commissioners 
 appointed under this Act, shall, by virtue of any lease, covenant, or contract thereto- 
 fore made or entered into, be bound to renew to any other person or persons any lease 
 of any such lands and premises, either as often as such archbishop or bishop or other 
 ecclesiastical- person respectively shall renew the lease of such lands and premises to 
 him such immediate superior tenant, or in any other manner, then and in every such 
 case the conveyance of the fee-simple as aforesaid of and in the said lands and premises 
 as aforesaid to such immediate and superior tenant (or the payment from time to time 
 of the annual rent out of the said lands and premises to the said archbishop or bishop 
 or other ecclesiastical person, or to the said Commissioners respectively) shall (so long 
 as the said estate or interest thereby granted shall continue) in all courts of law and 
 equity, and to all intents and purposes whatsoever, as to such under tenant or inferior 
 tenant, or person or persons having any such derivative estate or interest, and being 
 entitled to the benefit of such covenant or contract for renewal, and as to all other 
 derivative estates or interests in the said lands and premises dependent upon such 
 covenant, contract, or agreement for renewal, be and be deemed, taken and construed 
 to be a renewal by such archbishop, or bishop, or other ecclesiastical person, or other- 
 wise, from time to time, of the lease of such immediate and superior tenant, for the 
 purposes of and within the true intent and meaning of such- covenant, contract, or 
 agreement for renewal as aforesaid. . 
 
 4 <fc 5 William IV., cap. 90, sec. 30. 
 And whereas, in many cases the lands, tenements, and hereditaments held under 
 leases from archbishops, bishops, or other ecclesiastical corporations sole in Ireland 
 have been sub-let to under-tenants who are entitled under covenants or contracts to 
 the renewal of their leases from time to time as often as the first or immediate tenants 
 thereof shall obtain renewals of their leases from any such archbishop, bishop, or other 
 ecclesiastical corporation sole, and -by reason of the small interest of the first or imme- 
 diate tenants in such lands, tenements, and hereditaments, or for other reasons, they 
 may not be desirous to purchase the fee-simple and inheritance therein, and it is expe- 
 dient that in such cases the under-tenants thereof should be authorized to purchase 
 the same, subject to the provisions and regulations hereinafter contained ; be it there- 
 fore enacted, that it shall and may be lawful to and for any under-tenant, having any 
 derivative estate or interest in any such lands, tenements, and hereditaments by virtue 
 of any lease containing any such covenant or contract for the renewal thereof as 
 aforesaid, either mediately or immediately through or under the first or immediate 
 tenant thereof, to apply (in the manner prescribed by the said Act in reference to first » 
 or immediate tenants) for the purchase of the fee-simple and inheritance of and in the 
 lands, tenements, and hereditaments held by such under-tenant under any such lease, 
 giving notice, nevertheless, in writing of such application to the first or immediate 
 tenant of such lands, tenements, and hereditaments, and to all other tenants thereof 
 (if any) intervening between such archbishop, bishop, or other ecclesiastical corpora- 
 tion sole and the under-tenant making such application, or to the known agent or 
 receiver, agents or receivers of such first and other intervening tenants ; and upon 
 the receipt of such notice, or at any time within twelve calendar months thereafter, 
 it shall be lawful as well for such first or intermediate as for any other of such inter- 
 vening tenants to apply in like manner for the purchase of the fee-simple and in- 
 heritance of and in the same lands, tenements and hereditaments, and the first or 
 immediate tenant of such lands, tenements, and hereditaments is hereby empowered 
 to contract or agree for the purchase thereof accordingly, in the manner provided by 
 the said Act,. or. as near thereto as circumstances will admit, notwithstanding such 
 lands, tenements, and hereditaments shall not constitute the whole of the lands, 
 tenements and hereditaments held by him under any lease from any such archbishop, 
 bishop, or Other ecclesiastical corporation sole ; and in case such first or immediate 
 tenant shall neglect or omit to make application in manner by the said Act directed 
 for the purchase of the fee-simple and inheritance of and in such lands, tenements, 
 and hereditaments ior the space of twelve calendar moitfhs.after such notice in writing 
 shall have been given to him, or to his known agent or receiver, it shall be lawful for 
 the said Commissioners to treat, contract, or agree with such under-tenant who may 
 have given such notice as aforesaid, or with any intervening tenant who may have 
 made application within the said period of twelve months for the absolute purchase 
 by him of the fee-simple and inheritance of and in the same lands, tenements, and 
 hereditaments, upon such and the same terms and in the same manner as in the said 
 Act is prescribed for the purchase of perpetuities by any first or immediate tenant, 
 but subject nevertheless (in addition to the rent thereby directed to be reserved and 
 
RULES AND ORDERS UNDER THE. IRISH CHURCH ACT. 191| 
 
 made payable to the archbishop, bishop, or other ecclesiastical corporation sole, under, 
 whom the same are immediately held) to a perpetual rentcharge, or as many perpetual 1 
 rentscharge as there are tenants intervening between such archbishop, bishop, or otheri 
 ecclesiastical corporation sole, and the under-tenant entering, into such contract for 
 purchase, such rentcharge or rentscharge to be ascertained in manner hereinafter- 
 mentioned, and" to be issuing out of the same lands, tenements and hereditaments, and 
 to be reserved and made payable to such intervening tenant or tenants, his or their 
 heirs and assigns for ever : Provided always, that in case more than one of .such under- 
 tenants shall make application for such purchase, the application of the under-tenant 
 holding directly under such first or immediate tenant shall be preferred to that of the 1 ' 
 one next below, and so on according to priority of holding down to the under-tenant 
 so giving notice as aforesaid ; and the said Commissioners shall convey the said lands, 
 tenements, and hereditaments so contracted to be purchased to the purchaser thereof 
 accordingly in the manner and under the regulations by the said Act provided, in 
 relation to the purchases thereby authorized to be made, subject nevertheless to the 
 additional perpetual rentcharge or rentscharge hereinbefore mentioned ; and imme- 
 diately upon the execution of such conveyance the reversion or respective reversions 
 then vested in such intervening tenant or tenants' shall, so far only as respects such 
 lands, tenements, and hereditaments, be absolutely merged and extinguished in the 
 freehold and inheritance thereby conveyed to such purchaser, and the Said perpetual 
 rentcharge or rentscharge, and the estate or interest therein, shall be considered as a i 
 substitute or substitutes for the rent and reversion so merged and extinguished as 
 aforesaid. 
 
 II. — Instructions to Owners of Land desirous of Purchasing, 
 their Tithe Rent-charge, under 7th Section of "The Irish 
 Church Act, 1869, Amendment Act, 1872," Tables, &o. 
 
 (a.) Circular issued in 1873. 
 
 The Commissioners of Church Temporalities in Ireland desire to call 
 the attention of payers of tithe rent-charge, who do not wish to purchase 
 for cash, to the advantages given to them by " The Irish Church Act "• 
 for extinguishing their Rent-charge by the Loan System — 
 
 1st. — A perpetual charge is converted into one of almost the same 
 
 amount, terminable in fifty-two years. 
 2nd. — The charge is payable annually, instead of half-yearly. , 
 3rd. — There is not any expense attending the change, which can be' 
 effected simply, by returning the accompanying form, when 
 filled up. 
 4th.— The annual adjustment of poor-rate is avoided, an average 
 rate being deducted in fixing the annual payment. 
 By order, 
 
 Denis Godlbt, Secretary. 
 24, Upper Merrion-street, 
 
 Dublin, 1st December, 1873. 
 
 ™ j}_ Under the 10th section of the above statute payers are now relieved 
 
 from the payment of stamp duty on merging orders.] 
 
 (6.) Circular issued in 1875. 
 Tithe rent-charge may be merged in the land out of which it issued, 
 and be extinguished by any of the three following modes, viz.:— 
 , j By payment, in one sum, of 22J times the amount of the annual 
 rent-charge less such sum in the pound as the owner shall be ascertained] 
 dv the Commissioners to have been on an average of five years preceding, 
 ' p 2 
 
192 RULES ASD ORDERS UNDER THE IRISH CHURCH ACT. 
 
 the passing of "The Irish Church Act, 1869," entitled to deduct for 
 poor-rates. 
 
 e.g.— If the rent-charge be £100, and the average poor-rate Is. in 
 the pound, by paying down £2, 1 37 1 0*. the charge is extin- 
 guished. 
 The proportionate part of rent-charge accruing from the last gale day 
 to date of lodgment of purchase money must also be paid, together with 
 all arrears due to the Commissioners. 
 
 II. On the principle of a loan, repayable lay annual instalments ex- 
 tending over fifty-two years. 
 
 The amount of annual rent-charge (less such sum in the pound as the 
 owner shall be ascertained by the Commissioners to have been on an 
 average of five years preceding the passing of " The Irish Church Act, 
 1869," entitled to deduct for poor rates from the tithe rent-charge payable 
 by him) is to be multiplied by 22J, and then £4 9s. per cent, calculated 
 on the product, gives the annual instalment, which, paid for fifty-two years, 
 will extinguish the rent-charge. 
 
 e.g. — If the rent-charge be ^100, and the average poor rate be Is. 
 in the pound, the annual instalment will be £95 2s. id. 
 
 III. On the principle of loan for a less number of years "at an equi- 
 valent annual sum," viz., for 10, 20, 30, or 40 years. 
 
 e.g. — If rent-charge and average poor rate be as in the last case, then 
 Ten years' annual instalments will be each £272 3s. 2d. 
 Twenty „ „ „ £159 5s. 2d. 
 
 Thirty „ „ „ £123 Is. 4d. 
 
 Forty „ „ „ £105 19s. lOrf. 
 
 Income tax is deductible from annual instalments under modes 2 and 3, 
 as provided by 11th section of "The Irish Church Act, 1869, Amend- 
 ment Act, 1872." 
 
 In the case of applications on systems 2 and 3, the gale days for the 
 annual instalments must be either 1st May or 1st November. 
 
 The Commissioners will not declare the amount of an annual instalment 
 under modes 2 and 3 until the tithe rent-charge is paid to the gale day 
 previous to the date of the receipt at their office of the proposal. 
 
 Forms applicable to any of these systems of merging tithe rent-charge 
 can be had on application. 
 
 Merging Orders are prepared free of all expense to the payer, and those 
 under modes 2 and 3 will be placed in the Record Department of the 
 Commissioners' Office. Certified copies can be procured on payment of 
 a fee of Is. each, if desired. 
 
 In the case of annual instalments ascertained as aforesaid, the outstand- 
 ing instalments can be redeemed at any time on payment of the actuarial 
 value thereof. 
 
 By order, 
 
 Denis Godlet, Secretary. 
 Office of the Commissioners of 
 
 Church Temporalities in Ireland, 
 
 24, Upper Merrion-street, Dublin, 1875. 
 
 Note. — The following tables (which were prepared for the use of the Commis- 
 sioners by W. J. Hancock, Esq., f.i.a.) show the purchase money of any amount 
 of tithe rent-charge under Mode No. 1, the amount to be added to the net amount of 
 tithe rent-charge to convert the same into an annual instalment under Mode 2, and 
 the estimated value of outstanding instalments ascertained under last mentioned 
 Mode. 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 193 
 
 Purchase of Tithe Kent-charge (Mode 1). 
 Table showing the amount of 22J Tears' Purchase of Annual Tithe Rent-charge. 
 
 Tithe • 
 Rent- 
 charge. 
 
 22J Times 
 
 Tithe Rent- 
 
 oharge. 
 
 Tithe 
 Rent- 
 charge. 
 
 22J Times 
 
 Tithe Rent- 
 
 oharge. 
 
 Tithe 
 Rent- 
 charge. 
 
 22J Times 
 
 Tithe Ront- 
 
 eharge. 
 
 Tithe 
 Rent- 
 oharge. 
 
 22J Times 
 
 Tithe Rent- 
 
 oharge. 
 
 Pence. 
 
 £ S. d. 
 
 £ 
 
 £ 
 
 0. 
 
 £ 
 
 £ 
 
 s. 
 
 £ 
 
 £ <?. 
 
 1 
 
 1 10 
 
 1 
 
 22 
 
 10 
 
 38 
 
 855 
 
 
 
 75 
 
 1,687 10 
 
 2 
 
 3 9 
 
 2 
 
 45 
 
 
 
 39 
 
 877 
 
 10 
 
 76 
 
 1,710 
 
 3 
 
 5 7 
 
 3 
 
 67 
 
 10 
 
 40 
 
 900 
 
 
 
 77 
 
 1,732 10 
 
 4 
 
 7 6 
 
 4 
 
 90 
 
 
 
 41 
 
 922 
 
 10 
 
 78 
 
 1,755 e 
 
 5 
 
 9 4 
 
 5 
 
 112 
 
 10 
 
 42 
 
 945 
 
 
 
 79 
 
 1,777 10 
 
 6 
 
 11 3 
 
 6 
 
 135 
 
 
 
 43 
 
 967 
 
 10 
 
 80 
 
 1,800 
 
 7 
 
 13 1 
 
 7 
 
 157 
 
 10 
 
 44 
 
 990 
 
 
 
 81 
 
 1,822 10 
 
 8 
 
 15 
 
 8 
 
 180 
 
 
 
 45 
 
 1,012 
 
 10 
 
 82 
 
 1,845 
 
 9 
 
 16 10 
 
 9 
 
 202 
 
 10 
 
 46 
 
 1,035 
 
 
 
 83 
 
 1,867 10 
 
 10 
 
 18 9 
 
 10 
 
 225 
 
 
 
 47 
 
 1,057 
 
 10 
 
 84 
 
 1,890 
 
 11 
 
 10 7 
 
 11 
 
 247 
 
 10 
 
 48 
 
 1,080 
 
 
 
 85 
 
 1,912 10 
 
 Shillings. 
 
 
 12 
 
 270 
 
 
 
 49 
 
 1,102 
 
 10 
 
 86 
 
 1,935 
 
 
 1 
 
 12 6 
 
 13 
 
 292 
 
 10 
 
 50 
 
 1,125 
 
 
 
 87 
 
 1,957 10 
 
 2 
 
 2 5 
 
 14 
 
 315 
 
 
 
 51 
 
 1,147 
 
 10 
 
 88 
 
 1,980 
 
 3 
 
 3 7 6 
 
 15 
 
 337 
 
 10 
 
 52 
 
 1,170 
 
 
 
 89 
 
 2,002 10 
 
 4 
 
 4 10 
 
 16 
 
 360 
 
 
 
 53 
 
 1,192 
 
 10 
 
 90 
 
 2,025 
 
 5 
 
 5 12 6 
 
 17 
 
 382 
 
 10 
 
 54 
 
 1,215 
 
 
 
 91 
 
 2,047 10 
 
 6 
 
 6 15 
 
 18 
 
 405 
 
 
 
 55 
 
 1,237 
 
 10 
 
 92 
 
 2,070 
 
 7 
 
 7 17 6 
 
 19 
 
 427 
 
 10 
 
 56 
 
 1,260 
 
 
 
 93 
 
 2,092 10 
 
 8 
 
 9 
 
 20 
 
 450 
 
 
 
 57 
 
 1,282 
 
 10 
 
 94 
 
 2,115 
 
 9 
 
 10 2 6 
 
 21 
 
 472 
 
 10 
 
 58 
 
 1,305 
 
 
 
 95 
 
 2,137 10 
 
 10 
 
 11 5 
 
 22 
 
 495 
 
 
 
 59 
 
 1,327 
 
 10 
 
 96 
 
 2,160 
 
 11 
 
 12 7 6 
 
 23 
 
 517 
 
 10 
 
 60 
 
 1,350 
 
 
 
 97 
 
 2,182 10 
 
 12 
 
 13 10 
 
 24 
 
 540 
 
 
 
 61 
 
 1,372 
 
 10 
 
 98 
 
 2,205 
 
 13 
 
 14 12 6 
 
 25 
 
 562 
 
 10 
 
 62 
 
 1,395 
 
 
 
 99 
 
 2,227 10 
 
 11 
 
 15 15 
 
 26 
 
 585 
 
 
 
 63 
 
 1,417 
 
 10 
 
 100 
 
 2,250 
 
 15 
 
 16 17 6 
 
 27 
 
 607 
 
 10 
 
 64 
 
 1,440 
 
 
 
 200 
 
 4,500 
 
 16 
 
 18 
 
 28 
 
 630 
 
 
 
 65 
 
 1,462 
 
 10 
 
 300 
 
 6,750 
 
 17 
 
 19 2 6 
 
 29 
 
 652 
 
 10 
 
 66 
 
 1,485 
 
 
 
 400 
 
 9,000 
 
 18 
 
 20 5 
 
 30 
 
 675 
 
 
 
 67 
 
 1,507 
 
 10 
 
 500 
 
 11,250 
 
 19 
 
 21 7 6 
 
 31 
 
 697 
 
 10 
 
 68 
 
 1,530 
 
 
 
 600 
 
 13,500 
 
 
 
 32 
 
 720 
 
 
 
 69 
 
 1,552 
 
 10 
 
 700 
 
 15,750 
 
 
 
 33 
 
 742 
 
 10 
 
 70 
 
 1,576 
 
 
 
 800 
 
 18,000 
 
 
 
 34 
 
 765 
 
 
 
 71 
 
 1,597 
 
 10 
 
 900 
 
 20,250 
 
 
 
 35 
 
 787 
 
 10 
 
 72 
 
 1,620 
 
 
 
 1,000 
 
 22,500 
 
 
 
 36 
 
 810 
 
 
 
 73 
 
 1,642 
 
 10 
 
 
 
 
 
 37 
 
 832 
 
 10 
 
 74 
 
 1,665 
 
 
 
 
 
'194 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 Pubchase of Tithe Rent-charge (Mode 2) . 
 
 Table showing amount to be added to Tithe Rent-charge to convert it into 
 j ~ Instalments extending over 52 years. 
 
 When Not 
 Rent-charge 
 amounts to 
 
 Add 
 
 (See 
 example.) 
 
 When Net 
 Rent-oharge 
 amounts to 
 
 Add 
 
 When Net 
 Rent-charge 
 amounts to 
 
 Add 
 
 ; '' £ ' s. d. 
 
 s. d. 
 
 £ 9. d. 
 
 a. d. 
 
 £ «. d. 
 
 a. 
 
 d. 
 
 3 6 8 
 
 1 
 
 103 6 8 
 
 2 7 
 
 203 6 8 
 
 5 
 
 1 
 
 6 13 4 
 
 2 
 
 106 13 4 
 
 2 8 
 
 206 13 4 
 
 5 
 
 2 
 
 10 fl 
 
 3 
 
 no 
 
 2 9 
 
 210 
 
 5 
 
 3 
 
 13 6 8 
 
 4 
 
 113 6 8 
 
 2 10 
 
 213 6 8 
 
 5 
 
 4 
 
 16 13 4 
 
 5 
 
 116 13 4 
 
 2 11 
 
 216 13 4 
 
 5 
 
 5 
 
 20 
 
 o : "e 
 
 120 S 
 
 3 
 
 220 
 
 5 
 
 6 
 
 23 6 8 
 
 7 
 
 123 6 8 
 
 3 1 
 
 223 6 8 
 
 5 
 
 7 
 
 36 13 4 
 
 8 
 
 126 13 4 
 
 3 2 
 
 226 13 4 
 
 5 
 
 8 
 
 30 
 
 9 
 
 130 
 
 3 3 
 
 230 
 
 a 
 
 9 
 
 33 6 8 
 
 10 
 
 133 6 8 
 
 3 4 
 
 233 6 8 
 
 5 
 
 10 
 
 36 13 4 
 
 11 
 
 136 13 4 
 
 3 5 
 
 236 13 4 
 
 5 
 
 11 
 
 40 
 
 1 
 
 140 , 
 
 3 6 
 
 240 
 
 6 
 
 
 
 43 6 8 
 
 1 1 
 
 143 | 6 8 
 
 3 7 
 
 243 6 8 
 
 6 
 
 1 
 
 46 13 4 
 
 1 2 
 
 146 1 13 4 
 
 3 8 
 
 246 13 4 
 
 6 
 
 2 
 
 60 
 
 1 3 
 
 150 
 
 3 9 
 
 250 
 
 6 
 
 3 
 
 53 6 8 
 
 1 4 
 
 153 6 8 
 
 3 10 
 
 253 6 8 
 
 6 
 
 4 
 
 56 13 4 
 
 1 5 
 
 156 13 4 
 
 3 11 
 
 256 13 4 
 
 6 
 
 5 
 
 60 
 
 1 6 
 
 160 
 
 4 
 
 260 
 
 6 
 
 6 
 
 63 6 8 
 
 1 7 
 
 163 6 8 
 
 4 1 
 
 263 6 8 
 
 6 
 
 7 
 
 66 13 4 
 
 1 8 
 
 166 13 4 
 
 4 2 
 
 266 13 4 
 
 6 
 
 8 
 
 70 
 
 1 9 
 
 170 
 
 4 3 
 
 270 
 
 6' 
 
 9 
 
 73 6 8 
 
 1 10 
 
 173 6 8 
 
 4 4 
 
 273 6 8 
 
 6 
 
 10 
 
 76 13 4 
 
 1 11 
 
 176 13 4 
 
 4 5 
 
 276 13 4 
 
 6 
 
 11 
 
 80 
 
 2 
 
 180 
 
 4 6 
 
 280 
 
 7 
 
 
 
 83 6 8 
 
 2 1 
 
 183 6 8 
 
 4 7 
 
 283 6 8 
 
 7 
 
 1 
 
 86 13 4 
 
 2 2 
 
 186 13 4 
 
 4 8 
 
 286 13 4 
 
 7 
 
 2 
 
 DO 
 
 2 3 
 
 190 
 
 4 9 
 
 290 
 
 7 
 
 3 
 
 93 6 8 
 
 2 4 
 
 193 6 8 
 
 4 10 
 
 293 6 8 
 
 7 
 
 4 
 
 96 13 4 
 
 2 5 
 
 196 13 4 
 
 4 11 
 
 296 13 4 
 
 7 
 
 5 
 
 100 
 
 2 6 
 
 200 
 
 5 
 
 300 
 
 7 
 
 6 
 
 1 Example. — St 
 and the annual in 
 
 ppose the i 
 stalment of 
 
 let rent-charge t 
 £3 6s. 9d.willl 
 
 o amount t 
 )e ascertain 
 
 o £3 6s. 8d., add 
 ed, which, paid f 
 
 one penny 
 or fifty-two 
 
 years, will extinguish the rent-charge. The same amount (one penny) to be added: 
 to any amount of net rent-charge under £6 13s. id. 
 
 N.B.— Fractional partsof a pound, of Tent-charge, are not liable to poor-rates. 
 
BULKS AND OEDEES UNDEE THE IRISH CHURCH ACT.' 195 
 
 Redemption of Annual Instalments of Tithe Kent-charge (Mode 2). 
 Table showing the amount for which Outstanding Instalments of Loan for fifty- 
 two years, contracted for purchasing Tithe Eent-charge, can be redeemed. 
 
 Number of 
 
 Year's 
 
 Present Value 
 
 [ Number of 
 
 Year's 
 
 
 Instalments 
 
 Purchase 
 
 of 
 
 Instalments 
 
 
 of 
 
 Outstand- 
 
 of 
 
 Instalments 
 
 Outstand- 
 
 of 
 
 
 ing. 
 
 Instalments. 
 
 of flO. 
 
 ing. 
 
 Instalments. 
 
 of £10. 
 
 
 
 £ s. d. 
 
 
 
 £ 8. d. 
 
 51 
 
 223141 
 
 223 2 10 
 
 45 
 
 21-2439 
 
 212 8 9 
 
 60 
 
 22-1507 
 
 221 10 2 
 
 44 
 
 21-0432 
 
 210 8 8 
 
 49 
 
 21-9817 
 
 219 16 4 
 
 43 
 
 20-8353 
 
 208' 7,1 
 
 48 
 
 21-8066 
 
 218 1 4 
 
 42 
 
 20-6202 
 
 206 4 1 
 
 47 
 
 21-6255 
 
 216 5 1 
 
 41 
 
 20-3975 
 
 203 19 6 
 
 46 
 
 21-4380 
 
 214 7 7 
 
 40 
 
 20-1671 
 
 201 13 5 
 
 N.B. — In estimating the. present value; pf outstanding instalments, the value of the 
 instalment which is accruing due (and which must be paid in full) should not be taken 
 into account. 
 
 III. — Instructions as to Sale of Perpetuity Rents. 
 
 (a.) Circular Issued in 1874. 
 
 Instructions to Owners served with Notice under the 34th 
 
 Section (1, 2,) op the Irish Church Act, 1869. 
 
 In the event of the owner accepting the offer of the Commissioners of 
 Church Temporalities, he should fill up, sign, and return to the Secretary 
 the enclosed "Reply."* 
 
 No abatement can he made in the terms of purchase as notified. If 
 the owner does not avail himself of the proposal made to him within three 
 months after the date thereof, the Commissioners will proceed to offer 
 the property in question for sale to the public in such manner as they 
 may think fit. 
 
 All communications must be in writing, and personal applications 
 cannot be attended to. 
 
 Remittances of money must be made to the Bank of Ireland by receiv- 
 able orders issued from this office, which will be forwarded when the 
 owner's reply has been approved. Neither cash nor remittances can be 
 received at the Commissioners' office. : 
 
 The amount secured by simple mortgage must be an even sum, without 
 shillings and pence. The Commissioners in this case will favourably con- 
 sider applications on the part of mortgagors to pay off from time to time 
 reasonable portions of the money secured. In every case where a mort- 
 gage is given the perpetuity rent must be paid to a gale day fixed by the 
 Commissioners. When the purchase money is paid in cash the, perpetuity 
 rent must be paid to the day of lodgment. 
 
 Attention is directed to the following copy of the 52nd section of " The 
 Irish Church Act, 1869 " :_ 
 
 " Where the Commissioners sell any land or interest in land in pursuance of this 
 Act, the Commissioners may credit the purchaser with such part of the purchase ■ 
 money, not exceeding three-fourth "parts, as they think proper, on having payment of 
 the same, with interest at the rate of four per centum per annum, secured to the 
 satisfaction of the Commissioners; and any such purchase money may be made 
 payable by half-yearly instalments, not exceeding sixty-four in number.'' 
 
 Note. — It will be observed from this that one-fourth of the purchase- 
 money at the least must be paid in cash, and the balance may be secured 
 by mortgage. This mortgage may either be a simple mortgage for the 
 
 * See Schedule of Forms No. 47. 
 
196 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 amount at four per cent., with no time fixed for payment, or it may be a 
 mortgage under which the whole principal and interest would be repaid 
 by half-yearly instalments, not exceeding sixty-four, the Commissioners 
 having the power of fixing, if they think proper, a less number, and accord- 
 ingly the Commissioners have ordered the half-yearly instalments to be 
 either 10, 30, or 64, with the following exceptions, i.e., 
 
 If the purchase-money does not exceed £ 100, the full amount must 
 
 be paid in cash. 
 If it exceeds £100 and does not exceed £200, at least one-half must 
 be paid in cash, and the balance must be secured by simple 
 mortgage. 
 If it exceeds £200, the tenant can select any of the modes of purchase 
 indicated. 
 Attention is also directed to the 34th sec. (7) of which the following 
 is a copy : — 
 
 " An owner shall be deemed to have declined to accept the offer of the Com- 
 missioners if he do not accept the same in writing, and pay or secure the purchase- 
 money to the Commissioners within three months after the giving of such notice as 
 aforesaid." 
 
 Note. — From this it will be seen that even where the offer of the Com- 
 missioners is accepted in writing, unless either the whole of the purchase- 
 money is paid in cash, or one-fourth at the least is paid in cash and the 
 remainder secured by mortgage within three months from date of the notice 
 the offer will be regarded as declined. 
 
 Examples tor the Guidance of Purchasers, assuming the 
 Purchase-Money to be £400. 
 
 1. In the case of a simple mortgage at £4 per cent. : 
 
 A cash payment of £100, and a simple mortgage for £300 bearing 
 interest at four per cent. 
 
 2. In the case of a mortgage paying off principal and interest in sixty- 
 four half-yearly instalments : — 
 
 A cash payment of £103 13s., and sixty-four half-yearly instal- 
 ments of £8 5s. 
 
 3. In the case of a mortgage payingoff principal and interest in any 
 less number than sixty-four half-yearly instalments : 
 
 A cash payment of £103 lis. 6d., and ten half-yearly instalments 
 
 of £33 each. 
 A cash payment of £103 4s. 1 Id., and thirty half-yearly instalments 
 of £13 5s. each. 
 
 Copy of Sec. 34 of " The Irish Church Act, 1869," Paragraph 2. 
 "Perpetuity rents shall be offered to the owner of the land ont of which they issue 
 at a capital sum equal to twenty-five times the annual amount of such rents." 
 
 Note — It will be observed from this that no reduction whatever in 
 the price can be made. 
 
 (6.) Circular issued in 1875. 
 
 24, Upper Merrion-street, Dublin, 
 June, 1875. 
 
 Many owners of lands charged with perpetuity rents having declined 
 to redeem the rents on the terms fixed in the 34th section of " The Irish 
 Church Act, 1869," viz., for a capital sum equal to twenty- five times 
 their annual amount, the Commissioners, before dealing further with the 
 property, wish to call the attention of owners to the very favourable 
 nature of these terms, if in connexion with them advantage is taken of 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 197 
 
 the provisions of the 52nd section, which permit the Commissioners to 
 accept one-fourth only of the purchase- money in cash, the balance of 
 three-fourths with interest thereon being made payable in sixty-four 
 half-yearly instalments. 
 
 The Commissioners apprehend that owners have not generally per- 
 ceived that these half-yearly instalments will only exceed by a very trifling 
 sum the present" half-yearly rents, and that therefore practically the 
 perpetuity rents can be extinguished in thirty-two years by a present 
 cash payment of about six and one-quarter time3 their annual amount; 
 the subsequent instalments payable which would in a limited period clear 
 off the whole charge being about equal to the present rents. 
 
 Some examples are subjoined in order to make the matter perfectly 
 clear : — 
 
 
 Can be 
 
 And 
 
 
 Can be 
 
 And 
 
 A Perpetuity 
 Rent of 
 
 extinguished 
 by a present 
 
 Sixty-four 
 Half-yearly 
 
 A Perpetuity 
 Rent of 
 
 extinguished 
 by a present 
 
 Sixty-four 
 Half-yearly 
 
 Cash Payment 
 
 Instalments 
 
 Cash Payment 
 
 Instalments 
 
 
 of 
 
 of 
 
 
 of 
 
 of 
 
 £ s. d. 
 
 £ s. d. 
 
 £ s. d. 
 
 £ S. d. 
 
 £ s. d. 
 
 £ s. d. 
 
 10 
 
 70 7 10 
 
 5 
 
 45 
 
 289 16 7 
 
 23 5 
 
 15 
 
 96 12 2 
 
 7 15 
 
 50 
 
 316 11 
 
 26 
 
 20 
 
 131 16 2 
 
 10 5 
 
 60 
 
 377 9 2 
 
 31 5 
 
 25 
 
 158 5 
 
 13 
 
 70 
 
 438 17 5 
 
 36 10 
 
 30 
 
 193 4 5 
 
 15 10 
 
 80 
 
 500 5 8 
 
 41 15 
 
 35 
 
 219 8 9 
 
 18 5 
 
 90 
 
 570 13 6 
 
 46 15 
 
 40 
 
 254 12 8 
 
 20 15 
 
 100 
 
 632 1 9 
 
 52 
 
 Any owner who is in doubt as to the amount of the half-yearly instal- 
 ment payable by him in the event of his deciding to redeem his rent by a 
 cash payment of about six and one-quarter times its annual amount, and 
 spreading the repayment of the balance over thirty-two years, may obtain 
 the requisite information by an application in writing to me. 
 
 Denis Godley, Secretary. 
 
 IV. — Instructions as to Sales of Yearly and other Tenures. 
 
 Instructions to Tenants or Lessees served with Notice under 
 
 the 34th Section of the Irish Chorch Act, 1869. 
 
 In the event of the tenant or lessee accepting the offer of the Commis- 
 sioners of Church Temporalities, he should fill up, sign, and return to the 
 Secretary the enclosed "reply."* 
 
 No abatement can be made in the terms of purchase as notified. If 
 the tenant does not avail himself of the proposal made to him within three 
 months after the date thereof, the Commissioners will not treat privately 
 with any other person, but will proceed to offer the property in question 
 for sale to the public. 
 
 All communications must be in writing, and personal applications cannot 
 be attended to. 
 
 Remittances of money must be made to the Bank of Ireland by receiv- 
 able orders issued from this office, which will be forwarded when the 
 tenant's reply has been approved. Neither cash nor remittances can be 
 received at the Commissioners' office. 
 
 The amount secured by simple mortgage must be an even sum, without 
 shillings and pence. The Commissioners in this case will favourably con- 
 sider applications on the part of mortgagors to pay off from time to time 
 reasonable portions of the money secured. 
 
 All rent must be paid, in the case of a simple mortgage, or in the case 
 * See Schedule of Forms No. 47. 
 
198 RULES AND ORDERS UNDER THE IRISH CHURCH ' ACT. 
 
 of a mortgage payable by instalments, to a gale day fixed by the Com- 
 missioners. 'WTien the purchase-money is paid in full the rent must be 
 paid to the day of lodgment. 
 
 Attention is directed to the following copy of the 52nd section of " The 
 Irish Church Act, 1869":— 
 
 " Where the Commissioner sell any land or interest in land in pursuance of this 
 Act, the Commissioners may credit the purchaser with such part of the purchase- 
 money, not exceeding three-fourth parts, as they think proper, on having payment 
 of the same, with interest at the rate of four per centum per annum, secured to the 
 satisfaction of the Commissioners ; and any such purchase-money may be made 
 payable by half-yearly instalments, not exceeding sixty-four in number." 
 
 Note. — It will be observed from this that one-fourth of the purchase- 
 money at the least must be paid in cash, and the balance may be secured 
 by mortgage. This mortgage may either be a simple mortgage for the 
 amount at four per cent., with no time fixed for payment, or it may be a 
 mortgage under which the whole principal and interest would be repaid 
 by half-yearly instalments, not exceeding sixty-four, the Commissioners 
 having the power of fixing, if they think proper, a less number, and accord- 
 ingly the Commissioners have ordered the half-yearly instalments to be 
 either 10, 20, 30, 40, 50, or 64, with the following exceptions, i.e., 
 
 If the purchase-money does not exceed £50, the full amount must 
 
 be paid in cash. 
 If it exceeds £50 and does not exceed £100, at least one-half must 
 be paid in cash, and the balance must be secured by simple mort- 
 gage. 
 If it exceeds £100, and does not exceed .£200, at least one-fourth 
 must be paid in cash, and the balance (if not secured by simple 
 mortgage) must be paid off in ten or twenty half-yearly instalments. 
 If it exceeds £200, the tenant can select any of the modes of purchase 
 indicated. 
 
 Attention is also directed to the 34th sec. (7), of which the following is 
 a copy: — 
 
 " An owner shall be deemed to have declined to accept the offer of the Commis- 
 sioners if he do not accept the same in writing, and pay or secure the purchase-money 
 to the Commissioners within three months after the giving of such notice as afore- 
 said." 
 
 Note. — From this it will be seen that even where the offer of the Com- 
 missioners is accepted in writing, unless either the whole of the purchase- 
 money is paid in cash, or one-fourth at the least is paid in cash, and the 
 remainder secured by mortgage within three months from date of the 
 notice, the offer will be regarded as declined. 
 
 Examples for the Guidance or Purchasers, assuming the 
 Purchase-Monet to be £400. 
 
 1 . In the case of a simple mortgage at £4 per cent: — 
 
 A cash payment of £100, and a simple mortgage for £300 bearing 
 interest at four per cent. 
 
 2. In the case of a mortgage paying off principal and interest in sixty- 
 four half-yearly instalments : — 
 
 A cash payment of £103 13*., and sixty-four half-yearly instal- 
 ments of £8 5s. 
 
 3. In the case of a mortgage paying off principal and interest in any 
 less number than sixty -four half-yearly instalments: 
 
 A cash payment of £103 lis. 6d., and ten half-yearly instalments 
 of £33 each. 
 
 A cash payment of £105 13s. 6d., and twenty half-yearly instal- 
 ments of £18 each. 
 
BULKS AND OEDEES UNDEE THE IEISH CHURCJH AOTi 199- 
 
 A cash payment of £ 103 4s. lid., and thirty half-yearly instalments 
 
 of £13 5s. each. 
 A cash payment of £105 18s. *Jd., and forty half-yearly instalments 
 
 of £10 15s. each. , ....... 
 
 A cash payment of £101 9s] 6d., and fifty half-yearly instalments 
 
 of £9 10s. each. 
 
 The Commissioners will not direct the instalments to be calculated in 
 any case until the replies to the Queries have been submitted for their api 
 proval. It is estimated that abouli £5 10s. per cent, per annum on the 
 burchase-inoney will pay off priniipal and interest in sixty-four half 4 
 yearly instalments. 
 
 ! To facilitate the purchase of small holdings by the tenants ,of the Com-' 
 knissioners, short forms of conveyance and mortgage have been printed by 
 order of the Commissioners, and their solicitor, John Ball, esq., of No. 
 '11, Hume-street, Dublin, is bound to prepare and register each convey- 
 ance (if desired by the tenant'), and each deed of mortgage at the following 
 fixed charges, including everything but stamp duty and office fees on 
 registration, viz. : — When purchasd-money does not exceed £200, £2 2s. ; 
 when it eiceeds £200 and does not exceed £500, £3 3s. '• 
 ! The purchaser can, however, employ his own solicitor to prepare his 
 conveyance should he think proper to do so, in which case there will be 
 no approval fee payable to the solicitor of the Commissioners. The 
 mortgage must in all cases be prepared by the solicitor of the Commis- 
 sioners. 
 
 , Note. — The following Tables show the scale of Stamp putieS payable 
 on Conveyances and Mortgages, also the; amount of uKtajlmenMihatiwill 
 pay off a mortgage in ten, twenty, thirty} forty, ^fftjr, or sSxjyrfpjir Jjalfi 
 yearly instalments,* together with the present ' value for „purposes» of 
 redemption of outstanding instalments of a mortgage extending over 
 sixty-four half-years.t 
 
 Table (a) of Stamp Duties. i 
 
 On Conveyances. 
 
 On Mortgages. 
 
 Purchase Money- 
 
 Not exceeding 
 £5, and not ex. 
 
 £10, 
 
 £15, 
 
 £30, 
 
 £25, 
 
 £50, 
 
 £75, 
 £100, 
 £125, 
 £150, 
 £175, 
 £200, 
 £225, : 
 £250, 
 £275, 
 
 Over £300 — tor 
 and fractional 
 
 . £5, 
 
 ceeding, £10, 
 
 £15, 
 
 £20, 
 
 £25, 
 
 £50, 
 
 £75, 
 
 £100, 
 
 £125, 
 
 £150, 
 
 £175, 
 
 £200, 
 
 £225, 
 
 £250, 
 
 £276, 
 
 £300, 
 
 every £50,) 
 
 part of £50,j 
 
 
 1 
 1 
 2 
 2 
 5 
 7 6 
 10 
 12 6 
 15 
 
 17 6 
 10 
 12 6 
 15 
 17 6 
 
 1 10 
 
 5 6 
 
 Purchase Money — 
 Not exceeding £25, . ! 
 above £25, and not above £50, 
 „ £50, „ £100, 
 
 „ £100, „ j £150, 
 
 „ £150, „ £200, 
 
 „ £200, „ £250, 
 
 „ £250, „ £300, 
 
 „ £300, then for every'i 
 £100, or fractional}- 
 part thereof,: . } 
 
 Together with Five Shillings duty on Memorial, and Registry Office Fees according 
 to length of Memorial. 
 
 * These latter tables prepared for the Commissioners by W. J. Hancock, f.i.a. 
 
 t Tables for redemption of outstanding instalments of mortgages for a less number 
 of half years have not "been prepared; but special calculations for the redemption of 
 such classes of mortgage are made on application to the Commissioners. 
 
200 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 Table (5) showing Instalments which will pay off a Mortgage, with Interest at 
 4 per cent, per annum, in 10 half-years. 
 
 
 Mortgage. 
 
 Instalmonl 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgag 
 
 3. 
 
 Instalment. 
 
 
 £ 
 
 «. 
 
 d. 
 
 £ 
 
 a. 
 
 £ 
 
 ». 
 
 d. 
 
 £ 
 
 a. 
 
 £ 
 
 s. 
 
 d. 
 
 £ 
 
 *. 
 
 
 8 
 
 19 
 
 8 
 
 1 
 
 
 
 368 
 
 5 
 
 8 
 
 41 
 
 
 
 727 
 
 11 
 
 9 
 
 81 
 
 
 
 
 17 
 
 19 
 
 4 
 
 2 
 
 
 
 377 
 
 5 
 
 4 
 
 42 
 
 
 
 736 
 
 11 
 
 5 
 
 82 
 
 
 
 
 26 
 
 18 
 
 11 
 
 3 
 
 
 
 386 
 
 5 
 
 
 
 43 
 
 
 
 745 
 
 11 
 
 1 
 
 83 
 
 
 
 
 35 
 
 18 
 
 7 
 
 4 
 
 
 
 395 
 
 4 
 
 8 
 
 44 
 
 
 
 754 
 
 10 
 
 9 
 
 84 
 
 
 
 
 44 
 
 18 
 
 3 
 
 5 
 
 
 
 404 
 
 4 
 
 4 
 
 45 
 
 
 
 763 
 
 10 
 
 5 
 
 85 
 
 
 
 
 58 
 
 17 
 
 11 
 
 6 
 
 
 
 413 
 
 4 
 
 
 
 46 
 
 
 
 772 
 
 10 
 
 
 
 86 
 
 
 
 
 62 
 
 17 
 
 7 
 
 7 
 
 
 
 422 
 
 3 
 
 8 
 
 47 
 
 
 
 781 
 
 9 
 
 8 
 
 87 
 
 
 
 
 71 
 
 17 
 
 2 
 
 8 
 
 
 
 431 
 
 3 
 
 3 
 
 48 
 
 
 
 790 
 
 9 
 
 4 
 
 88 
 
 
 
 
 80 
 
 16 
 
 10 
 
 9 
 
 
 
 440 
 
 2 
 
 11 
 
 49 
 
 
 
 799 
 
 9 
 
 
 
 89 
 
 
 
 
 89 
 
 16 
 
 6 
 
 10 
 
 
 
 449 
 
 2 
 
 7 
 
 50 
 
 
 
 808 
 
 8 
 
 8 
 
 90 
 
 
 
 
 98 
 
 16 
 
 2 
 
 11 
 
 
 
 458 
 
 2 
 
 3 
 
 51 
 
 
 
 817 
 
 8 
 
 3 
 
 91 
 
 
 
 
 107 
 
 15 
 
 10 
 
 12 
 
 
 
 467 
 
 1 
 
 11 
 
 52 
 
 
 
 826 
 
 8 
 
 
 
 92 
 
 
 
 
 116 
 
 15 
 
 6 
 
 13 
 
 
 
 476 
 
 1 
 
 6 
 
 53 
 
 
 
 835 
 
 7 
 
 7 
 
 93 
 
 
 
 
 125 
 
 15 
 
 2 
 
 14 
 
 
 
 485 
 
 1 
 
 2 
 
 54 
 
 
 
 844 
 
 7 
 
 3 
 
 94 
 
 
 
 
 134 
 
 14 
 
 9 
 
 15 
 
 
 
 494 
 
 
 
 10 
 
 55 
 
 
 
 853 
 
 6 
 
 11 
 
 95 
 
 
 
 
 143 
 
 14 
 
 5 
 
 16 
 
 
 
 503 
 
 
 
 6 
 
 56 
 
 
 
 862 
 
 6 
 
 7 
 
 96 
 
 
 
 
 152 
 
 14 
 
 1 
 
 17 
 
 
 
 512 
 
 
 
 2 
 
 57 
 
 
 
 871 
 
 6 
 
 2 
 
 97 
 
 
 
 
 161 
 
 13 
 
 9 
 
 18 
 
 
 
 520 
 
 19 
 
 9 
 
 58 
 
 
 
 880 
 
 5 
 
 10 
 
 98 
 
 
 
 
 170 
 
 13 
 
 4 
 
 19 
 
 
 
 529 
 
 19 
 
 5 
 
 59 
 
 
 
 889 
 
 5 
 
 6 
 
 99 
 
 
 
 
 179 
 
 13 
 
 
 
 20 
 
 
 
 538 
 
 19 
 
 1 
 
 60 
 
 
 
 898 
 
 5 
 
 2 
 
 100 
 
 
 
 
 188 
 
 12 
 
 8 
 
 21 
 
 
 
 547 
 
 18 
 
 9 
 
 61 
 
 
 
 907 
 
 4 
 
 10 
 
 101 
 
 
 
 
 197 
 
 12 
 
 4 
 
 22 
 
 
 
 556 
 
 18 
 
 5 
 
 62 
 
 
 
 916 
 
 4 
 
 5 
 
 102 
 
 
 
 
 206 
 
 12 
 
 
 
 23 
 
 
 
 565 
 
 18 
 
 1 
 
 63 
 
 
 
 925 
 
 4 
 
 1 
 
 103 
 
 
 
 
 215 
 
 11 
 
 8 
 
 24 
 
 
 
 574 
 
 17 
 
 8 
 
 64 
 
 
 
 934 
 
 3 
 
 9 
 
 104 
 
 
 
 
 224 
 
 11 
 
 3 
 
 25 
 
 
 
 583 
 
 17 
 
 4 
 
 65 
 
 
 
 943 
 
 3 
 
 5 
 
 105 
 
 
 
 
 233 
 
 10 
 
 11 
 
 26 
 
 
 
 592 
 
 17 
 
 
 
 66 
 
 
 
 952 
 
 3 
 
 1 
 
 106 
 
 
 
 
 242 
 
 10 
 
 7 
 
 27 
 
 
 
 601 
 
 16 
 
 8 
 
 67 
 
 
 
 961 
 
 2 
 
 9 
 
 107 
 
 
 
 
 251 
 
 10 
 
 3 
 
 28 
 
 
 
 610 
 
 16 
 
 3 
 
 68 
 
 
 
 970 
 
 2 
 
 5 
 
 108 
 
 
 
 
 260 
 
 9 
 
 11 
 
 29 
 
 
 
 619 
 
 16 
 
 
 
 69 
 
 
 
 979 
 
 2 
 
 
 
 109 
 
 
 
 
 269 
 
 9 
 
 7 
 
 30 
 
 
 
 628 
 
 15 
 
 8 
 
 70 
 
 
 
 988 
 
 1 
 
 8 
 
 110 
 
 
 
 
 278 
 
 9 
 
 2 
 
 31 
 
 
 
 637 
 
 15 
 
 3 
 
 71 
 
 
 
 997 
 
 1 
 
 4 
 
 111 
 
 
 
 
 267 
 
 8 
 
 10 
 
 32 
 
 
 
 646 
 
 14 
 
 11 
 
 72 
 
 
 
 1,006 
 
 1 
 
 
 
 112 
 
 
 
 
 296 
 
 8 
 
 6 
 
 33 
 
 
 
 655 
 
 14 
 
 6 
 
 73 
 
 
 
 1,015 
 
 
 
 8 
 
 113 
 
 
 
 
 305 
 
 8 
 
 2 
 
 34 
 
 
 
 664 
 
 14 
 
 2 
 
 74 
 
 
 
 1,024 
 
 
 
 3 
 
 114 
 
 
 
 
 314 
 
 7 
 
 9 
 
 35 
 
 
 
 673 
 
 13 
 
 11 
 
 75 
 
 
 
 1,032 
 
 19 
 
 11 
 
 115 
 
 
 
 
 323 
 
 7 
 
 5 
 
 36 
 
 
 
 682 
 
 13 
 
 6 
 
 76 
 
 
 
 1,041 
 
 19 
 
 7 
 
 116 
 
 
 
 
 332 
 
 7 
 
 1 
 
 37 
 
 
 
 691 
 
 13 
 
 2 
 
 77 
 
 
 
 1,060 
 
 19 
 
 2 
 
 117 
 
 
 
 
 341 
 
 6 
 
 9 
 
 38 
 
 
 
 700 
 
 12 
 
 10 
 
 78 
 
 
 
 1,059 
 
 18 
 
 11 
 
 118 
 
 
 
 
 350 
 
 6 
 
 5 
 
 39 
 
 
 
 709 
 
 12 
 
 6 
 
 79 
 
 
 
 1,068 
 
 18 
 
 7 
 
 119 
 
 
 
 
 359 
 
 6 
 
 1 
 
 40 
 
 
 
 718 
 
 12 
 
 2 
 
 80 
 
 
 
 1,077 
 
 18 
 
 2 
 
 120 
 
 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 201 
 
 Table (c) showing Instalments which will pay off a Mortgage, with Interest at 
 i per cent, per Annum, in 20 half-years. 
 
 Mortgage. Instalment. 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgage. Instalment. 
 
 £ 
 
 8 
 
 16 
 
 24 10 
 32 14 
 
 49 
 67 
 65 
 73 
 
 2S1 12 
 269 16 
 
 81 
 
 15 
 
 2 
 
 89 
 
 18 
 
 8 
 
 98 
 
 2 
 
 2 
 
 106 
 
 5 
 
 8 
 
 114 
 
 9 
 
 2 
 
 122 
 
 12 
 
 9 
 
 130 
 
 16 
 
 3 
 
 138 
 
 19 
 
 9 
 
 147 
 
 3 
 
 3 
 
 155 
 
 6 
 
 9 
 
 163 
 
 10 
 
 3 
 
 171 
 
 13 
 
 10 
 
 179 
 
 17 
 
 4 
 
 1S8 
 
 
 
 10 
 
 196 
 
 4 
 
 4 
 
 204 
 
 7 
 
 10 
 
 212 
 
 11 
 
 4 
 
 220 
 
 14 
 
 11 
 
 228 
 
 18 
 
 5 
 
 237 
 
 1 
 
 11 
 
 245 
 
 5 
 
 5 
 
 8 11 
 6 
 
 
 277 19 
 
 286 3 
 
 294 6 
 
 302 10 
 
 310 13 
 
 318 17 
 
 327 
 
 10 
 
 
 
 10 
 
 
 10 
 
 
 10 
 
 
 10 
 
 
 10 
 
 
 10 
 
 
 10 
 
 
 
 8 10 
 
 9 
 9 10 
 
 10 O 
 
 10 10 
 
 11 
 
 11 10 
 
 12 
 
 12 10 
 
 13 
 
 13 10 
 
 14 
 
 14 10 
 
 15 
 
 15 10 
 
 16 
 
 16 10 
 
 17 
 
 17 10 
 
 18 
 
 18 10 
 
 19 
 
 19 10 
 
 20 
 
 £ 
 
 335 
 
 343 
 
 351 
 
 359 
 
 3G7 
 
 376 
 
 384 
 
 392 
 
 400 
 
 408 
 
 416 
 
 425 
 
 433 
 
 441 
 
 449 
 
 457 
 
 466 
 
 474 
 
 482 
 
 490 
 
 498 
 
 506 
 
 515 
 
 523 
 
 531 
 
 539 
 
 547 
 
 555 
 
 564 
 
 672 
 
 580 
 
 588 
 
 596 
 
 605 
 
 613 
 
 621 
 
 629 
 
 637 
 
 645 
 
 654 
 
 d. 
 1 
 
 7 
 1 
 7 
 2 
 8 
 2 
 8 
 2 
 9 
 3 
 9 
 
 9 9 
 
 13 3 
 
 16 10 
 
 4 
 3 10 
 7 4 
 
 10 10 
 
 14 4 
 
 17 11 
 
 1 5 
 
 11 11 
 15 6 
 
 19 
 2 
 
 13 
 
 16 
 
 
 
 3 
 
 7 
 
 10 
 
 14 
 
 17 
 
 1 
 
 £ s. 
 
 20 10 
 
 21 
 
 21 10 
 
 22 
 22 10 
 
 23 
 
 
 
 23 10 
 
 24 
 
 24 10 
 
 25 
 
 25 10 
 
 26 
 
 26 10 
 
 27 
 
 27 10 
 
 28 
 
 28 10 
 
 29 
 
 29 10 
 
 30 
 
 30 10 
 
 31 
 
 31 10 
 
 32 
 
 32 10 
 
 33 
 
 33 10 
 
 34 
 
 34 10 
 
 35 
 
 35 10 
 
 36 
 
 36 10 
 
 37 
 
 37 10 
 
 38 
 
 38 10 
 
 39 
 
 39 10 
 
 40 
 
 £ 
 662 
 670 
 678 
 G86 
 694 
 703 
 711 
 719 
 727 
 735 
 743 
 752 
 760 
 768 
 776 
 784 
 793 
 801 
 809 
 817 
 825 
 833 
 842 
 850 
 858 
 S66 
 874 
 882 
 891 
 899 
 907 
 915 
 923 
 932 
 940 
 948 
 956 
 964 
 972 
 981 
 
 a. d. 
 
 1 8 
 
 8 2 
 
 11 8 
 
 15 2 
 
 18 9 
 
 2 3 
 
 5 9 
 
 9 3 
 
 12 9 
 
 16 3 
 
 19 9 
 
 3 4 
 
 6 10 
 10 4 
 
 13 10 
 
 17 4 
 
 14 11 
 
 18 5 
 
 2 
 
 5 6 
 
 12 
 
 16 
 
 19 
 
 3 
 
 6 
 
 10 
 
 13 
 
 17 
 
 
 
 4 
 
 7 
 
 11 
 
 14 
 
 18 
 
 1 
 
 £ s. 
 
 40 10 
 
 41 
 
 41 10 
 
 42 
 
 42 10 
 
 43 
 
 43 10 
 
 44 
 
 44 10 
 
 45 
 
 45 10 
 
 46 
 
 46 10 
 
 47 
 
 47 10 
 
 48 
 
 48 10 
 
 49 
 
 49 10 
 
 50 
 
 50 10 
 
 51 
 
 51 10 
 
 52 
 
 52 10 
 
 53 
 
 53 10 
 64 
 
 54 10 
 
 55 
 
 55 10 
 
 56 
 
 56 10 
 
 57 
 67 10 
 
 58 
 
 58 10 
 69 
 
 59 10 
 
 60 
 
202 SALES AlfD OftBEIlS UlfDEft THE IftlSB: CHURCH AO*. 
 
 Table (d) showing Instalments which will pay off a Mortgage, with Interest at 
 i per cent, per annum, in 30 halfc-years. 
 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgage. 
 
 Instalment. 
 
 
 £ s. 
 
 d. 
 
 £ «. 
 
 £ 
 
 ». 
 
 d. 
 
 £ 
 
 s. 
 
 £ 
 
 8. 
 
 d. 
 
 £ 
 
 B. 
 
 
 6 12 
 
 
 
 5 
 
 229 
 
 11 
 
 3 
 
 10 
 
 5 
 
 453 
 
 10 
 
 7 
 
 20 
 
 5 
 
 
 11 3 
 
 11 
 
 10 
 
 235 
 
 3 
 
 3 
 
 10 
 
 10 
 
 459 
 
 2 
 
 7 
 
 20 
 
 10 
 
 
 16 15 
 
 11 
 
 15 
 
 240 
 
 15 
 
 3 
 
 10 
 
 15 
 
 464 
 
 14 
 
 6 
 
 20 
 
 15 
 
 
 22 7 
 
 11 
 
 1 
 
 246 
 
 7 
 
 3 
 
 11 
 
 
 
 470 
 
 6 
 
 6 
 
 21 
 
 
 
 
 27 19 
 
 11 
 
 1 5 
 
 251 
 
 19 
 
 2 
 
 11 
 
 5 
 
 475 
 
 18 
 
 6 
 
 21 
 
 5 
 
 
 33 11 
 
 10 
 
 1 10 
 
 257 
 
 11 
 
 2 
 
 11 
 
 10 
 
 481 
 
 10 
 
 6 
 
 21 
 
 10 
 
 
 39 3 
 
 10 
 
 1 15 
 
 263 
 
 3 
 
 2 
 
 11 
 
 15 
 
 487 
 
 2 
 
 6. 
 
 21 
 
 15 
 
 
 44 15 
 
 10 
 
 2 
 
 268 
 
 15 
 
 2 
 
 12 
 
 
 
 492 
 
 14 
 
 5 
 
 22 
 
 
 
 
 50 7 
 
 10 
 
 2 5 
 
 274 
 
 7 
 
 2 
 
 12 
 
 5 
 
 498 
 
 6 
 
 5 
 
 22 
 
 5 
 
 
 55 19 
 
 10 
 
 2 10 
 
 279 
 
 19 
 
 
 12 
 
 10 
 
 503 
 
 18 
 
 6 
 
 22 
 
 10 
 
 
 61 11 
 
 9 
 
 2 15 
 
 285 
 
 11 
 
 
 12 
 
 15 
 
 509 
 
 10 
 
 5 
 
 22 
 
 15 
 
 
 «67 i,.-3 
 
 % 
 
 L 3 
 
 391 
 
 ; 3 
 
 
 13 
 
 
 
 515 
 
 2 
 
 4 
 
 23 
 
 
 
 
 •6?2 ,J5 
 
 % 
 
 T 3 ;■■* 
 
 296 
 
 15 
 
 
 13 
 
 5 
 
 520 
 
 14 
 
 4 
 
 23 
 
 5 
 
 
 o78 T-7 
 
 9 
 
 3 10 
 
 302 
 
 7 
 
 
 13 
 
 10 
 
 526 
 
 6 
 
 4 
 
 23 
 
 10 
 
 
 83 19 
 
 9 
 
 3 15 
 
 307 
 
 19 
 
 
 
 13 
 
 15 
 
 '531 
 
 18 
 
 4 
 
 23 
 
 15 
 
 
 89 11 
 
 8 
 
 4 
 
 313 
 
 11 
 
 
 
 14 
 
 
 
 537 
 
 10 
 
 4 
 
 24 
 
 
 
 
 95 3 
 
 8 
 
 4 5 
 
 319 
 
 3 
 
 
 
 14 
 
 5 
 
 643 
 
 2 
 
 3 
 
 24 
 
 5 
 
 
 100 15 
 
 8 
 
 4 10 
 
 324 
 
 15 
 
 
 
 14 
 
 10 
 
 548 
 
 14 
 
 3 
 
 24 
 
 10 
 
 
 106 7 
 
 8 
 
 4 15 
 
 330 
 
 7 
 
 
 
 14 
 
 15 
 
 554 
 
 6 
 
 3 
 
 24 
 
 15 
 
 
 111 19 
 
 8 
 
 5 
 
 835 
 
 18 
 
 11 
 
 15 
 
 
 
 559 
 
 18 
 
 3 
 
 25 
 
 
 
 
 117 11 
 
 7 
 
 6 5 
 
 341 
 
 10 
 
 11 
 
 15 
 
 5 
 
 565 
 
 10 
 
 3 
 
 25 
 
 5 
 
 
 123 ,3 
 
 7 
 
 5 10 
 
 347 
 
 2 
 
 11 
 
 15 
 
 10 
 
 571 
 
 2 
 
 2 
 
 25 
 
 10 
 
 
 128 15 
 
 7 
 
 5 15 
 
 352 
 
 14 
 
 11, 
 
 15 
 
 15 
 
 676 
 
 14 
 
 2 
 
 25 
 
 15 
 
 
 134 7 
 
 7 
 
 6 
 
 358 
 
 6 
 
 10 
 
 16 
 
 
 
 582 
 
 6 
 
 2 
 
 26 
 
 
 
 
 139 19 
 
 7 
 
 6 5 
 
 363 
 
 18 
 
 10 
 
 16 
 
 5 
 
 587 
 
 18 
 
 2 
 
 26 
 
 5 
 
 
 145 11 
 
 6 
 
 6 10 
 
 369 
 
 10 
 
 10 
 
 16 
 
 10 
 
 593 
 
 10 
 
 2 
 
 26 
 
 10 
 
 
 151 3 
 
 6 
 
 6 16 
 
 375 
 
 2 
 
 10 
 
 16 
 
 15 
 
 599 
 
 2 
 
 1 
 
 26 
 
 15 
 
 
 156 16 
 
 6 
 
 7 
 
 380 
 
 14 
 
 10 
 
 17 
 
 
 
 604 
 
 14 
 
 1 
 
 27 
 
 
 
 
 162 7 
 
 6 
 
 7 5 
 
 386 
 
 6 
 
 9 
 
 17 
 
 5 
 
 610 
 
 6 
 
 1 
 
 27 
 
 5 
 
 
 167 19 
 
 6 
 
 7 10 
 
 391 
 
 18 
 
 9 
 
 17 
 
 10 
 
 615. 
 
 18 
 
 1 
 
 27 
 
 10 
 
 
 173 11 
 
 5 
 
 7 15 
 
 397 
 
 10 
 
 9 
 
 17 
 
 15 
 
 621 
 
 10 
 
 1 
 
 27 
 
 15 
 
 
 179 3 
 
 5 
 
 8 
 
 408 
 
 2 
 
 9 
 
 18 
 
 
 
 627 
 
 2 
 
 
 
 28 
 
 
 
 
 184 15 
 
 5 
 
 8 5 
 
 408 
 
 14 
 
 9 
 
 18 
 
 5 
 
 632 
 
 14 
 
 
 
 28 
 
 5 
 
 
 190 7 
 
 5 
 
 8 10 
 
 414 
 
 6 
 
 8 
 
 18 
 
 10 
 
 638 
 
 6 
 
 
 
 28 
 
 10 
 
 
 195 19 
 
 4 
 
 . 8 15 
 
 419 
 
 18 
 
 8 
 
 18 
 
 15 
 
 643 
 
 18 
 
 
 
 .28 
 
 15 
 
 
 201 11 
 
 4 
 
 9 
 
 425 
 
 10 
 
 8 
 
 19 
 
 
 
 649 
 
 9 
 
 11 
 
 29 
 
 
 
 
 207 3 
 
 4 
 
 9 $ 
 
 431 
 
 2 
 
 8 
 
 ,19 
 
 5 
 
 655 
 
 1 
 
 11 
 
 29 
 
 5 
 
 
 212 15 
 
 4 
 
 9 10 
 
 436 
 
 14 
 
 8 
 
 19 
 
 10 
 
 660 
 
 13 
 
 111 
 
 29 
 
 10 
 
 
 218 7 
 
 4 
 
 9 15 
 
 442 
 
 6 
 
 7 
 
 19 
 
 15 
 
 666 
 
 5 
 
 11 
 
 29 
 
 15 
 
 |.ft» »*» , 
 
 * 
 
 ilO ,9 
 
 447 Bl8 
 
 7 
 
 20 
 
 "I 
 
 671 
 
 17 
 
 11 
 
 80 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
KTJlES Afcb OitbERS UfcrbER THE IRISH CHtJRCH AM. 'fSO'3 
 
 Table (e) showing Instalments which will pay off a Mortgage, with Interest, at 
 4 per cent, per annum, in 40 half-years. 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgage. 
 
 Instalment. 
 
 £ 
 
 s. 
 
 d. 
 
 £ 
 
 a. 
 
 £ 
 
 8. 
 
 d. 
 
 £ 
 
 - a. 
 
 £ 
 
 s. 
 
 d. 
 
 £ 
 
 a. 
 
 6 
 
 16 
 
 9 
 
 
 
 5 
 
 280 
 
 7 
 
 10 
 
 10 
 
 5 
 
 553 
 
 18. 
 
 11 
 
 20 
 
 5 
 
 13 
 
 13 
 
 7 
 
 
 
 10 
 
 287 
 
 4 
 
 8 
 
 10 
 
 10 
 
 560 
 
 15 
 
 9 
 
 20 
 
 10 
 
 20 
 
 10 
 
 4 
 
 
 
 15 
 
 294 
 
 1 
 
 5 
 
 10 
 
 15 
 
 567 
 
 12 
 
 6 
 
 20 
 
 15 
 
 27 
 
 7 
 
 1 
 
 1 
 
 
 
 300 
 
 18 
 
 2 
 
 11 
 
 
 
 574 
 
 9 
 
 3 
 
 21 
 
 
 
 34 
 
 3 
 
 11 
 
 1 
 
 5 
 
 307 
 
 15 
 
 
 
 11 
 
 5 
 
 581 
 
 6 
 
 1 
 
 21 
 
 5 
 
 41 
 
 
 
 8 
 
 1 
 
 10 
 
 814 
 
 11 
 
 9 
 
 11 
 
 10 
 
 588 
 
 2 
 
 10 
 
 21 
 
 10 
 
 47 
 
 17 
 
 5 
 
 1 
 
 15 
 
 321 
 
 8 
 
 6 
 
 11 
 
 15 
 
 594 
 
 19 
 
 7 
 
 21 
 
 15 
 
 84 
 
 14 
 
 2 
 
 2 
 
 
 
 328 
 
 5 
 
 4 
 
 12 
 
 
 
 601 
 
 16 
 
 5. 
 
 22 
 
 
 
 61 
 
 11 
 
 
 
 2 
 
 5 
 
 335 
 
 2 
 
 1 
 
 12 
 
 5 
 
 608 
 
 13 
 
 2 
 
 22 
 
 5 
 
 68 
 
 7 
 
 9 
 
 2 
 
 10 
 
 341 
 
 18 
 
 10 
 
 12 
 
 10 
 
 615 
 
 9 
 
 11 
 
 22 
 
 10 
 
 75 
 
 4 
 
 7 
 
 2 
 
 15 
 
 348 
 
 15 
 
 8 
 
 12 
 
 15 
 
 622 
 
 6 
 
 9 
 
 22 
 
 15 
 
 82 
 
 1 
 
 4 
 
 3 
 
 
 
 355 
 
 12 
 
 5 
 
 13 
 
 
 
 629 
 
 3 
 
 6 
 
 23 
 
 
 
 88 
 
 18 
 
 1 
 
 3 
 
 5 
 
 362 
 
 9 
 
 2 
 
 13 
 
 5 
 
 636 
 
 
 
 3 
 
 23 
 
 5 
 
 95 
 
 14 
 
 10 
 
 3 
 
 10 
 
 369 
 
 C 
 
 
 
 13 
 
 10 
 
 642 
 
 17 
 
 1 
 
 23 
 
 10 
 
 102 
 
 11 
 
 8 
 
 3 
 
 15 
 
 376 
 
 2 
 
 9 
 
 13 
 
 15 
 
 649 
 
 13 
 
 10 
 
 23 
 
 15 
 
 109 
 
 8 
 
 5 
 
 4 
 
 
 
 382 
 
 19 
 
 6 
 
 14 
 
 
 
 656 
 
 10 
 
 7 
 
 24 
 
 
 
 116 
 
 5 
 
 2 
 
 4 
 
 5 
 
 389 
 
 1G 
 
 3 
 
 14 
 
 5 
 
 663 
 
 7 
 
 5 
 
 24 
 
 5 
 
 123 
 
 2 
 
 
 
 4 
 
 10 
 
 396 
 
 13 
 
 1 
 
 14 
 
 10 
 
 670- 
 
 4 
 
 2 
 
 24 
 
 10 
 
 129 
 
 18 
 
 9 
 
 4 
 
 15 
 
 403 
 
 9 
 
 10 
 
 > 14 
 
 15 
 
 677 
 
 
 
 11 
 
 24 
 
 15 
 
 136 
 
 15 
 
 7 
 
 5 
 
 
 
 410 
 
 6 
 
 8 
 
 15 
 
 
 
 683 
 
 17 
 
 9 
 
 25 
 
 
 
 143 
 
 12 
 
 4 
 
 5 
 
 5 
 
 417 
 
 3 
 
 5 
 
 15 
 
 5 
 
 690 
 
 14 
 
 6 
 
 25 
 
 5 
 
 150 
 
 9 
 
 1 
 
 5 
 
 10 
 
 424 
 
 
 
 2 
 
 15 
 
 10 
 
 697 
 
 11 
 
 3 
 
 25 
 
 10 
 
 157 
 
 5 
 
 10 
 
 5 
 
 15 
 
 430 
 
 17 
 
 
 
 15 
 
 15 
 
 704 
 
 8 
 
 1 
 
 25 
 
 15 
 
 164 
 
 2 
 
 8 
 
 6 
 
 
 
 437 
 
 13 
 
 9 
 
 16 
 
 
 
 711 
 
 4 
 
 10 
 
 26 
 
 
 
 170 
 
 19 
 
 5 
 
 6 
 
 5 
 
 444 
 
 10 
 
 6 
 
 16 
 
 5 
 
 718 
 
 1 
 
 7 
 
 26 
 
 5 
 
 177 
 
 16 
 
 2 
 
 6 
 
 10 
 
 451 
 
 7 
 
 3 
 
 16 
 
 10 
 
 724 
 
 18 
 
 5 
 
 26 
 
 10 
 
 184 
 
 13 
 
 
 
 .6 
 
 15 
 
 458 
 
 4 
 
 1 
 
 16 
 
 15 
 
 731 
 
 15 
 
 2 
 
 26 
 
 15 
 
 191 
 
 9 
 
 9 
 
 7 
 
 
 
 465 
 
 
 
 10 
 
 17 
 
 
 
 738 
 
 11 
 
 11 
 
 27 
 
 
 
 198 
 
 6 
 
 6 
 
 7 
 
 5 
 
 471 
 
 17 
 
 8 
 
 17 
 
 5 
 
 745 
 
 8 
 
 9 
 
 27 
 
 5 
 
 205 
 
 3 
 
 4 
 
 7 
 
 10 
 
 478 
 
 14 
 
 5 
 
 17 
 
 10 
 
 752 
 
 5 
 
 6 
 
 27 
 
 10 
 
 212 
 
 
 
 1 
 
 7 
 
 15 
 
 485 
 
 11 
 
 2 
 
 17 
 
 15 
 
 759 
 
 2 
 
 3 
 
 27 
 
 15 
 
 218 
 
 16 
 
 10 
 
 8 
 
 
 
 492 
 
 7 
 
 11 
 
 18 
 
 
 
 765 
 
 19 
 
 1 
 
 28 
 
 
 
 225 
 
 13 
 
 8 
 
 8 
 
 5 
 
 499 
 
 4 
 
 9 
 
 18 
 
 5 
 
 772 
 
 15 
 
 10 
 
 28 
 
 5 
 
 232 
 
 10 
 
 5 
 
 8 
 
 10 
 
 506 
 
 1 
 
 6 
 
 18 
 
 10 
 
 779 
 
 12 
 
 7 
 
 28 
 
 10 
 
 239 
 
 7 
 
 2 
 
 8 
 
 15 
 
 512 
 
 18 
 
 4 
 
 18 
 
 15 
 
 786 
 
 9 
 
 4 
 
 28 
 
 15 
 
 246 
 
 4 
 
 
 
 9 
 
 
 
 519 
 
 15 
 
 1 
 
 19 
 
 
 
 793 
 
 6 
 
 2 
 
 29 
 
 
 
 253 
 
 
 
 9 
 
 9 
 
 5 
 
 526 
 
 11 
 
 10 
 
 • 19 
 
 6 
 
 800 
 
 2 
 
 11 
 
 29 
 
 5 
 
 259 
 
 17 
 
 6 
 
 9 
 
 10 
 
 633 
 
 8 
 
 7 
 
 19 
 
 10 
 
 806 
 
 19 
 
 9 
 
 29 
 
 10 
 
 266 
 
 14 
 
 4 
 
 9 
 
 15 
 
 540 
 
 5 
 
 5 
 
 19 
 
 16 
 
 813 
 
 16 
 
 6 
 
 29 
 
 15 
 
 273 
 
 11 
 
 1 
 
 10 
 
 
 
 547 
 
 2 
 
 2 
 
 20 
 
 
 
 820 
 
 13 
 
 3 
 
 30 
 
 
 
204 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 Table (/) showing InBtalments which will pay off a Mortgage, with Interest at 
 4 per cent, per annum, in 50 half-years. 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgage. 
 
 Instalment. 
 
 Mortgage. 
 
 Instalment. 
 
 £ 
 
 8. 
 
 d. 
 
 £ 
 
 8. 
 
 £ 
 
 S. 
 
 d. 
 
 £ 
 
 s. 
 
 £ 
 
 8. 
 
 d. 
 
 £ 
 
 s. 
 
 7 
 
 17 
 
 1 
 
 
 
 6 
 
 322 
 
 1 
 
 10 
 
 10 
 
 5 
 
 636 
 
 S 
 
 1 
 
 20 
 
 5 
 
 15 
 
 14 
 
 3 
 
 
 
 10 
 
 329 
 
 18 
 
 11 
 
 10 
 
 10 
 
 644 
 
 3 
 
 8 
 
 20 
 
 10 
 
 33 
 
 11 
 
 4 
 
 
 
 15 
 
 337 
 
 16 
 
 1 
 
 10 
 
 15 
 
 652 
 
 
 
 9 
 
 20 
 
 15 
 
 31 
 
 8 
 
 6 
 
 1 
 
 
 
 345 
 
 13 
 
 2 
 
 11 
 
 
 
 659 
 
 17 
 
 11 
 
 21 
 
 
 
 39 
 
 5 
 
 7 
 
 1 
 
 5 
 
 353 
 
 10 
 
 4 
 
 11 
 
 5 
 
 667 
 
 15 
 
 
 
 21 
 
 5 
 
 47 
 
 2 
 
 9 
 
 1 
 
 10 
 
 361 
 
 7 
 
 5 
 
 11 
 
 10 
 
 675 
 
 12 
 
 2 
 
 21 
 
 10 
 
 04 
 
 19 
 
 10 
 
 1 
 
 15 
 
 369 
 
 4 
 
 7 
 
 11 
 
 15 
 
 683 
 
 9 
 
 3 
 
 21 
 
 15 
 
 62 
 
 16 
 
 11 
 
 2 
 
 
 
 377 
 
 1 
 
 8 
 
 12 
 
 
 
 691 
 
 6 
 
 4 
 
 22 
 
 
 
 70 
 
 14 
 
 1 
 
 2 
 
 5 
 
 384 
 
 18 
 
 9 
 
 12 
 
 5 
 
 699 
 
 3 
 
 6 
 
 22 
 
 5 
 
 78 
 
 11 
 
 2 
 
 2 
 
 10 
 
 392 
 
 15 
 
 11 
 
 12 
 
 10 
 
 707 
 
 
 
 7 
 
 22 
 
 10 
 
 86 
 
 8 
 
 4 
 
 2 
 
 15 
 
 400 
 
 13 
 
 
 
 12 
 
 15 
 
 714 
 
 17 
 
 9 
 
 22 
 
 15 
 
 94 
 
 5 
 
 5 
 
 3 
 
 
 
 408 
 
 10 
 
 2 
 
 13 
 
 
 
 722 
 
 14 
 
 10 
 
 23 
 
 
 
 102 
 
 2 
 
 6 
 
 3 
 
 5 
 
 416 
 
 7 
 
 3 
 
 13 
 
 5 
 
 730 
 
 11 
 
 11 
 
 23 
 
 5 
 
 109 
 
 19 
 
 8 
 
 3 
 
 10 
 
 424 
 
 4 
 
 5 
 
 13 
 
 10 
 
 738 
 
 9 
 
 1 
 
 23 
 
 10 
 
 117 
 
 16 
 
 9 
 
 3 
 
 15 
 
 432 
 
 1 
 
 6 
 
 13 
 
 15 
 
 746 
 
 6 
 
 2 
 
 28 
 
 15 
 
 125 
 
 13 
 
 11 
 
 i 
 
 
 
 439 
 
 18 
 
 7 
 
 14 
 
 
 
 754 
 
 3 
 
 4 
 
 24 
 
 
 
 133 
 
 11 
 
 
 
 4 
 
 5 
 
 447 
 
 15 
 
 9 
 
 14 
 
 5 
 
 762 
 
 
 
 5 
 
 24 
 
 5 
 
 141 
 
 8 
 
 1 
 
 4 
 
 10 
 
 455 
 
 12 
 
 10 
 
 14 
 
 10 
 
 769 
 
 17 
 
 7 
 
 24 
 
 10 
 
 149 
 
 5 
 
 3 
 
 4 
 
 15 
 
 463 
 
 10 
 
 
 
 14 
 
 15 
 
 777 
 
 14 
 
 8 
 
 24 
 
 15 
 
 157 
 
 2 
 
 4 
 
 5 
 
 
 
 471 
 
 7 
 
 1 
 
 15 
 
 
 
 785 
 
 11 
 
 10 
 
 25 
 
 
 
 164 
 
 19 
 
 6 
 
 5 
 
 5 
 
 479 
 
 4 
 
 2 
 
 15 
 
 5 
 
 793 
 
 8 
 
 11 
 
 25 
 
 5 
 
 172 
 
 16 
 
 7 
 
 5 
 
 10 
 
 487 
 
 1 
 
 3 
 
 15 
 
 10 
 
 801 
 
 6 
 
 
 
 25 
 
 10 
 
 180 
 
 13 
 
 9 
 
 5 
 
 15 
 
 494 
 
 18 
 
 5 
 
 15 
 
 15 
 
 809 
 
 3 
 
 2 
 
 25 
 
 15 
 
 188 
 
 10 
 
 10 
 
 6 
 
 
 
 502 
 
 15 
 
 6 
 
 16 
 
 
 
 817 
 
 
 
 3 
 
 26 
 
 
 
 196 
 
 7 
 
 11 
 
 6 
 
 5 
 
 510 
 
 12 
 
 8 
 
 16 
 
 5 
 
 824 
 
 17 
 
 5 
 
 26 
 
 5 
 
 204 
 
 5 
 
 1 
 
 6 
 
 10 
 
 518 
 
 9 
 
 9 
 
 16 
 
 10 
 
 832 
 
 14 
 
 6 
 
 26 
 
 10 
 
 212 
 
 2 
 
 2 
 
 6 
 
 15 
 
 526 
 
 6 
 
 11 
 
 16 
 
 15 
 
 840 
 
 11 
 
 8 
 
 26 
 
 15 
 
 219 
 
 19 
 
 4 
 
 7 
 
 
 
 534 
 
 4 
 
 
 
 17 
 
 
 
 848 
 
 8 
 
 9 
 
 27 
 
 
 
 227 
 
 16 
 
 5 
 
 7 
 
 5 
 
 542 
 
 1 
 
 2 
 
 17 
 
 5 
 
 856 
 
 5 
 
 10 
 
 27 
 
 5 
 
 235 
 
 13 
 
 6 
 
 7 
 
 10 
 
 549 
 
 18 
 
 3 
 
 17 
 
 10 
 
 864 
 
 3 
 
 
 
 27 
 
 10 
 
 243 
 
 10 
 
 8 
 
 7 
 
 15 
 
 557 
 
 15 
 
 4 
 
 17 
 
 15 
 
 872 
 
 
 
 1 
 
 27 
 
 15 
 
 251 
 
 7 
 
 9 
 
 8 
 
 
 
 565 
 
 12 
 
 6 
 
 18 
 
 
 
 879 
 
 17 
 
 2 
 
 28 
 
 
 
 259 
 
 4 
 
 11 
 
 8 
 
 5 
 
 573 
 
 9 
 
 7 
 
 18 
 
 5 
 
 887 
 
 14 
 
 4 
 
 28 
 
 5 
 
 267 
 
 2 
 
 
 
 8 
 
 10 
 
 581 
 
 6 
 
 9 
 
 18 
 
 10 
 
 895 
 
 11 
 
 5 
 
 28 
 
 10 
 
 274 
 
 19 
 
 1 
 
 8 
 
 15 
 
 589 
 
 3 
 
 10 
 
 18 
 
 15 
 
 903 
 
 8 
 
 7 
 
 28 
 
 15 
 
 282 
 
 16 
 
 3 
 
 9 
 
 
 
 597 
 
 1 
 
 
 
 19 
 
 
 
 911 
 
 5 
 
 8 
 
 29 
 
 
 
 290 
 
 13 
 
 4 
 
 9 
 
 5 
 
 604 
 
 18 
 
 1 
 
 19 
 
 5 
 
 919 
 
 2 
 
 10 
 
 29 
 
 5 
 
 298 
 
 10 
 
 6 
 
 9 
 
 10 
 
 612 
 
 15 
 
 2 
 
 19 
 
 10 
 
 926 
 
 19 
 
 11 
 
 29 
 
 10 
 
 306 
 
 7 
 
 7 
 
 9 
 
 15 
 
 620 
 
 12 
 
 4 
 
 19 
 
 15 
 
 934 
 
 17 
 
 
 
 29 
 
 15 
 
 314 
 
 4 
 
 9 
 
 10 
 
 
 
 628 
 
 9 
 
 5 
 
 20 
 
 
 
 942 
 
 14 
 
 2 
 
 30 
 
 
 
ETJI.ES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 205 
 
 Table (jj) showing Instalments -which will pay off a Mortgage, with Interest at 
 4 per cent, per annum, in 64 half-years. 
 
 Mortgag 
 
 3. 
 
 Instalment. 
 
 Mortgag 
 
 B. 
 
 Instalment. 
 
 Mortgage. 
 
 Instalment 
 
 £ s. 
 
 d. 
 
 £ 
 
 s. 
 
 £ 
 
 S. 
 
 d. 
 
 £ 
 
 s, 
 
 £ 
 
 a. 
 
 d. 
 
 £ 
 
 a. 
 
 8 19 
 
 7 
 
 
 
 5 
 
 368 
 
 3 
 
 10 
 
 10 
 
 5 
 
 727 
 
 8 
 
 2 
 
 20 
 
 5 
 
 17 19 
 
 2 
 
 
 
 10 
 
 377 
 
 3 
 
 6 
 
 10 
 
 10 
 
 736 
 
 7 
 
 9 
 
 20 
 
 10 
 
 26 18 
 
 10 
 
 
 
 15 
 
 386 
 
 3 
 
 1 
 
 10 
 
 15 
 
 745 
 
 7 
 
 4 
 
 20 
 
 15 
 
 35 18 
 
 5 
 
 1 
 
 
 
 395 
 
 2 
 
 8 
 
 11 
 
 
 
 754 
 
 7 
 
 
 
 21 
 
 
 
 44 18 
 
 
 
 1 
 
 5 
 
 404 
 
 2 
 
 3 
 
 11 
 
 5 
 
 763 
 
 6 
 
 7 
 
 21 
 
 5 
 
 53 17 
 
 8 
 
 1 
 
 10 
 
 413 
 
 1 
 
 11 
 
 11 
 
 10 
 
 772 
 
 6 
 
 2 
 
 21 
 
 10 
 
 62 17 
 
 3 
 
 1 
 
 15 
 
 422 
 
 1 
 
 6 
 
 11 
 
 15 
 
 781 
 
 5 
 
 101 
 
 21 
 
 15 
 
 71 16 
 
 19 
 
 2 
 
 
 
 431 
 
 1 
 
 1 
 
 12 
 
 
 
 790 
 
 5 
 
 5 
 
 22 
 
 
 
 80 16 
 
 5 
 
 2 
 
 5 
 
 440 
 
 
 
 9 
 
 12 
 
 5 
 
 799 
 
 5 
 
 
 
 22 
 
 5 
 
 89 16 
 
 1 
 
 2 
 
 10 
 
 449 
 
 
 
 4 
 
 12 
 
 10 
 
 808 
 
 4 
 
 7 
 
 22 
 
 10 
 
 98 15 
 
 8 
 
 2 
 
 15 
 
 457 
 
 19 
 
 11 
 
 12 
 
 15 
 
 817 
 
 4 
 
 3 
 
 22 
 
 15 
 
 107 15 
 
 3 
 
 3 
 
 
 
 "466 
 
 19 
 
 7 
 
 13 
 
 
 
 826 
 
 3 
 
 10 
 
 23 
 
 
 
 116 14 
 
 10 
 
 3 
 
 6 
 
 475 
 
 19 
 
 2 
 
 13 
 
 5 
 
 835 
 
 3 
 
 5 
 
 23 
 
 5 
 
 125 14 
 
 6 
 
 3 
 
 10 
 
 484 
 
 18 
 
 9 
 
 13 
 
 10 
 
 844 
 
 3 
 
 
 
 23 
 
 10 
 
 134 14 
 
 1 
 
 3 
 
 15 
 
 493 
 
 18 
 
 4 
 
 13 
 
 15 
 
 853 
 
 2 
 
 8 
 
 23 
 
 15 
 
 143 13 
 
 8 
 
 4 
 
 
 
 502 
 
 18 
 
 
 
 14 
 
 
 
 862 
 
 2 
 
 3 
 
 24 
 
 
 
 152 13 
 
 4 
 
 4 
 
 5 
 
 511 
 
 17 
 
 7 
 
 14 
 
 5 
 
 871 
 
 1 
 
 10 
 
 24 
 
 5 
 
 161 12 
 
 11 
 
 4 
 
 10 
 
 520 
 
 17 
 
 2 
 
 14 
 
 10 
 
 880 
 
 1 
 
 6 
 
 24 
 
 10 
 
 170 12 
 
 6 
 
 4 
 
 15 
 
 529 
 
 16 
 
 10 
 
 14 
 
 15 
 
 889 
 
 1 
 
 1 
 
 24 
 
 15 
 
 179 12 
 
 2 
 
 5 
 
 
 
 538 
 
 16 
 
 5 
 
 15 
 
 
 
 898 
 
 
 
 8 
 
 25 
 
 
 
 188 11 
 
 9 
 
 5 
 
 5 
 
 547 
 
 16 
 
 
 
 15 
 
 5 
 
 907 
 
 
 
 3 
 
 25 
 
 5 
 
 197 11 
 
 4 
 
 5 
 
 IS 
 
 556 
 
 15 
 
 7 
 
 15 
 
 10 
 
 915 
 
 19 
 
 11 
 
 25 
 
 10 
 
 206 11 
 
 
 
 5 
 
 15 
 
 565 
 
 15 
 
 3 
 
 15 
 
 15 
 
 924 
 
 19 
 
 6 
 
 25 
 
 15 
 
 215 10 
 
 7 
 
 6 
 
 
 
 574 
 
 14 
 
 10 
 
 16 
 
 
 
 933 
 
 19 
 
 1 
 
 26 
 
 
 
 224 10 
 
 2 
 
 6 
 
 5 
 
 583 
 
 14 
 
 5 
 
 16 
 
 5 
 
 942 
 
 18 
 
 9 
 
 26 
 
 5 
 
 233 9 
 
 9 
 
 6 
 
 10 
 
 592 
 
 14 
 
 1 
 
 16 
 
 10 
 
 951 
 
 18 
 
 4 
 
 26 
 
 10 
 
 242 9 
 
 4 
 
 6 
 
 15 
 
 601 
 
 13 
 
 8 
 
 16 
 
 15 
 
 960 
 
 17 
 
 11 
 
 26 
 
 15 
 
 251 9 
 
 
 
 7 
 
 
 
 610 
 
 13 
 
 3 
 
 17 
 
 
 
 969 
 
 17 
 
 7 
 
 27 
 
 
 
 260 8 
 
 7 
 
 7 
 
 5 
 
 619 
 
 12 
 
 10 
 
 17 
 
 5 
 
 978 
 
 17 
 
 2 
 
 27 
 
 5 
 
 269 8 
 
 2 
 
 7 
 
 10 
 
 628 
 
 12 
 
 6 
 
 17 
 
 10 
 
 987 
 
 16 
 
 9 
 
 27 
 
 10 
 
 278 7 
 
 10 
 
 7 
 
 15 
 
 637 
 
 12 
 
 1 
 
 17 
 
 15 
 
 996 
 
 16 
 
 4 
 
 27 
 
 15 
 
 287 7 
 
 5 
 
 8 
 
 
 
 646 
 
 11 
 
 8 
 
 18 
 
 
 
 1,005 
 
 16 
 
 
 
 28 
 
 
 
 296 7 
 
 
 
 8 
 
 5 
 
 655 
 
 11 
 
 3 
 
 18 
 
 5 
 
 1,014 
 
 15 
 
 7 
 
 28 
 
 5 
 
 305 6 
 
 7 
 
 8 
 
 10 
 
 664 
 
 10 
 
 11 
 
 18 
 
 10 
 
 1,023 
 
 15 
 
 2 
 
 28 
 
 10 
 
 314 6 
 
 3 
 
 8 
 
 15 
 
 673 
 
 10 
 
 6 
 
 18 
 
 15 
 
 1,032 
 
 14 
 
 10 
 
 28 
 
 15 
 
 323 5 
 
 10 
 
 9 
 
 
 
 682 
 
 10 
 
 1 
 
 19 
 
 
 
 1,041 
 
 14 
 
 5 
 
 29 
 
 
 
 332 5 
 
 5 
 
 9 
 
 5 
 
 691 
 
 9 
 
 9 
 
 19 
 
 5 
 
 1,050 
 
 14 
 
 
 
 29 
 
 5 
 
 341 5 
 
 1 
 
 9 
 
 10 
 
 700 
 
 9 
 
 4 
 
 19 
 
 10 
 
 1,059 
 
 13 
 
 7 
 
 29 
 
 10 
 
 350 4 
 
 8 
 
 9 
 
 15 
 
 709 
 
 8 
 
 11 
 
 19 
 
 15 
 
 1,068 
 
 13 
 
 2 
 
 29 
 
 15 
 
 359 4 
 
 3 
 
 10 
 
 
 
 718 
 
 8 
 
 7 
 
 20 
 
 
 
 1,077 
 
 12 
 
 10 
 
 30 
 
 
 
206 EULB& AND OftDERS tJNDER TH°E IRISH CHUfcCH k&i. 
 
 Table (Ji) showing the 
 
 present amount for which Outstanding Instalments of 
 
 
 Mortgages for sixty-fow half-yews can be redeemed. 
 
 Number of 
 
 Year's 
 
 Present Value 
 
 Number of 
 
 Year's 
 
 Present Value 
 
 Instalments 
 
 Purchase 
 
 of 
 
 Instalments 
 
 Purchase 
 
 of 
 
 Outstand- 
 
 of 
 
 Instalments 
 
 Outstand- 
 
 of 
 
 Instalments 
 
 ing. 
 
 Instalments. 
 
 of £10. 
 
 ing. 
 
 Instalments. 
 
 of £10. 
 
 
 
 £ s. d. 
 
 
 
 £ a. d. 
 
 63 
 
 35'6398 
 
 356 8 
 
 51 
 
 31-7878 
 
 317 17 7 
 
 62 
 
 35-3526 
 
 353 10 6 
 
 50 
 
 31-4236 
 
 314 4 9 
 
 61 
 
 350597 
 
 350 11 11 
 
 49 
 
 31-0521 
 
 310 10 5 
 
 60 
 
 347609 
 
 347 12 2 
 
 48 
 
 30-6731 
 
 306 14 8 
 
 59 
 
 34-4561 
 
 344 11 3 
 
 47 
 
 30-2866 
 
 302 17 4 
 
 98 
 
 34-1452 
 
 341 9 1 
 
 46 
 
 29-8923 
 
 298 18 6 
 
 57 
 
 33-8281 
 
 338 5 8 
 
 45 
 
 29-4902 
 
 294 18 1 
 
 56 
 
 33-5047 
 
 335 11 
 
 44 
 
 29-0800 
 
 290 16 
 
 55 
 
 33-1748 
 
 331 15 
 
 43 
 
 28-6616 
 
 286 12 4 
 
 51 
 
 32-8383 
 
 328 7 8 
 
 42 
 
 28-2348 
 
 282 7 
 
 53 
 
 32-4950 
 
 324 19 
 
 41 
 
 27-7995 
 
 277 19 11 
 
 52 
 
 32-1449 
 
 321 9 
 
 40 
 
 27-3555 
 
 273 11 1 
 
 N.B. — In estimating the present value of outstanding instalments, the value of the 
 instalment which is accruing due (and which must he paid in full) should not be taken 
 into account. 
 
 Section 6. 
 
 Schedule of Forms of Conveyance, Mortgage Vest- 
 ing, and Merging Orders, and General Forms of 
 Procedure. 
 
 No. 1. — Form of Grant in Perpetuity. 
 
 This Indenture made the day of , in the year of our Lord 
 
 one thousand eight hundred and seventy- between the Commissioners 
 of Church Temporalities in Ireland, hereinafter called " the said Com- 
 missioners," of the one part, and , of , in the county of 
 hereinafter called "the said purchaser," of the other part. Whereas by 
 indenture of lease bearing date the day of , and made between 
 the Ecclesiastical Commissioners for Ireland of the one part, and the said 
 purchaser of the other part, the said Ecclesiastical Commissioners for 
 Ireland,' for the considerations therein mentioned, did demise unto the 
 said purchaser the lands, tenements, and hereditaments therein and here- 
 inafter more particularly mentioned and described, to hold the said de- 
 mised premises, with the appurtenances, unto the said purchaser, his 
 executors, administrators, and assigns, from the day of one 
 thousand eight hundred and for and during the term of twenty-one 
 years from thence next ensuing, and fully to be completed and ended, 
 subject to the payment of the yearly rent of £ to be paid at the four 
 usual feasts or days of payment in the year, that is to say, on the day 
 of , the day of , the day of , and the day of in 
 every year, by four even and equal portions over and above all quit rent, 
 crown rent, taxes, and impositions whatsoever. And whereas under and 
 by virtue of the Act of the 32nd and 33rd of Her Majesty Queen Victoria, 
 cap. 42, entitled "An Act to put an end. to the Establishment of the 
 Church in Ireland, and to make provision in respect of the Temporalities 
 thereof, and in respect of the Royal College of Maynooth," all the estates 
 real and personal of the said Ecclesiastical Commissioners for Ireland 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 207 
 
 have become legally vested in the said Commissioners parties hereto. 
 And whereas the said purchaser, being duly authorized and entitled in 
 that behalf, under and by virtue of the several Acts of Parliament in 
 force for altering and amending the laws relating to the Temporalities of 
 the Church in Ireland, did, on or about the day of , by notice in 
 writing under his hand bearing date the said day of , notify to 
 
 the said Commissioners that he the said purchaser was ready and willing 
 to purchase the fee-simple and inheritance of and in the said lands and 
 premises, pursuant to the provisions of the said Acts and in the manner 
 authorized thereby. And whereas the said Commissioners, pursuant to 
 the provisions of the said Acts, and to the several duties, powers, and 
 authorities thereby imposed upon and vested in them have duly proceeded 
 to ascertain the amount of the purchase-money to be paid by the said 
 purchaser as the consideration for the purchase of the fee-simple and 
 inheritance of and in the said lands and premises, and of the annual rent 
 to be reserved and made payable thereout, as hereinafter mentioned ; and 
 the said Commissioners have granted to the said purchaser a certificate 
 under their common seal, bearing date the day of , stating and 
 certifying, amongst other things, that the amount of the purchase-money 
 to be paid by the said purchaser as the consideration for the purchase of 
 the fee-simple and inheritance of and in the said lands and premises was 
 £ , and that the amount of the annual rent to be reserved and made 
 payable in and by the deed or deeds of conveyance to be executed to 
 him, the said purchaser was £ . And whereas the said Commissioners 
 have, pursuant to the said Acts, duly notified, in writing, to His Excel- 
 len cy the Lord Lieutenant of Ireland in Council, the terms and particulars 
 of the said proposed purchase of the said lands and premises, and the said 
 purchase-money to be paid in respect thereof, and the said annual rent 
 to be hereafter reserved from and out of the same lands and premises, 
 together with the amount of the annual rent and the average annual re- 
 newal fine heretofore payable in respect of the said lands and premises, 
 ascertained as in and by the said Acts is directed, and the said Lord 
 Lieutenant in Council has duly signified his approval thereof. And 
 whereas the said purchaser, pursuant to the provisions of the said Acts, 
 and within six calendar months after the date of the said last mentioned 
 certificate, has paid into the Bank of Ireland to the credit of the cash 
 account of the said Commissioners the said sum of £ , and hath pro- 
 duced to the said Commissioners the receipt of the Cashier of the Bank 
 of Ireland for the said sum of £ , the amount of the said purchase- 
 
 money. And whereas, as well, all and singular the matters and things 
 hereinbefore mentioned, as all other acts, deeds, matters, and things what- 
 soever necessary or proper to be done or performed, or in order, or previous 
 to the completion of such purchase as aforesaid, have been duly and fully 
 done and performed, pursuant to the provisions of the said Acts, and 
 according to the true intent and meaning thereof. Now this Indenture 
 witnesseth that the said Commissioners, pursuant to and by virtue and 
 authority of the said Acts, and in consideration of the said sum of £ 
 sterling, so paid by the said purchaser, as aforesaid, and in consideration of 
 the annual rent and covenants hereinafter reserved and contained on the 
 part of the said purchaser, his heirs, and assigns, to be paid, done, and 
 performed, do, by these presents, grant, bargain, sell, convey, release, and 
 confirm unto the said purchaser, and to his heirs, all that and those [here 
 state lands], situate, lying, and being in the diocese of _ and county of 
 as now in the possession of the said purchaser, or his under-tenants, 
 together with all buildings, houses, out-houses, gardens, yards, orchards, 
 ways, paths, passages, waters, water-courses, royalties, mines, minerals, 
 
 Q 2 
 
208 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 quarries, mosses, trees, woods, underwoods, turf, turf bogs, commons, 
 commonable rights, hedges, ditches, fences, mounds, liberties, privileges, 
 profits, commodities, advantages, easements, and appurtenances whatso- 
 ever to the said lands, tenements, and premises hereby released and con- 
 veyed, or intended so to be, or to any of them, or any part thereof 
 respectively belonging or in anywise appertaining, or with the same or 
 any part thereof now or at any time heretofore usually held, occupied, or 
 enjoyed, or accepted, reputed, deemed, taken, or known as part, parcel, 
 or member thereof, or of any of them respectively, and the reversion and 
 reversions, remainder and remainders, yearly, and other the rents, issues, 
 and profits of the said lands, tenements, and premises hereby released and 
 conveyed or intended so to be, and every part and parcel of the same, 
 with their and every of their appurtenances, and all the estate, right, title, 
 and interest, use, trust, inheritance, property, possession, claim, and demand 
 whatsoever, both at law and in equity, or otherwise howsoever of them the 
 said Commissioners of, into, or out of, or upen the said lands, tenements, and 
 premises with their and every of their appurtenances (subject, however, 
 to the covenants and provisoes hereinafter contained in relation to mines 
 and quarries of marble or slate which may hereafter be opened and worked 
 in, on, or under the said lands, tenements, and premises, and the rents to 
 be reserved thereout), to have and to hold the said lands, tenements, and 
 premises, and all other the premises hereby released and conveyed, or in- 
 tended so to be, with their and every of their appurtenances unto the said 
 purchaser, his heirs and assigns, to the use of him the said purchaser, his 
 heirs and assigns for ever, in as full, large, ample, and beneficial a manner 
 as the said Commissioners have, or may, or can have power or authority 
 to grant, release, and convey the same under and by virtue of the said 
 Acts, he, the said purchaser, his heirs and- assigns, yielding and paying 
 therefor and thereout yearly and every year, unto the said Commissioners, 
 their successors and assigns for ever the yearly rent or sum of £ , or 
 
 such increased or diminished yearly rent or sum as shall or may from 
 time to time or at any time hereafter be substituted in the place or stead 
 of the said reserved yearly rent, pursuant to the provisions for that purpose 
 contained in the said Acts, the said reserved yearly rent, or such increased 
 or diminished yearly rent so to be substituted in the place or stead thereof, 
 to be paid and payable by four even and equal quarterly payments in the 
 year, that is to say, on the day of , day of , day of 
 
 , and day of , in each and every year clear over and above 
 
 all quit and crown rent, taxes, charges, assessments, and deductions what- 
 soever, as well present as future, the first quarterly payment thereof to 
 be made on which ever of said gale days shall occur next ensuing the date 
 hereof; and the said purchaser for himself, his heirs, executors^ adminis- 
 trators, and assigns, doth hereby covenant, promise, and agree to and 
 with the said Commissioners, their successors and assigns, in manner and 
 form following, that is to say, that he the said purchaser, his heirs and 
 assigns, shall and will from time to time, and at all times hereafter, well 
 and truly pay, or cause to be paid, unto the said Commissioners, their 
 successors and assigns, the said yearly rent hereby reserved and made 
 payable, or such other rent as shall or may be substituted for the same 
 as aforesaid, upon and at the several days and times hereinbefore respect- 
 ively provided for payment of same ; and if it shall happen that the said 
 yearly rent hereby reserved, or such other rent as shall or may be substi- 
 tuted for the same as aforesaid, or any part or parts thereof respectively 
 shall be in arrear or unpaid for or by the space of twenty-one days next 
 after either or any of the said days whereon the same ought to be paid 
 as aforesaid, that then, and so often as it shall so happen, it shall and may 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 209 
 
 be lawful to and for the said Commissioners, their successors and assigns, 
 into the said lands and premises hereby granted and conveyed, or any 
 part thereof, to enter and distrain, and the distress and distresses then and 
 there found, to take, lead, drive, carry away, and thereof to dispose 
 according to law, and for want of sufficient distress on the said hereby 
 granted and conveyed premises to be had, then into the same premises or 
 any part thereof in the name of the whole to re-enter, and the same to 
 have again, repossess and enjoy, as in their former estate, anything herein 
 contained to the contrary in anywise notwithstanding. And the said 
 purchaser doth hereby for himself, his heirs, executors, administrators, and 
 assigns, covenant and agree to and with the said Commissioners, their 
 successors and assigns, that if at any time hereafter any mine or mines, 
 or any quarry or quarries, of marble or slate, in, on, or under the said 
 lands and premises hereby granted and conveyed, shall be opened and 
 worked, or any profit or produce derived therefrom, then and in that case 
 he the said purchaser, his heirs and assigns, shall' and will, over and above 
 the said annual rent hereby reserved, or any rent which shall or may be 
 substituted for the same as aforesaid, yield and pay unto the said Com- 
 missioners, their successors and assigns, a further and additional rent 
 equal in amount to one moiety of any royalty or other rent which shall 
 be reserved out of such mines or quarries under any lease or contract for 
 a lease which the said purchaser, his heirs or assigns, shall at any time, or 
 from time to time hereafter, make or execute with or to any person or 
 persons, body politic or corporate or joint stock company, who shall under- 
 take the opening and working of such mines or quarries. And the said 
 purchaser for himself, his heirs, executors, administrators, and assigns, 
 doth further covenant and agree with the said Commissioners, their suc- 
 cessors and assigns, that in case he the said purchaser, his heirs or assigns, 
 shall not make or execute any such lease or contract as aforesaid, but 
 shall, by himself or themselves, or his or their agents or workmen, open 
 and work any mine or mines, or any quarry or quarries of marble or slate, 
 in, on, or under the said lands and premises hereby granted and conveyed, 
 or any part of them, that then and in such case he the said purchaser, 
 his heirs and assigns, shall and will, over and above the said yearly rent 
 of £ , or any rent which shall or may hereafter be substituted in lieu 
 thereof, pursuant to the provisions of the statutes in that behalf, yield and 
 pay unto the said Commissioners, their successors and assigns, a further 
 and additional rent equal in amount to one moiety of such royalty rent 
 as has been heretofore usually reserved by the said Ecclesiastical Com- 
 missioners for Ireland under leases of mines or quarries of a similar 
 nature, and under like circumstances to or with those which shall be so 
 opened by the said purchaser, his heirs or assigns, as aforesaid. Provided 
 always, and it is hereby agreed between the parties hereto, that such ad- 
 ditional rent shall be subject to be increased or diminished at the expira- 
 tion of twenty-one years from the time when the same shall first become 
 payable as aforesaid, according to the increase or diminution of the net 
 profits or produce which shall be derived from the working of such mines 
 or quarries ; and that in like manner, at the expiration of each successive 
 period of twenty-one years, a similar variation in such additional rent 
 shall be made, and that such diminished or increased additional rent shall 
 be payable during the term of twenty-one years then next succeeding, 
 and also that all the powers and remedies hereinbefore contained for 
 recovery of the said rent of £ hereby reserved shall apply to and bo 
 available for recovery of such additional rent, and that said additional 
 rent shall be paid and payable on the same days and times and in like 
 manner as said original rent of £ is hereinbefore reserved and made 
 
210 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 payable. And whereas the said Commissioners, at the request of the said 
 purchaser, have, pursuant to the provisions of the said Acts, calculated 
 and ascertained upon the returns advertised in the Public Gazette' for a 
 period of ten years immediately preceding the day of May, one 
 thousand eight hundred and seventy- , being the first day of May 
 
 next before the service by the said purchaser of the notice first above 
 mentioned, the average price of being the corn principally grown in 
 
 the district of said county wherein the said lands are situate for the said 
 period often years, and have ascertained the said average price to be 
 per barrel. Now the said Commissioners have, at the said request of the 
 said purchaser, directed the said average price of per barrel to be in- 
 serted in the present deed of conveyance, and the same is herein inserted 
 accordingly. 
 
 In witness whereof the said Commissioners have hereunto affixed their 
 corporate seal, and the said purchaser hath hereunto set his hand and 
 seal, the day and year first in these presents written. 
 
 Sealed and Delivered by the said Commis- ~i 
 sioners of Church Temporalities in Ireland > 
 in presence of ) 
 
 Signed, Sealed, and Delivered by the said 1 
 Purchaser in presence of J 
 
 No. 2. — Form of Conveyance of Perpetuity Rent. 
 
 Tnis Indenture made the day of in the year of our Lord one 
 thousand eight hundred and seventy- between the Commissioners of 
 Church Temporalities in Ireland (hereinafter called the said Commis- 
 sioners) of the one part, and (hereinafter called the said purchaser ) 
 of the other part. Whereas by indenture of release bearing date the 
 day of one thousand eight hundred and and made between 
 after reciting as therein is recited the said pursuant to and by virtue 
 of the several Acts of Parliament therein referred to, and for the con- 
 siderations therein mentioned, did grant, release and confirm unto the 
 said and to heirs, the lands, hereditaments, and premises therein 
 and hereinafter mentioned and described, to hold the same, with the 
 appurtenances, unto and to the use of the said heirs and assigns for 
 ever, subject to the perpetual yearly rent of £ payable as therein 
 mentioned. And whereas the estate and interest of the said of and 
 in the said lands and premises have become and now are legally vested in 
 the said purchaser . And whereas under and by virtue of the provisions 
 of the Act of the 32nd & 33rd of Her Majesty Queen Victoria, cap. 42, 
 shortly entitled "The Irish Church Act, 1869," all the estate real and 
 personal of the said have become legally vested in the said Commis- 
 sioners parties hereto. And whereas the said Commissioners, pursuant 
 to the provisions of the " Irish Church Act, 1869," have offered to sell 
 to the said purchaser the said perpetual yearly rent of reserved and 
 made payable by the said indenture of release of the day of one 
 thousand eight hundred and at or for the price or sum of being 
 twenty-five times theamountof saidrent. And whereas thesaid purchaser 
 hath paid into the Bank of Ireland, to the credit of the cash account of 
 the said Commissioners the [said] sum of [being the one -fourth part 
 of said purchase money, and hath executed to the said Commissioners of 
 Church Temporalities in Ireland a mortgage for the sum of being the 
 residue of said purchase money']. Now this indenture witnesseth that the 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 211 
 
 said Commissioners, under the authority of the said " Irish Church Act, 
 1 869 v " and in consideration of the said sum of so paid as aforesaid 
 [and of the sum of "so secured by indenture of mortgage bearing equal 
 date herewith"], do grant unto the said purchaser the said perpetual 
 yearly rent of created by the said indenture of the day of 
 one thousand eight hundred and charged and chargeable upon and 
 issuing and payable out of all that and those [here state lands']. And all 
 powers and remedies for recovery thereof, with the appurtenances there- 
 unto belonging, and all the estate of the said grantors in the said 
 perpetual yearly rent or sum of To hold the same unto the said 
 purchaser heirs and assigns for ever. In witness whereof the said 
 Commissioners have hereunto affixed their corporate seal, the day and 
 year first herein written. 
 
 No. 3. — Form of Conveyance of Ordinary Holdings. 
 
 Diocese of Benefice of 
 
 "Wiethe Commissioners of Church Temporalities in Ireland, under the 
 authority of an Act passed in the 32nd & 33rd years of the reign of Her 
 Majesty Queen Victoria, cap. 42, shortly intituled " The Irish Church 
 Act, 1S69," in consideration of the sum of in the county of paid 
 into the Bank of Ireland to our account [and of the further sum of 
 secured by indenture of mortgage bearing even date herewith], do grant unto 
 the said the town and lands of [here state lands], statute measure, or 
 thereabouts, as now in the possession of the said with the appur- 
 tenances. To hold the same unto the said his heirs and assigns for 
 eyer, subject to such rights of common, rights of way, and other easements 
 (if any), as now affect the said premises. In witness whereof we, the 
 said Commissioners of Church Temporalities injreland, have hereunto 
 affixed our corporate seal, this day of one thousand eight hundred 
 and seventy- 
 Sealed by the said Commissioners of ) 
 Church Temporalities in Ireland > 
 in presence of ) 
 
 No. 4. — Form of Simple Mortgage — Perpetuity Rents. 
 
 This Indenture, made the day of in the year of our Lord one 
 thousand eight hundred and seventy- between in the county of 
 hereinafter called "the said trustee," of the first part, herein- 
 after called the " said purchaser," of the second part, and the Commis- 
 sioners of Church Temporalities in Ireland of the third part. Whereas by 
 indenture of conveyance bearing even date herewith, but executed imme- 
 diately before these presents, and made between the said Commissioners 
 of Church Temporalities in Ireland of the first part, the said purchaser, 
 of the second part, and the said trustee of the third part. After reciting 
 that by indenture of release bearing date the day of 18 and 
 made between of the first part, of the second part, and of the 
 third part, the said for the considerations therein mentioned, granted, 
 released, and confirmed unto the said and to his heirs, the lands 
 tenements, and premises therein and hereinafter particularly mentioned 
 and described To hold unto and to the use of the said his heirs and 
 assigns for ever, subject to the perpetual yearly rent of £ payable as 
 therein mentioned. And reciting that and reciting that the said 
 
212 EULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 Commissioners of Church Temporalities in Ireland, pursuant to the pro- 
 visions of the said " Irish Church Act, 1869," had offered to sell to the 
 said purchaser the said perpetual yearly rent of £ reserved and made 
 payable by the said indenture of the day of 18 at or for the price 
 or sum of £ being twenty- five times the amount of said rent, and that 
 the said purchaser had accepted the said offer, and had applied to and 
 requested the said Commissioners of Church Temporalities in Ireland to 
 grant and convey the said perpetuity rent of £ to the said trustee, as 
 a trustee for him the said purchaser, and that the said purchaser had 
 paid into the Bank of Ireland to the credit of the cash account of the 
 said Commissioners of Church Temporalities in Ireland, the sum of £ 
 being one portion of said purchase money, and that by deed of even date 
 therewith (meaning these presents') the sum of £ _ being the residue 
 of said purchase money was to be secured to the said Commissioners of 
 Church Temporalities in Ireland by a mortgage of the said rent from the 
 said trustee and the said purchaser, parties thereto. And further reciting 
 as therein is recited, said indenture witnessed that the said Commissioners 
 of Church Temporalities in Ireland, pursuant to and by virtue and 
 authority of the said "Irish Church Act, 1869," and in consideration of the 
 said sum of £ so paid as aforesaid, and of the further sum of £ 
 intended to be secured by these presents, said two sums making together 
 the said purchase money of £ did at the request and by the direction 
 of the said purchaser, testified by execution thereof, grant unto the 
 said trustee the said perpetual yearly rent of £ created by the said 
 indenture of the dayof 18 charged and chargeable uponand issuing 
 and payable out of all that and those the lands, tenements, and premises 
 therein and hereinaftermentioned and described. To hold the same unto and 
 to the use of the said trustee, his heirs, and assigns for ever, but nevertheless 
 in trust for the said purchaser, his heirs and assigns absolutely. Now 
 this indenture witnesseth that the said trustee, pursuant to the provisions 
 of the said " Irish Church Act, 1869," and in consideration of the execu- 
 tion of said indenture of even date herewith, doth (by and with the 
 consent and at the direction of the said purchaser, testified by execu- 
 ting these presents), grant and convey unto the said Commissioners of 
 Church Temporalities in Ireland, their successors and assigns, all that the 
 said perpetual yearly rent or sum of £ charged and chargeable upon 
 and issuing and payable out of all that and those and all powers and 
 remedies for recovery thereof, with the appurtenances. To have and to 
 hold the said perpetual yearly rent or sum of £ unto the said Commis- 
 sioners of Church Temporalities in Ireland, their successors and assigns 
 for ever, subject to the proviso hereinafter contained, that is to say, pro- 
 vided always that if the said purchaser, his heirs, executors, or adminis- 
 trators, shall and will well and truly pay or cause to be paid unto the said 
 Commissioners of Church Temporalities in Ireland, their successors or 
 assigns, on or before the dayof 18 the said principal sum of £ 
 with interest for the sameat the rate of £4 per cent, per annum, such interest 
 to be paid and payable by two half-yearly gales, on every day of 
 and day of in each and every year, and do and snail from time to 
 time, according as the same shall become due and payable, make all and 
 every the said payments, on the same days in each year, so long as the 
 said principal sum shall remain unpaid, without any deduction, defalca- 
 tion, or abatement whatsoever, then and in such case they the said 
 Commissioners of Church Temporalities in Ireland, their successors and 
 assigns, shall and will, at any time after payment of the said sum of £ 
 and all interest due thereon, upon the request and at the costs and expenses 
 of the said purchaser, his heirs and assigns, reconvey and assure the said 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 213 
 
 perpetual yearly rent or sum of £ issuing and payable out of the 
 aforesaid lands and premises, unto the said trustee, his heirs and assigns. 
 And the said purchaser doth hereby for himself, his heirs, executors, 
 and administrators, covenant, promise, and agree to and with the said 
 Commissioners of Church Temporalities in Ireland, their successors and 
 assigns, that he the said purchaser, his heirs, executors, anil administra- 
 tors, and the said trustee, his heirs, executors, and administrators, or some 
 or one of them, shall and will well and truly pay or cause to be paid unto 
 the said Commissioners of Church Temporalities in Ireland, their succes- 
 sors or assigns the said sum of £ with interest at the rate of £4 per 
 cent, per annum, on the days and times and in the manner hereinbefore 
 appointed for payment thereof, without any deduction, defalcation, or 
 abatement whatsoever ; but if default shall happen to be made in perfor- 
 mance of the said proviso, then and in such case the said Commissioners 
 of Church Temporalities in Ireland, their successors or assigns, shall 
 and may at any time after such default, without the concurrence of the said 
 trustee, or his heirs, or of the said purchaser, his heirs or assigns, either 
 by public auction or private contract, sell the said perpetual yearly rent 
 or sum of £ hereby assured in manner aforesaid, with liberty to buy 
 in and resell the same, and out of the money arising from such sale or 
 sales, first to retain all the costs and expenses of such sales, and in the next 
 place to retain all such principal money and interest as shall be due on 
 account of the money secured by these presents, and to pay the residue 
 of said money (if any) unto the said purchaser, his executors, administra- 
 tors, or assigns. And further that he the said purchaser, and the said 
 trustee, their heirs and assigns, shall and will, from time to time and at 
 all times hereafter, at the proper costs and charges in the law of the ssid> 
 purchaser, his heirs and assigns, make, do, acknowledge, levy, suffer, 
 execute, and perfect, or cause, or procure to be made T done, acknow- 
 ledged, levied, suffered, executed, and perfected, all and every such 
 further and other lawful and reasonable acts, deeds, conveyances, and 
 assurances, in the law whatsoever, for the further, better, and more per- 
 fectly and absolutely granting, conveying, assuring, and confirming the 
 said perpetual yearly rent hereby granted and conveyed, or intended so 
 to be, with their and every of their appurtenances, unto the said Com- 
 missioners of Church Temporalities in Ireland, their successors and 
 assigns, as they the said Commissioners of Church Temporalities in 
 Ireland, their successors or assigns, or their counsel learned in the law 
 shall lawfully and reasonably advise, devise, or require. In witness 
 whereof the said trustee and the said purchaser have hereunto set their 
 hands and affixed their seals, and the said Commissioners of Church 
 Temporalities in Ireland have hereunto affixed their corporate seal, the 
 day and year first herein written. 
 
 Signed, sealed, and delivered by the said 1 
 
 trustee in presence of J 
 
 Signed, sealed, and delivered by the said 1 
 
 purchaser in presence of J 
 
 No. 5. — Form of Instalment Mortgage. — Perpetuity Bents. 
 
 This Indentcbe made the day of in the year of our Lord, one 
 thousand eight hundred and seventy between hereinafter called 
 
 '-' the said trustee," of the first part, hereinafter called " the said pur- 
 chaser," of the second part, and the Commissioners of Church Tempo- 
 ralities in Ireland, hereinafter called " the said Commissioners," of the 
 
214 RULES AND OEDEES UNDER THE IEISH' CHUECH ACT. 
 
 third part, whereas by indenture of conveyance, bearing even date here- 
 with, but executed immediately before these presents, and made between 
 the said Commissioners of the first part, the said purchaser of the second 
 part, and the said trustee of the third part, reciting as therein is recited, 
 and amongst other things, that by indenture of release, bearing date the 
 day of and made between the said pursuant to, and by 
 virtue of the several Acts of Parliament therein referred to, and for the 
 considerations therein mentioned, did grant, release, and confirm unto 
 the said and to his heirs, the lands, hereditaments, and premises, 
 therein and hereafter mentioned and described, to hold the same with 
 the appurtenances, unto and to the use of the said his heirs and 
 assigns for ever, subject to the perpetual yearly rent of £ payable as 
 therein mentioned. And reciting that the said Commissioners, pursuant 
 to the provisions of the said " Irish Church Act, 1869," had offered to sell 
 to the said purchaser the said perpetual yearly rent of £ reserved 
 and made payable by the said indenture of release, of the day of 
 at or for the price or sum of £ being twenty-five times the amount 
 of said rent, and that the said purchaser had accepted said offer, and had 
 requested the said Commissioners to grant and convey the said perpetuity 
 rent to the said trustee as a trustee for him the said purchaser, and that 
 the said Commissioners, pursuant to the powers in them vested by the 
 "Irish Church Act, 1869," had at the request of the said purchaser, 
 agreed to credit him with the sum of £ being one portion of the said 
 purchase-money of £ the said Commissioners, parties hereto, did by 
 said deed now in recital, for and in consideration of the sum of £ 
 so paid by the said purchaser into the Bank of Ireland to the credit of 
 the said Commissioners, and of the further sum of £ intended to be 
 
 secured by these presents, at the request and by the direction of the said 
 purchaser (testified by his being a party to and executing said presents) , 
 grant unto the said trustee and his heirs, the said perpetual yearly rent 
 or sum of £ issuing and payable out of, and charged and chargeable 
 upon the lands and premises hereinafter more particularly described. To 
 hold the same unto and to the use of the said trustee, his heirs and 
 assigns, but nevertheless in trust for the said purchaser, his heirs and 
 assigns absolutely. And whereas the said Commissioners have further 
 agreed that the said sum of £ with interest at the rate of £4 per cent, 
 per annum, shall be repayable by half-yearly instalments, in manner 
 as empowered by the said " Irish Church Act, 1869," and have calculated 
 the amount of each such half-yearly instalment to be £ . Now this 
 indenture witnesseth that, in consideration of the premises, and by and 
 with the consent, and at the request of the said purchaser, testified by his 
 being a party to, and executing these presents, he the said trustee doth 
 grant and convey, and the said purchaser doth confirm unto the said 
 Commissioners, their successors and assigns, all that the said perpetual 
 yearly rent or sum of £ charged and chargeable upon, and issuing 
 and payable out of all that and those . To have and to hold the said 
 perpetual yearly rent or sum of £ issuing and payable out of the 
 
 aforesaid lands and premises, unto the said Commissioners, their succes- 
 sors and assigns for ever, subject to the proviso hereinafter contained, 
 that is to say: Provided always that if the said purchaser, his heirs, ex- 
 ecutors, or administrators, shall and will pay, or cause to be paid to the 
 said Commissioners, their successors or assigns, the said principal sum of 
 £ with interest at the rate of £4 per cent, per annum, by half- 
 yearly instalments, of £ each, from the day of 187 , same to 
 be paid_ on the day of and day of in each and every year, 
 or within forty-one days next after any of the days upon which such half- 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT." 215 
 
 yearly instalment shall so become due and payable, until the whole of 
 said half-yearly instalments are paid, then, and in that case, the said 
 Commissioners, their successors or assigns, shall and will reconvey and 
 assure the said yearly rent or sum of £ issuing and payable out of 
 the aforesaid lands and premises, unto the said trustee, his heirs or 
 assigns, or as the said purchaser his heirs and assigns shall direct and 
 appoint. And the said purchaser doth hereby for himself, his heirs, 
 exeeutors and administrators, covenant, promise, and agree to and with 
 the said Commissioners, their successors and assigns, that he the said 
 purchaser, his heirs, executors, or administrators, shall and will well and 
 truly pay, or cause to be paid unto the said Commissioners, their succes- 
 sors and assigns, the said principal sum of £ with interest at the rate 
 of £4 per cent, per annum, by half-yearly instalments of £ on 
 
 the days and in the manner hereinbefore appointed for payment thereof, 
 until the whole of said half-yearly instalments are paid, but if default 
 shall be made in performance of the said proviso, then and in such case, 
 the said Commissioners, their successors or assigns, shall and may at any 
 time after such default, without the concurrence of the said purchaser, or 
 his heirs, or of the said trustee, his heirs or assigns, sell either by public 
 auction or private contract, the said perpetual yearly rent of £ hereby 
 assured in manner aforesaid, with liberty to buy in and resell the same, 
 and out of the money arising from such sale or sales first to retain, all the 
 costs and expenses of such sales, and in the next place to retain all such 
 principal money and interest which shall be due on account of the money 
 secured by these presents, and to pay the residue of said money, if any, 
 unto the said purchaser, his executors, administrators, or assigns; and 
 further, that he the said purchaser and his heirs, and the said trustee, his 
 heirs and assigns, shall and will from time to time, and at all times from 
 and immediately after default if any shall be made in the payment of the 
 said hereinbefore mentioned half-yearly instalments, contrary to the form 
 and effect of the aforesaid proviso, or covenant for payment of the same, 
 and the true intent and meaning of these presents upon the reasonable 
 request of the said Commissioners, their successors and assigns, but at the 
 proper costs and charges in the law of the said purchaser, his heirs and 
 assigns, make, do acknowledge, levy, suffer, execute, and perfect, or cause, 
 or procure to be made, done, acknowledged, levied, suffered, executed, 
 and perfected, all and every such further and other lawful and reasonable 
 acts, deeds, conveyances, and assurances in the law whatsoever, for the 
 further, better, and more perfectly, and absolutely conveying, assuring, 
 and confirming the aforesaid perpetual yearly rent of £ or other the 
 
 premises hereby granted, and conveyed, or intended so to be, with their 
 and every of their appurtenances unto the said Commissioners, their suc- 
 cessors and assigns, or otherwise, as they or their counsel, learned in the 
 law, shall lawfully and reasonably advise, devise or require. In witness 
 whereof, the said trustee and the said purchaser have hereunto set their 
 hands and seals, and the said Commissioners of Church Temporalities in 
 Ireland, have hereunto affixed their corporate seal, the day and year first 
 herein written. 
 
 Signed, Sealed, and Delivered by the 
 said Trustee, 
 
 Signed, Sealed, and Delivered by the 
 said Purchaser, 
 
 'I 
 
 I 
 
216 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 No. 6. — Form of Simple Mortgage — Ordinary Holdings. 
 Diocese of Benefice of 
 
 This Deed, made the day of in the year of our Lord one 
 
 thousand eight hundred and seventy- between , of , in the 
 
 county of , hereinafter called "the said purchaser," of the one part, 
 and tlje Commissioners of Church Temporalities in Ireland, hereinafter 
 called "the said Commissioners," of the other part. Whereas the said 
 purchaser hath agreed with the said Commissioners for the purchase of 
 the fee-simple of the lands and premises hereinafter mentioned and 
 described at or for the price or sum of . And whereas the said Com- 
 missioners, pursuant to the powers in them vested by "The Irish Church 
 Act, 1869," have, at the request of the said purchaser, agreed to credit 
 the said purchaser with the sum of , portion of said purchase-money, 
 upon having payment of the said sum, with interest thereon at the rate of 
 four pounds per cent, per annum, secured in manner hereafter mentioned. 
 And whereas, by indenture of even date herewith, the said Commissioners 
 in consideration of the sum of paid by the said purchaser, and of the 
 further sum of intended to be secured by these presents, did grant 
 
 unto the said purchaser the town and lands therein and hereinafter men- 
 tioned and described, to hold to the said purchaser, his heirs and assigns 
 for ever. Now this Deed witnesseth that the said purchaser, in consider- 
 ation of the execution of the said indenture of conveyance, pursuant to 
 the provisions of "The Irish Church Act, 1869," doth grant and release 
 unto the said Commissioners, their successors and assigns, all that 
 with the rights, members, and appurtenances thereto belonging, as now in 
 possession of the said purchaser, to have and to hold the said lands and 
 premises unto the said Commissioners, their successors and assigns for ever, 
 subject to the proviso for redemption hereinafter contained, that is to say, 
 provided always, that if the said purchaser, his heirs, executors, adminis- 
 trators, or assigns, shall pay or cause to be paid to the said Commissioners, 
 their successors or assigns, on or before the day of one thousand 
 
 eight hundred and seventy- the said sum of with interest for the 
 same at the rate of four pounds per cent, per annum, such interest to be 
 paid and payable by two half yearly gales on every day of and 
 
 day of then they the said Commissioners, their successors and 
 
 assigns, shall and will reconvey and assure the said lands and premises, 
 with the appurtenances to the said purchaser, his heirs and assigns. And 
 the said purchaser doth hereby for himself, his heirs, executors, and ad- 
 ministrators, covenant, promise, and agree to and with the said Commis- 
 sioners, their successors and assigns, that he the said purchaser, his heirs, 
 executors, or administrators, shall and will well and truly pay or cause to 
 be paid to the said Commissioners, their successors or assigns, the said 
 sum of with interest at the rate of four pounds per cent, per annum, 
 on the days and times, and in the manner hereinbefore appointed for 
 payment thereof, without any deduction, defalcation, or abatement what- 
 soever. In witness whereof the said purchaser hath hereto set his hand 
 and affixed his seal the day and year first above written. 
 
 Signed, Sealed, and delivered by the said) 
 purchaser, in the presence of > 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 217 
 
 No. 7. — Form of Instalment Mortgage — Ordinary Holdings. 
 
 Diocese of Benefice of 
 
 This Deed, made the day of in the year of our Lord one 
 
 thousand eight hundred and seventy- between of in the county 
 of hereinafter called " the said purchaser," of the one part, and the 
 Commissioners of Church Temporalities in Ireland, hereinafter called 
 " the said Commissioners," of the other part. Whereas the said pur- 
 chaser hath agreed with the said Commissioners for the purchase of the 
 fee- simple of the lands and premises hereinafter mentioned and described 
 at or for the price or sum of And whereas the said Commissioners, 
 pursuant to the powers in them vested by " The Irish Church Act, 1869," 
 have, at the request of the said purchaser, agreed to credit him with the 
 sum of portion of the said purchase money, upon having payment of 
 the said sum, with interest secured in manner hereinafter mentioned. 
 And whereas the said Commissioners, pursuant to the said powers in them 
 vested by the said Act, have further agreed, at the request of the said 
 purchaser, to make the said sum of payable by half yearly instalments, 
 and have calculated and ascertained the amount of each of such half yearly 
 instalment to be the sum of And whereas, by indenture of even date 
 herewith, the said Commissioners, in consideration of the sum of paid 
 by the said purchaser, and of the further sum of intended to be secured 
 by these presents, did grant unto the said purchaser the town and lands 
 therein and hereinafter mentioned and described, to hold to the said 
 purchaser, his heirs and assigns, for ever. Now, this deed witnesseth that 
 the said purchaser, in consideration of the execution of the said indenture, 
 pursuant to the provisions of " The Irish Church Act, ] 869," doth grant 
 and release unto the said Commissioners, their successors and assigns, all 
 that with the rights, members, and appurtenances thereto belonging, 
 as now in the possession of the said purchaser, to have and to hold the 
 said lands and premises unto the said Commissioners, their successors and 
 assigns for ever, subject to the proviso hereinafter contained, that is to 
 say, provided always, that if the said purchaser, his heirs, executors, and 
 administrators, shall and will pay or cause to be paid to the said Commis- 
 sioners, their successors or assigns, half yearly instalments of each, 
 same to be paid and payable on the day of and the day of 
 in each year, or within forty-one days next after any of the days upon 
 which such half yearly instalment shall so become due and payable, until 
 the whole of said half yearly instalments are paid; then and in that 
 
 case the said Commissioners, their successors and assigns shall and will 
 reconvey and assure tlie said lands and premises, with the appurtenances, 
 unto the said purchaser, his heirs and assigns- And the said purchaser 
 doth hereby for himself, his heirs, executors, and administrators, covenant, 
 promise, and agree to and with the said Commissioners, their successors 
 and assigns, that he the said purchaser, his heirs, executors, or adminis- 
 trators, shall and will well and truly pay or cause to be paid to the said 
 Commissioners, their successors or assigns, the said half yearly instalments 
 of on the days and in the manner hereinbefore appointed for payment 
 thereof ; but if default shall be made in performance of the said proviso, 
 the said Commissioners, their successors or assigns, shall and may at any 
 time after such default, without the concurrence of the said purchaser, 
 his heirs or assigns, sell the lands, tenements, and premises hereby released 
 or intended so to be, or any part thereof, either together or in parcels, 
 by public auction or private contract, with liberty to buy in and resell 
 the same, and out of the money arising from such sale or sales first to 
 
218 ftULES AND 0RBER8 tJNDER THE IRISH CHURCH ACT. 
 
 retain all the costs and expenses of such sales, and, in the next place, 
 to retain all such principal money which shall be due on account of 
 the money secured by these presents, and to pay the residue of said money 
 (if any) unto the said purchaser, his executors, administrators, or assigns. 
 In witness whereof the said purchaser hath hereto set his hand and affixed 
 his seal the day and year first above written. 
 
 Signed, Sealed, and Delivered by the said ) 
 purchaser, in presence of / 
 
 No. 8. — Form of Memorial for Registration of Mortgages. 
 
 To the Registrar appointed by Act of Parliament for Registering 
 Deeds, Wills, and so forth, in Ireland. 
 
 A Memorial of a Deed of Mortgage, made the day of in the year 
 of our Lord one thousand eight hundred and seventy- between in 
 the county of thereinafter called " the said purchaser," of the one part, 
 and the Commissioners of Church Temporalities in Ireland, thereinafter 
 called " the said Commissioners," of the other part, reciting that the said 
 purchaser had agreed with the said Commissioners for the purchase of 
 the fee-simple of the lands and premises therein and hereinafter mentioned 
 and described, at or for the price or sum of And that the said Com- 
 missioners, pursuant to the powers in them vested by "The Irish Church 
 Act, 1869," had, at the request of the said purchaser, agreed to credit the 
 said purchaser with the sum of portion of said purchase-money, upon 
 having the payment thereof secured in manner therein mentioned, and 
 further reciting as therein, it was witnessed that the said purchaser, for 
 the considerations therein, granted and released unto the said Commis- 
 sioners, their successors and assigns, all that with the rights, members, 
 and appurtenances thereto belonging, as then in possession of the said 
 purchaser, to have and to hold the said lands and premises unto the said 
 Commissioners, their successors and assigns for ever, subject to the proviso 
 for redemption therein contained. And the execution of the said deed 
 and of this memorial respectively by is witnessed by 
 
 Signed and Sealed by the said 1 
 in presence of J 
 
 The said maketh oath and saith that he is a subscribing witness to 
 the deed of which the foregoing is a memorial, and also to this memorial. 
 Saith he saw said deed and this memorial respectively duly executed by 
 the said Saith the name " " subscribed as a witness to said deed, 
 and this memorial respectively is his this deponent's proper name and 
 handwriting. 
 
 Sworn before me this day of one thousand eight 
 
 hundred and seventy- at in the county of a 
 Commissioner of Her Majesty's High Court of Chancery 
 in Ireland for taking affidavits in and for said county. 
 
 > Commissioner. 
 
RULES AND ORDERS UNDER -frfl! IRISH CHURCH ACT. 219 
 
 No. 9. — Form of Order Vesting Burial Grounds in Poor Law 
 
 Guardians. 
 
 It is this day ordered by the Eight Honorable the Commissioners of 
 Church Temporalities in Ireland, pursuant to the powers vested in them 
 by "The Irish Church Act, 1869," that the several burial grounds specifiedjin 
 the schedule hereto, situate in the Poor Law Union of do vest in the 
 Guardians for the time being of the said Poor Law Union, to be held by 
 such Guardians for the same purposes and subject to the same rules and 
 regulations as if the said burial grounds were burial grounds purchased or 
 taken by such guardians being a burial board under the provisions of the 
 Burial Act (Ireland), 1856, and the statutory amendments thereof for 
 the time being, but without prejudice to such rights of burial as may be 
 subsisting therein at the date of this order, or may be hereafter declared, 
 to subsist therein by Act of Parliament. And we, the said Commissioners, 
 do hereby vest the said burial grounds in the said Guardians of the said 
 Poor Law Union accordingly. 
 
 In witness whereof the said Commissioners have hereunto affixed their 
 corporate seal. 
 
 
 Schedule. 
 
 
 Name of Burial Ground. 
 
 Where Situate. 
 
 Diocese. 
 
 Benefice or Parish. 
 
 
 
 
 No. 10. Form of Order vesting Ecclesiastical Residence. 
 
 Whebeas the Representative Church Body, has on the day of 
 187 applied to the Commissioners of Church Temporalities in Ireland 
 to vest in them the ecclesiastical residence of the benefice of in the 
 
 diocese of and which ecclesiastical residence had, at the time of the 
 
 passing of " The Irish Church Act, 1869," been occupied as a residence 
 by the°ecclesiastical person performing or aiding in the performance of 
 the services in the church of the said benefice (and which church has been 
 duly vested in the Representative Body of the said church in pursuance 
 of the said Act). 
 
 Whereupon, and in consideration of the sum of being the amount 
 of the building charge affecting the said benefice (or of ten times the 
 annual value of the site of the said ecclesiastical residence estimated as land, 
 and of the said garden and curtilage [as the case may bej). It is this day 
 ordered by the Bight Honorable the Commissioners of Church Tempo- 
 ralities in Ireland, pursuant to the powers vested in them by " The Irish 
 Church Act, 1869," that the said ecclesiastical residence of the benefice 
 of in the diocese of with the garden and curtilage thereto, as 
 
 described in the annexed map, containing _ acres, roods, and 
 
 perches, statute measure, or thereabouts, situate in the barony of 
 
220 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 and county of do vest in the Representative Church Body, and the 
 
 said Commissioners do hereby vest the same in the said Representative 
 Church Body accordingly. In witness whereof the said Commissioners 
 of Church Temporalities in Ireland have hereunto affixed their corporate 
 seal the day and year first above written. 
 
 No. 11. — Form of Okder vesting additional Lands with 
 Ecclesiastical Residence. 
 
 Whekeas by order of the Right Honorable the Commissioners of 
 Church Temporalities in Ireland, bearing date the day of 187 
 
 the ecclesiastical residence of in the diocese of was, pursuant to 
 
 the provisions of " The Irish Church Act, 1869," duly vested in the 
 Representative Church Body. And whereas the said Representative 
 ChurchBodyhas applied to the said Commissioners to vest in thema further 
 portion of the glebe land of the said benefice, same being land usually 
 occupied with the said ecclesiastical residence. And whereas the said 
 further portion of land exceeds ten acres. And whereas the said Com- 
 missioners are of opinion that for the convenient enjoyment of the said 
 house or residence, and by reason of the severance which would otherwise 
 take place, the said additional quantity of land should be granted. 
 
 Whereupon it is this day ordered by the Right Honorable the Com- 
 missioners of Church Temporalities in Ireland, pursuant to the powers 
 vested in them by " The Irish Church Act, 1869," and in consideration 
 of the sum of paid by the said Representative Church Body to the 
 
 said Commissioners of Church Temporalities in Ireland, that all that and 
 those that part of the glebe lands of in the diocese of containing 
 
 acres, roods, and perches, or thereabouts, as described in the 
 annexed map, situate, lying, and being in the barony of and county 
 
 of do vest in the Representative Church Body, and the said Com- 
 
 missioners do hereby vest same accordingly. 
 
 In witness whereof, the said Commissioners of Church Temporalities in 
 Ireland, have hereunto affixed their corporate seal the day and year first 
 above written. 
 
 No. 12. — Form of Order vesting Rented Glebes in the 
 Representative Church Body. 
 
 Whereas by deed dated the day of 187 , all that and those 
 were granted as a glebe for the benefice of in the diocese of to . 
 
 the incumbent thereof and his successors for ever, subject to a rent of 
 per annum, payable as therein. And whereas there has been erected 
 an ecclesiastical residence upon said glebe lands, which had at the time 
 of the passing of ''The Irish Church Act, 1869," been occupied as a re- 
 sidence by the ecclesiastical person performing or aiding in the perform- 
 ance of the services in the church of said benefice, being a church which 
 lias been duly vested in the Representative Church Body pursuant to the 
 provisions of said Act. And whereas the Representative Church Body 
 have applied to the Commissioners of Church Temporalities in Ireland, 
 that the said ecclesiastical residence, with the garden and curtilage, should 
 be vested in them ; and also, that by reason of the aforesaid head-rent, 
 and in order to the convenient enjoyment of said residence, and to avoid 
 severance, the entire of the lands included in the aforesaid grant should 
 also be vested in them as additional lands, pursuant to the provisions pf 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 221 
 
 said Act, at and for a price or sum, which is ascertained by deducting the 
 capitalized value of the head-rent from the aggregate of the statutable 
 price of the residence, garden, and curtilage, and the price agreed upon 
 for said additional lands. 
 
 Whereupon, and in consideration of the sum of being the price 
 
 estimated in manner aforesaid, it is this day ordered by the Right Honor- 
 able the Commissioners of Church Temporalities in Ireland, pursuant to 
 the powers vested in them by " The Irish Church. Act, 1869," that all 
 and singular the lands granted by the aforesaid deed, and heretofore by 
 virtue thereof, used as a glebe for the said benefice, with the ecclesias- 
 tical residence and garden and curtilage erected and situate thereon, in 
 such manner and for such estate as the same are now vested in the said 
 Commissioners, do vest in the Representative Church Body, and the said 
 Commissioners do hereby grant and vest the same in the said represen- 
 tative Church Body accordingly, but subject to the rents, covenants, and 
 conditions in the said deed reserved and contained upon the grantee's 
 part to be paid and performed. In witness whereof the said Commis- 
 sioners of Church Temporalities in Ireland have hereunto affixed their 
 corporate seal the day and year first above written. 
 
 No. 13. — Form of Order merging Tithe Rent-charge in 
 consideration of a Cash Payment. 
 
 Diocese of Benefice of 
 
 Whbbeas in the county of as owner of the lands, heredita- 
 
 ments, and premises hereinafter described and mentioned, liable to 
 
 the payment of the annual sum of for rentcharge, in lieu of tithes 
 
 issuing out of said lands. And whereas the said under the provisions 
 of " The Irish Church Act, 1869," and "The Irish Church Act, 1869, 
 Amendment Act, 1872," hath proposed to the Commissioners of Church 
 Temporalities in Ireland to purchase the said rent-charge in lieu of tithes 
 at and for the price or sum of same being twenty-two and a-half 
 
 times the amount of said rent-charge, less the average poor's rate, and 
 hath lodged the said sum of the amount of sail purchase-money, in 
 
 the Bank of Ireland, to the credit of "The Cash Account" of the said 
 Commissioners : Now we, the Commissioners of Church Temporalities in 
 Ireland, under the authority of the said Acts, and in consideration of the 
 said sum of so paid by the said as aforesaid, do hereby order and 
 
 declare that the said annual rentcharge of do merge in the said lands 
 of and county of and the said Commissioners do hereby merge 
 
 and extinguish the same accordingly. In witness whereof the said Com- 
 missioners of Church Temporalities in Ireland, have hereunto affixed 
 their corporate seal the day and year first above written. 
 
 jf a 14. — Form of Order merging Tithe Eent-charge in 
 consideration of a Terminable Annuity. 
 
 Diocese of Benefice of 
 
 Whereas in the county of as owner of the lands, heredita- 
 
 ments and premises, hereinafter described and mentioned, is liable to the 
 payment of the annual sum of for rent-charge, in lieu of tithes issuing 
 out of said lands : And whereas the said under the provisions of "The 
 
 B 
 
222 RULES AND ORDERS UNDER tfHE IRISH CHURCH ACT.' 
 
 Irish Church Act, 1869, Amendment Act, 1872," hath proposed to the 
 Commissioners of Church Temporalities in Ireland to purchase the said 
 rent-charge, and hath applied to the said Commissioners by order to de- 
 clare his purchase- money to be payable by instalments, and the said lands 
 to be accordingly charged as from the 1st day of 187 for the term 
 
 of years thence next ensuing, with an annual sum to be calculated as 
 therein mentioned : And whereas the said Commissioners have, pursuant 
 to the provisions of the said Act, calculated the said purchase-money to 
 be the sum of and have also calculated the annual sum to be paid in 
 lieu of said purchase-money, as by said Act is directed, and have ascer- 
 tained same to be the annual sum of . Now we, the said Commis- 
 sioners of Church Temporalities in Ireland, under the authority of the 
 said Act passed in the 35th and 36th years of the Reign of Her Majesty 
 Queen Victoria, chap. 90, shortly intituled " The Irish Church Act, 1869, 
 . Amendment Act, 1872," and in consideration of the said sum of to 
 be paid as hereinafter mentioned, do hereby order and declare that the 
 said annual rent-charge in lieu of tithes of do merge in the said lands 
 of and county of or other the lands charged with said rent-charge 
 — and we, the said Commissioners, do hereby merge and extinguish the 
 same accordingly. And we do hereby further order and declare that the 
 said annual sum of shall be issuing and payable out of the said lands 
 for the period of years to be computed from the said 1st day of 
 187 and shall be paid and payable thereout by annual payments, on 
 every 1st day of in everyyear during said period, and that the first 
 annual payment shall be made on the 1st day of 187. In witness, &c. 
 
 No. 15. — Form of Indorsement on Order merging Tithe-rent- 
 charge in consideration of Annuity when Outstanding 
 Instalments are Redeemed. 
 
 Irish Church Temporalities Commission. 
 
 day, the day of 187 
 Whereas has this day paid the sum of into the Bank of lire- 
 land, to the credit of the Commissioners of Church Temporalities in 
 Ireland, being the value of instalments, in lieu of purchase money of 
 tithe rent-charge which have not yet become due and payable under the 
 terms of the within merging order. It is ordered by the said Commis- 
 sioners that the sum aforesaid be accepted in full discharge and satis- 
 faction of the said instalments. In witness whereof the said Commis- 
 sioners of Church Temporalities in Ireland have hereunto affixed their 
 corporate seal. 
 
 No. 16. — Form of Order apportioning Tithe Rent-charge 
 
 Annuity.* 
 
 Diocese of Benefice of 
 
 Whereas the owner (or legal representative of the owner) of the 
 lands mentioned in the schedule hereto, which are chargeable with the 
 annual rent-charge substituted by merging order under seal of the Com- 
 missioners of Church Temporalities in Ireland for the tithe rent-charge 
 formerly payable but of the said lands, has stated in writing to the said 
 Commissioners that a division of the said lands has taken place, but not 
 
 _ * Note.— The form of order for apportioning tithe rent-charge not converted 
 into an annuity is much the same, mutatis mutandis. 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 223 
 
 by a lease or demise at rack-rent, and has applied in writing to the said 
 Commissioners that the said annual rent-charge shall be divided and 
 apportioned upon parts of such lands in manner in his said application 
 mentioned. Now we, the Commissioners of Church Temporalities in Ire- 
 land, having considered the said application, do hereby order and declare 
 that the said annual rent-charge shall from and after the 1st day of 
 187 , be divided and apportioned in such manner and proportions as is 
 set forth in the schedule hereto. In witness whereof we, the said Com- 
 missioners of Church Temporalities in Ireland, have hereunto affixed our 
 corporate seal the day and year first above written. 
 
 
 
 
 Schedule 
 
 
 
 
 
 
 
 Name of Owner as per Merging Order . 
 
 Annual Rent-charge as per Merging 
 Order, £ : : . 
 
 Townlands. 
 
 Parish. 
 
 County. 
 
 Owner. 
 
 Contents. 
 
 Annual 
 Rent-charge. 
 
 
 
 
 
 
 A. 
 
 B. 
 
 P. 
 
 £ 
 
 £. 
 
 d. 
 
 
 Principal Forms of Procedure under Compensation and 
 Commutation Sections of the "Irish Church Act, 
 1869." 
 
 No. 17. — General Form of Declaration. 
 
 I of in the county of now holding the office of do 
 solemnly and sincerely declare that, to the best of my knowledge, infor- 
 mation, judgment, and belief, the claim, statement, and particulars above 
 contained are true and correct in every particular therein stated and set 
 forth, and I make this solemn declaration conscientiously believingthe same 
 to be true, and by virtue of an Act made and passed in the 5th and 6th 
 year of the reign of His Majesty King William IV., intituled " An Act 
 for the more effectual Abolition of Oaths and Affirmations taken and 
 made in various Departments of the State, and to substitute Declarations 
 in lieu thereof, and for the more entire suppression of Voluntary and 
 Extra-judicial Oaths and Affidavits." 
 
 Dated this day of 187 . 
 
 [Signature of Claimant making Declaration.'] 
 Made and subscribed before me this day of 187 . 
 
 [Signature of Magistrate.] 
 
 J.P.,for the county of 
 »2 
 
224 RULES AND ORDEES UNDER THE IRISH CHURCH ACT. 
 
 No. 18. — General Form of Notice that a Conditional Order 
 has been made bj one of the Commissioners of Church Tem- 
 poralities in Ireland. 
 
 Take notice that , one of the Commissioners of Church Tem- 
 
 poralities in Ireland, having investigated the claim of , as , of , 
 in the diocese of , has orderedand declared as follows [state order}. 
 
 And take notice that if you be dissatisfied with the said order you may, 
 within one month from the date hereof, apply to the said Commissioners 
 to vary or rescind said order, or you may give notice that you require 
 your case to be heard by the three Commissioners. 
 
 Dated this day of 18 . 
 To 
 
 No. 19. — Form of Notice of Appeal to the Three Commis- 
 sioners. 
 Diocese of Parish of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 
 Take notice that I of in the county of post town [Here 
 state the dignity or office held], being dissatisfied with the order made by 
 
 under the section of the " Irish Church Act, 1 869," whereby 
 I was declared entitled to the sum of £ do hereby, as empowered 
 by the 4th section of said Act, require that my case shall be heard by the 
 three Commissioners. 
 
 Dated this day of 18 . 
 
 (Signed), 
 
 No. 20. — Form of Notice of Appeal to One Commissioner. 
 Diocese of Parish of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 Take notice that I of in the county of post town [Here 
 state the dignity or office held], being dissatisfied with the order made by 
 under the section of the " Irish Church Act, 1869," do hereby 
 give notice that I shall apply to the said Commissioner to vary or rescind 
 said order. 
 
 Dated this day of 18 . 
 
 (Signed), 
 
 No. 21. — Form of Notice of Appointment of Day for Hearing 
 
 Appeal. 
 Diocese of Parish of 
 
 In the matter of the claim of under section "Irish Church 
 
 Act, 1869." 
 You having required your case to be heard by the three Commissioners, 
 are hereby required to take notice that the day of is appointed for 
 the hearing of the same, and that the said Commissioners will on that day, 
 in their office, 24, Upper Merrion-street, in the city of Dublin, at the 
 hour of sit to hear and determine the same ; on which day you will 
 be at liberty to appear in person or by counsel or attorney as you may 
 think proper. 
 
 Dated this day of 18. 
 To 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 225 
 
 No. 22. — Form of Application for Annuity under 14th Section, 
 
 by Ecclesiastical Persons (Curates excepted). 
 
 Diocese or See of Benefice of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 
 Claim of of in the county of post town 
 
 Return of the Amount of Yearly Income of which the Claimant will be 
 deprived by virtue of " The Irish Church Act, 1869," in respect of the 
 See of or Benefice of 
 
 From tithe rent-charge, particulars whereof are annexed hereto. 
 
 £ s. d. 
 
 Gross amount of which claimant will be deprived, £ 
 Deductions. , 
 
 Poor rates, on an average of the last five years, . 
 Salary of curate, ..... 
 
 Tax payable to the Ecclesiastical Commissioners for Ire- 
 land, ....... 
 
 Diocesan schoolmaster, ..... 
 
 Other outgoings, ..... 
 
 £ s. d. 
 
 Total deductions, . . . . . £ 
 
 Net income of which claimant will be deprived, . . £ 
 
 [A prospective increase of said net income will arise by the falling in or cessation 
 of the following mentioned charges, under the circumstances hereinafter set forth, 
 viz. : — {The amount and special circumstances re/erred to, to be stated.')'] 
 
 The said claimant seeks to obtain the order of the said Commissioners, 
 pursuant to the 14th section of said Act, declaring that the yearly income 
 of which he will be deprived by said Act amounts to the sum of £ 
 
 Dated this day of 1869. : 
 
 i [Signature of Claimant.'] 
 
 Particulars of Bent-charge payable to in lieu of Composition for the 
 [state nature of Tithes] Tithes of the Parish of Diocese of 
 
 Name of Town- 
 lands chargeable. 
 
 County. 
 
 Name, Residence, 
 
 and Post Town of 
 
 person liable to 
 
 Rent-charge. 
 
 Name, Residence, 
 and Post Town of 
 
 person who Iastpaid 
 the Rent-charge. 
 
 Yearly 
 Amount of 
 Rent-charge. 
 
 
 # 
 
 
 
 £ 
 
 a- 
 
 d. 
 
 Dated this 
 
 day of 
 
 18 
 
 [Signature of Claimant.] 
 
 [The claim and rental to be verified b a declaration as in Form 
 No. 17.] 
 
226 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 No. 23. Form of Application for Compensation for Marriage 
 
 and Burial Fees for Cases falling within the Rulings of the 
 Three Commissioners, made in the case of the Archdeacon of 
 Dublin, and others, on the 28th October, 1870.* 
 
 Diocese of 
 
 Church of 
 
 Benefice of 
 Marriage Fees. 
 I certify that on an average off years, the fees received for mar- 
 
 riages, as posted up in church or vestry, have been as follows, viz. : — 
 
 Copy of Table of Fees posted up in 
 Church or Vestry for Marriages. 
 
 How 
 
 Solemnized. 
 
 Annual 
 
 Average 
 
 Number of 
 
 Marriages 
 
 under each 
 
 head. 
 
 Annual 
 
 Average 
 
 Amount of 
 
 Fee for 
 Incumbent. 
 
 Fee for 
 Parish Clerk. 
 
 Fee for 
 Sexton. 
 
 received by 
 
 Incumbent. J 
 
 £ 
 
 S. 
 
 d. 
 
 £ 
 
 t. 
 
 d. 
 
 £ 
 
 s. 
 
 d. 
 
 By Licence, 
 
 By Banns, 
 
 Total, 
 
 
 £ 
 
 s. 
 
 d. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 [Signature of Incumbent.'] 
 
 Burial Fees. 
 I also certify that the burial ground of is separated from the above 
 church by§ and that on an average of || years, the fees received 
 
 for burials therein have been as follows, viz. : — 
 
 Copy of Table of Fees. 
 
 Annual 
 
 Average 
 
 Number of 
 
 Burials. 
 
 Annual Average 
 Amount of Fees 
 
 received 
 by Incumbent. 
 
 Fee to 
 Incumbent. 
 
 Fee to 
 Clerk. 
 
 Fee to 
 Sexton. 
 
 £ 
 
 8. 
 
 d. 
 
 £ 
 
 s. 
 
 d. 
 
 £ 
 
 s. 
 
 d. 
 
 
 £ 
 
 6. 
 
 d. 
 
 [Signature of Incumbent.'] 
 [Declaration as in Form No. 17.] 
 
 Form of Declaration to be made in Verification of above Claim. 
 
 I of in the county of do solemly and sincerely declare, that, 
 for years last past the fees for marriage (or burial) mentioned in the 
 
 annexed statement of the Bev. have been duly and regularly de- 
 
 manded, and paid to the incumbent of the parish of and that a table 
 of such fees has been publicly posted up for ' years last past. [Here 
 follows the ordinary declaration in Form No. 17.] 
 
 i i 
 
 * See leading cases, page 105. 
 
 f Here enter number of years average taken. 
 
 j This is to be verified by a declaration. 
 
 § Here state how separated. 
 
 || Here enter number of years average taken. 
 
RULES AND ORDERS UNDER, THE IRISH CHURCH ACT. 227 
 
 No. 24. — Form of Application to Commute by an Incumbent, 
 under the 23rd section of "The Irish Church Act, 1869." 
 Diocese of Benefice of 
 
 Claim of the Rev. of in the county of post town in- 
 
 cumbent of the above benefice. 
 
 I hereby apply to the Commissioners of Church Temporalities in Ireland, 
 pursuantto the 23rd section of " The Irish Church Act, 1869," to commute 
 for a capital sum the annuity of £ which is secured to me by an order 
 of the Commissioners, made under the 14th section of the Act ; and I 
 further apply to the said Commissioners to commute for a capital sum 
 my life interest in the ecclesiastical property mentioned below, the amount 
 of such estimated value to be paid to the Representative Church Body 
 charged with the payment of the gross annuity in respect of which the 
 capital sum is to be paid. 
 
 I hereby declare that I was years of age on the day of 
 
 18 as verified by* and I further declare that the particulars given 
 
 in the1ieC"ompanymg rentatraniounting to £ are true. 
 
 I further declare that the above-mentioned annuity and life interest 
 in said benefice are not incumbered, f 
 
 Sources of Income. £ s. d. 
 
 Annuity declared under 14th section of " Irish Church 
 
 Act," . 
 
 Rents, as per rental, ..... 
 
 Renewal Fines, ...... 
 
 {Glebe house, garden, and curtilage (unless same is to 
 
 be excluded from commutation, pursuant to section 67 
 
 of " Irish Church Act,") .... 
 
 {Glebe land in claimant's actual occupation (unless same 
 
 is to be excluded from commutation, under section 67 
 ' of "Irish Church Act,") .... 
 
 §Interest on £ Government or other stocks, . 
 Other sources, viz. : — 
 
 Total income, . . . . . £ 
 
 Deductions from above Sources of Income. £ 
 
 ||Poor rate allowed tenants of glebe lands, 
 
 IJPoor rate paid on glebe house, garden, and curtilage, . 
 
 ]]Poor rate paid on glebe land in claimant's actual occu- 
 pation, ...... 
 
 || County cess and other taxes on glebe house, garden, 
 and curtilage, ...... 
 
 ||County cess and other taxes on glebe land in occupation, 
 
 **Quit or crown rent, ..... 
 
 **Tithe rent-charge, ..... 
 
 ffRent of glebe, ..... 
 
 Total deductions, . . . . . £ 
 
 * Here state baptismal certificate, or other evidence of age, which must accom- 
 pany this claim. 
 
 f If incumbered, the names and addresses of the incumbrancers should be here 
 stated. 
 
 J State annual value. § Give description, and in whose name invested. 
 
 || Average of last five years, as per schedule annexed. 
 
 ** If not already deducted, in estimate of annuity, under 14th section. 
 
 ft State to whom payable. 
 
228 RULES AND ORDERS UNDER THE IRISH . CHURCH ACT. 
 
 Terminable Charges.* 
 
 Annual instalment in repayment of loan from late Board 
 
 of First Fruits, . . . • 
 
 t Annual instalment payable to Commissioners of Public 
 
 Works, in repayment of Drainage or Improvement 
 
 Loan, ..... 
 Annual payment on account of mortgage loan under 
 
 Napier's Act, ...... 
 
 £ s. d. 
 
 [Signature of Claimant.'] 
 [Declaration as in Form No. 17.] 
 
 N.B. — A certificate from the Representative Church Body, showing its 
 assent to the proposed commutation, must accompany this claim. 
 
 This claim and accompanying rental must be forwarded by the claimant in dupli- 
 cate. 
 
 Rental. 
 
 Particulars of Rent payable to out of the Glebe Lands in the Parish 
 
 of in the Diocese of , and County of 
 
 Town- 
 land. 
 
 Poor Law 
 Union. 
 
 Electorial 
 Division. 
 
 Tenants' 
 Names. 
 
 Residence 
 
 and Post 
 
 Town. 
 
 Tenure. 
 
 Gale 
 Days. 
 
 Annual Rent. 
 
 
 
 
 
 
 
 Total,! 
 
 £ 
 
 s. 
 
 d. 
 
 Dated this 
 
 day of 
 
 ,18 
 
 [Signature of Claimant. 
 
 * The annual reduction of annuity on account of these items will be estimated 
 by the Commissioners. ' 
 
 t A certificate from Commissioners of Public Works, showing when instalment 
 will cease, must be forwarded. 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 229 
 
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230 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 Form of Certificate to be procured by Claimant from the Re- 
 presentative Church Body, and forwarded, with Claim for 
 Commutation, to the Commissioners of Church Temporalities 
 in. Ireland. 
 
 Diocese of Benefice of 
 
 This is to certify that the Representative Church Body assent to the 
 proposed commutation of the annuity and life interest of pursuant to 
 the section of " The Irish Church Act, 1869." 
 
 Dated at Dublin, this day of 187 
 
 Secretary of the Representative Church Body. 
 
 Incumbrancer's Form of Consent to Commutation. 
 
 Diocese of Benefice of 
 
 As an incumbrancer on the above Benefice, I hereby consent to the 
 Rev. commuting his entire income connected with the said benefice, 
 under the provisions of the 23rd section of "The Irish Church Act, 
 1869." 
 
 Dated this day of 187 
 
 Signature. 
 
 Address and Post Town. 
 
 No. 25. — Form of Application for Annuity by Curate. 
 Diocese of Parish of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of the Rev. of in the county of post town 
 
 1. I claim to be deemed a permanent curate of the parish of 
 
 diocese of 
 
 2. Date of my appointment 
 
 3. I was appointed by 
 
 4. The total amount of my annual salary is £ 
 
 5. Derived from the following sources : — 
 
 £ s. d. 
 
 6. ■ The time of my actual service as curate has been 
 
 7. The nature of the duties which I discharge is 
 
 [Claimant is to state whether the incumbent is non-resident, infirm, or otherwiie 
 incapable, and whether the incumbent; has been in the habit of employing a curate, 
 and for how long. | 
 
 8. I claim an'order under the 15th section of the Irish Church Act, 
 
 1869, declaring the amount of my yearly income at £ 
 [Declaration as in Form No. 17.] 
 
■RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 231 
 
 No. 26. — Form of Application for Gratuity by a Curate. 
 Diocese of Parish of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of the Rev. of in the county of post town 
 
 1. The time of my actual service as curate has been 
 
 2. Date of my appointment to the parish 
 
 3. I was appointed by 
 
 4. The amount of my annual salary was £ derived from the fol- 
 
 lowing sources : — 
 
 5. I claim, as compensation for the loss of my curacy, £ 
 
 [Declaration as in Form No. 17.] 
 
 No. 27. — Form of Application to Commute by a Curate, under 
 the 23rd section of "The Irish Church Act, 1869." 
 
 Diocese of Parish of 
 
 Claim of the Rev. of in the county of post town curate 
 of the above parish. 
 
 I hereby apply to the Commissioners of Church Temporalities in Ireland, 
 pursuant to the 23rd section of "Irish Church Act, 1869," to commute 
 for a capital sum the annuity of £ which is secured to me by an order 
 of the Commissioners, made under the 15th section of the said Act — such 
 capital sum to be paid to the Representative Church Body, charged with 
 the payment of the gross annuity in respect of which the capital sum is to 
 be paid. 
 
 I hereby declare that I was years of age on the day of 
 
 18 as verified by* 
 I further declare that the above mentioned annuity is not incumbered.t 
 
 Dated this day of 187 
 
 [Signature of Claimant.'] 
 [Declaration as in Form Kb. 17.] 
 
 Certificates from Incumbent and Representative Church 
 
 Body Assenting to proposed Commutation. 
 
 No. 1. 
 
 Form of Consent required pursuant to 1 5th section of ' ' The Irish Church 
 
 Act, 1869," in those cases where a deduction has been made from 
 
 Annuity of Incumbent for " Salary of Curate, under 1 4th section of 
 
 the said Act." 
 
 I hereby consent to the proposed commutation of the annuity of the 
 Rev. whose salary has been deducted from my annuity as incumbent 
 
 of the benefice of in the diocese of pursuant to the 14th section of 
 "The Irish Church Act, 1869." 
 
 Dated this day of 18 
 
 [Signature of Incumbent.] '. 
 . [Adaress and Post Town ] 
 
 * Here state baptismal certificate, or other evidence of age, which must accom- 
 pany this claim. 
 
 t If incumbered, the names and addresses of the incumbrancers should be here 
 stated. 
 
232 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 No. 2. 
 
 Form of consent required from Representative Church Body, pursuant 
 to 23rd section of " The Irish Church Act, 1869." 
 
 I hereby certify that the Representative Church Body assent to the 
 proposed commutation of the annuity of the Rev. as curate of the 
 
 benefice of in the diocese of in accordance with the terms set forth 
 in annexed claim. 
 
 Dated at 52, St. Stephen's-green, Dublin, this day of 18 
 
 Secretary to the Bepresentative Church Body. 
 
 No. 28. — Form of Application for Annuity by Schoolmaster of 
 Diocesan or District School in Ireland. 
 Diocese of 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of of in the county of post town 
 
 1. The designation of the school of which I am master is in the 
 
 diocese of 
 
 2. Date of my appointment 
 
 3. My yearly salary is £ derived under a warrant -of the Lord 
 
 Lieutenant in Council, dated day of the particulars of 
 which are as follows: — 
 
 [ The particulars of the amount, and the names of the persons by whom 
 payable, should be here set forth.'} 
 
 4. I claim an order under the 16th section of "The Irish Church 
 
 Act, 1869," declaring the amount of my yearly salary at £ 
 
 [Declaration as in Form No. 17.] 
 
 No. 29. — Form of Application to Commute by Diocesan School- 
 masters, under the 16th section of "The Irish Church Act, 
 1869," extended by 35 & 36 Vic, cap. 90, sec. 3. 
 
 Diocese of 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of of in the county of post town now holding 
 
 the office of diocesan schoolmaster of the diocese of 
 
 I hereby apply to the Commissioners of Church Temporalities in Ireland, 
 pursuant to the 3rd section of "The Irish Church Act, 1869, Amendment 
 Act, 1872," to commute for a capital sum the annuity of .£ which is 
 
 secured to me by an order of the Commissioners made under the ] 6th 
 section of " The Irish Church Act, 1 869," such capital sum to be paid to 
 me, and to the Representative Church Body, in the proportions agreed on 
 between us. 
 
 I hereby declare that I was years of age on the day of 
 
 187 as verified by * 
 
 [Declaration as in Form No. 17.] 
 
 * Here state baptismal certificate, or other evidence of age, which should accom- 
 pany this claim. 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 233 
 
 Form of consent of the Representative Church Body. 
 
 I certify that the Representative Church Body consent to the proposed 
 commutation of the annuity of now holding the office of diocesan 
 
 schoolmaster of the diocese of in accordance with the terms set forth 
 in the annexed claim. 
 
 Dated at 52, St. Stephen's-green, Dublin, this day of 187 
 
 Secretary to the Representative Church Body. 
 
 No. 30. — Form of Application for Annuity by Clerks, Sextons, 
 and other Holders of Office of a Freehold or Quasi Free- 
 hold Character connected with, any Cathedral, Parish, 
 Chapelrt, or Chapel of Ease in Ireland. 
 
 Diocese of Parish of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of of in the county of post town 
 
 1 . I hold the office of 
 
 2. Tenure of office 
 
 3. Name of parish and name of diocese 
 
 4. Date of my appointment 
 
 5. Length of service 
 
 6. Amount of my annual salary £ 
 
 7. Allowances and the various sources thereof, viz. : — 
 
 Total amount, £ 
 
 8. I claim an order, pursuant to section J 6 of " The Irish Church 
 
 Act, 1869," declaring the amount of my yearly salary, and of 
 the emoluments of which I will be deprived by the Act, at the 
 sum of £ 
 Dated this day of 18 
 
 [Declaration as in Form No. 17.] 
 
 No. 31. — Form of Application for a Gratuity by Church 
 Officers for persons holding Appointments on 1st January, 
 1871,* connected with any Church or Chapel in Ireland, and 
 not entitled to Compensation under the 16th section of "The 
 Irish Church Act, 1869." 
 
 Diocese of Parish of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of of in the county of post town 
 
 1. I hold the office of 
 
 2. Name of church or chapel 
 
 3. Date of my appointment to said office, day of 18 
 
 4. Length of service 
 
 5. Amount of my annual salary, £ 
 
 6. I claim a gratuity, pursuant to section 17 of " The Irish Church 
 
 Act, 1869," of £ being the amount of my salary. 
 [Declaration as in Form No. 17.] 
 
 » Note. — No person appointed to any office since 1st January, 1869, is entitled 
 to claim under the 17th section of " The Irish Church Act, 1869." 
 
234 rules and orders under the irish church act. 
 
 Certificate to be Filled and Signed by Incumbent. 
 I certify that held the office of in the church (or chapel) of 
 in the diocese of on the 1st day of January. 1871 ; and that the said 
 claimant held such office for the period of years prior to that date, 
 
 having been appointed on the day of 18 and I further certify 
 that the amount of claimant's salary was £ per annum. 
 
 Dated this day of 1871. 
 
 [Signature of Clergyman.'] 
 [Address and Post Town.'] 
 
 No. 32. — Form of Application to Commute by Clerks, Sextons, 
 &c, tinder the 16th section of the " Irish Church Act, 1869," as 
 extended by the Act 35 & 36 Yic, c. 90, s. 3. 
 
 Diocese of Parish of 
 
 Cathedral, Church, or Chapel of 
 
 Claim of of in the county of post town now holding 
 the office of of the above cathedral, church, or chapel. 
 
 I hereby apply to the Commissioners of Church Temporalities in Ire- 
 land, pursuant to the 16th section of the "Irish Church Act, 1869," to 
 commute for a capital sum the annuity of £ which is secured to me 
 by an order of the Commissioners made under the same section of the 
 said Act, such capital sum to be paid to me and to the Representative 
 Church Body in the proportions agreed on between us. 
 
 I hereby declare that I was years of age on the day of 
 18 as verified by* 
 
 Dated this day of 187 . 
 
 Signature of Claimant. 
 
 [Declaration as in Form No. 17.] 
 
 Certificates. 
 Form of Consent required by Clerks, Sextons, or other Officers, from the 
 Ecclesiastical Person under whom they may be serving at the time of 
 Commutation, pursuant to the 16th section of the " Irish Church Act, 
 1869." 
 
 [N.B. — This consent may be given at any time before commutation 
 money is paid, in case it is not possible for the same to accompany claim.] 
 
 I hereby consent to the proposed commutation of the annuity of 
 now holding the office of of the cathedral, church, or chapel of 
 in the parish of and diocese of as set forth in the annexed claim. 
 
 Dated this day of 187 . 
 
 Signature of Ecclesiastical Person. 
 
 Dignity held by Ecclesiastical Person. 
 
 Address. 
 
 ■ Post Town. 
 
 * Here state baptismal certificate, or other evidence of age, which must accom- 
 pany this claim. 
 
RULES ANb 6RDERS UNbER THE IRISH cHuRcH AM. 235 
 
 Form of Consent required from the Representative Church Body, pur- 
 suant to the 16th section of the " Irish Church Act, 1869." 
 
 I certify that the Representative Church Body consent to the proposed 
 commutation of the annuity of now holding the office of of the 
 cathedral, church, or chapel of in the parish of and diocese of 
 in accordance with the terms set forth in the annexed claim. 
 
 Dated at 52, St. Stephen's-green, Dublin, this day of 187 • 
 Secretary to the Representative Church Body. 
 
 No. 33. — Form of Application for Compensation by a Lay 
 Patron. 
 Diocese of Parish of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of in the county of post town 
 
 I am sole patron (or in conjunction with ), I am patron of the 
 benefice of 
 
 The said benefice is of the annual value of £ 
 
 The said benefice is now full of the Rev. aged years (or is now 
 vacant). 
 
 I claim the right to the next presentation or nomination thereto (or 
 the next but one, as the case may be). 
 
 I claim the sum of £ as compensation, by reason of my right afore- 
 said being affected by the provisions of the "Irish Church Act, 1869." 
 [Declaration as in Form JSTo. 17.] 
 
 [This claim is to be accompanied by an abstract of title and copies of 
 documents in support thereof.] 
 
 No. 34. — Application to Commute by Non-Conformist Ministers, 
 under the 39th Section of the "Irish Church Act, 1869." 
 
 I minister of the congregation of in the presbytery of 
 hereby apply to the Commissioners of Church Temporalities in Ireland to 
 commute for a capital sum the annuity of £ which is secured to me 
 under the 38th section of the " Irish Church Act," and I request that 
 such capital sum may be paid to the following persons, namely : — 
 
 who have been appointed trustees, in pursuance of the 39th section of 
 the Act, by myself and by the [General Assembly, or Synod, or Pres- 
 bytery (as the case may be)~\. 
 
 I further affirm that I am the person entitled to the above men- 
 tioned annuity, and that the said annuity is not in any way incumbered. 
 And I also declare that I was years of age on the day of 18 , 
 as verified by the certificate hereunto annexed. [Certificate of baptism 
 or other evidence of age to be annexed.] 
 
 Signature. 
 
 Address. 
 
 [Declaration as in Form No. 17.] 
 
 I hereby certify that the above mentioned trustees were appointed, in 
 pursuance of the 39th section of the ' ' Irish Church Act," by the Rev. 
 and by the [ This certificate to be signed by the Moderator or other officer 
 of the General Assembly, or Synod, or Presbytery (as the case may be), to 
 which the applicant belongs.'} 
 
 i. Signature, 
 
236 RULES AND ORDERS UNDER THE IRISH CHURCH AM. 
 
 No. 35. — Form of Application for Compensation under Section 
 45, by Vicars-General, Registrars, &c. 
 
 Diocese of 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of of in the county of post town 
 
 I hold the office of in the diocese of 
 
 The fees or other emoluments of said office for three years ending the 
 1st day of January, 1869, have been as follows, viz. : — 
 
 [Here state separately the various sources of revenue, and the amount respectively 
 in each of the three years]. 
 If the claimant he a registrar, he is to state if the duty has heen discharged by 
 deputy. 
 
 I claim the annual sum of £ , being the average of the said three 
 years, under the 45th section of the " Irish Church Act, 1869." 
 
 Dated this day of 18 . 
 
 Signature of Claimant. 
 
 [Declaration as in Form No. 17.] 
 
 No. 36. — Form of Application to Commute by Vicars-General, 
 Registrars, &c. 
 
 To the Commissioners of Church Temporalities in Ireland. 
 
 Claim of of in the county of post town formerly holder 
 of the office of 
 
 I hereby apply to the Commissioners of Church Temporalities in, 
 Ireland, pursuant to the 4th section of the " Irish Church Act, 1869 
 Amendment Act, 1872," to commute for a capital sum the annuity 
 of £ which is secured to me by an order of the Commissioners made 
 under the 45th section of the " Irish Church Act, 1 869," such capital sum 
 to be paid to me in satisfaction of the said annuity. 
 
 I hereby declare that I was years of age on the day of 187 
 as verified by* 
 
 [Declaration as in Form No. 17.] 
 
 No. 37. — Form of Application of Deputy Registrar. 
 
 Diocese of 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of of county of post town 
 
 I discharged the duty of the office of Registrar for five years before 
 the passing of the " Irish Church Act, 1869." I was appointed to dis- 
 charge such duty by . I received as salary the sum of £ .1 dis- 
 charged said duty on behalf of . I claim as compensation for the 
 loss of my office, under the 45th section of the said Act, the sum of £ 
 
 [Declaration as in Form No, 1 7.] 
 
 * Here state baptismal certificate, or other evidence of age, which should accom- 
 pany this claim. 
 
^UlEs And orders Under the irish church act. 237 
 
 No. 38. — Form of Application of Clerks under Section 45. 
 
 Diocese of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 
 Claim of of county of post town 
 
 I was employed as clerk, continuously for five years immediately 
 before the passing of the " Irish Church Act, 1869," in the Registry 
 Office. My salary was £ . I was appointed by . I claim as 
 compensation for the loss of emolument to me, by reason of the passing 
 of the said Act, the sum of £ 
 
 [Declaration as in Form No. 17.] 
 
 No. 39. — Form of Application for Compensation under 
 Section 46. 
 
 To the Commissioners of Church Temporalities in Ireland. 
 Claim of of in the county of post town . 
 
 I hold the office of and I claim to be entitled to the right of succes- 
 sion in the benefice of and my said right is derived as follows :— 
 
 [The grounds of the claimant's right should be fully setforth.~\ 
 and I claim the sum of £ as compensation by reason of my right 
 aforesaid being affected by the provisions of the " Irish Church Act. 
 1869." 
 
 Dated this day of 18 . 
 
 [Declaration as in Form No. 17.] 
 
 No. 40. — Form of Application for Building Charge under 
 Section 24, of the " Irish Church Act, 1869," 
 Diocese of Benefice of 
 
 To the Commissioners of Church Temporalities in Ireland. 
 
 Whereas I incumbent of the above benefice, have commuted, under 
 the 23rd section of the said Act, my life interest, including my house: 
 
 Now, I the said do hereby claim to be entitled, under the 24th 
 section of the said Act, to a building charge upon the said house, amount- 
 ing to the sum of £ and I request the Commissioners of Church 
 Temporalities in Ireland to pay to me the amount of said charge. 
 
 The following are the facts on which I ground this application : 
 
 1 . The certificate* of charge, establishing the above mentioned building 
 charge, was granted on the day of 18 under the Act of 
 
 2. The original amount of the charge was £ and was approved the 
 day of _ 18 . 
 
 3. The certificate was duly registered in the diocesan registry. 
 
 4. I am the in succession from the builder (or improver). 
 
 5. The amount paid by me to my predecessor (or his representatives) 
 on account of such charge was £ 
 
 6. I have enjoyed the use of the glebe house for years. 
 
 7. The sum necessary, by way of dilapidations, to put the premises into 
 tenantable order, may be ascertained byf 
 
 [Declaration as in Form No 17.] 
 
 * The certificate and memorial must accompany this claim, 
 f A survey of premises, or the ten per cent, scale, as the case may be. 
 
 9 
 
238 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 No. 41 . — Form of Declaration to be made by the Widows or Next 
 of Kin of Deceased Persons who have died intestate, or on behalf 
 of whom Letters of Administration have not been taken out, 
 and whose Assets at the date of their Decease did not amount 
 to the value of £100. (Vide 31 $ 32 Vic, cap. 90.) 
 
 (a) I of in the county of post town do solemnly and 
 sincerely declare that I am the (b) and next of kin of (c) who 
 
 held the office of and who died on the' day of 187 and that 
 I am entitled to receive the balance of (d) due to him on the day of 
 
 his death. And I further declare that the total value of the assets of the 
 deceased, including the (e) due to him at the date of his death, do not 
 amount to the sum of £1 00 ; and I certify that the death-bed and funeral 
 expenses of the deceased have been discharged. And 1 make this solemn 
 declaration conscientiously believing the same to be true. 
 
 [Signature of Claimant.'] 
 
 Declared before me this day of 187 
 
 [Signature of Magistrate."] 
 J. P. for the county of 
 
 We do certify that we personally know the above subscribing (_/) 
 and believe what she or he has stated is true. 
 
 ^*' \ Inhabitants and householders of the parish of 
 
 I certify that (A) and are inhabitants and householders of this 
 parish. 
 
 Minister of the parish of 
 
 (a) Name of Claimant. 
 
 (b) Degree of relationship. 
 
 GO Name and rank of deceased. 
 
 (cf) State whether pay, pension, or life annuity. 
 
 (e) Pay, pension, or life annuity. 
 
 (/) Name of claimant. 
 
 (a) Signatures of two inhabitants of the parish. 
 
 (A) Names of ditto, ditto. 
 
 No. 42. — Form of Application for Compensation for Surrender 
 of Lease of Tithe Rent-charge, under the 33rd section of the 
 "Irish Church Act, 1869," and the 8th section of the "Irish 
 Church Act, 1869, Amendment Act, 1872." 
 
 Queries which any person applying to the Commissioners of Church 
 Temporalities in Ireland, for a surrender or assignment of his Lease of 
 Tithe Kent-charge vested in them, is requested to answer. 
 
 N.B. — The existing lease is to be forwarded to the Commissioners, 24, 
 Upper Merrion-street, Dublin, at the same time with the answers to these 
 queries. 
 
 Queries. 
 
 1. State the name or names of the person or persons making application; 
 and if applying on behalf of the lessee or lessees, state the name or names 
 of the lessee or lessees in the existing lease, and whether he, she, or they 
 is or are trustee or trustees for any other person or persons, and whom, 
 by name, in regard of this lease 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 239 
 
 2. State for what term, and from what time the tithes or tithe rent- 
 charge are held. 
 
 3. State what period of the term is still to come, and unexpired. 
 
 4. State the usual intervals at which the lease has been renewed. 
 
 5. State whether there have been regular renewals at the above 
 
 6. State the fine and fees properly payable on each renewal, exclusive 
 of expense of leases. 
 
 Fine, £ Fees on fine, £ 
 
 7. State the number of renewals actually made within the nine years, 
 prior to 26th July 1869, their respective dates, and the amount of fine 
 and fees paid on each of such renewals. 
 
 8. If it is contended that the lease had been, prior to 26th July, 1869, 
 " renewable by custom," state the grounds on which such contention is 
 
 [-jo Bpn 
 
 9. State the amount of the annual rent or rents now reserved under the 
 lease. 
 
 Kent, £ Fees on rent, £ 
 
 10. Is there any quit or crown rent payable in respect of these tithes? 
 
 11. State particulars of all charges and incumbrances affecting the 
 lease ; the amounts due on foot thereof, in whom same are vested, and 
 how it is proposed to deal with same in the proposed purchase. 
 
 I have answered the above queries according to the best of my infor- 
 mation and belief. 
 
 Dated this day of 187 
 
 . Signature. 
 , Post town. 
 
 Rental. 
 
 Particulars of Rent-charge payable to in lieu of Composition 
 
 for the [state nature of Tithes] Tithes of the Parish of , 
 
 Diocese of 
 
 Name of Town- 
 lands chargeable. 
 
 County. 
 
 Name, Residence, 
 
 and Post Town 
 
 of person liable to 
 
 Rent-charge. 
 
 Name, Residence, 
 
 and Post Town of 
 
 person who last paid 
 
 the Rent-charge. 
 
 Yearly 
 
 Amount of 
 
 Rent-charge. 
 
 
 
 
 
 £ 
 
 3. 
 
 d. 
 
 Dated this day of 18 . 
 
 [Signature of Claimant]. 
 
 [The Rental to be verified by a declaration as in Form No. 17..] 
 
240 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 Principal Forms of Procedure under Sales' Sections 
 of "The Irish Church Act, 1869." 
 
 No. 43. — Form of Proposal for the Purchase of Tithe Kent- 
 charge, -when the Purchase Money is to be paid down, under 
 section 7 of " The Irish Church Act, 1869," Amendment Act, 
 1872." 
 
 Diocese of 
 
 Benefice of* 
 
 To the Commissioners of Church Temporalities in Ireland. 
 
 I the owner [or on behalf of the owner] of the lands mentioned 
 in the annexed schedule, which lands are charged with the rent-charge 
 in lieu of tithes therein specified, amounting in the whole to the sum of 
 £ do hereby apply to the Commissioners of Church Temporalities in 
 Ireland to sell to me the said rent-charge ; and I am ready to pay to the 
 Commissioners the amount of purchase-money, when ascertained, together 
 with the rent-charge that may be due, calculated to the date of payment 
 of such purchase-money. 
 
 The owner was entitled to deduct for poor-rates from said rent-charge, 
 on an average of five years preceding the passing of " The Irish Church 
 Act, 1869 " (as per schedule on last page), the sum of £ and the net 
 rent-charge, after such deduction for poor-rates, amounts to £ 
 
 Dated this day of 187 
 
 Signature, 
 Address"— 
 
 Schedule of Rent-charge in lieu of Tithes payable by , of , 
 
 out of the" various Denominations of Land herein mentioned, situate in 
 the County of 
 
 [N.B. — The Name and Address, with Profession or Occupation (if any), should be 
 given in full, and in the case of a female, it should he specified whether widow, 
 spinster, or otherwise.] 
 
 Names of Townlands as 
 per Ordnance Survey. 
 
 Parish. 
 
 Union. 
 
 Electoral 
 Division. 
 
 Gross Amount of 
 
 Rent-charge annually 
 
 payable.f 
 
 
 
 
 
 £ 
 
 ». 
 
 a. 
 
 * A distinct proposal must be made in respect of each benefice, 
 t In respect of the above Benefice. 
 
 N.B. — It is not necessary to state the amount payable out of each Towsland. 
 
RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 241 
 
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242 RULES AND ORDERS UNDER THE IRISH CHURCH ACT. 
 
 No. 44. — Form of Proposal for the Purchase of Tithe Kent- 
 charge, when the Purchase-money is to be made payable by 
 fifty-two Annual Instalments, under section 7 of "The Irish 
 Church Act, 1869, Amendment Act, 1872." 
 
 Diocese of Benefice of* 
 
 To the Commissioners of Church Temporalities m Ireland. 
 
 I the owner [or on behalf of the owner] of the lands mentioned 
 in the annexed schedule, which lands are charged with the rent-charge in 
 lieu of tithes therein specified, amounting in the whole to the sum of £ 
 do hereby propose to purchase the said rent-charge, pursuant to said Act, 
 and I do hereby apply to the Commissioners of Church Temporalities in 
 Ireland to declare by drder, the amount of purchase-money, when ascer- 
 tained, to be payable by fifty-two annual instalments, pursuant to the 
 said Act, and the lands in the schedule t thereto to be accordingly charged 
 with an annual sum, calculated pursuant to said Act, and commencing 
 from J last, and I am ready to pay to the Commissioners whatever 
 arrears of said rent-charge may be due to them up to that date. 
 
 The owner was entitled to deduct for poor rates from said rent-charge, 
 on an average of five years preceding the passing of " The Irish Church 
 Act, 1869" (according to schedule f of rates set forth on last page), the 
 sum of £ and the net rent-charge, after such deduction for poor-rates, 
 amounts to £ 
 
 Dated this day of 187 
 
 Signature, — ^— 
 
 No. 45. — Form of Proposal for the Purchase of Tithe Rent- 
 charge, when the Purchase-money is to be made Payable by 
 Instalments in a number of years less than fifty-two, under 
 section 7 of " The Irish Church Act, 1869, Amendment Act, 
 1872." 
 
 Diocese of Benefice of* 
 
 To the Commissioners of Church Temporalities in Ireland. 
 
 I the owner [or on behalf of the owner] of the lands mentioned 
 in the annexed schedule, which lands are charged with the rent-charge 
 in lieu of tithes therein specified, amounting in the whole to the sum 
 of £ do hereby propose to purchase the said rent-charge pursuant to 
 said Act, and I do hereby apply to the Commissioners of Church Tempo- 
 ralities in Ireland to declare by order, the amount of purchase-money, 
 when ascertained, to be payable by § annual instalments, and the lands 
 the schedule t hereto to be accordingly charged from the 1st day of J 
 for years, with an annual sum to be calculated pursuant to said Act, 
 and 1 am ready to pay to the Commissioners whatever arrears of said 
 rent-charge may be due up to that date. 
 
 * A distinct proposal must be made in respect of each benefice. 
 + See Form of Schedule appended to Form No. 43. 
 j Here insert last gale day, May or November. 
 
 § Here insert number of proposed instalments, which must be either ten, twenty, 
 thirty, or forty. 
 
RtTLES AND ORDERS UNDER THE IRISH CHURCH ACT. 243 
 
 I hereby certify that I have been entitled to deduct for poor-rates from 
 said rent-charge, on an average of five years preceding the passing of 
 "The Irish Church Act, 1869" (according to schedule* of rates set forth 
 on last page), the sum of £ and that the net rent-charge, after such 
 
 deduction for poor-rates, amounts to 
 Dated this day of 187 
 
 Signature, 
 
 Address, — 
 
 No. 46. — Form of Offer of Pre-emption of Perpetuity Eents. 
 
 Irish Church Temporalities Commission, 
 
 24, Upper Merrion-street, Dublin, 
 
 187 . 
 See or Dignity of Lands of 
 
 Name of Grantee in Deed, 
 
 Sin — Whereas you are, or claim to be, owner of the above lands, 
 subject to the perpetual yearly rent of £ 
 
 Now you are hereby required to take notice that, pursuant to the 34th 
 section of " The Irish Church Act, 1869," the Commissioners of Church 
 Temporalities in Ireland are willing, and hereby offer, to sell to you, as such 
 owner, the said perpetual yearly rent at and for the capital sum or price 
 of £ sterling, the same being equal to twenty-five times the annual 
 amount of such rent, the price fixed by the Act. 
 
 And you are hereby further required to take notice that, pursuant to 
 said Act, you shall be deemed to have declined to accept the said offer, 
 unless within three months from the date of this notice you accept the 
 same in writing, and pay or secure the said purchase-money to the Com- 
 missioners, pursuant to the Act above referred to. 
 
 Be good enough to acknowledge receipt of this communication ; and in 
 case you are not now the owner of the said lands, I beg you will inform 
 mejof the name and address of the present owner. 
 
 I am, sir, your obedient servant, 
 
 Denis Godley, Secretary. 
 To 
 
 Note. — Should this offer be accepted, the rent must be paid up to the date of the 
 lodgment of the purchase-money. 
 
 No. 47. — Form of Acceptance of Offer of Pre-emption of 
 Perpetuity Eents. 
 Diocese of Lands of 
 
 Reply of owner to offer dated the t day of 187 , of the Com- 
 missioners of Church Temporalities. 
 
 I hereby accept the offer of the Commissioners of Church Temporali- 
 ties in Ireland, made in the notice above referred to, and I undertake to 
 pay or secure the purchase-money to the said Commissioners, within 
 three months from the date of the said notice, as required by " The Irish 
 Church Act, 1869," and I propose to complete my purchase in the manner 
 indicated by my answers to the following queries. 
 
 Perpetuity rent, £ . Purchase-money, as per notice, £ 
 
 * See Form of Schedule appended to Form No. 43. 
 f Here inseit date of offer made to owner. 
 
3. 
 
 %ii RULES AND ORDERS UNDER THE IRISH CHURCH AC*. 
 
 Queries. 
 
 1 . Amount proposed to be paid in cash, £ 
 
 2. Amount proposed to be secured by mortgage, £ 
 '(1.) Is it desired to give a simple mortgage at 4 per cent. ? 
 
 (2.) A mortgage paying off principal and interest in sixty-four 
 
 half-yearly instalments. 
 (3.) Or a mortgage paying off principal and interest in ten half- 
 yearly instalments. 
 t(4.) Do. thirty do.. 
 
 The Commissioners retain the power of reducing the amount to be secured by 
 mortgage, and increasing the amount to be paid in cash by a sum not exceeding £9. 
 
 Dated this day of 187 
 
 Signature of Owner, — — 
 
 Post Town, 
 
 Note. — After these Queries have been returned to the Commissioners' office, duly 
 filled up and signed, no alteration can be made in the mode of purchase selected by 
 the owner. 
 
 No. 48. — Form of Offer of Pre-emption of Holdings, pursuant 
 to 34th section of "The Irish Church Act, 1869." 
 
 Irish Church Temporalities Commission, 
 
 24, Upper Merrion-street, Dublin, 
 
 day of 187 . 
 
 Diocese of Benefice of 
 
 Sir — Take Notice, that the Commissioners of Church Temporalities in 
 Ireland are willing to sell to you the fee-simple of that part of the lands 
 of in the county of held by you as lessee or tenant thereof, imme- 
 diately from or under the said Commissioners, for the sum of £ 
 sterling [subject* in conjunction with the residue of the said lands of 
 to an impropriate tithe rent-charge of £ payable to but bound to in- 
 demnify the said residue of said lands therefrom]. 
 
 And further take notice that, unless you accept the said offer of the 
 Commissioners, in writing, and pay or secure the above-mentioned pur- 
 chase-money to the said Commissioners, within three months from the 
 date hereof, they will offer for sale to the public the fee-simple of the 
 said lands. 
 
 By Order, 
 
 Denis Godley, Secretary. 
 
 N.B. — The Form of acceptance is, mutatis-mutandis, the same as 
 .No. 47. 
 
 * As the case may be. 
 
t 245 ] 
 
 INDEX. 
 
 ACTS OP GENERAL ASSEMBLY: 
 
 regulated by 34 & 35 Vic. c. 24 (s. 31), 63. 
 
 ACTS OF PARLIAMENT: 
 
 2 Anne, c. 6 (Advowsons), 11. 
 
 33 Geo. III., c. 29 (Convention), 12. 
 
 39 & 40 Geo. III., c. 67 (Act of Union), 40. 
 
 40 Geo. III., c. 85, (Maynooth), 28. 
 
 53 Geo. III., o. 107 (Endowed Schools), 9. 
 1 & 2 Wm. IV., c. 33 (Public Works), 65, 67. 
 
 3 & 4 Wm. IV., c. 37 (Church Temporalities), 5, 6, 9, 
 
 4 & 5 Wm. IV, c. 90 (Church Temporalities), 5. 
 6 & 7 Wm. IV., c. 99 (Church Temporalities), 5. 
 1 & 2 Vic, c. 109 (Tithe Composition), 23,44. 
 
 8 & 9 Vic, c. 18 (Lands Clauses Consolidation), 36, 49. 
 8 & Vic, c. 20 (Railway Clauses Consolidation), 37, 52. 
 8 & 9 Vic, c. 25 (Maynooth), 28, 30. 
 
 13 & 14 Vic, c. 51 (Exchequer Equity Jurisdiction), 49. 
 
 14 & 15 Vic, c. 70 (Exchequer Equity Jurisdiction), 49. 
 14 & 15 Vic, c 73 (Ecclesiastical Residences), 65. 
 
 18 & 19 Vic, c. 39 (Leasing Powers), 72. 
 
 19 & 20 Vic,, c. 98 (Burial), 18. 
 
 23 & 24 Vic, c. 104 (Maynooth), 28. 
 
 23 & 24 Vic, c. 150 (Church Temporalities Amendment), 5, 6. 
 
 23 & 24 Vic, c. 153 (Land Improvement), 25. 
 
 24 & 25 Vic, c 14 (Savings Banks), 36. 
 
 26 & 27 Vic, c. 87 (Post Office Savings Banks), 36. 
 
 27 & 28 Vic, c. 54 (Diocesan Courts, &c), 31, 32. 
 
 29 & 30 Vic, c. 39 (Exchequer and Audit Act), 27. 
 
 30 & 31 Vic, c. 54 (Charitable Donations and Bequests), 21 
 30 & 31 Vic, c. 70 (Public Records Act, 1867), 80. 
 
 32 & 33 Vic, c. 42 (Irish Church Act), 1. 
 
 33 & 34 Vic, o. 1 10 (Marriage Act), 13, 31. 
 33 & 34 Vic, c. 97 (Stamp Duties), 26. 
 
 33 & 34 Vic, c 1 12 (Glebe Loan Act, 1870), 65. 
 
 34 & 35 Vic, c. 24 (Presbyterian Church), 28, 54. 
 34 & 35 Vic, c. 100 (Glebe Loan Act, 1871), 68. 
 
 34 & 35 Vic, c. 102 (Charitable Donations and Bequests), 21. 
 
 35 & 36 Vic, c. 13 (Irish Church Amendment Act, No. I), 41. 
 35 & 36 Vic, c. 90 (Irish Church Amendment Act, No. 2), 42. 
 38 & 39 Vic, c 11 (Leasing Powers), 71. 
 
 38 & 39 Vic, c. 30 (Glebe Loan Act, 1875), 68, 70. 
 
 38 & 39 Vic, c 42 (Glebe Lands), 76. 
 
 38 & 39 Vic, c. 59 (Parochial Records), 32. 
 
 [See also List of Statutes affecting Ecclesiastical Leases prior to 1833, 
 page 22.] 
 
 T 
 
246 INDEX. 
 
 ADVOWSONS : 
 
 compensation to owners of, 11. 
 
 i to include Roman Catholics, 1 1 . 
 
 owners aggrieved in respect of value set on, may appeal to arbitra- 
 tion, 11. 
 payment of compensation into bank, in certain cases, 36. 
 abstract of title to, required by Commissioners, 1 1 . 
 
 costs of, 11. 
 
 reports of leading cases, as to, 121, 129. 
 
 AGE: 
 
 of claimants for purposes of commutation, 14. 
 
 AGGRIEVED PERSONS: 
 
 may appeal to one Commissioner, 3. 
 three Commissioners, 3. 
 
 . arbitration, 30, 1 66. 
 
 ANNUTTr (under Irish Church Act) : 
 
 to be awarded to archbishop, 7. 
 
 — bishop, 7. 
 
 to holder of a benefice, 7. 
 
 _ cathedral preferment, 7. 
 
 ■ benefice with Parliamentary grant, 9. 
 
 of permanent curate, 8. 
 
 of permanent curate, leading cases as to, 111. 
 
 (deferred) leading cases as to, 114. 
 
 of diocesan schoolmasters, 9 
 of clerks, sextons, &c, 9. 
 
 . (emoluments), 10. 
 
 of organists, &c, 10. 
 
 of diocesan architect, not allowed, 1 0. 
 
 of Nonconformist Protestant ministers, 27. 
 
 of persons holding more than one annuity, 15. 
 
 of vicars-general, registrars, &c, 31. 
 
 to be paid at intervals, not exceeding six months, 34. 
 
 deduction from, for sums paid to incumbrancers, 34. 
 
 rules as to payment of, 165. 
 
 APPEALS: 
 
 procedure as to, 3. 
 
 APPOINTMENT : 
 
 of Church Temporalities Commissioners and their officers, 2, 3. 
 of Master of Rolls, as member of Court of Appeal, 42. 
 prohibition as to, clerical, 5. 
 
 ARBITRATION : 
 
 by tenants in respect of rent, renewal, and fines, 6. 
 
 by Representative Church Body as to value of site of ecclesiastical 
 
 residences, 19. 
 by Representative Church Body as to price of additional land, 20. 
 by holders of leases of tithe rent-charge, 46. 
 by ecclesiastioal persons in respect of value of life or other interest, 
 
 80. 
 
INDEX. 247 
 
 ARBITRATION— cmtinued. 
 
 by owners of advowions, as to value thereof, 11, 30. 
 
 to be conducted as directed by Railway Clauses Consolidation Act, 
 
 37. 
 sections of that Act, affecting, 52. 
 general rules as to, 11, 166. 
 
 ARCHBISHOPS and BISHOPS. 
 
 leading cases as to, 84, 98. 
 
 lose patronage, 5. 
 
 property of, Tested in Commissioners, 5. 
 
 life interest of, in corporeal hereditaments reserved, 6. 
 
 right to sit in House of Lords, abolished, 6. 
 
 title and precedence of, retained, 6. 
 
 annuity of, in respect of tithe rent-charge, &c, 7. 
 
 bound by ecclesiastical law as by contract, 12. 
 
 coercive jurisdiction of, abolished, 12. 
 
 dissenting from alteration in doctrine, 12. 
 
 lands of, cannot be sold until life interest is terminated, 5, 24. 
 
 compensation for renewal fines, 15. 
 
 ARCHITECT (Diocesan): 
 
 not entitled to compensation, 10, 144. 
 
 ARCHDEACON : 
 
 retains his title and precedence, 6. 
 
 ARREARS (of tithe rent-charge) : j j 
 
 right of recovering, by Commissioners, 44. 
 
 ■ by ecclesiastical persons, 35, 147. 
 
 ARTICLES: 
 
 of religion still binding on members of Church of Ireland, 20 
 
 ASSISTANT SUCCESSOR: 
 
 deferred annuity of, 27. 
 
 commutation of annuity of, 28. 
 
 leading case as to (re Rev. John Hemphill), 132. 
 
 AUDITOR (under 27 & 28 Vic. c. 54) : 
 compensation to be awarded to, 31 . 
 
 AUDIT: 
 
 of accounts of Commissioners, 26. 
 
 BENEFICE: 
 
 meaning of term, 40. 
 
 lay patrons of, to be compensated, 11. 
 
 property belonging to, to vest in Commissioners, 5. 
 
 life interest of holder of, in lands reserved, 6. 
 
 annuity of holder of, in respect of tithe rent-charge, 7. 
 
 __ with Parliamentary grant, 9. 
 
 ecclesiastical law, binding oh holder of, 12. 
 
 holder of, may dissent from alterations in doctrine, 12. 
 
 T2 
 
248 INDEX. 
 
 BENEFICE— continued. 
 
 lands of, cannot be sold until termination of life interest of holder of, 
 
 24. 
 commutation of life interest of holder of, 13. 
 
 annuity of holder of, 14. 
 
 payment of annuity of holder of, 7, 1G5. 
 
 BISHOP {See Archbishop). 
 
 BOULTER'S FUND : 
 
 endowments out of, 89. 
 
 BUILDING CHARGE (payable to Ecclesiastical person) : 
 
 payment of, on commutation, 15. 
 
 , in case of death or resignation, 33. 
 
 into bank of moneys in certain cases, 36. 
 
 scale for assessment of dilapidations deducted from, 15. 
 
 BURIAL AND MONUMENTAL FEES : 
 
 income from, cannot be commuted, 1 4, 
 
 leading case in re Archdeacon Lee and others, 105. 
 
 Rev. M. A. C. CoUis, 108. 
 
 BURIAL GROUNDS: 
 
 enactments with respect to, 17. 
 
 may be vested in Representative Church Body, 17. 
 
 guardians of Poor Law Unions, 17. 
 
 owners of private demesnes, 18. 
 
 provisions of Burial Act, 1 856, applicable to, 18. 
 annexed to national monuments, 18. 
 separated from church by carriage, highway. 17. 
 Rules of Representative Church Body as to, 183. 
 
 CATHEDRAL CORPORATION 
 
 definition of, 41. 
 
 property of, vested in Commissioners, 5. 
 
 dissolution of, 6. 
 
 trust property held by, 21. 
 
 CATHEDRAL PREFERMENT: 
 definition of, 40. 
 
 property of holder of, vested in Commissioners, 5. 
 life interest of holder of, in lands reserved, 6. 
 
 . commutation of , 13. 
 
 annuity of holder of, in respect of tithe rent- charge, 7. 
 
 i payment of, 7. 
 
 commutation of, 14, 
 
 ecclesiastical law, binding on holder of, 12. 
 lay patrons of, to be compensated, 1 1 . 
 holder of, may dissent from alterations in doctrine, 12. 
 lands of, cannot be sold until termination of life interest of holder of, 
 24. 
 
 CERTIFICATES (of Representative Church Body) : 
 
 to be granted to annuitants pursuant to general rules, 148, 165, 
 
INDEX. 
 
 249 
 
 CHANCERY (See Court or Chamcekt). 
 CHAPLAIN (See Curate). 
 
 CHARITABLE TRUSTS : 
 
 continuance of, in ecclesiastical persons, 21. 
 
 opinion of Commissioners of Charitable Donations and Bequests as 
 to, 21. 
 
 CHATTELS : 
 
 of churches vested in Representative Church Body, 21. 
 
 CHURCH: 
 
 of private person, 17. 
 
 unvested, 17. 
 
 definition of term, 40. 
 
 enactments with respect to vesting of, 15. 
 
 in ruins to be preserved as a national monument, 16. 
 
 name adopted by the disestablished, 1, 2, 
 
 building and enlargement of, 33. 
 
 requisites for Divine service in, 33. 
 
 school -houses connected with, 17. 
 
 saving clause as to district parochial churches, 39. 
 
 malicious injury to (38 & 39 Vic, c. 1 1), 76, 78. 
 
 right to vault, or place of burial within any, 17. 
 
 movable chattels belonging to any, 20. 
 
 CHURCH OF ENGLAND ; 
 
 legislative union of, with Church of Ireland dissolved, 1. 
 
 in enactments to be read distributively with Church of Ireland, 39. 
 
 CHURCH OF IRELAND : 
 
 legislative union of, with Church of England dissolved, 1. 
 
 report of Legal Committee of Representative Church Body as to 
 
 title of, 2. 
 synods may be held by bishops, clergy, and laity of, 12. 
 alteration in articles, &c. of, 12. 
 power to appoint Representative Body of, 13. 
 in enactments to be read distributively with Church of England, 39. 
 
 CLAIMANT: 
 
 costs and expenses of, 3. 
 
 CLERGY: 
 
 power of in synod or convention, 12, 13. 
 
 CLERKS (Parish) : 
 annuity of, 9, 166. 
 
 commutation of annuity of, 10, 43, 177. 
 legal position of, 9. 
 emoluments of, 10. 
 payment of annuity of, 1 0. 
 
 COLLEGE OF GENERAL ASSEMBLY : 
 compensation to, 29. 
 incidental expenses of, 29. 
 buildings of, 29. 
 
250 INDEX. 
 
 COLLEGES, &c. 
 
 may be vested in trustees (Church of Ireland), 76. 
 
 (Presbyterian Church), 59. 
 
 power to hold land for (Church of Ireland), 77. 
 
 (Presbyterian Church), 59. 
 
 power to sell surplus lands of (Church of Ireland), 77. 
 (Presbyterian Church), 60. 
 
 COMMISSIONERS OP CHURCH TEMPORALITIES IN 
 IRELAND : 
 
 general rules of, 159. 
 
 appointment of, and tenure of office, 2. 
 
 appointment of officers of, 3. 
 
 constitution and powers of, 2, 3, 4. 
 
 incidental expenses of, 3. 
 
 mode of enforcing orders of, 4. 
 
 incorporation of, 2. 
 
 orders, &c, purporting to be sealed with seal of, to be evidence, 2. 
 
 procedure in case of hearings before, 3. 
 
 to circulate forms of application, and make general rules, 4, 157. 
 
 duration of office of, 5. 
 
 may not sit in the House of Commons, 5. 
 
 reduction of number of, 2. 
 
 may raise money, 36. 
 
 COMMISSIONERS OF H. M. TREASURY (Irish Church Act) : 
 
 to approve of salaries and expenses, 3. 
 
 compensation to officers of Ecclesiastical Commis- 
 sioners, 30. 
 
 forms of accounts, 26. 
 
 consent of, necessary for raising money, 36. 
 
 COMMISSIONERS OF PUBLIC WORKS IN IRELAND : 
 
 ruinous churches may be vested as national monuments in secretary 
 
 of, 16. 
 list of structures vested in, 16. 
 release of Maynooth debt to, 30. 
 to appoint umpire in cases of arbitration, 37- 
 procedure of, for obtaining loans in respect of glebes, 63. 
 
 COMMITTEE : 
 
 of estate may act for person under disability, 35. 
 
 COMMUTATION : 
 
 age of annuitants for purposes of, 14. 
 
 compensation for duty labour to incumbents in, 1 1 0. 
 
 curates entitled to bonus on, 15. 
 
 diocese or united diocese for purposes of, 15. 
 
 exclusion by incumbents of land in occupation from, 39. 
 
 monumental fees not allowed in estimating, 108. 
 
 of life interests of non-annuitants, 14. 
 
 mode of estimating value of life interest, 14. 
 
 of annuities and life interests of archbishops, bishops, incumbents, 
 
 &c, 14. 
 — — of curates, 14. 
 
INDEX. 251 
 
 COMMUTATION— continued: 
 
 of annuities and life interest of diocesan schoolmasters, 9. 
 
 . , of clerks, and sextons, 9. 
 
 , of nonconformist ministers, and assistant successors, 28. 
 
 of vicars-general, registrars, &c, 43. 
 
 resolutions of Representative Body as to, 173. 
 
 tables for calculation of, 164, 176, 177. 
 
 statement of reasons of Representative Body for recommending, 178. 
 
 voluntary contributions not allowed in estimating, 109. 
 
 COMMUTATION MONEY : 
 
 to be calculated at 3 J per cent., 34. 
 tables for estimating, 164, 176, 177. 
 
 COMPENSATION: 
 
 to ecclesiastical persons, 7. 
 
 to curates, 8. 
 
 to diocesan schoolmasters, 9. 
 
 to clerks, sextons, &c, 9. 
 
 to organists, 9. 
 
 to vicars-general and diocesan registrars, &c, 31. 
 
 to Ecclesiastical Commissioners and their officers, 30.' 
 
 to nonconformist ministers, 27, 28. 
 
 for sums granted by Parliament, 9, 28, 29. 
 
 for loss of patronage to advowsons, 11. 
 
 COMPOSITION : 
 
 resolutions of Representative Body as to, 173. 
 
 tables, 176, 177. 
 
 of annuities of church officers, 177. 
 
 CONVENTIONS : 
 
 repeal of laws against holding, 12. 
 
 CONVEYANCES (and Mortgages) : 
 
 expenses of, 199. 
 forms of, 206. 
 stamp duties on, 199. 
 
 CONTEMPT OF COURT : 
 punishing persons guilty of, 4. 
 
 COSTS (of Claimant) : 
 
 allowed in certain cases, 3. 
 
 taxed on Chancery scale, 3. 
 
 of abstract of title of lay patrons, 1 1 . 
 
 of conveyances and mortgages, 199. 
 
 COURT OF CHANCERY : 
 
 Commissioners to have certain powers of, 4. 
 
 general rules to be enrolled in, 4. 
 
 power of, where persons are under disability, 35. 
 
 CURATE: 
 
 annuity of, to be equal to income, 7, 8, 9. 
 definition of term, 41. 
 
252 INDEX. 
 
 I 
 
 CURATE— continued. 
 
 deferred annuity of (re Rey. Thomas Moore), 114. 
 
 leading cases of claims to be permanent, 111. 
 
 leading case of claim of curate as workhouse chaplain (re Rev. 
 
 Thomas Moore), 114. 
 commutation of annuity of , 14. 
 gratuity to temporary, 8. 
 ecclesiastical law binding on, 12. 
 may dissent from alterations in doctrine, 12. 
 of proprietary, or other church, 113. 
 is an ecclesiastical person, 15. 
 
 CURTILAGE : 
 definition of, 19. 
 
 DEAN: 
 
 retains his title and precedence, 6. 
 
 DILAPIDATIONS (deductible from building charges on glebes) : 
 
 deduction for, on payment of building charge after commutation, 15. 
 
 mode of ascertaining amount of, 15. 
 
 ■ amount of, paid to Church Body, 15. 
 
 no deduction from building charge in case of death or resig- 
 nation, 34. 
 
 DIOCESE : 
 
 means united diocese, 15. 
 
 DIOCESAN ARCHITECTS: 
 
 have no claim for compensation, 10, 144, 
 
 DIOCESAN REGISTRIES : 
 
 compensation to clerks of, 31. 
 
 books, &c, belonging to, 32. 
 
 repeal of Act 27 & 28 Vic, c. 54, 13. 
 
 DIOCESAN SCHOOLMASTERS : 
 
 payments to, to be deducted from annuity of ecclesiastical persons 7 
 annuity of, 9, 1 66. f ' 
 
 commutation of, 9, 43. 
 
 DUTY LABOUR : 
 
 compensation for, 110. 
 
 ECCLESIASTICAL COMMISSIONERS FOR IRELAND : 
 dissolution of, and transfer of property of, 5. 
 powers of, in relation to leases conferred on Commissioners of 
 
 Church Temporalities in Ireland, 6. 
 compensation to, and to their officers, 30. 
 contracts agreed to by, 33. 
 
 ECCLESIASTICAL CORPORATION: 
 (See " Cathedral Corporation.") 
 
INDEX. 
 
 253 
 
 ECCLESIASTICAL LAW : 
 
 to subsist by contract, 12. 
 
 abolition of, except as to matrimonial causes, 1 3. 
 
 new court for matrimonial causes, 13. 
 
 ECCLESIASTICAL PERSONS: 
 definition of term, 40. 
 jurisdiction of, to cease, 13. 
 
 — — except as to charitable trusts, 21. 
 
 compensation to, 7. 
 
 may contract themselves out of Land Act (1870), 77. 
 
 ECCLESIASTICAL RESIDENCE AND MENSAL LANDS : 
 
 to be vested in Representative Church Body, 19. 
 
 statutable price, 19. 
 
 time of payment for, 34. 
 
 building charge may be a lien on, in certain cases, 19. 
 
 movable chattels incident to, 20. 
 
 in actual occupation, may be excluded from commutation, 39. 
 
 commutation of life interest in, 24. 
 
 (See " Glebe House.") 
 
 ECCLESIASTICAL TAX: 
 
 right to levy — decision in re Rev. W. S. King, 98. 
 in re the Lord Primate, 84. 
 
 ENDOWMENTS : 
 
 {See " Private Endowments.") 
 
 EVIDENCE : 
 
 seal of Commissioners of Church Temporalities in Ireland to be taken 
 
 judicial notice of in, 2. 
 punishment of persons refusing to give, 4. 
 
 FEE-SIMPLE (of land): 
 
 limitation of right to purchase, 22. 
 
 sale of perpetual yearly rents to owner of, 24, 195. 
 
 sale of, to public, 24. 
 
 to tenant, 24, 197. 
 
 FORMS (under Irish Church Act), 206. 
 
 of application by incumbents, 225-230. 
 
 curates, 230, 231. 
 
 , diocesan schoolmasters, 232. 
 
 clerks, sextons, &c, 233, 234. 
 
 lay patron, 235. 
 
 nonconformist ministers, 235. 
 
 vicars-general, registrars, &c, 236, 237. 
 
 ecclesiastical persons for rights of succession to 
 
 benefices, 237. 
 
 for payment of Building charge, 237. 
 
 _^ for the purchase of tithe rent-charge, 240-242. 
 
 for surrender of lease of tithe rent-charge, 238. 
 
 of conveyance of perpetuity rent, 210. 
 . yearly tenures, 211, 
 
254 index. 
 
 FORMS (under Irish Church Act) — continued. 
 
 of declaration, general, 223. 
 
 . by next of kin, 238. 
 
 of memorial for registration of mortgages, 218. 
 of mortgage (simple) "of perpetuity rent, 211. 
 ■ yearly tenures, 216. 
 
 . (instalment) of perpetuity rent, 213. 
 . yearly tenures, 217. 
 
 of notice of conditional order made by. one Commissioner, 224. 
 
 ■I. appeal to Commissioners, 224. 
 
 day of hearing of appeal, 224. 
 
 of order vesting burial grounds in poor law guardians, 219. 
 
 rented, glebes in Representative Church Body, 220. 
 
 ecclesiastical residence, 219. 
 
 additional land, 220. 
 
 . merging tithe rent-charge, 221. 
 
 of perpetuity grant, 206. 
 
 of offer of pre-emption, 243, 244. 
 
 of acceptance of offer of pre-emption, 243, 244. 
 
 GENERAL ASSEMBLY: 
 
 Acts of (34 Vic, c. 24), 63. 
 
 trustees to ba appointed by (Irish Church Act), 28. 
 
 "GENERAL CONVENTION:" 
 meeting of, 13. 
 
 GENERAL RULES (under Irish Church Act) : 
 
 power to make, 4. 
 text of, 159. 
 
 GLEBE (or manse) : 
 
 definition of (Glebe Loan Act), 66. 
 
 . (Glebe Lands Act), 71. 
 
 procedure for obtaining loans, 63. 
 
 quantity of land to be held as (Irish Church Act), 20. 
 
 (38 & 39 Vic, c. 42), 76. 
 
 (34 Vic, c. 24), 54. 
 
 (38 & 39 Vic, c. 11), 71. 
 
 (18 & 19 Vic, c. 39), 72. 
 
 GLEBE HOUSE : 
 
 meaning of, 40. 
 
 statutable price of, 19. 
 
 rules of Church Body as to, 180. 
 
 GLEBE STATUTES: 
 
 text of Glebe Lands (Ireland) Acts, 71. 
 ——^— — Loan (Ireland) Acts, 63. 
 
 ^— ^— Leasing Powers Act (1855), 72. 
 
 Presbyterian Church Act (s. 14), 59. 
 
 Representative Church Body Act, 76. 
 
 GORE'S FUND : 
 decision as to, 88. 
 
INDEX. 
 
 255 
 
 GRATUITIES : 
 
 to temporary curates, 8, 120. 
 
 to church officers, 10. 
 
 to clerks of diocesan registries, 3 1 . 
 
 GUARDIAN : 
 
 may act for idiots, infants, &c, 35, 74. 
 
 may be appointed by Court of Chancery, 35, 74. 
 
 (See "Poor Law Guabdians.") 
 
 HOUSE OF LORDS: 
 
 cessation of right of archbishops and bishops to sit in, 6. 
 
 IDIOTS: 
 
 (See " Guabdian.") 
 
 INCOME TAX: 
 
 scale for deduction of, from terminable annuities, 48. 
 
 INCUMBENCY : 
 
 definition of (re Rev. W. S. King), 98. 
 
 INCUMBENT: 
 
 amount of rent-charge to be allowed in annuity of (in-re Rev. W. 
 
 S. King), 98. 
 annuity of, augmentations from congregations not allowed, 109. 
 burial fees allowed in certain cases to, 105. 
 increase in corn averages not allowed to, 104. 
 marriage fees allowed in certain cases to, 105. 
 monumental fees not compensated for, 108. 
 stipends of perpetual curates a legal outgoing of, 105. 
 compensation for tenants' duty labour allowed to, 110. 
 voluntary sources of income not allowed to (in re Rev. J. B. Kane), 
 
 110. 
 workhouse chaplaincies disallowed to, 109. 
 cannot dismiss curate (Evans ». Verschoyle), 113. 
 claiming as curate of a sinecure parish (in re Rev. ThomasTwijrg), 116. 
 deduction of curate's salary from annuity of (inre Rev. W. S. King), 98. 
 
 ecclesiastical tax „ „ 98. 
 
 poor rates ,, „ 98. 
 
 , visitation fees „ ,, 98. 
 
 payment of bonus to, 15. 
 
 compensation for renewal fines, 15. 
 
 leading cases reported as to, 98-1 10. 
 
 to have curate's salary added to his annuity, 7. 
 
 to consent to commutation of curate's annuity, 8. 
 
 to consent to change of curate's duties, 8._ 
 
 on commutation building charge to be paid to, 15. 
 
 life enjoyment of movable chattels^ in churches preserved to, 21. 
 
 forms of application by, 225. 
 
 modes of ascertaining annuity of, 7. 
 
 INCUMBRANCERS: 
 
 to consent to commutation, 14. 
 
 payments to, may be deducted from annuities, 34. 
 
256 INDEX. 
 
 INFANT: 
 
 (See" Guardian.") 
 
 INTERPRETATION OF TERMS : 
 in Irish Church Acts, 40, 42. 
 in Glebe Loan Acts, 66, 68. 
 in Glebe Lands Acts, 71, 72, 77. 
 in Parochial Records Act, 80. 
 
 JURISDICTION : 
 
 definition of term, 41. 
 
 coercive, abolished, 12. 
 
 of ecclesiastical courts and persons to cease, 13. 
 
 of judges of assize in case of malicious injury to churches, 77, 78. 
 
 LAND: 
 
 additional may be vested in Church Body, 19. 
 
 purchased by Church Body (38 & 39Vic, c. 42), 76. 
 
 sale of, by Commissioners, 24. 
 
 in Landed Estates Court, 34. 
 
 in actual occupation, may be excluded from commutation, 39. 
 corporeal hereditaments, 6. 
 
 LANDED ESTATES COURT: 
 sale of lands, &c, in, 34. 
 
 LAY CORPORATIONS : 
 
 continuance of ecclesiastical persons as members of, 21. 
 
 LAY PATRONS: 
 
 compensation to, for advowsons, 1 1. 
 leading cases as to, 121. 
 
 LEASE (32 & 33 Vic, c. 42) : 
 definition of term, 40. 
 
 property to vest in Commissioners, subject to, 5. 
 tenant's right of renewal, &c, of, 6. 
 leading case as to, (re John Leslie), 92. 
 sale of lands held by, 24. 
 of mensal lands held invalid, 96, 97. 
 of tithe rent-charge, purchase of, 24, 46. 
 
 LEASING POWERS ACT (1855), [18 & 19 Vic, c. 39] : 
 text of, 72. 
 provisions of, extended to disestablished Church of Ireland (38 & 39 
 
 Vic, c. 11), 71. v 
 
 interpretation of terms, 72. 
 persons who may make leases under, 73. 
 
 guardians of persons under disability may make leases under, 74. 
 purposes and periods for which leases may be made under 74. 
 provisions as to leases made previous to, 74. 
 rent reserved in lease to be best improved rent, 74. 
 conditions of leases to be specified, 74, 75. 
 
 reserved rent and covenants of lease to enure to proper owner 75. 
 lease to be by indenture, 75. 
 
 binding on lessor, his heirs, and successors, 75. 
 
 — — not to be affected by informality in proceedings 75. 
 
INDEX. 
 
 257 
 
 LESSEE: 
 
 term to include Kepresentative Church Body (38 & 39 Vio. , c. 11,71.) 
 
 LIFE INTEREST (of ecclesiastical persons) : 
 
 (See " Archbishop," " Benefice," " Incumbent," &c.) 
 
 "LIMITED OWNER:" 
 
 meaning of, 25. 
 
 power of, to raise money, 25. 
 
 power of, to demise lands for glebes (18 & 19 Vic, c. 39), 72. 
 
 , (38 & 39 Vic, c. 1 1), 71. 
 
 LUNATIC : 
 
 committee to act for, 35, 74. 
 
 Court of Chancery may appoint guardian of, 35, 74. 
 
 MALICIOUS INJURY TO CHURCHES: 
 
 compensation may be recovered by Representative Church Body for 
 
 76, 77. 
 powers of judges of assize in case of, 78, 79. 
 
 MARRIAGE FEES : 
 
 decision as to (re Archdeacon of Dublin and others), 105. 
 
 MASTER OF THE ROLLS : 
 
 is a member of Court of Appeal under Irish Church Acts, 42. 
 warrant of appointment of, 168. 
 powers of as to parochial records, 80. 
 
 MATRIMONIAL: 
 
 jurisdiction to cease, 13. 
 new court established, 13. 
 
 MAYNOOTH COLLEGE : 
 
 Acts repealed, 28. 
 compensation to trustees of, 29. 
 retiring allowance to president, &c. of, 30. 
 remission of debt to trustees of, 30. 
 
 MINES : 
 
 sale of rights in, and price, 24. 
 
 MINISTERS (Nonconformist) : 
 
 compensation to, 27. 
 
 . assistant successors of, 27. 
 
 annuities of, may be commuted, 28. 
 
 bonus payable if three-fourths of the whole commute, 15 
 
 compensation for fund for widows and orphans of, 28. 
 
 sums paid by, to widows' fund, 29. 
 
 leading cases as to, 132. 
 
 MODERATOR (of General Assembly) : 
 
 trustees to be appointed under Irish Church Act, 28 
 functions of (under 34 Vic, c 24), 54. 
 
258 INDEX. 
 
 MORTGAGE : 
 
 may be accepted as security by Commissioners, 34, 47, 190, 198. 
 
 NATIONAL MONUMENTS: 
 
 list of ecclesiastical structures to be preserved as, 16. 
 
 NOTICE: 
 
 (See " Fobm.") 
 
 to owner of land, 25. 
 
 form of, 243. 
 
 ORGANISTS : 
 
 (See " Gleris and Sextons.") 
 
 OWNER OF LAND: 
 
 sale of tithe rent-charge to, 23, 45. 
 
 meaning of term, 23, 25, 46. 
 
 sale of lands, &c. to, 25. 
 
 form of notice to, 243. 
 
 to accept the offer to purchase within three months, 25. 
 
 term to include a " limited owner," 25. 
 
 PARLIAMENT : 
 
 proceeds of church property to be applied by, 1. 
 
 union created by Act of, dissolved, 1. 
 
 Act of, prohibiting synods, &c, repealed, 12. 
 
 PAROCHIAL RECORDS: 
 
 statute providing for custody of, 80. 
 
 powers of Master of the Rolls respecting, 80-82. 
 
 PATRONS : 
 
 (See "Lay Patrons.") 
 
 PATRONAGE : 
 
 of archbishops, &c, 5. 
 
 of proprietary and other churches, 39. 
 
 PERMANENT CURATE : 
 (See " Cobate.") 
 
 PERPETUITIES : 
 
 purchase of, 22, 185. 
 
 mode of calculating purchase-money of, 163, 185 
 
 PERPETUITY RENTS : 
 
 sale of, 195. 
 
 not to be sold without notice to owner, 24 
 
 price at which owner may buy, 24. 
 
 PEW RENTS : 
 
 cannot be commuted, 14. 
 
 POOR LAW GUARDIANS : 
 
 burial grounds may be vested in, 17, 18. 
 functions of, in respect of burial grounds, 18. 
 
C"" 1 
 index. 259 
 
 POOR RATES : 
 
 deduction of, in declaring annuities in re Rev. W. S. King, 98. 
 
 PREBENDARIES OF CHRIST CHURCH: 
 compensation to, for rights of succession, 32. 
 
 PRESBYTERIAN CHURCH (IRELAND) ACT, 1871 : 
 
 text of, 54. 
 
 names of trustees of Eresbyterian Church, 56. 
 
 commutation money to be Tested in trustees, 56. 
 
 — ^— application of, and trusts of, 57. 
 
 sustentation fund 57. 
 
 purchase of annuities for ministers, 57. 
 receipt of minister a discharge to trustees, 58. 
 provision as to bequests and endowments, 58. 
 
 for incorporation of trustees, 59. 
 
 powers of .trustees in purchasing lands, buildings, &c, for manses, 
 
 colleges, &c, 59. 
 regulations as to other proceedings, 60, 61, 62, 63. 
 acts of General Assembly, 61-63. 
 
 PRIVATE DONOR: 
 
 burial ground granted by, 17. 
 
 PRIVATE ENDOWMENTS : 
 
 compensation in respect of, 20. 
 leading cases as to, 84-92. 
 
 PROCEDURE (under Irish Church Acts) : 
 appeals to one Commissioner, 3. 
 
 three Commissioners, 3. 
 arbitration, 3. 
 
 costs of appellants, 3. 
 
 mode of investigating claims, 3. 
 
 , taxing bills of costs, 3. 
 
 travelling expenses of claimants, 3. 
 
 (under Miscellaneous Acts.~) 
 under Lands Clauses Consolidation Acts, 49. 
 
 Railway Clauses Consolidation Acts, 52. 
 
 Presbyterian Church Act, 54. 
 
 Glebe Loan Acts (1870 to 1875), 63-70. 
 
 Glebe Lands Acts (leasing powers), 71-75. 
 
 (malicious injury to churches), 76-79^ 
 
 Parochial Records Act (1875), 80-82. 
 
 PROCEEDINGS OF CHURCH BODY : 
 
 charter regulating, 169. 
 
 rules of, as to burial grounds, 183. 
 
 commutation, 173. 
 
 _ glebes, 180. 
 
 PROPERTY: 
 
 definition of term, 41. 
 
 belonging to Ecclesiastical Commissioners, 5. 
 ecclesiastical law in relation to, may be enforced in the temporal 
 courts, 12, 13. 
 
260 INDEX. 
 
 PROPERTY— continued .- 
 
 life interest in ecclesiastical, may be commuted, 13. 
 
 on commutation, to vest in Commissioners, 14. 
 
 given by private persons out of their own resources, 20. 
 
 vested in corporations in trust for the poor, &c, 21. 
 
 sale of, by Commissioners, 24-34. 
 
 vesting of, under Irish Church Act, subject to claims, 5. 
 
 records, &c, relating to, 32. 
 
 may be sold by Commissioners in Landed Estates Court, 34. 
 
 appropriation of proceeds of, 39. 
 
 in proprietary and other churches not affected, 39. 
 
 in ecclesiastical tax (in re The Lord Primate), 5, 84. 
 
 PROPRIETARY CHURCH : 
 
 saving rights as to, 39. : „ 
 
 PUBLIC RECORD OFFICE : 
 books, &c, to be lodged in, 32. 
 
 PUBLIC WORKS : 
 
 (See " (Commissioners op Public Wokks. ") 
 
 PURCHASE : 
 
 limitation of right to (under 3 & 4 Wm. IV. c. 37), 22. 
 
 of tithe rent-charge, by owner of land, 23. 45. 
 
 of surrender, or assigment of lease of tithe rent-charge, 24, 46. 
 
 of glebe houses by Church Body, 19, 76. 
 
 PURCHASE-MONEY : 
 
 of glebe deferred, 19. 
 
 of tithe rent-charge payable by instalments, 23, 45. 
 
 may be paid into bank, where a discharge cannot be given, 36. 
 
 mortgages may be accepted as security for, 34. 
 
 PURCHASER (of glebe land) : 
 
 may be credited with a portion of purchase-money, 34. 
 
 QUARRIES : 
 
 notice of sale of rights to, to be given to owner, 24. 
 price of rights to, 24. 
 
 RECORDS : 
 
 to be delivered to Commissioners (32 & 33 Vic. c. 42), 32. 
 
 to be deposited in Public Record Office, 32. 
 
 statute relating to parochial records, 80. 
 
 may be inspected by the public (Irish Church Act), 32. 
 
 connected with charitable bequests, 21. 
 
 REGISTRAR : 
 
 of diocese, compensation to, 31, 
 
 of cathedral corporation, compensation to, 31. 
 
 deputy, compensation to, 31. 
 
 to deliver up books, &c, to Commissioners, 32. 
 
 leading cases as to, 144. 
 
INDEX. 
 
 KEGIUM DONUM: 
 
 discontinuance of parliamentary grant for, 28. 
 
 BENE WAL (of lease): 
 tenant's right of, 22, 
 leading case as to, 92. 
 
 REPAIRS : 
 
 of burial grounds by poor-law guardians, 18. 
 
 of glebe house, by Representative Church Body, 43. 
 
 REPORTS : 
 
 of leading cases under Irish Church Acts, 83. 
 
 REPRESENTATIVE CHURCH BODY : 
 
 constitution of, 13. 
 
 consent of, to payment of annuities, 7, 8, 9. 
 
 I. to change of duties, 7, 8, 9. 
 
 — — . to commutation, 8, 10, 14. 
 
 payment to, of commutation moneys, 8, 9, 10, 43. 
 
 in respect of dilapidations, 43. 
 
 charter of, incorporation of, 1 69. 
 
 churches to be vested in, 1 6. 
 
 schoolhouse to be vested with church, 17. 
 
 burial grounds to pass to, 17. 
 
 right of way reserved to, 1 7. 
 
 to apply for ecclesiastical residences, 19. 
 
 powers of, in Glebe Lands Act, 1875, 76. 
 
 may recover compensation for malicious injury to churches, 77-79. 
 
 payment for ecclesiastical residences by, 1 9, 34. 
 
 additional land may be vested in, 19, 20. 
 
 payment to, in lieu of private endowments, 20. 
 
 resolutions of, as to commuting and compounding, 173. 
 
 reasons of, recommending commutation, 178. 
 
 rules of, as to glebes and burial grounds, 180, 183. 
 
 RIGHT OF PRESENTATION : 
 
 compensation for loss of advowsons, 11, 121. 
 to proprietary and other churches saved, 39. 
 
 ROMAN CATHOLICS : 
 
 may claim compensation for advowsons, 11. 
 
 RULES : 
 
 under Irish Church Act, 4, 1 59. 
 
 of Representative Church Body, 173, 178, 180, 183. 
 
 SALES (under Irish Church Act) : 
 
 of tithe rent-charge, 23, 45. 
 of property vested in Commissioners, 24, 25. 
 in Landed Estates Court, 35. 
 instructions as to, 191, 195, 197. 
 
 SCHOOLHOUSE: 
 
 to be vested with church, 17. 
 
 261 
 
262 INDEX. 
 
 SEPULTURE (rights of) : ' 
 
 in churches, 17, 183. 
 
 in burial grounds, 18, 183. 
 
 SEXTON": 
 
 (See " Clerk.") 
 
 STAMP DUTY: 
 
 on order operating as conveyance, 26, 46. 
 on mortgages and conveyances, 199. 
 
 STATUTES : 
 
 (See " Acts of Parliament.") 
 
 SURPLICE FEES: 
 
 when allowed in annuities (in re Archdeacon of Dublin andothers),l 05. 
 
 SURPLUS OF IRISH CHURCH: 
 provision as to, 39. 
 
 SYNODS: 
 
 repeal of laws prohibiting holding of, 1 2. 
 
 TABLE: 
 
 of composition value of annuities of church officers, 177. 
 
 r ecclesiastical persons, 176. 
 
 of commutation of life interest, 164. 
 
 for calculation of purchase-money of tithe rent-charge, 193, 194. 
 
 of stamp duties, 199. 
 
 for calculation of half-yearly instalments to redeem mortgages, 
 
 200-206. 
 for computation of terminable annuities, 194-200-205. 
 for redemption of terminable annuities, 195-206. 
 
 TEMPORARY CURATES: 
 
 gratuities to, 8. 
 leading cases as to, 120. 
 
 TEMPORARY PROVISIONS: 
 of Irish Church Act, 37. 
 
 TENANTS (of Church Lands) : 
 
 to archbishop or bishop whose interest has determined, 6. 
 
 may refer to arbitration, 6. 
 
 cannot apply for purchase of perpetuity after January 1, 1874, 22. 
 
 mode of calculating value of perpetuity, 186. 
 
 to receive offer of Sale of lands, 24. 
 
 THEOLOGICAL PROFESSORS:, 
 
 of college of general assembly, 28, 29, 30. 
 
 of non-subsoribing associations of Presbyterians, 28, 29, 30. 
 
INDEX. 
 
 TITHE RENT-CHARGE: 
 
 Tested in Commissioners, 8. 
 sale of, to owners of land, 23, 45, 191. 
 right of recovering arrears of, 44. 
 assignment, or surrender of lease of, 24, 46. 
 expenses of merging orders of, 23. 
 
 TITLE (" Church of Ireland "): 
 
 decision of Church Body as to right to, 2. 
 abstract of, required from lay patrons, 11. 
 
 TREES (on mensal lands) : 
 regulations as to, 20. 
 
 UNION (act of) : 
 
 not to be affected by Irish Church Act, 40. 
 
 VAULT: 
 
 rights of sepulture, 17, 184. 
 
 VICAR-GENERAL: 
 
 compensation to, 31. 
 abolition of jurisdiction of, 13. 
 
 VISITATION FEES: 
 
 not deducted from annuities (in re Rev. W. S. King), 98. 
 
 WAT (right of): 
 
 to burial ground vested in Board of Guardians, 17. 
 WIDOWS' FUND : 
 
 of nonconformist bodies, 28. 
 
 WITNESSES: 
 
 attendance of, enforced, 4. 
 commission for examination of, 4. 
 punishment of, 4. 
 
 WORK (Glebe Loan Acts) : 
 definition of term, 66, 68 
 
 263 
 
Dublin: Printed by Alexander Thom, 87 & 88, Abbey-street, 
 Printer to the Queen's Most Excellent Majesty. 
 
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