Act not to affect pending suits. Nor to repeal provisions in 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. IV. Provided always, and be it further enacted, that nothing in PO G. 4, 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 sion of cer societies. Property held for the purposes this act, in subject to majesty's Roman catholic subjects, respecting the suppression or prohibition of the religious orders or societies of the church of Rome bound by monastic or religious vows. V. Provided always, and be it further enacted, that all property to 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 Wales, to be George the second, intituled an act to restrain the disposition of lands whereby the same may become unalienable, and to the same laws as the Protestant dissenters are subject to in England in respect of the acquiring 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. the provisions of 9 G. 2, c. 36. 3 G. 3, (I.) 6 7 & 8 VICTORIA, CAP. 97.—An act for the more effectual appli cation 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 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 an 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 commencement of this act the hereinbefore recited acts shall be repealed, thing done save as to any thing done at any time before the commencement of mencement this act, all which shall be and remain good to all intents and purposes whatsoever as if this act had not passed. repealed, save as to any before com of this act. Commis sioners of charitable donations 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 for Ireland 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. such com missioners. III. And be it enacted, that the said commissioners shall be at all Removal and appointment times removable by her majesty in council, by warrant under the of sign 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. commission 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. commission 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. questions to tees. 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 Appointment of officers. Salaries and expenses. Minutes of proceedings to be kept. Commissioners to report. Property, &c. body corpo by recited act 40 G. 3, (I.) concerning the usages or discipline of such church or body necessary to be known, for the due administration of the trust, according to the true intent and meaning of the donor; and the commissioners shall receive every such certificate as evidence of the facts certified, and shall give effect to such donation, devise, or bequest accordingly, so far as the same may be lawfully executed according to the provisions of this act: provided always, that nothing herein contained shall be construed to limit or affect the jurisdiction of any court of law or equity. VII. And be it enacted, that it shall be lawful for the lord-lieutenant or other chief governors of Ireland, with the consent and approbation of the commissioners of her majesty's treasury, from time to time to appoint during his pleasure a secretary or secretaries to the said commissioners, and also such officers, clerks, and servants as may be necessary for the purposes of this act; and the said commissioners of her majesty's treasury shall fix the salary or salaries of the said secretary or secretaries, officers, clerks, and servants in fit proportion, according to the duties which they from time to time may have to perform. VIII. And be it enacted, that the salaries of the said secretaries, officers, clerks, and servants, and also the necessary expenses of carrying on the business of the said commissioners of charitable donations and bequests for Ireland, not herein otherwise provided for, shall be paid by the commissioners of her majesty's treasury out of the consolidated fund of the united kingdom of Great Britain and Ireland. IX. And be it enacted, that one of the secretaries, or some other officer of the said commissioners, shall make minutes of the proceedings of the said commissioners at their several meetings, and shall keep a book, in which he shall enter a fair copy of such minutes, and the names of the commissioners present; and the fair copy of the minutes of the proceedings of each meeting shall be read at the next meeting of the commissioners, and if approved as correct shall be signed by the chairman of the meeting at which they shall be so read. X. And be it enacted, that the commissioners shall, once at least in every year, and also whenever her majesty's pleasure shall be sig nified to them in that behalf, report to her majesty their proceedings under this act; and a copy of every such report shall be communicated to both houses of parliament within six weeks after the same shall be made, if parliament be then sitting, or if not then within six weeks next after the next meeting of parliament. XI. And be it enacted, that from and after the first publication belonging to in the Dublin Gazette of the appointment of the commissioners of rate created charitable donations and bequests for Ireland under this act the property, estate, and effects, rights, claims, titles, and possessions, of what nature or kind soever, of or belonging or which of right ought to belong to the said body politic and corporate created by the said recited act of the fortieth year of king George the third, and vested in the said body by virtue of the said act or otherwise, shall vest in and devolve upon the commissioners of charitable donations and bequests for Ireland created by this act, subject to such truste vested in commissioners under this act. and conditions, liabilities, contracts, and engagements, as the same shall then be subject and liable to. ers may sue donations, &c. to attorney XII. And be it enacted, that the said commissioners of charitable Commissiondonations and bequests for Ireland may sue for the recovery of every for recovery charitable donation, devise, or bequest intended to be applied in of charitable Ireland, which shall be withheld, concealed, or misapplied, and shall &c. withheld, apply the same, when recovered, to charitable and pious uses, according to the intention of the donor or donors; and the said commissioners shall be empowered to deduct out of all such charitable donations, devises, and bequests as they shall recover all the costs, charges, and expenses which they shall be put to in the suing for and recovery of the same: provided always, that no information Proceedings shall be filed, or petition presented, or other proceeding at law or in undertake equity undertaken or prosecuted, by the said commissioners, until tillsubmitted the same shall be submitted to and allowed by her majesty's attorney or solicitoror solicitor-general for Ireland, and such allowance certified by him. general. XIII. And be it enacted, that no action or suit at law or in Actions not equity shall be abated by the dissolution of the said corporation dissolution of abated by created by the said act of the fortieth year of the reign of king corporation George the third, but that the court in which any action or suit 40 G. 3, but shall be depending at the time of the commencement of this act same may be may, if such court shall so think fit, upon the application of any by commisparty to the said action or suit, allow the name of the commis- sioners unsioners of charitable donations and bequests for Ireland incorporated by this act to be substituted in the place of the said commissioners created by the said statute of the fortieth of George the third, and such action or suit may be prosecuted and defended in the same manner as if the same had been originally instituted by or against the said commissioners incorporated by this act. created by prosecuted der this act. pay costs to XIV. And be it enacted, that no sum shall be paid by the said Commissioncommissioners of charitable donations and bequests for Ireland to not to any attorney or solicitor, as and for costs, charges, or expenses, unless the amount of such payment shall first have been approved amount of by the commissioners of her majesty's treasury; and before any approved by such sum shall be allowed by the said commissioners of the treasury on such account as aforesaid the particulars of all such costs, charges, and expenses shall be laid before them. the treasury. bodies may in the com trust for catholic mi Roman nisters in Ireland. XV. And be it enacted, that every person or body corporate Persons or having in his, her, or their own right any estate or interest, in pos- by deed vest session, reversion, or remainder, of or in any lands, tenements, or lands, &c. hereditaments, or any property of or in any goods or chattels, shall missioners, have full power, at his, her, and their will and pleasure, by deed in duly executed, and attested by two credible witnesses, or by his or her last will in writing, duly executed according to law, to give and grant to and vest in the said commissioners of charitable donations and bequests for Ireland, and their successors, all such his, her, or their estate, interest, or property in such lands, tenements, hereditaments, goods, and chattels, or any part or parts thereof, in trust for building, enlarging, upholding, or furnishing any chapel or place of religious worship of persons professing the Roman catholic religion, or in trust for any archbishop or bishop or other person in holy orders of the church of Rome officiating in any district, or having pastoral superintendence of any congregation of persons professing the Roman catholic religion, and for those who shall from time to time so officiate or shall succeed to the same pastoral superintendence, or for building a residence for his and their use; and such estate, interest, or property in such lands, tenements, or other hereditaments, goods and chattels, shall vest in and be holden by the said commissioners, subject to the trusts of such deed and will respectively, without any writ or licence other than this act: provided always, that nothing herein contained shall be construed to render lawful any donation, devise, or bequest to or in favor of any religious order, community, or society of the church of Rome bound by monastic or religious vows prohibited by an act passed in 10 G. 4, c. 7. the tenth year of the reign of king George the fourth, intituled an act for the relief of his majesty's Roman catholic subjects, or to or in favor of any member or members thereof. Deeds to be registered. Archbishops, &c. not to alien or de mise lands, &c. enjoyed by them un der this act. Commissioners of charitable donations, &c. may lease &c. with consent of of Rome. XVI. And be it enacted, that after the commencement of this act no donation, devise, or bequest for pious or charitable uses in Ireland shall be valid to create or convey any estate in lands, tenements, or hereditaments for such uses, unless the deed, will, or other instrument containing the same shall be duly executed three calendar months at the least before the death of the person executing the same, and unless every such deed or instrument, not being a will, shall be duly registered in the office for registering deeds in the city of Dublin within three calendar months after the execution thereof. XVII. And be it enacted, that it shall not be lawful for any such archbishop, bishop, or person in holy orders of the church of Rome to alien, set, let, or in any manner demise for any period whatever such lands, tenements, or hereditaments, or any part thereof, or in any manner whatever to charge or incumber the same, or any property enjoyed by him under this act, but that all charges and incumbrances upon such lands, tenements, and hereditaments, or other property, and all conveyances, gifts, grants, demises, or sub-demises of the same or any part thereof, made or to be made by any such archbishop, bishop, or other person in holy orders of the church of Rome, shall be absolutely void: provided always, that it shall and may be lawful for the said archbishop, bishop, or other person in holy orders of the church of Rome to execute such leases as hereinafter are mentioned. XVIII. And be it enacted, that it shall and may be lawful for the said commissioners of charitable donations and bequests for Ireland, from time to time, by deed under the common seal of the said comsaid lands, missioners, to demise or lease the said lands, tenements, or hereditaments, or any part thereof, by and with the consent of the said archbishop, archbishop, bishop, or other person in holy orders of the church of &c. of church Rome, or those who respectively shall succeed them as aforesaid, testified by his or their being a party to and executing such lease, for any term not exceeding twenty-one years, unless on building lease, in which case such lease may be granted for any term not exceeding one hundred years: provided always, that the said lease shall take effect in possession, and not in reversion or by way of future interest, and that there be made payable during the estate or interest thereby created the best yearly rent that can be reasonably |