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IV. • And Whereas it is necessary to make a Provision for the • Endowment of the said Chaplaincy, and for the Maintenance • of the Chaplain and his Successors; and that the Dean of Christchurch aforesaid, to whose Deanery the said Parish of Monkstown • is appropriate, has proposed and is willing, as far as in him lies, • and with the Consent of the Chapter of the said Cathedral, to • give certain Lands and Tenements, with their Appurtenances, • belonging to the Deanery aforesaid, situate within the Parish • aforesaid at Dalkey, consisting of Twelve Acres One Rood and

Eight Perches English Statute Measure, described in a certain * Lease bearing Date the Fifteenth Day of January in the Year

of our Lord One thousand eight hundred and twenty-eight, and • made between the Dean of Christchurch aforesaid of the one • Part, and Henry Lindsay Esquire of the other Part, as Part • Endowment of the said Chaplaincy, and to settle and convey • the same to the Use of the first and other Chaplains thereof • in Perpetuity; and Henry Lindsay, the Tenant in Possession of • the said Land and Tenements, holding of the said Dean under • the said Lease, has proposed and is willing to surrender his * Lease and Interest in the same to the said Dean;' Be it there. Endowment of fore enacted, That it shall and may be lawful for the said Dean the Chapel. of Christchurch, and his Successors, Deans of Christchurch, at any Time after the passing of this Act, to grant and convey to the said Reverend Charles Lindsay, the Incumbent or Perpetual Curate aforesaid, and his Successors, the aforesaid Lands and Tenements, with their Appurtenances, belonging to the Deanery aforesaid, situate within the Parish aforesaid, of Dalkey, consisting of Twelve Acres One Rood and Eight Perches English Statute Measure as aforesaid, and for any other Proprietor of Land within the said Parish of Monkstown, notwithstanding such Proprietor may be seised only for an Estate for Life or in Tail therein, at any Time after the passing of this Act, to grant and convey to the said Reverend Charles Lindsay, the Incumbent or Perpetual Curate aforesaid, and his Successors, any Quantity of Land within the said Parish of Monkstown, or any of the ancient Parishes now forming the Parish of Monkstown, not exceeding Eight Acres English Statute Measure, in Trust and to and for the sole Use and Benefit of the first and other Chaplains to be constituted and appointed in manner hereinafter provided ; and that so soon as any Chaplain shall have been duly appointed under the Provisions of this Act, then and from thenceforth the said Lands and Tenements, with their Appurtenances, so granted or to be granted by the said Dean, and any other Proprietor of Ground in said Parish, to the Use of the said Chaplain, and all the Right, Title, and Interest therein of them the said Dean and such Proprietor as aforesaid, shall become vested in Possession in the said Chaplain and his Successors, Chaplains of the said Chaplaincy, for ever, and he and they shall thenceforth stand seised thereof in like Manner as if the said Grant and Conveyance or Grants and Conveyances had been made directly to themselves, any Statute of Mortmain or any other Law to the contrary notwithstanding: Provided, however, that nothing in this Act contained shall be construed to diminish, or in anywise affect, save as aforesaid, the Interest of any Tenant or Tenants of any

of

grant Leases

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of the Lands proposed to be conveyed, and now holding the same by virtue of any subsisting Demise under the said Dean or such

Proprietor as aforesaid. Lands to be

V. Provided always, and be it enacted, That in case a Chaplain conveyed to shall have been duly constituted and appointed, pursuant to the the Chaplain. Provisions of this Act, before the said Grants and Conveyances,

or either of them, shall have been duly made and carried into Effect, then and in such Case it shall and may be lawful for the said Dean and such other Proprietor, or either of them, to convey the said Lands and Tenements, with their_Appurtenances, and other Land, not exceeding Eight Acres English Statute Measure, in respect to such Proprietor, to such Chaplain and his Successors, to his and their own sole Use and Benefit; any Statute

of Mortmain or other Law to the contrary notwithstanding. Enabling VI. · And Whereas the Value of the said Lands and Tenements, Chaplain to with their Appurtenances, belonging to the Deanery aforesaid,

' proposed to be granted and conveyed by the said Dean to the for a Term of

• Use and Benefit of the first and other Chaplains aforesaid in Years.

• Perpetuity, would be much augmented and increased, if the

said Chaplain and his Successors, Chaplains of the said Chap• laincy, were empowered by Law to grant Leases of the same, o so as to bind their Successors for a Term of Years ;' Be it therefore enacted, That it shall be lawful for the said Chaplain and his Successors, when duly constituted and appointed in manner hereinafter provided, with the Consent in Writing of the Archbishop of Dublin and the Dean of Christchurch aforesaid respectively for the Time being, to grant a Lease of said Lands and Tenements, with their Appurtenances, or of any Part thereof, for any Term of Years not exceeding Sixty Years from the Time of the Execution of such Lease, at the full improved yearly Value of said Lands and Tenements with their Appurtenances, without taking any Fine, or any other pecuniary Consideration whatsoever : Provided always, that if any Fine or other pecuniary Consideration should be taken by said Chaplain or his Successors, or if he should grant a Lease of said Lands and Tenements, with their Appurtenances, or any Part thereof, without the Consent in Writing of the said Archbishop of Dublin and the said Dean of Christchurch respectively for the Time being first had and obtained, in such Case, or in either of such Cases, the said Lease so granted shall be ipso facto void, without any

Process or Judgment of Law. Patronage of VII. And be it further enacted, That the Patronage of the the Chaplaincy said Chaplaincy shall be in the Perpetual Curate of Monkstown, to be in the and his Successors; and that it shall and may be lawful for the said Perpetual

Charles Lindsay, the now Perpetual Curate of the said Parish of Curate of Monkstown,

Monkstown, or his Successors, Perpetual Curates of the same, at who shall any Time after the passing of this Act, to nominate to his Grace nominate the William Lord Archbishop of Dublin, and his Successors, ArchChaplain. bishops of Dublin, a fit and proper Person, being a Priest in Holy

Orders of the Established Church, and not being possessed of any other Cure or Benefice, or Ecclesiastical Preference with Cure of Souls, to be licensed and appointed to the Chaplaincy of the said Chapel of Killiney; and that the said Chaplain, when so nominated, licensed, and appointed, shall be Perpetual Chaplain of said Chaplaincy, and shall officiate as such; and that then and thereafter, and so often as the said Chaplaincy shall become void by the Death, Resignation, or other Removal of any first or other Chaplain filling the same, it shall be lawful for the Perpetual Curate of said Parish of Monkstown, and his Successors, to nominate to the Archbishop of Dublin for the Time being a fit and proper Person, being a Priest in Holy Orders, and not being possessed of any other Cure or Benefice, or Eccesiastical Preferment with Cure of Souls, to be licensed and appointed as aforesaid, who shall thereafter and by virtue of such Nomination and Licence forthwith be entitled to officiate as Chaplain, and to take and receive to his own Use all the Fruits, Profits, Rents, and Emoluments whatsoever unto the said Chaplaincy belonging; and that the said Chapel, when built as provided, and the Chaplains thereof for the Time being, shall be for ever subject to the Visitation of the said Archbishop of Dublin, and his Successors.

VIII. Provided always, and be it enacted, That in case the said In case the Perpetual Curate of Monkstown shall omit or neglect, for the Perpetual

Curate shall Space of Three Calendar Months, to nominate a fit Person to the

omit to nosaid Archbishop and his Successors, to be licensed and appointed minate a Chapas aforesaid, that then and in such Case it shall and may be lawful lain within a for the said Archbishop of Dublin, and his Successors, Arch- certain Time, bishops of Dublin, to appoint a Chaplain as in a Case of Lapse, the Archbishop and such Chaplain shall be the lawful Successor in the said Chap- of Dublin may. laincy: Provided, however, that if any Chaplain shall die, resign, or be removed during any Vacancy of the said Perpetual Cure or Benefice of Monkstown, no Time running during such Vacancy shall be counted as a Lapse of the Right of Nomination to such Chaplaincy, or as any part of the Period of Three Months constituting a Lapse, or as in any Manner defeating or running against the said Right of Patronage of the Incumbent of Monkstown, but that such Period of Time shall be counted only during the Plenarty of said Benefice or appropriate Curacy of Monkstown, and begin to run only from the Time when the said Curacy or Benefice of Monkstown shall be full of a Curate or Incumbent.

IX. And be it enacted, That the said Chaplain, and his Suc- Chaplaincy cessors, Chaplains as aforesaid, shall be and they and each of them to be incorpoare and is hereby incorporated and made One Body Politic and rated. Corporate, by the Name of Chaplains of the Chapel of Killiney in the Parish of Monkstown, and that they and every of them shall be capable to sue and be sued in all Courts and Places in that Part of the United Kingdom of Great Britain and Ireland called Ireland, and by such Name to take and receive any Lands, Tenements, or Property whatsoever, Real or Personal, not exceeding in the whole the clear yearly Value of Two hundred Pounds, by Gift, Grant, Devise, or otherwise, in Augmentation of the said Endowment, and to the Use and Behoof of them and their Successors for ever; and that the Trustees and Commissioners of the First Fruits of the several Benefices of Ireland may grant to the said Chaplain and Chaplains, and any of them in Succession, any Sum of Money out of the Funds vested in them for Public Purposes, either by way of Gift or Loan, for the enabling said Chaplain, or any succeeding Chaplain, to build a House of Residence, and also for the enabling him to purchase any Lands, Tenements,

or

or Hereditaments, as an additional Endowment of the said Chaplaincy; and that the said Trustees and Commissioners may exercise all such Powers and Authority in favour of the said Chaplain, and his Successors, Chaplains of the said Chapel of Killiney, as they are empowered to do in favour of any Perpetual Curate by any Law now in being; and that all Laws and Statutes now in force in that Part of the United Kingdom called Ireland, for and in relation to the Purchase, procuring, building, and improving on Glebes and Glebe Lands to be held, provided, and enjoyed by Perpetual Curates, shall be and are hereby enacted to extend to the said Chaplaincy of the Chapel of Killiney, and the Lands, Houses, and Improvements to belong and to be made, erected, and procured by the Chaplains of the said Chaplaincy for the

Time being. Chaplain to X. And be it further enacted, That the said Chaplain, and his reside within

Successors, Chaplains of the said Chapel of Killiney, shall reside the Parish of

within the Parish of Monkstown, and as near as conveniently may Blonkstown.

be to said Chapel when erected, and shall be bound to the Duty of Residence as any Perpetual Curates are by Law bound; and that if any such Chaplain shall at any Time be nominated and licensed or presented to any other Curacy, or presented, instituted, or collated to any Benefice or Ecclesiastical Preferment with Cure of Souls, then and in such Case the said Chaplaincy of the Chapel of killiney aforesaid shall be ipso facto void, and the Acceptance of such Čuracy, Preferment, or Benefice, shall be held to be and amount to a Resignation of the said Chaplaincy of Killiney, to which it shall be thereupon lawful for the Incumbent of Monkstown to nominate another fit Person as aforesaid to be licensed by the Archbishop; and in Failure of such Nomination within those Months from such Acceptance, to be counted and computed as aforesaid, it shall be lawful for the Archbishop to appoint the Chaplain as in a Case of Lapse as aforesaid ; and such Chaplain, so appointed by the Archbishop, shall be the lawful

Successor in the said Chaplaincy. Commissioners XI. And be it further enacted, That it shall and may be lawful of First Fruits for the Trustees and Commissioners of the First Fruits of the may advance

Benefice in Ireland, to give any Sum of Money which may appear Money for

to them proper and sufficient for the building and completing of building the Chapel.

the said intended Chapel of Ease at Killiney aforesaid, and to exercise for that Purpose all such Powers and Authority as are now vested in them, in respect of the building new Churches and Chapels in that Part of the United Kingdom of Great Britain and

Ireland called Ireland. Chapel, when XII. And be it further enacted, That the said Chapel of Ease, completed, to when built and completed, shall thenceforward be maintained and be maintained repaired, and found in all needful Things, at the Expence of the and repaired at said Parish of Monkstown, in like Manner as other Parochial the Expence of Chapels of Ease are maintained, repaired, and provided by the the Parish of Monkstown.

Laws and Statutes now in being; and that the Ordinary of the Diocese of Dublin, in which said Parish of Monkstown is situate, and the Minister and Churchwardens of the said Parish, and the Inhabitants of the same in Vestry assembled, shall have and exercise all such Powers, and be subject to all such Duties in respect of said Chapel, as in like Cases Ordinaries, Ministers,

Church

Churchwardens, and Vestries exercise or are subject to by any Law now in being, or by any Statute hereafter to be enacted, and particularly under and by virtue of a certain Statute made in the Seventh Year of His present Majesty, intituled An Act 76. 4. c. 72. to consolidate and amend the Laws which regulate the Levy and Application of Church Rates and Parish Cesses, and the Election of Churchwardens, and the Maintenance of Parish Clerks in Ireland.

XIII. • And Whereas by an Act made in the Parliament of Ire- Act 2 G. 1. (1.) land, in the Second Year of the Reign of King George the First, for Union and • intituled An Act for the real Union and Division of Parishes, it Divisions of

Parishes. ' is (amongst other Things) enacted, that all Acts of Parliament

for the uniting or disuniting of particular Parishes or Parts of • Parishes, or erecting particular Churches, shall be deemed as • Public General Acts in all Courts and by all Persons, and that (no Fees shall be taken by any Person or Persons for passing any • such Act of Parliament: And Whereas it is expedient that the Act to be a • like Provision should be made in this Case;' Be it therefore Public Act, enacted, That this present Act is and shall be deemed a Public and not to be and General Act, and shall be judicially taken notice of as such Payment of in all Courts, and by all Judges, Justices, and others, without Fees. being specially pleaded; and that no Fees shall be paid or taken by any Person or Persons for passing the same.

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CAP. LIII.
An Act to repeal several Acts and Parts of Acts in force in

Ireland, relating to Bail in Cases of Felony, and to certain
Proceedings in Criminal Cases, and to the Benefit of
Clergy, and to Larceny and other Offences connected
therewith, and to malicious Injuries to Property.

[15th July 1828.] :

THEREAS it is expedient that Provisions should be made

for the improving the Administration of Justice in Ireland, by amending the Laws in force there, relating to the Punish• ment of Felony, and to Bail in Cases of Felony, and to Exa• minations, Informations, and other Proceedings previous to Trial • for Criminal Offences, and to Larceny, and other Offences of

stealing, and to Burglary, Robbery, and Threats for the Pur• pose of Robbery or of Extortion, and to the Embezzlement of

Property, and to the obtaining Property by false Pretences, and • to the Receipt of stolen Property, and to malicious Injuries to

Property; and it is therefore requisite that all existing Sta« tutes and Acts, and Parts of Statutes and Acts, in force in Ireland, relating to the several Matters and Things aforesaid, and * relating to the Benefit of Clergy, should be repealed ;' 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 the several Statutes and Acts, and from and after Parts of Statutes and Acts, hereinafter mentioned, shall continue the 31st August in force in Ireland until and throughout the Thirty-first Day of 1828, recited August One thousand eight hundred and twenty-eight, and no of acts made longer; and that from and after the said Thirty-first Day of in the Parlia

August ments of Eng

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