Page images
[ocr errors]



olland. c. for


their successors, of one acre, as a site for any new church and church-yard. And by several Irish statutes (12 Geo. 1, c. 9. 3 Geo. 2. c. 11. 11 & 12 Geo. 3, Rates for buildc. 16. 29 Geo. 3. c. 27. and 40 Geo. 3. c. 83.) it is the ingur duty of the church-wardens to applot and levy a cess or rate upon the respective parishes, for the building, rebuilding, and repairing churches: but by the law of England the rates for their repairs, are recoverable only in the ecclesiastical courts ; and no statute of a general nature has made provision for building or rebuilding churches in England at the expense of the respective parishes. The 43 Geo. 3. c. 108. U. K. is “an act to promote the 43G20.3.c.168 building, repairing, or otherwise providing of churches : and chapeis, and of houses for the residence of ministers, Pxer to grant and the providing of church-yards and glebes,” and enables persons by deed or will to give lands not exceeding 5 acres, or goods and chattels not exceeding £500. for these purposes. And it is a provision of this act, that in every parochial church or chapel hereafter to be erected, ample provision shall be made for the decent and suitable accommodation of all persons of what rank or degree soever, who may be entitled to resort to the same, and whose circumstances may render them unable to pay for such accommodation. It has been already stated* that Anle p. 173, the funds in the hands of the board of first fruits, as also the parliamentary grant of £50,000. are made in part applicable to the purpose of building churches in Ireland.

Amongst the other rates which church-wardens are au- Ministers thorized and directed to levy upon their parishes in Ire- 'o be levied by

church-wardens. land, is that of ministers' money, in respect to which 1978 18 Car. 2. the 17 & 18 Car. 2. c. 7. Ir. (which may be here stated) c. 7. 8. 1 enacts, that the chief governor, and 6 or more of the privy council, may allot any sum of money to be paid to the several incumbents within the city and suburbs of Dublin, and liberties thereunto adjoining, and other cities and towns corporate, having actual cạre of souls, out of each house belonging to the parish, by apportioning the money according to the yearly value of each house, or otherwise, not exceeding 12d. in the pound of the yearly value of each house; such value to be ascer*VOL. I.


islers money

[ocr errors]

Commission of tained upon oath, by persons nominated and authorized wr.luation.

by commission uuiler ibie great seal, by the direction of the chief governor; but no louse shall be returned by the commissioners at abore £60. per annunt ; and such commissions shall be returned under the hands and seals of the comunissioners, to the clerk of the council; and such allotinent when approred of by the chief governor and council, shall be a charge upon eaclt house, and be received by the church-wardens, and by them paid to

the respective incumbents, by 4 equal portions in every Duly of church. vear, viz. the feast of the nativity, &c; the feast of the ag dens enjoiced. annunciation, &c.; the feast of Sr. Jolin tlre Baptist';

and the feast of Sť Michael the archangel; and in case of the delay or refusal of any intiabitant to pay the sum allotted at any of said days, the church-wardens may lery the same by distress and sale; and the church-wardens if they fail to do their duty, shall be punished as the governor and council shalt think fit: but saclı punishment shall

not (by s. 7.) esceed a fine of 25. and imprisonment for 32. one month. By s. 2. 110 commission shall issue into any Proviso. parish for valuation of any houses bereafter to be built,

oftener tlian once in 3 years. Church-wardens The 3 Geo. 2. c. 11. fr. which prescribes the mode cumpeliuble lo of applotting parish cesses or taxes for the repairs of account. 5 Geo. 2.c. 11. cliurches or chapels, or other necessary charges, and re

gulates tlie duty of church-irardens in respect thereto, is 21 & 22 Geo.3. c. 52. da. enforced by the 21 & 22 Geo. 3. c. 52. Ir. which provides,

that where cliurchi-wardens shall neglect, for 6 calendar months, to sue their predecessors for neglect or refusal to collect parish cesses, or for the balance of their accounts, ortoprosecute such suits with effect, thre bishop or ordinary may sué tlie church-wardens, so neglectiny, &c. to sue their predecessors, and recover all sums contained in any applotment's delivered to such predecessors, or the balance of such accounts, by citil bill, if the sum claimed by the bishop, &c. does not exceed L'20. or otherwise by action

of debt, &c. in any of the Four-courts in Dublin. Mae shall be. By the 23 & 24 Gco. 3. c. 49. s. 10. Ir. every person who riebiour of shall be duly elected or nominated a church-warden, church towdens,

Geo shall, after 6 wecks from the entry of Iris election, &c. in 0.49.8. 10. Ir.' the vestry-book of the parish, union, or chapelry, be


[ocr errors]

deemed to be legal church-warden, although he shall have neglected or refused to take the usual oath of office in the manner prescribed by law; and the entry of such election, &c. in the vestry-book of the parish, &c. and signed by the rector, vicar, or curate, and 3 of the parishioners then present, shall be conclusive evidence of such election, &c. although not signed by such church-warden.

VI. Next as to parish-clerks, the 33 Geo. 2. c. 11. Ir. 66. as amended by the 25 Geo. 3. c. 58. Ir. enacts, that in Parish-clerks

their salary in every parish, or union of parishes, or town that has a Trelentless church or chapel of ease, and service, a vestry 'shalt 33 Gen. 2. c.11

s. 2. Ir. be held on Monday or Tuesday in Easter-week, for as- 25 Geo.3.6.58. sessing the clerk's salary, which is not to exceed £20," nor to be under £10., where the service is usually celebrated on common week-days as well as on Sundays and other festivals, or otherwise the sum shall not exceed 110. nor be under $5.; which respective sums shall, within 30 days after Easter-Sunday in every year, be applotted in like manner as cesses for the repairs of the church, and be paid by the church-wardens; and they are accordingly enabled to recover such salary by civil bill against the church-wardens, where they shall neglect or refuse to collect and pay the same, who may recover over against the parishı: and if any such parish or union shail neglect to assess or apploť such saláry, the clerks may also have the same reinedy by civil bill; or 2 justices of peace may applot the same by examination on oath, and autiorize it to be feried by the parish-clerk by distress and sale. These acts are peculiar to Ireland.

VII. Lastly as to sextons, the statute 23 & 24 Geo. 3. 57. e. 49. Ir. is peculiar to Ireland, which provides (s. 9.) that Serions--hen

demesne's in it shall be lawful for the archbishop or bishop of the dio- Treland.“ cess, where any vicarage or curacy appropriate shall be 23 & 24 Gen. 3.

C. 49. s. 9 Ir. endowed in pursuance of any act now in force, by writing under his land and archiepiscopal or episcopal seal, to allocate any part of the lands so granted as a perpetual glebe, not exceediny 6 acres, as demesnes for the sexton of the parish, and master of a free school) in such proportions as such archbishop, &c. shall judge proper: provided that no such sexton, &c. sball be thereby qualified to vote as a freeholder. 2 A 2



of the Ciril State.

81. THE prerogative of the king, as the fountain of honour Creation of and nobility, in creating peers, is in some measure depeers.

fined or restrained by the Act of Union (40 Geo, 3.c. 38. Ir, 40 Geo.3.c. 38.



and 40 Geo. 3, c. 67. Eng.) by the 4th article of which it 40 Geo.3. c.67.

is provided, that it shall be lawful for the king to create
peers of that part of the united kingdom called Ireland,
and to make promotions in the peerage thereof, after the
union ; provided that no new creation shall take place,
until three of the peerages of Ireland which shall have
been existing at the time of the union shall have become
extinct, and upon such extinction it shall be lawful for
the king to create one peer of Ireland; and in like man-
ner so often as three peerages of Ireland shall become
extinct, it shall be lawful for the king to create one other
peer of said part of the united kingdom. And if the
peers of Ireland shall by extinction of peerages or other.
wise be reduced to the number of one hundred, exclusive
of such peers of Ireland as shall hold any peerage of
Great Britain, subsisting at the time of the union, or of
the united kingdom created since the union, by which
such peers shall be entitled to an hereditary seat in the
bouse of lords of the united kingdom, then it shall be
lawful for the king to create one peer of Ireland, as often
as any one of such one hundred peerages shall fail by
'extinction, or as often as any one peer of Ireland shall
becoine entitled, by descent or creation, to an hereditary
seat in the house of lords of the united kingdom; it being
the intent of this article that at all times after the union,
it shall be lawful for the king to keep up the peerage of
Ireland to the number of one hundred, over and above
the number of such of said peers as shall be entitled, by
descent or creation, to an hereditary seat in the house of
lords of the united kingdom. And this article declares,



that if any peerage shall be in abeyance, it shall be deemed an existing peerage; and no peerage shall be deemed extinct, unless on default of claimants to the inheritance of such peerage for one year from the death of the person who shall be last possessed thereof; and if no claim shall be made to such peerage in such manner as may from time to time be prescribed by the house of lords of the united kingdom, before the expiration of said period of a year, then such peerage shall be deemed extinct; but any person may afterwards put in a claim to said peerage, and if such claim shall be allowed by the judgment of the house of lords of the united kingdom reported to the king, such peerage shall be considered as revived; and in case any new creation of a peerage of Ireland shall have taken place in the interval, in consequence of the supposed extinction of such peerage, then no new right of creation shall accrue to the king, in consequence of the next extinction of any peerage of Ireland. This article also provides, that the lords of Privileges, rank, parliament on the part of Ireland in the house of lords of of ped the united kingdom, shall have the same privileges of parliament which shall belong to the lords on the part of Great Britain : and the lords spiritual and temporal on the part of Ireland shall have the same rights in respect of their sitting and voting upon the trial of peers, as those on the part of Great Britain. And all lords spiritual of Ireland shall have rank and precedency next after the lords spiritual of the same rank and degree of Great Britain, and shall enjoy all privileges as 'fully as the lords spiritual of Great Britain ; the right of sitting in the house of lords and the privileges depending thereon, and particularly the right of sitting on the trial of peers, excepted : and the persons holding any temporal peerages of Ireland existing at the time of the union, shall have rank and precedency next after persons holding peerages of the like orders and degrees in Great Britain, subsisting at the union: and all peerages of Ireland created after the union, shall bave rank and precedency with the peerages of the united kingdom so created, according to the dates of their creations. All peerages of Great


« PreviousContinue »