Clause. Surplus. 67. Ultimate trust of surplus. Saving Clauses. 68. Provision as to Acts relating to United Church of England and Ireland. 69. Saving rights as to proprietary chapels and chapels of ease. 70. Saving of Act of 39 & 40 G. 3. c. 67. 71. Interpretation. Construction of Act. A BILL [AS AMENDED IN COMMITTEE AND ON ΤΟ Put an end to the Establishment of the Church of Ireland, and A.D. 1869. to make Provision in respect of the Temporalities thereof, and in respect of the Royal College of Maynooth. W HEREAS it is expedient that the union created by Act of Preamble. as by law established, should be dissolved, and that the Church of Ireland, as so separated, should cease to be established by law, 5 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 held and applied for the advantage of the Irish people, but not for the maintenance of any 10 church or clergy or other ministry, nor for the teaching of religion : And it is further expedient that the said property, or the proceeds thereof, should be appropriated mainly to the relief of unavoidable calamity and suffering, yet so as not to cancel or impair the obligations now attached to property under the Acts for the relief of the 15 poor: 20 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 preferments, 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. 25 Act, 1869." union bo 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- of legislative ment between the Churches of England and Ireland shall be tween A 3 [Bill 123.] Churches of A.D. 1869. dissolved, and the said Church of Ireland, herein-after referred to as England and "the said church" shall cease to be established by law. Ireland. Appoint ment of commis sioners. Quorum of commissioners. Appointment of officers. Salaries and expenses. Constitution and Powers of Commissioners. 3. The following persons, that is to say, Viscount Monck, Right Honourable James Anthony Lawson, one of the justices of 5 the Court of Common Pleas in Ireland, and George Alexander Hamilton, esquire, shall be constituted commissioners 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, resignation, or incapacity, or otherwise, Her Majesty may, by warrant 10 under the royal sign manual, appoint some other fit person 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 instrument purporting to be sealed therewith shall be received as evidence without further proof. 15 4. Any power or act by this Act vested in or authorized to be 20 done by the commissioners may be exercised or done by any one of them, with this qualification, that any person aggrieved by any order of one commissioner may require his case to be heard by two commissioners at least. 5. The said commissioners, herein-after referred to as "the com- 25 missioners," may from time to time, with the consent of the Lord Lieutenant, appoint and remove a secretary, and such agents, clerks, messengers, and officers as they deem necessary for the purposes of this Act. They may also employ such architects, actuaries, surveyors, 30 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 of any monies for the time being in their hands in pursuance of this Act: 35 (1.) To every commissioner appointed in pursuance of this Act a salary of not exceeding two thousand pounds a year: (2.) To the secretary, agents, clerks, messengers, and officers appointed, such salaries as the commissioners may recommend, with the sanction of the Lord Lieutenant and as the Commissioners of Her Majesty's Treasury may approve : 40 5 (3.) To any architect, actuary, surveyor, or other person as A.D. 1869. tion, on a scale to be approved by the Commissioners of (4.) All incidental expenses of carrying this Act into execution. sioners. 7. Subject to such appeal as is herein-after mentioned, the com- Powers of missioners shall have full power to decide all questions whatsoever, commiswhether of law or fact, which they may deem it expedient or necessary to decide for the purposes of this Act, and they shall not be subject 10 to be restrained in the 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. 15 20 The commissioners with respect to the following matters, that is to say, (1.) Enforcing the attendance of witnesses, after a tender of their (2.) Issuing any commission for the examination of witnesses: (4.) Making or enforcing any order whatever made by them for the purpose of carrying into effect the objects of this Act, shall have all such powers, rights, and privileges as are vested 25 in the High Court of Chancery in Ireland for such or the like purposes, 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 afore30 said, and as herein-after provided, every order or decision of the said commissioners shall be final. 35 40 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. Such general rules shall be enrolled in the High Court of Chancery in Ireland within one month after the making of the same. Forms of application, and general rules. A.D. 1869. Duration of office, and restriction on sitting in Parliament. Prohibition pointments. All general rules made and enrolled as aforesaid shall be laid before both Houses of Parliament within one month from the cnrolment thercof, if Parliament be then sitting, or, if Parliament be not then sitting, within one month from the commencement of the then next session of Parliament. 5 9. No commissioner and no person appointed to any office by the commissioners shall hold his office for a longer period than ten years next after the passing of this Act, and thenceforth until 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 10 elected to or sitting as a member of the House of Commons. Transfer of Property and Dissolution of Ecclesiastical 10. Save as herein-after mentioned, no person shall, after the of future ap- passing of this Act, be appointed by Her Majesty or any other 15 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. Property of Ecclesiastical Commissioners vested in commissioners under Act. Church property vested in commis Act. 11. From and after the passing of this Act all property, real and personal, at the date of such passing vested in or belonging to the 20 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. 25 12. On the first of January one thousand eight hundred and seventy-onę, save as herein-after provided, all property, real and sioners under personal, belonging or in anywise appertaining to or appropriated to the use of any archbishopric, bishopric, benefice, or cathedral preferment in or connected with the said Church, or belonging or 30 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 defined by this Act, shall vest in the commissioners, subject as 35 herein-after mentioned; that is to say, (1.) In case of all such property, subject to any quitrents, head rents, leases, and other tenancies, charges, and incumbrances affecting the same: (2.) In the case of any houses, buildings, farms, lands, churches, burial grounds, or other corporeal hereditaments to which, 40 |