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No. III. thereto respectively, as such archbishop or bishop would have used and 3 & 4 W. 4, exercised if the same were not exempt or peculiar, but were subject in c. 37. all respects to the jurisdiction of such archbishop or bishop respectively,
and the same, for all the purposes of this act, shall be deemed and taken to be within the limits of the province or diocese of such archbishop or bishop : Provided that the peculiars belonging to any archbishoprick or bishoprick, though locally situate in another diocese, shall continue subject to the archbishop or bishop to whom they belong, as well for the purposes of this act as for all other purposes of ecclesiastical
jurisdiction. United bene. XXX. That where any two or more dignities, benefices, vicarages, or fices to be perpetual curacies shall be held by one incumbent, that the same shall taxed singly. be valued and taxed as a single benefice: Provided always, That in case Benefices an- any dignity or benefice be attached or annexed to or held together with nexed to be any archbishoprick or bishoprick, such dignity or benefice, and such valued sepa- archbishoprick or bishoprick, shall be separately valued and taxed acrately.
cording to the respective scales contained in the schedules to this act annexed, and as if such benefice or dignity, and such archbishoprick or
bishoprick, were held and enjoyed by several persons. When a bishop. XXXI. That whensoever and as often as any of the archbishopricks rick is void, or bishopricks in Ireland shall happen to be void, that then the dean of who shall exe- the cathedral church where the see of such archbishoprick or bishoprick cute powers of being void shall happen to be, or the vicar general of the diocese, being this act.
in holy orders, or any archdeacon of the diocese, according to the direction or order of said commissioners, to be made or given in writing under the seal of the said commissioners, shall, during the vacancy thereof, be charged and chargeable and is hereby required to do or cause to be done all and every thing and things for the due execution of this act, within the diocese of such archbishoprick or bishoprick, as the same archbishop or bishop of the see being void should have done, ac
cording as it is limited and appointed by this act, or by any thing herein When arch. contained : Provided always, That during the vacancy of the archbishopbishoprick of rick of Dublin it shall be lawful for said commissioners to order, direct, Dublin void, and appoint the dean of Saint Patrick's, or the vicar general of such who shall exe: diocese, being in holy orders, or archdeacon of Dublin, to do and percute powers of form all and every the matters and things for the due execution of this this act.
act within such diocese as such archbishop should have done, according
as it is limited and appointed by this act, or any thing herein contained. Bishopricks in XXXII. And whereas his Majesty has been graciously pleased to the first column signify that he has placed at the disposal of parliament his interest in of the Sche- the temporalities and custody thereof of the several bishopricks and dule (B.) to archbishopricks mentioned in this act and the Schedule (B.) thereto anthis act an
nexed; be it therefore enacted, That the bishoprick of Waterford, now nexed to be
void, shall from and after the passing of this act, and the other bishopunited to the bishopricks
ricks named in the first column of the Schedule (B.) to this act annexed named in the
shall, when and as the same may severally become void, be thenceforth second column,
united to and held together with the bishoprick or archbishoprick mentioned in conjunction therewith respectively in the second column of the said Schedule (B.); and that the archbishops or bishops of the archbishopricks or bishopricks in such second column named shall, at such times respectively as before mentioned, be and become, by virtue of this act, and without further grant, installation, or ceremony whatsoever, bishops respectively of the said bishopricks named in such first column in conjunction therewith, and shall have and exercise all and every the ecclesiastical patronages and jurisdictions in appointing, collating, and presenting to all and every the dignities, rectories, vicarages, curacies, chapelries, or other offices or promotions, and all other jurisdictions whatsoever, by whatever name called, known, or described, lawfully had, used, exercised, and enjoyed by the respective bishops of the said bishopricks in the first column of the said Schedule (B.) named, as also the right of nominating and appointing to all and every the offices of chancellor, vicar general, official, principal registrar, and all other eccle
dok siastical offices of or belonging or appertaining to such last-mentioned No. III. je bishopricks respectively; and his most excellent Majesty, his heirs and 3 & 4 W. 4, tes successors, shall at all times thereafter grant each such bishoprick in as the first column of the said Schedule (B.) named, together with the band bishoprick or archbishoprick to which it may have been united in maniakes ner aforesaid, to be held by one and the same person.
XXXIII. Provided always, That if any bishoprick mentioned in the If bishoprick in o second column of the said Schedule (B.) shall become void before the second column
union of such bishoprick with the bishoprick mentioned in the first of Schedule column of the said Schedule, then the bishop of the bishoprick men- (B.) becomes
tioned in the first column shall become, by virtue of this act, and with. void before est out further grant, installation, or ceremony whatever, bishop of the union of such bishoprick in such second column named in conjunction therewith, and
first column, shall have and exercise all powers and authorities of the bishop of such
then such is united bishopricks: Provided always, That nothing herein contained bishop to be lade shall authorize or empower any bishop of a bishoprick mentioned in the bishop of such
first column of the said schedule as hereafter to be united to the bishoprick. dioceses of Armagh or of Dublin, to become, by virtue of this act, archbishop of Armagh or of Dublin.
XXXIV. Provided also, That it shall and may be lawful for the arch- Archbishops of bishop of Armagh and archbishop of Dublin, and they are hereby Armagh and
Dublin emrequired, to select from and out of the benefices belonging to each of the bishopricks in the first column of the said Schedule (B.) mentioned powered to pre
sent a fellow of and now in the gift or collation of the respective bishops thereof, one
Trinity college benefice not exceeding the annual value of one thousand pounds, and to to a benefice, to return a list of the several benefices so selected, under their episcopal be selected as reals, to the said lord lieutenant or other chief governor or governors of herein menIreland, and his Majesty's privy council there, for their approval, and tioned. when approved by the said lord lieutenant or other chief governor or governors and council, such list shall be registered in the rolls office of his Majesty's court of chancery in Ireland, together with such approval ; and upon each and every avoidance of the said benefices so selected happening from time to time after the said bishopricks to which the
same may respectively belong shall have become united to any other je bishopricks by virtue of this act, it shall and may be lawful for the said
archbishop of Armagh and archbishop of Dublin to nominate and present to each such benefice one of the fellows or ex-fellows of the college of the holy and undivided trinity, near Dublin, being in holy orders : Provided "always, That in case the said two archbishops shall not be Proviso in case able to agree in such nomination and appointment, or shall decide of disagreement upon the person to be appointed to the said vacant benefice, the first of the archturn therein to be exercised by the archbishop of Armagh, and if on the bishops. vacancy of any of the said benefices so selected as aforesaid, the said archbishop shall not present thereto some such fellow or ex-fellow within such period as any patron ought to present to a benefice in his gift or presentation, then and in such case the right of presentation or collation to such benefice shall, for that turn, devolve to the bishop of the diocese, and be in all respects subject to the ordinary law of lapse ; Provided always, That until the said bishopricks shall have become united to any other bishopricks under the provisions of this act, nothing herein contained shall alter or affect the right of presentation or collation to any of the benefices so selected as aforesaid, as at present enjoyed or possessed; and provided further, that any fellow of Fellow so the said college who shall accept any such benefice shall vacate his elected to vafellowship at such time and in such manner as according to any cate his fellowstatute, by law, or usage of the said college, fellowships are vacated ship. upon the acceptance of any living in the gift or disposal of the said college.
XXXV. Provided also, That the said ecclesiastical commissioners Commissioners under this act shall, from and out of the revenues of each bishoprick in to make good in the first column mentioned, when and as the same shall become deficiencies vested in them, make good to the bishop thereof becoming, by virtue happening to
bishops by the
No. III. of the provision hercin-before contained, bishop of the bishoprick men3 & 4 W. 4, tioned in conjunction therewith in the second column of the said e. 37. schedule, the sum or sums of money (if any) whereby the revenues of
such bishoprick in such second column mentioned shall fall short of the union of bi. revenues of such bishoprick in such first column mentioned. shopricks. XXXVI. Provided nevertheless, That all and singular the lands Tero poralities tenements, and hereditaments respectively belonging or in anywise apof bishopricks pertaining to the bishopricks in the first column of the said schedule (B. in first column named, together with all and singular the tithes, rents, and emoluments of the said whatsoever to such bishopricks respectively appertaining or belonging, Schedule (B.) shall, in the case of the said bishoprick of Waterford, from and after vested in the
the passing of this act, and in the case of the other bishopricks in the com in issioners said schedule (B.) mentioned shall, from and after the times when such under this act. bishopricks shall become respectively void or united to any other bishop,
rick as aforesaid, be and the same are hereby transferred to and vested in the said ecclesiastical commissioners and their successors for every subject however to all leases, rents, charges, and incumbrances now or at the time of such transfer legally affecting the same, save and except the annual tax, rate, or assessment by this act authorized to be imposed and levied; and that all the rents, revenues, issues, profits, and other emoluments in any manner arising or accruing to the said commissioners and their successors from or out of any of the said bishopricks shall be received and applied by such commissioners and their successors tog for, and upon the several trusts, uses, and purposes in this act menj tioned, and subject to and under the like rules and regulations as are herein declared and expressed of and concerning the said annual tax vested in and made payable to the said commissioners and their
successors. Arrears of rent, XXXVII. That all arrears of rent and other temporal profits and &c. since death emoluments which have accrued due for or in respect of the see of of bishop of Waterford since the said bishoprick of Waterford has become void shall Waunford to by virtue of this act, and without any writ of restitution or other process be recovered
whatever, be in like manner transferred to and vested in the said comby commis.
missioners, to, for, and upon the like trusts, uses, and purposes, and subject to the like rules and regulations, as aforesaid; and that the said commissioners shall and they are hereby authorized and empowerede either by action of covenant or debt, or by action on the case, as for use and occupation, to sue for and recover all and every the arrears of rent due, or which shall have accrued or become due since the death of the said late bishop of Waterford; and that it shall and may be lawful. for the said commissioners, and they are hereby authorized and empowered, to distrain for such arrears and every part thereof, and shall
and may avow generally for the same. Comra issioners XXXVIII. And provided also, That the said commissioners shall and to pay sums they are hereby required and directed to pay and satisfy the executors charged on or administrators or assigns of Doctor Richard Bourke, late bishop of bishoprick of Waterford, by such instalments, to be made in such manner and at. Waterford to such periods from and after the passing of this act, as any successor to executors of deceased.
such bishoprick then appointed would have been bound or liable if any such successor had been appointed on or before the first day of January one thousand eight hundred and thirty-four, all and every such sum and sums of money which, pursuant to any law or statute in force in Ireland at the passing of this act, could or might have been recovered by such executor or administrator from or against the successor of the
said late bishop of Waterford in case this act had not been passed; and Commissioners provided further, that the said commissioners shall by such instalments, shall pay sums to be made in such manner and at such periods from and after such. charged on bi- respective vacancies of the other bishopricks, save and except the shopricks here- bishopricks of Ossory and of Cork and Ross, named in the first column after to be sup- of the schedule (B.) to this act annexed as aforesaid, or from and after pressed.
the annexation thereof to any other bishoprick under provisions herein- : before contained, as any successors thereto would have been respectively
bound or liable if such successors had been appointed, pay to and satisfy No. III the person or persons, or his or their respective executors, administra- 3 & 4 W.4, tors, or assigns, as the case may be, by whose promotion or death such c. 37. vacancy shall have occurred or been occasioned, or who shall become the bishop of any united bishopricks, all and every such sum and sums of money as by force of any law or statute or usage has or have heretofore been charged upon the said other bishopricks upon the same becoming void respectively, and which would have been payable to and recoverable by such persons respectively, or their respective executors, administrators, or assigns, from or against their respective successors in such bishopricks, in case this act had not been made.
XXXIX. That in the case of the said bishoprick of Waterford it shall Commissioners and may be lawful for the said commissioners from and after the passing may demise see of this act, and in the case of the other bishopricks named in the first houses of biscolumn of the Schedule (B.) to this act annexed, save and except the hopricks bebishopricks of Ossory and of Cork and Ross, it shall and may be lawful coining vacant. for such commissioners at and after such times as the said bishopricks shall become respectively vacant, or united to any other bishoprick or archbishoprick as aforesaid, and such commissioners are hereby empowered, by and with the consent of the lord lieutenant or other chief povernor or governors in Ireland, to be testified in writing under his *r their hand or hands, to demise for any term of lives or years, or lives ind years, with a covenant to make void the said demise in case of as. signing or subletting, and for such rent or fine as shall be specified in and by such consent as aforesaid, the see house and offices, and all or aby part of the mensal or demesne lands of or belonging to the said Bishoprick of Waterford, or to the said other bishopricks, save as aforesaid : Provided always, That if the bishop for the time being of the bishoprick to which such bishoprick of Waterford, or such other bishopnick, save as aforesaid, shall be united by virtue hereof as aforesaid, do and shall
, with and by the like consent as aforesaid, to be testified as Koresaid, elect and choose the see house of such bishoprick of Waterford, or such other bishoprick, save as aforesaid, to be and continue for ever to be the see house of such united bishoprick, it shall not be lawful for the said commissioners so to demise the said see house and offices to selected and chosen as aforesaid, nor the mensal or demesne lands thereof or thereto respectively belonging; and in such case it shall be and become lawful for the said commissioners, and they are hereby empowered, by and with the like consent as aforesaid, to be testified as aforesaid, to demise, in like manner and upon the like terms as aforesaid, the see house and offices of the bishoprick to which such bishoprick of Waterford, or such other bishoprick, save as aforesaid, shall be united as aforesaid, by virtue of this act, together with any part of the mensal or demesne lands thereof or thereto respectively belonging, instead of the see house and mensal or demesne lands of such bishoprick of Waterford or other bishopricks so respectively becorning vacant, or united to any other archbishoprick or bishoprick, save
XL. Provided always, That if such consents as aforesaid be not reci- Bishopricks ted in the respective deeds of demise aforesaid, and if the said deeds of now and to be demise do not contain such covenant as aforesaid against assigning or vacunt. subletting, or be not respectively executed by the said commissioners in the manner herein-before directed as to the execution of deeds by said Recitals and commissioners, and the said bishops of the bishopricks which shall be parties neces. come united in manner aforesaid, for the time being respectively, that ary to deeds of then the said demises shall be respectively null and void to all intents and
houses. purposes whatsoever. XLI. 'That it shall be lawful for the said commissioners, when and When bishopso soon as the said bishoprick of Ossory and bishoprick of Cork and rick of Ossory Ross shall be, under the provisions of this act, united to the bishopricks and bi-hoprick of Ferns and Leighlin and of Cloyne respectively, in like manner to of Cork and demise, with the like consent and subject to the same covenants as
Ross shall be
No. III. aforesaid, the see houses and offices and all or any part of the mensal or 3 & 4 W.4, demesne lands of or belonging to the said bishopricks of Ferns and c. 37. Leighlin and of Cloyne respectively; and the see houses and offices and
mensal or demesne lands to the said bishopricks of Ossory and Cork anited to Ferns, and Ross respectively belonging shall be and become thenafter the see and Leighlin
houses, offices, and mensal or demesne lands of such united bishopand to Cloyne ricks of Ossory and of Ferns and Leighlin and of Cork and Ross and of respectively, Cloyne respectively. the see houses, &c. of Ferns and Leighlin and of Cloyne shall be sold or exchanged. Application of XLII. That the fines arising or to arise from such demises as aforerents and fines. said, together with the rents to be thereby respectively reserved, shall
be applied and disposed of by said commissioners for the several purposes, and subject to the like rules and regulations, as are herein mentioned with respect to the said annual tax hereby vested in and made
payable to said commissioners. Notwithstand- XLIII. Provided, That all and ev the sum and sums of money ing preference which, pursuant to any law or statute in foree in Ireland, would or of the new see might have become payable by or recoverable against the successor or: house, the sums successors in the bishoprick or archbishoprick to which any see house payable in
and offices so demised, pursuant to such choice and selection as spect of see house by the
aforesaid, may have theretofore belonged, shall be and become and remain payable by and recoverable against such successor or successors
therein notwithstanding the selection or choice of any other see houseable.
under the provision herein-before contained, and as if such see house so
demised had continued to be the see house of such bishoprick. Providing for
XLIV. That the said commissioners shall, by such instalments, to be payment of the made in such manner, and at such periods from and after the respective liabilities upon periods when the bishoprick of Ferns and Leighlin shall become united the several bishopricks of
to the bishoprick of Ossory, and the bishoprick of Cloyne united to that Ferns, &c. after of Cork and Ross, as any successors thereto would have been respectheir union. tively bound or liable if such successors had been appointed, pay to the
persons or their representatives by whose promotion or death, or who shall become the bishops respectively of such united bishopricks, all and every such sum or sums of money as would have been payable by or recoverable against the several successors in the said bishoprick of Ferns and Leighlin and bishoprick of Cloyne respectively in case this act had not been passed ; and the bishops of such united bishopricks of Ferns and Leighlin and of Ossory shall be and become liable to the payment of all such like sum or sums of money as any successor or successors in the said bishoprick of Ossory would have been in case this act had not been passed; and the bishops of such united dioceses of Cloyne and of Cork and Ross shall be and become liable to the pay. ment of all such like sum or sums of money as any successor or successors in the said bishoprick of Cork and Ross would have been in case this act had not been passed : Provided that nothing herein contained shall, in the event of the now bishops of Ossory and of Cork and of Ross becoming respectively bishops of such united bishopricks, alter or
affect the liabilities to them respectively of their successors. Leasing powers
XLV. That the said commissioners shall have all such and the like granted to
powers of granting, conveying, exchanging, leasing, and demising all commissioners
any part of the lands, tenements, and hereditaments, and possessions with respect to (save and except the see houses, offices, and mensal or demesne lands bishopricks
herein-before provided for,) of or belonging or appertaining to the said bested in ohem bishoprick of Waterford, or to the said other bishopricks in the first sions of this act,
column of the said schedule mentioned respectively, when the same shall, pursuant to the provisions of this act, be respectively vested in the said commissioners, as the bishops thereof have respectively heretofore had and enjoyed by virtue of any law in force at the passing of this act; and that all and every act or acts enabling such bishops respectively to grant, convey, exchange, lease, or demise such lands, tenements, or hereditaments, and possessions as aforesaid, or any part thereof, or disabling or restraining them respectively from so doing,