Irish Church.

annuity, they may, if they think fit, instead of paying such sum at once, elect to pay the same by half-yearly instalments, not exceeding eight in number, together with interest at the rate of three and a half pounds per cent. on any part of the capital for the time being remaining unpaid.

Where the representative body of the said Church is liable to pay any capital sum to the Commissioners, such capital sum may be paid by twenty-two yearly instalments, with interest at the rate of three and a half per cent. on the amount of the purchase money remaining unpaid, to be secured in such manner as the Commissioners think expedient.

54. If in any case in which the Commissioners are by this Act authorized or directed to sell any property it appears to them to be expedient that the same should be sold, or the sale thereof carried out, in the Landed Estates Court in Ireland, it shall be lawful for the Commissioners so to declare by order, and to direct that such sale shall be effected or carried out by the said court, and thereupon such sale shall be effected or carried out in and by the said court accordingly; but any. right of pre-emption hereinbefore declared shall be as far as possible preserved in the said court; and the conveyance of the premises so to be sold, or the sale of which may be carried out, under any such order, shall be executed by a judge of the said court, and shall have the same force and operation in all respects as if the same were so executed in a matter in which an absolute order for sale of the said premises had been duly made by the said court on a petition filed therein for that purpose.

Sales of lands, &c. may be made in Landed Estates Court.

55. The vesting of any property in the Commissioners under Saving claim this Act shall not preclude any person entitled from recovering of arrears of any arrears of rent, interest, or other sums payable at the time of rent, &c. such vesting, out of or in respect of such property, and such arrears, interest, or other sum may be recovered by such person in the same manner in all respects as if such vesting had not taken place; and where any person is deprived of any rent, interest, or other sum payable out of or in respect of property by reason of such property vesting in the Commissioners under this Act, the Commissioners, after deducting any rates or charges payable thereout, shall pay to such person a proportionate part of such rents, interest, and other sums in respect of the time that may have intervened between the last day at which such person was entitled to receive such rents, interest, or sums, and the time of the vesting of the property in the Commissioners.

56. Where any person who (if not under disability) might have Provision for made any application, given any consent, done any act, or been other persons party to any proceeding under this Act, is an infant, idiot, or under dislunatic, the guardian or committee of the estate respectively of ability. such person may make such applications, give such consents, do such acts, and be party to such proceedings, as such person respectively, if free from disability, might have made, given, done, or been party to, and shall otherwise represent such person for the purposes of this Act: where there is no guardian or committee of the estate of any such person as aforesaid, being infant, idiot,

Irish Church,

Provision as to incapacitated

owners.

Power to

missioners to enter upon

land.

or lunatic, or where any person the committee of whose estates if he were idiot or lunatic would be authorized to act for and represent such person under this part of this Act is of unsound mind or incapable of managing his affairs, but has not been found idiot or lunatic under an inquisition, it shall be lawful for the Court of Chancery to appoint a guardian of such person for the purpose of any proceedings under this Act, and from time to time to change such guardian; and where the court sees fit it may appoint a person to act as the next friend of a married woman for the purpose of any proceeding under this Act, and from time to time remove or change such next friend.

57. If in any case any such advowson or building charge as is mentioned in this Act is so circumstanced as that there is not in the opinion of the Commissioners any person competent to give an effectual discharge for the compensation or amount payable in respect thereof, or if the person or any of the persons claiming to be entitled thereto do not deduce his or their title to the satisfaction of the Commissioners, or if any doubt or other difficulty whatsoever arise in relation to the premises, it shall be lawful for the Commissioners so to declare by order, and thereupon the compensation or amount so payable by the Commissioners shall be paid into the Bank of Ireland, ex parte the Commissioners, to be dealt with in the same manner in which purchase money payable to parties under disability is paid into the Bank of Ireland and dealt with in pursuance of The Land Clauses Consolidation Act, 1845; and in the construction of that Act this Act shall for the purposes of this section be deemed to be the special Act.

58. Any surveyor or other person employed by the Commisofficers of Com- sioners for the purpose of ascertaining the value of any land or buildings which, or the reversion of which, may be vested in the Commissioners under this Act, may enter upon such land or buildings at all reasonable times during the day, upon making full compensation for any damage he may do for the purpose of making a valuation of such land or buildings, or ascertaining the several matters and things necessary to be ascertained by the Commissioners for the purpose of carrying this Act into effect.

Commissioners

to raise money for the purposes of the Act.

missioners.

Power of the Commissioners to raise Money.

59. The Commissioners may, with the consent of the Commissioners of Her Majesty's Treasury, from time to time raise such sums of money as they may think expedient for the purpose of carrying into effect any of the provisions of this Act, and the Commissioners may give as security for the repayment of any monies so raised, and of interest thereon, the whole or any part of the property vested in them by this Act.

Power to Trea60. The Commissioners for the Reduction of the National sury to advance Debt, if they think fit, with the approval of the Commissioners of money to Com- Her Majesty's Treasury, may from time to time out of any money in their hands under the Act of the session of the twenty-sixth and twenty-seventh years of Her Majesty (chapter eighty-seven), "to consolidate and amend the laws relating to savings banks," or under the Act of the session of the twenty-fourth and twenty

Irish Church.

fifth years of Her Majesty (chapter fourteen), " to grant additional "facilities for depositing small savings at interest with the security "of the Government for due repayment thereof," or under both those Acts, advance to the Commissioners, with such guarantee as is by this Act authorized (but not otherwise), the whole or any part or parts of the money which by this Act the Commissioners are authorized to raise.

61. It shall be lawful for the Commissioners of Her Majesty's Power for Treasury, if they think fit, from time to time to guarantee the Treasury to payment of the principal and interest of all or any part of guarantee advance to Commoney for the time being raised by the Commissioners in pursuance missioners. of this Act.

any

62. Any security given by the Commissioners in pursuance of Form of secuthis Act shall be in such form, and may contain such powers of rity and guasale or otherwise, as the Commissioners of Her Majesty's Treasury rantee. may approve, and there shall be certified thereon, in such form as the said Commissioners of Her Majesty's Treasury may direct, the guarantee to be given by the last-mentioned Commissioners in pursuance of this Act.

Consolidated

Fund.

63. For the purpose of giving effect to the guarantee aforesaid, Guarantee to it shall be lawful for the Commissioners of Her Majesty's Treasury, be based on from time to time, in aid of any money applicable under this Act, for payment of principal and interest for the time being accrued due in respect of any monies raised by the Commissioners in pursuance of this Act, to cause to be issued out of the Consolidated Fund of the United Kingdom, or the growing produce thereof, such sums as may be necessary for payment of the same principal and interest, or of any part thereof respectively.

64. In case any money is at any time issued out of the said Repayment to Consolidated Fund in pursuance of the guarantee aforesaid, the Consolidated Commissioners of Her Majesty's Treasury shall cause the same Fund. to be repaid to the said Consolidated Fund out of the funds in the hands of the Commissioners.

Arbitration.

65. Arbitrations under this Act shall be conducted in manner Rules as to directed by The Railway Clauses Consolidation Act, 1845, and for arbitration. this purpose the clauses of the said Act with respect to the settlement of disputes by arbitration shall be incorporated herewith, subject to the qualification that, in cases where the Board of Trade is thereby authorized to appoint an umpire, the Commissioners of Public Works in Ireland shall have power to appoint the same.

Temporary Provisions.

66. If any vacancy occur in any archbishopric, bishopric, Regulation as benefice, or cathedral preferment in or connected with the said to vacancies. Church between the date of the passing of this Act and the first day of January one thousand eight hundred and seventy-one, the following enactments shall be made with respect to such vacancy (1.) All property, real and personal, belonging or in anywise appertaining to or appropriated to the use of any such vacant archbishopric, bishopric, benefice, or cathedral

:

Irish Church.

preferment, or belonging or in anywise appertaining to or appropriated to the use of any person as holding any such archbishopric, bishopric, benefice, or cathedral preferment, shall vest in the Commissioners, subject to any quitrents, head rents, leases, and other tenancies, charges, and incumbrances affecting the same :

(2.) Her Majesty may in the case of a vacant archbishopric, on the requisition of any three bishops of the province, and in the case of a bishop on the requisition of the archbishop of the province in which such bishopric is situate, or of any three bishops of the same province, fill up the vacancy; but no archbishop or bishop so appointed shall be summoned to or be qualified to sit in the House of Lords, and he shall be subject to the provisions hereinafter mentioned:

(3.) In the case of any vacant benefice or cathedral preferment, such vacancy may be filled up by the same person or persons who would have been qualified to fill up the same if this Act had not passed, but the person so appointed shall be subject to the provisions herein-after mentioned:

(4.) Every person appointed to fill any vacancy in pursuance of this section shall be subject to all the provisions of this Act, and he shall not be entitled to any compensation in respect of any annuity or other interest of which he may be deprived by virtue of this Act; and no person appointed to fill any vacancy in pursuance of this section shall be liable to pay any ad valorem duty or tax to the Crown, or any ad valorem fees to the ecclesiastical registries, neither shall he be bound to pay any building charge upon the preferment or benefice in which the vacancy shall have occurred:

Provided always, that if the owner of any archbishopric, bishopric, benefice, or cathedral preferments, or any curate, be appointed to fill a vacancy in any other archbishopric, bishopric, benefice, or other cathedral preferments, such person, notwithstanding such apppointment, shall still have and retain all such life estate or interest and all the rights and privileges to which he would have been entitled if he had not accepted such appointment, and in the meantime he shall pay over the net income of the archbishopric, bishopric, benefice, or cathedral preferment held by him at the time of such appointment to the representative body of the said Church, who shall thereout make such provision for the discharge of the spiritual duties in the said last-mentioned archbishopric, bishopric, benefice, or cathedral preferment, or curacy, as, in the case of an archbishopric or bishopric, shall be directed in writing by the person or persons authorized thereto by the representative body of the said Church, or, in the case of a benefice or cathedral preferment, by the bishop of the diocese for the time being, or, in case of a curate whose salary is deducted under this Act, by the incumbent from whose income such salary has been deducted:

Irish Church.

(5.) The Commissioners may pay to any person appointed to fill a vacancy in pursuance of this section, during such time as he may occupy his office between the date of the passing of this Act and the said first January one thousand eight hundred and seventy-one, a sum equal, as nearly as the Commissioners can determine, to the net annual income of the archbishopric, bishopric, benefice, or cathedral preferment to which he is appointed, or a proportionate part thereof, according as he holds his office for the whole time or a portion only of such time. 67. In case of any commutation as herein-before provided it As to exclushall be lawful for the Commissioners, at the desire of the holder sion of house, of any archbishopric, bishopric, benefice, or cathedral preferment, &c. in cases of to exclude from such commutation any house or land reserved to such holder by this Act which shall be in his actual occupation; but in such case the building charges, if any, to which he shall be entitled shall not become payable under section twenty-four of this Act, but payable at the termination of his life interest under section fifty.

Surplus.

commutation.

68. And whereas it is further expedient that the proceeds of Ultimate trust the said property should be appropriated mainly to the relief of of surplus. unavoidable calamity and suffering, yet not so as to cancel or impair the obligations now attached to property under the Acts for the relief of the poor: Be it further enacted, that the said proceeds shall be so applied accordingly in the manner Parliament shall hereafter direct.

Saving Clauses.

69. In all enactments, deeds, and other documents in which Provision as to mention is made of the United Church of England and Ireland, Acts relating the enactments and provisions relating thereto shall be read dis- to United tributively in respect of the Church of England and the Church of Ireland, but, as to the last-mentioned Church, subject to the Ireland. provisions of this Act.

Church of

England and

70. Nothing in this Act contained shall affect the patronage Saving rights or right of presentation to any proprietary or district parochial as to propriechurch or endowed chapel of ease which has been endowed out of tary chapels and chapels of private funds, or affect the property in any such church or chapel, ease. or the property held for the purposes of or appropriated to the use of the same, or affect the continuance of the trust relating thereto as originally constituted.

71. Nothing herein contained shall affect the Act of the session Saving of Act of the thirty-ninth and fortieth years of the reign of King George of 39 & 40 G. 3. the Third, chapter sixty-seven, and intituled "An Act for the c. 67., &c. Union of Great Britain and Ireland," or an Act of the Irish Parliament passed in the fortieth year of the reign of King George the Third, and also intituled "An Act for the Union of Great Britain and Ireland," or anything done thereby, except in so far as relates to the union of the Churches of England and Ireland, and except as expressly herein-before provided.