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and twenty pounds per annum in any one case; and provision is made by the said last mentioned act for upholding in repair such places of worship and dwelling houses and appurtenances; be it enacted, that upon applicatlon by the presbytery within which any such place of worship is situated, or by one or more heritors holding together one fourth part of the valuation of the district defined and set apart as the district for the benefit of which such place of worship has been provided, or of her majesty's advocate for Scotland, it shall and may be lawful for the said lords of council and session, acting as aforesaid, to disjoin such district from the parish or parishes to which the same or any part thereof may have belonged or been attached, and to erect the same into a parish quoad sacra; and in every such case the place of worship built or provided as aforesaid may be held and appointed to be the church of such parish, and the dwelling house and appurtenances provided for the minister may be held and appointed to be the dwelling house of the minister of such parish; and the provisions contained in the said two last mentioned acts may be held and taken to be sufficient provisions for upholding in repair such church and dwelling house and appurtenances, and a stipend of one hundred and twenty pounds, payable under the provisions of the said acts, may be held to be sufficicient stipend for the minister of the said parish ; and it shall and may be lawful for the minister and elders of such parish to have and enjoy the status and all the powers, rights, and privileges of a parish minister and elders of the church of Scotland.

XV. And be it enacted, that if in any case in which a place of Charge of worship has been built, and a district has been defined and set apart, church; &c. under the provisions of the said two last recited acts, application to lie on shall be made to the said court to erect such district alone, or such parties liable district with additions thereto, into a new parish quoad omnia, with law of Scotthe requisite consent of heritors, and that the said court shall give effect to such application, it shall and may be competent for the said court to declare and appoint the place of worship already erected in such district to be the church of such new parish, and to appoint and declare the dwelling house already erected for the minister to be the manse of such new parish ; and the commissioners under the said last recited acts shall thereupon cease to hold such place of worship and such dwelling house for the purposes of the said last recited acts; and the provisions contained in the said last recited acts for upholding such place of worship and such dwelling house in repair shall cease and determine, and the burden of upholding the same shall fall on the parties who by the law of Scotland would be bound to uphold the church and manse of the parish, if such church and manse had been appointed to be built for the newly-erected parish; and in fixing the stipend to be paid to the minister of such newly-erected parish, the said court shall compute as stipends the sum paid by authority of the said last recited acts to the minister in such district, which sum shall be continued to be paid to the minister of such newly-erected parish : provided always, that the right of her majesty, er heirs and successors, to nominate and appoint the minister to uch church and district shall remain entire, notwithstanding the rection thereof into a separate parish.

land.

Provisions of 50 G. 3, c. 84, and 5 G. 4,

preSent act.

XVI. And be it enacted, that the provisions of the act passed in

the fiftieth year of the reign of his majesty king George the third, c. 72, not to intituled an act for augmenting parochial stipends in certain cases in parishes Scotland, and the provisions of the act passed in the fifth year of erected un.. the reign of his majesty king George the fourth, intituled an act for

amending and rendering more effectual an act for augmenting porochial stipends in certain cases in Scotland, shall not be extended to any new parishes erected under the provisions of this act, although the stipend or endowment modified or provided for the minister of any such new parish should be less than one hundred and fifty pounds

sterling. Act may be

XVII. And be it enacted, that this act may be amended or this session. repealed by any act to be passed during the present session of

parliament.

amended

SPACE LEFT,

YOR REFERENCE, IF NECESSARY,
TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1844.

DONATIONS AND BEQUESTS BY ROMAN

CATHOLICS

2 & 3 WILLIAM 4, Cap. 115.-An act for the better securing the charitable donations and bequests of his majesty's subjects in Great Britain professing the Roman catholic religion.- Whereas by an act passed in the first year of the reign of king William and queen Mary, 1 W. & M. intituled an act for exempting his majesty's Protestant subjects dissenting c. 18. from the church of England

from the penalties of certain laws, and by certain subsequent statutes, the schools and places for religious worship, education, and charitable purposes of Protestant dissenters are exempted from the operation of certain penal and disabling laws to which they were subject previously to the passing of the said recited act of the first year of the reign of king William and queen Mary: and whereas by certain acts of the parliament of Scotland, and particularly by an act passed in the year one thousand seven hundred, 1700, 6. 3. intituled an act for preventing the growth of popery, various penalties and disabilities were imposed upon persons professing the Roman catholic religion in Scotland : and whereas notwithstanding the provisions of various acts passed for the relief of his majesty's Roman catholic subjects from disabling laws, doubts have been entertained whether it be lawful for his majesty's subjects professing the Roman catholic religion in Scotland to acquire and hold in real estate the property necessary for religious worship, education, and charitable purposes: and whereas it is expedient to remove all doubts respecting the right of his majesty's subjects professing the Roman catholic religion in England and Wales to acquire and hold property necessary for religious worship, education, and charitable purposes : be it therefore enacted by the king'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, that from and after the passing of this act his majesty's Roman casubjects professing the Roman catholic religion, in respect to their tholics to be schools, places for religious worship, education, and charitable pur- same laws as poses, in Great Britain, and the property held therewith, and the persons employed in or about the same, shall in respect thereof be with respect subject to the same laws as the Protestant dissenters are subject to and places of in England in respect to their schools and places for religious worship, worship. education, and charitable purposes, and not further or otherwise.

II. Provided always, and be it further enacted, that in all cases in Roman cawhich schoolmasters or other persons employed in such schools or other places are, as a legal qualification for such employments, now when requirrequired by law to take the oath of supremacy, or the oath or decla- oath, to take ration against transubstantiation and the invocation of saints and that prenos sacrifice of the mass, or to receive the sacrament of our Lord's 10 G. 4, c. 7. Supper, or, in Scotland, to subscribe the formula annexed to the aforesaid act for preventing the growth of popery, any such schoolmaster, or other master, professing himself a Roman catholic, shall,

Protestant dissenters,

tholicschoolmasters,

Act not to affect pendnurg suits.

held for

in lieu of the qualification aforesaid for holding such employment, take the oath contained in the statute passed in the tenth year of his late majesty, intituled an act for the relief of his majesty's Roman catholic subjects, and at the times and in manner in that act mentioned.

III. Provided always, and be it further enacted, that nothing in this act contained shall affect any suit actually pending or commenced, or any property now in litigation, discussion, or dispute, in any of

his majesty's courts of law or equity in Great Britain. Nor to repeal IV. Provided always, and be it further enacted, that nothing in PGS, TS 7, this act contained shall be taken to repeal or in any way alter any for suppres- provision of an act passed in the tenth year of the reign of his late tain religious majesty king George the fourth, intituled an act for the relief of his societies.

majesty's Roman catholic subjects, respecting the suppression or pro. hibition of the religious orders or societies of the church of Rome

bound by monastic or religious vows. Property V. Provided always, and be it further enacted, that all property to the purposes be acquired or held for such purposes of religious worship, education, mentioned in and charitable purposes, in England and Wales, shall be subject to England and the provisions of an act passed in the ninth year of the reign of king Miles: to be George the second, intituled an act to restrain the disposition of lands the provi- whereby the same may become unalienable, and to the same laws as the 96.2, c. 36. Protestant dissenters are subject to in England in respect of the ac

quiring or holding of such property: provided always, that nothing in this act contained shall be taken to extend the provisions of the said last recited act to that part of Great Britain called Scotland.

7 & 8 VICTORIA, CAP. 97.-An act for the more effectual application of charitable donations and bequests in Ireland. - Whereas it is expedient that the pious intentions of charitable persons should not be defeated by the concealment and misapplication of their donations and bequests to public and private charities in Ireland: and

whereas the provisions of the act passed by the parliament of Ireland 3 G. 3, (1.) in the third year of his late majesty king George the third, intituled

an act for the better discovery of charitable donations and bequests, and 40 G. 3, (I.) of the act passed by the parliament of Ireland in the fortieth year of

the reign of his said late majesty king George the third, intituled ar act to amend an act passed in the third year of his present majesty king George the third, intituled an act for the better discovery of charitable donations and bequests,' have been found insufficient for such purposes; and it is expedient and necessary that provision should be made for the better management of such charitable donations and bequests as have been heretofore made, and such as hereafter may be made: 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, Recited acts and by the authority of the same, that from and after the comrepealed,

mencement of this act the hereinbefore recited acts shall be repealed, save as to any thing done at any time before the commencement of

this act, all which shall be and remain good to all intents and purof this act.

poses whatsoever as if this act had not passed.

II. And be it enacted, that the master of the rolls in the high court of chancery of Ireland for the time being, the chief baron of the court of exchequer in Ireland for the time being, and the judge

save as to any thing done before commencement

Commissioners of charitable donations

for Ireland

missioners.

of her majesty's court of prerogative for causes ecclesiastical and and bequests court of faculties in and throughout Ireland for the time being,

appointed. together with ten other proper and discreet persons, to be from time to time appointed by her majesty in council, by warrant under the sign manual, of which ten persons five and not more than five shall at all times be persons professing the Roman catholic religion, shall be one body politic and corporate, by the name of “The commissioners of charitable donations and bequests for Ireland,” and by that name shall have perpetual succession and a common seal, and by that name may sue and be sued.

III. And be it enacted, that the said commissioners shall be at all Removal and times removable by her majesty in council, by warrant under the of such comsign manual; and that whenever, by death, resignation, removal, or otherwise, any person shall cease to be a commissioner under this act, it shall be lawful for her majesty, by warrant as aforesaid, to appoint one other person instead of the person so ceasing to be such commissioner; and every appointment of the said commissioners and their successors shall be published in the Dublin Gazette.

IV. And be it enacted, that all things which the said commis- How many sioners are by this act authorized to do may be done by any five of ers may act. such commissioners : provided always, that such five commissioners be for such purpose assembled at a meeting whereof due notice shall have been given to all the said commissioners.

V. And be it enacted, that at each meeting of the said commis- Chairman of sioners the said master of the rolls, or in his absence the said chief ers. baron of the court of exchequer, or in his absence the said judge of the prerogative court, if present, and, in the absence of all, the senior commissioner in the order of appointment, shall preside; and the chairman at all such meetings shall not only vote as a commissioner, but, in case of the equality of votes, shall have also the casting or decisive vote.

VI. Provided always, and be it enacted, that the consideration of Religious all charitable donations and bequests, and of matters relating to be referred them, in which any question shall arise before the said commis. to commitsioners concerning the usages or discipline of the united church of England and Ireland, or of any body of Protestant nonconformists, shall be referred to a committee of the said commissioners consisting of those commissioners who are Protestants; and that the consideration of all charitable donations and bequests, and of matters · relating to them, in which any question shall arise before the said commissioners, concerning the usages or discipline of the church of Rome, shall be referred to a committee of the said commissioners consisting of those commissioners who profess the Roman catholic religion ; and that whenever, by reason of reference to or intendment of any usage of any such church or body, or any district or division, in use according to the discipline of any such church or body, the object of the donation, devise, or bequest shall not be defined with legal certainty in the deed or will creating the trust, the committee to which the same shall be referred shall certify to the commissioners who is, according to the uses and intendment of such church or body, the person for the time being intended to take the benefit of such donation, devise, or bequest, or other particular facts

tees.

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