Church Temporalities Act, 1834

CHURCH TEMPORALITIES ACT 1834

C A P. XC.

An Act to amend an Act made in the Third and Fourth Year of the Reign of His present Majesty, intituled An Act to alter and amend the Laws relating to the Temporalities of the Church of Ireland. [15th August 1834.]

3 & 4 W. 4.c.37.

The Appointment to Sinecure Dignities may be suspended by Lord Lieutenant and Council, on the Recommendation of the Ecclesiastical Commissioners.

Whereas an Act was passed in the last Session of Parliament, intituled An Act to alter and amend the Laws relating to the Temporalities of the Church in Ireland: And whereas it is expedient to amend the said Act:’ Be it therefore enacted by the King’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, That it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland for the Time being, and His Majesty’s Privy Council there, in the Case of the Deanery of Lismore now vacant, when they shall so think fit, at any Time after the passing of this Act, and in the Case of any and every other Ecclesiastical Dignity or Office under the Rank of an Archbishoprick or Bishoprick, the Person holding which shall not have actual Cure of Souls within any Parish appropriated thereto, and also in the Case of any and every Rectory whereof the King shall be Patron, or the Right of Presentation or Collation whereunto shall be in any Archbishop, Bishop, or other Dignitary, or in any Ecclesiastical Corporation, and the Rector whereof shall not have actual Cure of Souls therein, whensoever after the passing of this Act any such Dignity, Office, or Rectory shall become void in any Manner whatsoever, upon the Recommendation of the Ecclesiastical Commissioners for Ireland, signified by any Instrument under their Corporate Seal, if the said Lord Lieutenant or other Chief Governor or Governors and Council shall so think fit, to order and direct that the Appointment to such Dignity, Office, or Rectory shall be suspended until such Lord Lieutenant or other Chief Governor or Governors and Council shall think fit otherwise to direct; and in the meantime, and for and during such Period as such Dignity, Office, or Rectory shall remain vacant, all and every the Tithes, Glebes, Lands, Rents, Profits, and Emoluments whatsoever belonging or appertaining thereto, and all Arrears of such Tithes, Rents, Profits, and Emoluments which may have accrued due since the same may have become void as aforesaid, shall be vested in and received by the said Ecclesiastical Commissioners, to be by them applied towards the like Purposes as the other Monies and Funds accruing to or vested in them under the Provisions of the said Act; and the said Ecclesiastical Commissioners shall have all and every the like Remedies for the Recovery of such Tithes, Glebes, Rents, Lands, Profits, and Emoluments, and all Arrears thereof, as any Person filling such Dignity, Office, or Rectory might or would have, and shall be for all such Intents and Purposes in the Place and Stead of such Person: Provided always, that in the Case of any such Suspension as aforesaid it shall and may be lawful for the Chapter of any Diocese or Cathedral Church, or Members thereof, to nominate and appoint some fit and proper Person to perform and exercise all such Acts and Duties in relation to the Property of any such Chapter or Cathedral Church or otherwise as might or ought to have been or be performed or exercised by any Successor in such Dignity or Office so suspended if such Successor had been appointed; and such Person so nominated and appointed shall have all such Powers and Authorities, and be subject to all such Liabilities, in relation to the Performance of such Acts and Powers, Spiritual or other Duties, as any such Successor, if duly appointed, would have had or been subject to; and all the Acts of the Persons so appointed shall be of equal Force and Validity as the Acts of any such Successor if so appointed.