Church of Ireland Act 1824
| Jurisdiction | UK Non-devolved |
| Citation | 1824 c. 91 |
(5 Geo. 4) C A P. XCI.
[21st June 1824]
'WHEREAS several Acts were passed in the Parliament ofIreland , that is to say; one Act in the Thirty sixth Year of the Reign of His Majesty King Henry the Sixth, intituled An Act that beneficed Persons shall keep Residence ; one other Act in the Tenth and Eleventh Years of the Reign of His Majesty King Charles the First, intituled An Act to enable Restitutions of Impropriations and Tithes, and other Rights Ecclesiastical, to the Clergy, with a Restraint of aliening the same, and Directions for Presentation to the Churches ; one other Act in the Sixth Year of the Reign of His late Majesty King George the First, intituled An Act for the better Maintenance of Curates within the Church ofIreland; one other Actin the First Year of the Reign of His Majesty KingGeorge the Second, for explaining and amending the said Act of the Sixth Year of King George the First, for the better Maintenance of Curates within the Church of Ireland ; and one other Act in the Fortieth Year of the Reign of His late Majesty King George the Third, intituled An Act for the further Support and Maintenance of Curates within the Church ofIreland: And Whereas an Act was passed in the Parliament of the United Kingdom ofGreat Britain and Ireland , in the Forty eighth Year of the Reign of His said late Majesty, intituled An Act for enforcing the Residence of Spiritual Persons on their Benefices inIreland: And Whereas Doubts have arisen upon the Construction of some of the Provisions of the said Acts, and it is therefore necessary that such Provisions of the said Acts should be explained, and other Provisions made, and that the several Laws for enforcing of Residence, and the Maintenance of Stipendiary Curates inIreland , should be amended; and that Spiritual Persons in Ireland should in certain Cases be restrained from buying and selling:' May it therefore please Your Majesty that it may be enacted; and be it 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 Authorityof the same, That from and after the passing of this Act, the said recited Act passed in the Reign of His Majesty KingHenry the Sixth, and so much of the said recited Act of His Majesty KingCharles the First, as relates to Gifts, Grants, Alienations, Forfeitures, Charges and Incumbrances imposed, laid or suffered by any Minister or other Beneficer therein mentioned, or by any Parson, Vicar or other Beneficer having Cure of Souls, and to Residence of Spiritual Persons on their Benefices; and also so much of the said recited Acts of the Parliament of Ireland , made in the Sixth Year of KingGeorge the First, and in the First Year of King George the Second, and in the Fortieth Year of King George the Third, as relates to the Maintenance of Curates within the Church of Ireland , and making Provisions for appointing Stipends for such Curates; and the whole of the said recited Act passed in the Fortyeighth Year of the Reign of KingGeorge the Third shall be and the same are respectively hereby repealed.
II No Spiritual Person beneficed, or performing Ecclesiastical Duty, to engage in Trade, or buy to sell again for Profit or Gain.
II. And be it further enacted, That no Spiritual Person having or holding any Dignity, Prebend, Canonry, Benefice, Stipendiary, Perpetual or Impropriate Curacy or Lectureship, shall, by himself, or by any other for him or to his Use, act as Treasurer of any County, or engage in or carry on any Trade or Dealing for Gain or Profit, or be an Agent or Factor for any Estate, or deal in any Goods, Wares or Merchandize, by buying and selling for Lucre, Gain or Profit in any Market, Fair or other Place, upon Pain of forfeiting the Value of the Goods, Wares and Merchandizes by him or by any to his Use, bargained and bought to sell again, contrary to the Provisions of this Act; and that every Bargain and Contract so made by him or by any to his Use, in any such Trade or Dealing or Agency, contrary to this Act, shall be utterly void and of none Effect; and the One Half of every such Forfeiture shall go to His Majesty, and the other Half to him that will sue for the same.
III Proviso for Spiritual Persons keeping Schools, or as Tutors, &c. in respect of any Thing done in such Employment, or for the Use of the Family, or occupying any Glebe, &c.
III. And be it further enacted, That nothing in this Act contained, in relation to being engaged in Trade or Dealing, or buying or selling, shall extend or be construed to extend to, or to subject to any Penalty or Forfeiture any Spiritual Person for keeping a School or Seminary, or acting as a Schoolmaster or Tutor or Instructor, or being in any Manner concerned or engaged in giving Instruction or Education for Profit or Reward, or for buying or selling, or doing any other Act, Matter or Thing in the Conduct of or carrying on, or in relation to the Management of any such School, Seminary or Employment; or to any Spiritual Person whatever for the buying of any Goods, Wares or Merchandizes, or Articles or Things of any Description, which shall, without Fraud or Covin, be bought to the Intent and Purpose, at the buying thereof, to be used and employed by the Spiritual Person buying the same for his Family or in his Household; and after the buying of any such Goods, Wares or Merchandizes, or Articles or Things, the selling the same again or any Parts thereof which such Person may not want or choose to keep, although the same shall be sold at any advanced Price beyond that which may have been given for the same, or for any buying or selling again for any Lucre, Gain or Profit of any Matter of Cattle or Corn, or other Matters or Things whatever, necessary, proper or convenient to be bought, sold, kept or maintained by any Spiritual Person, or any other Person for him or to his Use for the Occupation, Manuring, Improving, Pasturage or Profit of any Glebe, Demesne, Farms, Lands, Tenements or Hereditaments which may be lawfully held and occupied, possessed and enjoyed by such Spiritual Person, or any other for him or to his Use: Provided always, that nothing herein contained shall extend or be construed to extend to authorize any such Spiritual Person to sell any Cattle or Corn or other Matters or Things as aforesaid in Person in any Market, Fair or Place of public Sale.
IV Nonresidence without Licence exceeding Three and not exceeding Six Months.
IV. And be it further enacted, That from and after the passing of this Act, every Spiritual Person holding any Benefice who shall, without any such Licence or Exemption as is in this Act allowed for that Purpose, wilfully absent himself therefrom for any Period exceeding the Space of Three Months together, or to be accounted at several Times in any one Year, and make his Residence and Abiding at any other Place or Places, except at some other Benefice, Donative, Perpetual Curacy or Parochial Chapelry, of which he may be possessed, shall, when such Absence shall exceed such Period as aforesaid, and not exceed SixMonths, forfeit and pay One Third of the annual Value (deducting therefrom all Outgoings, except any Stipend paid to any Curate), of the Benefice, Donative, Perpetual Curacy or ParochialChapelry from which he shall so absent himself as aforesaid; and when such Absence shall exceeed Six Months, and not exceed Eight Months, One Half of such annual Value; and when such Absence shall exceed Eight Months, Two Thirds of such annual Value; and when such Absence shall have been for the Whole of the Year, Three Fourths of such annual Value; to be recovered by Action of Debt, Bill, Plaint or Information in any of His Majesty's Courts of Record atDublin , wherein no Essoign, Privilege, Protection or Wager of Law, or more than One Imparlance, shall be allowed; and the Whole of every such Penalty or Forfeiture shall go and be paid to the Person or Persons who shall inform and sue for the same, together with such Costs of Suit as shall be allowed, according to the Practice of the Court in which such Action shall be brought.
V Where no House belonging to the Benefice, &c. Residence within the Limits of Parish, &c. deemed legal Residence.
V. And be it further enacted, That every Spiritual Person having any Benefice, and who shall not have any House of Residence thereon, and who shall have resided Nine Months in the Year within the Limits of his Benefice, or within the Limits of the City, Town, Place or Parish in which his Benefice may be situated, provided such last mentioned Residence be within the Distance of Two Miles from the Church or Chapel of his Benefice, shall not be liable to any Penalties on account of Nonresidence, nor be obliged to take out any Licence in respect thereof, but that the same shall be deemed a legal Residence to all the Intents and Purposes of this Act; and in all Returns made by the Bishops, Persons so residing shall be returned as resident.
'VI. And Whereas the Trustees and Commissioners of the First Fruits of Ecclesiastical Benefices inIreland may have in some Instances purchased and may hereafter purchase...
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