Church Temporalities Act, 1836

For removing Doubts as to the Provisions of the recited Act respecting the Precentorship of Christ Church, Dublin.

Proviso.

XXVI. ‘And whereas by the herein-before recited Act passed in the Fourth and Fifth Years of His Majesty’s Reign the Lord Lieutenant or other Chief Governor or Governors of Ireland, and His Majesty’s Privy Council there, are empowered, on the Recommendation of the said Ecclesiastical Commissioners, to order and direct that the Appointment to any 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, shall be suspended upon the next Avoidance until such Lord Lieutenant and Council shall think fit otherwise to direct, and that for and during such Period as such Dignity or Office 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 whereas Doubts have arisen whether the Provisions of the said Act apply to the Case of the Precentorship of the Church of the Holy and Undivided Trinity, otherwise called Christ Church, in Dublin, now vacant, by reason of the Cure of Souls in certain Parishes belonging in contemplation of Law to the said Precentor, although in fact such Cure has not been served by the Occupant of such Dignity, nor by any resident Curate employed at a sufficient Stipend: And whereas it is expedient to remove such Doubts, and also further to explain the said Act;’ be it therefore enacted, That the herein-before recited Provisions of the said Act shall be taken to extend to the said Precentorship, and also to all Dignities or Offices the Occupants whereof, although having in contemplation of Law Cure of Souls, habitual or actual, in any Parish or Parishes appropriated or in anywise belonging thereto, shall not for Three Years next preceding the First Day of January last have continuously served the Cure of Souls in such Parish or Parishes, either personally or by a Curate licensed thereto, or in case the Appointment, Presentation, or Collation of any Clerk to such Parish or Parishes shall have been suspended or hereafter shall be suspended under and by virtue of the said recited Act of the Third and Fourth Years of His present Majesty’s Reign; and also that the said Provisions of the said Act shall be taken to extend to all such Offices of or belonging to Cathedral Churches as in the said Act mentioned, although the same may not be Ecclesiastical Offices nor held by Ecclesiastical Persons, and also to all Cases where Tithes may have been held or enjoyed by the Occupants of such Dignities or Offices, though not in Law appropriated to them, and also to Cases where Lands only, or Land as well as Tithes, may have been so held and enjoyed or appropriated, or where the same may be under Lease: Provided always, that if it shall appear to the said Ecclesiastical Commissioners that there are any Curates, perpetual or stipendiary, serving the Cure of Souls within any Parish appropriated to any such Dignity or Office, and that the Stipends allowed to such Curates are insufficient, then and in such Case it shall be lawful for the said Ecclesiastical Commissioners, from and out of the Profits or Emoluments of the Parish so appropriated, to allow such Stipend to any such Curate, not exceeding One hundred Pounds per Annum, as they may think necessary with regard to the Duties to be by him discharged.