Charitable Donations and Bequests (Ireland) Act 1844

JurisdictionUK Non-devolved
Citation1844 c. 97
Anno Regni VICTORI, Britanniarum Regin,Septimo & Octavo. An Act for the more effectual Application of Charitable Donations and Bequests inIreland .

(7 & 8 Vict.) C A P. XCVII.

[9th August 1844]

'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 inIreland : 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 Discoveryof Charitable Donations and Bequests , and 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 Actto 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 Adviceand 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by the Authority of the same, That from and after the Commencement of this Act the herein-before recited Acts shall be repealed, save as to any thing done at any Time before the Commencement of this Act, all which shall be and remain good to all Intents and Purposes whatsoever as if this Act had not passed.

S-II Commissioners of Charitable Donations and Bequests for Ireland appointed.

II Commissioners of Charitable Donations and Bequests for Ireland appointed.

II. And be it enacted, That the Master of the Rolls in the High Court of Chancery ofIreland for the Time being, the Chief Baron of the Court of Exchequer in Ireland for the Time being, and the Judge of Her Majesty's Court of Prerogative for Causes Ecclesiastical and Court of Faculties in and throughout Ireland for the Time being, 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.

S-III Removal and Appointment of such Commissioners.

III Removal and Appointment of such Commissioners.

III. And be it enacted, That the said Commissioners shall be at all Times removable by Her Majesty in Council, by Warrant under the 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 theDublin Gazette .

S-IV How many Commissioners may act.

IV How many Commissioners may act.

IV. And be it enacted, That all Things which the said Commissioners are by this Act authorized to do may be done by any Five of 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.

S-V Chairman of Commissioners.

V Chairman of Commissioners.

V. And be it enacted, That at each Meeting of the said Commissioners the said Master of the Rolls, or in his Absence the said Chief 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.

S-VI Religious Questions to be referred to Committees.

VI Religious Questions to be referred to Committees.

VI. Provided always, and be it enacted, 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 United Church ofEngland 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 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.

S-VII Appointment of Officers.

VII Appointment of Officers.

VII. And be it enacted, That it shall be lawful for the Lord Lieutenant or other Chief Governors ofIreland , 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.

S-VIII Salaries and...

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