carried out, in the Landed Estates Court in Ireland, it shall be A.D. 1869. lawful for the commissioners so to declare by order, and to Estates direct that such sale shall be effected or carried out by the said Court. court, and thereupon such sale shall be effected or carried out 5 in and by the said court accordingly; 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 executed 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 10 absolute order for sale of the said premises had been duly made by the said court on a petition filed therein for that purpose. claim of arrears of 53. The vesting of any property in the commissioners under this Saving Act shall not preclude any person entitled from recovering any arrears of rent, interest, or other sums payable at the time of such rent, &c. 15 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 20 vesting in the commissioners under this Act, the commissioners, 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 25 sums, and the time of the vesting of the property in the commissioners. persons 54. Where any person who (if not under disability) might have Provision made any application, given any consent, done any act, or been for other party to any proceeding under this Act, is an infant, idiot, or lunatic, under disthe guardian or committee of the estate respectively of such person ability. 30 may make such applications, give such consents, do such acts, and be party to such proceedings, as such person respectively, 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 35 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 40 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 A.D. 1869. guardian; and where the court sees fit it may appoint a person to act as the next friend of a married woman for the purpose of any proceeding under this Act, and from time to time remove or change such next friend. Provision as to incapacitated owners. Power for officers of commissioners to enter upon land. Rules as to arbitration. Regulation as to vacancies. 55. If in any case any such advowson or building charge as is 5 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 if the person or any of the persons claiming to be entitled thereto do not deduce his or their title to the satisfac- 10 tion of the commissioners, or if any doubt or other difficulty whatsoever arise in relation to the premises, it shall be lawful for the commissioners so to declare by order, and thereupon the compensation or amount so payable by the commissioners shall be paid into the Bank of Ireland, ex parte the commissioners, to be dealt with 15 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; and in the construction of that Act this Act shall for the purposes of this section be deemed to be the special Act. 20 56. Any surveyor or other person employed by the commissioners 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 25 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 commissioners for the purpose of carrying this Act into effect. 57. Arbitrations under this Act shall be conducted in manner directed by "The Railway Clauses Consolidation Act, 1845," and for this purpose the clauses of the said Act 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 35 is thereby authorized to appoint an umpire, the Commissioners of Public Works in Ireland shall have power to appoint the same. 58. If any vacancy occur in any archbishopric, bishopric, benefice, or cathedral preferment in or connected with the said Church between the date of the passing of this Act and the first 40 5 10 15 20 25 30 35 40 day of January one thousand eight hundred and seventy-one, A.D. 1869. (1.) All property, real and personal, belonging or in anywise (2.) Her Majesty may in the case of a vacant archbishopric, on (3.) In the case of any vacant benefice or cathedral prefer- (4.) Every person appointed to fill any vacancy in pursuance (5.) The commissioners may pay to any person appointed to fill A.D. 1869. Ultimate trust of surplus. Provision relating to Saving rights as to proprietary Surplus. 59. When it appears to the commissioners that they have fulfilled all the directions contained in this Act, and that the objects of this Act have been fully attained, or that adequate provisions have been made for effectuating the same, the commissioners shall 5 so report to Her Majesty, and thereupon it shall be lawful for Her Majesty, by order in council, to direct that, subject to all subsisting charges upon the ecclesiastical property then vested in commissioners, whether such charges may exist previously to the passing of this Act, or may be created under any of the provisions 10 of this Act, such property shall be applied, under the management and control of the Poor Law Commissioners for Ireland, to the following purposes, or any of them; that is to say, (1.) The support of infirmaries, hospitals, and lunatic asylums, in exoneration of the grand jury cess, or other assessment in 15 lieu thereof. (2.) The support of reformatory and industrial schools under the Reformatory and Industrial Schools (Ireland) Acts, in aid of other grants for that purpose. (3.) The salaries of trained or skilled nurses for poor persons in 20 sickness or in labour. (4.) The suitable education and maintenance of the blind, and of the deaf and dumb poor in separate asylums. (5.) The suitable care, training, and maintenance, in separate asylums, of poor persons of weak intellect not requiring to 25 be kept under restraint. The commissioners may from time to time during their trust report to Her Majesty whether there is any income available for the purposes mentioned in this section, and upon such report being made, it shall be lawful for Her Majesty by order in council to 30 direct such available portion of income to be applied for the aforesaid purposes, or any of them, under such management and control as aforesaid. Saving Clauses. 60. In all enactments, deeds, and other documents in which 35 mention is made of the United Church of England and Ireland, the enactments and provisions relating thereto shall be read distributively in respect of the Church of England and the Church of Ireland, but as to the last-mentioned Church, subject to the provisions of this Act. 61. Nothing in this Act contained shall affect the patronage or right of presentation to any proprietary church or endowed chapel 40 5 of ease, or affect the property in any such church or chapel, or the A.D. 1869. property held for the purposes of or appropriated to the use of the same, or affect the continuance of the trust relating thereto as chapels of originally constituted. chapels and ease. 39 & 40 G. 3. c. 67. 62. Nothing herein contained shall affect the Act of the session Saving of of the thirty-ninth and fortieth years of the reign of King George Act of 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, 10 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. Construction of Act. 63. In the construction and for the purposes of this Act the Interpreta15 following words and expressions shall have the meanings hereby tion. assigned to them respectively, unless there be something in the subject or context repugnant thereto; (that is to say,) 20 25 30 35 40 "Lord Lieutenant" shall mean and include the lords justices or "Lord Lieuother chief governors or governor of Ireland: tenant :" "Lease "shall include an agreement for a lease, or other contract "Lease:" "Ecclesiastical person" shall mean and include any archbishop "Ecclesias- son:" "Church" shall include a public chapel or chapel of ease, also a "Church :" "Benefice" shall mean benefice with cure of souls, and include "Benefice :" house :" "Glebe house" shall mean a house of residence belonging to any "Glebe |