Page images
PDF
EPUB

Salaries and expenses.

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. Appointment VII. And be it enacted, that it shall be lawful for the lord-lieuof officers.

tenant 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 proceedings to be kept.

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. Property,&c. 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 40 G. 3. (1.) 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 this act. 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 trust:

Minutes of

Commissioners to report.

vested in
com mission-
ers under

1

ers may sue

&c.

not to be undertaken

der this act.

and conditions, liabilities, contracts, and engagements, as the same shall then be subject and liable to.

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 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

abated by equity shall be abated by the dissolution of the said corporation

dissolution of 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.

XIV. And be it enacted, that no sum shall be paid by the said Commissioncommissioners of charitable donations and bequests for Ireland to any attorney or solicitor, as and for costs, charges, or expenses, attornies, 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.

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 trust for duly executed, and attested by two credible witnesses, or by his catholic mior 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

ers not to pay costs to

in the com

nisters in Irelaud.

Deeds to be

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.

XVI. And be it enacted, that after the commencement of this act registered. 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 instru. ment 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. Archbishops, 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 mise lands, to alien, set, let, or in any manner demise for any period whatever &c:cnjoyed such lands, tenements, or hereditaments, or any part thereof, or in der this act. any manner whatever to charge or incumber the same, or any pro

perty 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, donations, from time to time, by deed under the common seal of the said com. said lands,se missioners, to demise or lease the said lands, tenements, or heredi

taments, 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

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

&c. not to alien or de.

Commissioners of charitable

&c. with consent of

&c. of church of Rome.

ral and

obtained for the same, without any fine, premium, or foregift for the making thereof being paid or payable to the said commissioners, or to the said archbishop, bishop, or other person in holy orders of the church of Rome; and provided that there be contained in every such demise or lease a covenant for the payment of the rent thereby reserved, and a condition for re-entry on non-payment of the rent or any part thereof for twenty-one days next after the same shall become due, and so that the lessee or lessees therein-named do execute a counterpart of the said demise or lease, and be not in any manner made dispunishable for committing waste.

XIX. And be it enacted, that from and after the commencement Vicar-geneof this act the vicar-general or his surrogate, and the registrar of the

registrar of prerogative court, shall make a return upon oath to the commis- prerogative sioners of charitable donations and bequests for Ireland, between make return the first day of July and the first day of November in every year, of to commisevery charitable devise or bequest contained in any will which shall charitable be entered in the office of such vicar-general, surrogate, or registrar, &c. of every which return shall likewise contain the name of the testator, the charitable name or names of the person or persons to whom probate of any contained in such will, or letters of administration with such will annexed, shall any will be granted, with the date of such will, probate, or administration; the office of which return shall be lodged with one of the secretaries of the said such vicar

general, &c. commissioners; and every such officer as aforesaid who shall neglect to make such return as aforesaid shall forfeit the sum of five pounds sterling, to be recovered by any person who shall sue for the same by civil bill; and the person or persons to whom the probate of any such will or letters of administration as aforesaid shall be granted shall, within three calendar months next after obtaining the same, publish in the Dublin Gazette, three times successively, every charitable devise or bequest contained in such will, the name of the tes. tator and date of such will or codicil, and the name of the person or persons to whom such charitable devise or bequest is given and bequeathed, and the name of the person or persons appointed by the testator for the management and direction thereof; and the expense of such publication shall be paid by the said executors or administrators out of the said respective charities; and every such person or persons who shall neglect to publish the same in manner herein required shall forfeit for every such neglect the sum of five pounds sterling, to be recovered by any person who shall sue for the same, by any action of debt, bill, plaint, or information, in any of her majesty's courts of record.

XX. And be it enacted, that the accounts of the said commis- Accounts sioners of the sums passing through their hands arising from chari- of the comtable donations and bequests shall, from and after the commencement to be audited of this act, be from time to time audited and declared by the chief

by chief or remembrancer or second remembrancer of the court of exchequer in membrancer Ireland ; and that the said commissioners of charitable donations chequer in and bequests in Ireland shall cause the said accounts to be made Ireland; out in such form as the said chief or second remembrancer shall direct, and shall send the same to him, with proper vouchers for their receipts and payments; and the said chief remembrancer or second remembrancer, after examining each account rendered to him

second re

[blocks in formation]

as aforesaid, with the documents annexed thereto, shall settle and declare the same, and shall lodge such account, when so settled and declared, with the clerks of her majesty's privy council in Ireland, who shall send one copy thereof to the said commissioners of charitable donations and bequests for Ireland, and keep one other copy thereof in the privy council office in Ireland.

XXI. And enacted, that it shall be lawful for the said chief remembrancer or second remembrancer to call before him and exa. mine on oath any person whom he may deem it necessary to examine on the matter of such accounts; and every person who on such examination on oath shall wilfully make any false statement shall be deemed guilty of perjury.

XXII. And be it enacted, that this act shall commence from and after the first day of January one thousand eight hundred and fortyfive; and that nothing herein contained shall be taken to avoid or render unlawful any donation, devise, or bequest which but for this act would be lawful, except as to the time within which the deed, will, or instrument containing such donation, devise, or bequest for pious or charitable uses is hereinbefore required to be executed and registered.

XXIII. And be it enacted, that this act may be amended or repealed by any act to be passed in this session of parliament.

Commencement of act.

Act may be amended this session.

[merged small][ocr errors][ocr errors]
« PreviousContinue »