Church Temporalities (Ireland) Act 1860
(23 & 24 Vict.) C A P. CL.
[28th August 1860]
'WHEREAS it is expedient to amend the Laws relating to the Temporalities of the Church inIreland: ' 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, and by the Authority of the same, as follows:
I The Term Episcopal Commissioner whom to include.
I. The Term Episcopal Commissioner, in Section Seven of the said Act of the Third and Fourth Years of KingWilliam the Fourth, Chapter Thirty-seven, shall be held to include, not only any Archbishop or Bishop acting as an Ecclesiastical Commissioner under the said Act or this Act, but also any Commissioner appointed by the said Lord Primate and Lord Archbishop of Dublin in manner in the said Act or herein provided.
II Commissioners may request Attendance of Bishop, &c.
II. In any Case in which the said Commissioners shall have under Consideration Matters specially affecting the Interests or Property of any Bishop, Dean, or Chapter ofIreland , such Commissioners may, if they think fit, request the Attendance at any Meeting at which such Matters are to be taken into consideration of any Bishop, Dean, or Member or Members of a Chapter whose Interests or Property such Matters shall or may affect, and he or they shall be at liberty to attend at any such Meeting, and to assist the said Commissioners with Information and Advice, but shall not vote, or, except as aforesaid, take any Part in the Proceedings of the said Commissioners.
III If Two Commissioners appointed, One only to be paid.
III. If after the passing of this Act Her Majesty or Her Successors shall under the Powers of Section Two of the Act of the Third and Fourth Years of KingWilliam the Fourth, Chapter Thirty-seven, appoint Two Ecclesiastical Commissioners, One only of the said Commissioners shall be a paid Commissioner.
IV As to Entries of Proceedings at Meetings of the Board.
IV. From and after the passing of this Act the Entry of the Proceedings at each Meeting of the said Commissioners shall and may, in the event of its not being signed by the Chairman of such Meeting, be signed by the Chairman of the Meeting of the said Commissioners next succeeding that at which such Proceedings were had or taken and such Entry made.
V Appointment of Solicitor.
V. It shall be lawful for the Ecclesiastical Commissioners to pay to the Solicitor or Attorney employed by them, in addition to any Disbursements or Expenses properly made and incurred by him in or about the Affairs and Business of the said Commissioners and by their Authority and Direction, such annual Salary not exceeding the Sum of Five hundred Pounds as they shall from Time to Time, with the Consent of the Lord Lieutenant testified in Writing under his Hand, think fit to allow; and such annual Salary so fixed as aforesaid shall be paid to the said Solicitor or Attorney for his personal Services, and such Sum not exceeding the Sum of Three hundred Poundsper Annum as the said Commissioners shall from Time to Time, with the like Consent as aforesaid, think fit to allow for the Expenses of his Office, and also in lieu of all Costs, Charges, Fees, and Emoluments whatsoever now payable or authorized by Law to be paid to such Solicitor or Attorney, any Act or Acts to the contrary notwithstanding: Provided always, that no Sum shall be paid to such Solicitor or Attorney on account of any Disbursements or Expenses as aforesaid unless approved by the Lords Commissioners of Her Majesty's Treasury, before whom the Particulars of all such Disbursements or Expenses shall be laid.
VI Power to grant Superannuation Allowance under the Authority of the Treasury.
VI. It shall and may be lawful for the Lords Commissioners of Her Majesty's Treasury, if they shall so think fit, on an Application for that Purpose under the Common Seal of the Ecclesiastical Commissioners forIreland , and signed by at least Three of the said Commissioners assembled at a Board held in pursuance of a Notice specially given for such Purpose, to grant to any of the said Ecclesiastical Commissioners receiving or who shall hereafter receive a Salary for his Services as such Commissioner, or to any Clerk or Officer of the said Ecclesiastical Commissioners who shall have been or who shall hereafter be duly appointed by the said Ecclesiastical Commissioners, such Superannuation Allowance as the said Lords Commissioners of Her Majesty's Treasury shall think proper to direct: Provided always, that such Commissioner, Clerk, or Officer shall have faithfully and diligently discharged the Duties of such Commissionership, Clerkship, or Office for a Period of not less than Twenty Years, or shall, from Age or Infirmity of Body or Mind, be permanently disabled from further discharging such Duties; provided also, that in ascertaining and awarding the Amount of such Superannuation Allowance for any Clerk or Officer the said Lords Commissioners of Her Majesty's Treasury shall take into their Consideration the entire Period during which any such Clerk or Officer shall have been employed under the said Ecclesiastical Commissioners, whether such Employment shall have been in any One or more Office or Offices, and all such Allowances as shall be so awarded and granted under the Authority aforesaid shall be paid and payable by the said Ecclesiastical Commissioners for the Time being out of the Funds by Law vested in them, and shall be charged and chargeable thereon and payable thereout during the Term of the natural Life of the Commissioner, Clerk, or Officer to whom the same shall be granted, or during such shorter Term as the said Lords Commissioners of Her Majesty's Treasury shall at the Time of awarding the same direct.
VII Ecclesiastical Commissioners empowered to advance Funds for providing licensed Places of Worship.
VII. Whenever any Application shall be made to the Ecclesiastical Commissioners forIreland , for the building or rebuilding of any Parochial Church, or any Parochial Chapel of Ease, or District Church or Chapel, in any Parish or Parochial District, wherein the Number of Inhabitants being Members of the United Church of England and Ireland shall not in the Judgment of the said Commissioners be such as to require such Church or Chapel to be immediately built or rebuilt, or the then existing State of the Funds at the Disposal of said Commissioners shall render it impracticable or inexpedient, according to their Judgment, to appropriate a Sum sufficient for the Erection of such Church or Chapel, then and in any such Case it shall and may be lawful for the said Commissioners, out of the Funds in their Hands or at their Disposal, to expend such Sum as may be necessary for the Erection or Alteration and Repairs of any House or other Building in the said Parish or Parochial District, as the Case may be, which the said Commissioners may deem sufficient and proper for the Accommodation of the Persons likely to attend Divine Worship therein, or to hire, purchase, or otherwise obtain the Use of any such House or other Building until the Funds in the Hands or at the Disposal of the said Commissioners shall be sufficient to enable them to erect a suitable Church or Chapel in such Parish or Parochial District, as the Case may be, and also to expend such Sums as shall be necessary for fitting-up, furnishing, and keeping in repair such House or other Building, and to supply the several Matters and Things requisite for the Performance of Divine Worship therein, in like Manner as the said Ecclesiastical Commissioners are now empowered and required to do in relation to Churches and Chapels: Providedalways, that previous to the Expenditure of any of the Funds at the Disposal of the said Commissioners for the Erection or Alteration and Repairs of any such Building as aforesaid, or for the Purchase, Hire, or fitting-up and furnishing of any such Building, the said Commissioners shall obtain the Consent and Approbation in Writing under the Hand of the Bishop or Ordinary of the Diocese in which such Building is proposed to be erected or fitted-up and used for the Celebration of Divine Service therein; and that without such Consent and Approbation first had and obtained, no such Building as aforesaid shall be erected or used for the Celebration of Divine Worship by or under the Authority of the, said Commissioners.
VIII Commissioners empowered to enter Churches for the Purposes of Repairs.
VIII. It shall be lawful for the Ecclesiastical Commissioners forIreland , their Architect or Architects, or any Person or Persons employed by them, by and with the Consent in Writing of the Bishop of the Diocese in which any Church, Chapel, or Churchyard shall be situate, or of his Commissary, at all convenient Times to enter any Church, Chapel, or Churchyard for the Purpose of executing any Works for building, rebuilding, enlarging, or repairing such Church or Chapel, or fencing or maintaining such Churchyard, or for the Purpose of inspecting and ascertaining the State of the Fabric of such Church or Chapel, as well previous to the Commencement of such Works as during their Progress, and with such Consent as aforesaid to make and execute such Alterations and Repairs in any such Church, Chapel, or Churchyard...
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