plotment of

sition has

who would

entitled to

may apply to

made.

Persons lia

any of them; be it enacted, that in any case in which no applot. In any case ment of the said composition for tithes shall have been hitherto where no apmade, it shall be lawful for any person or persons in any parish who tithe compowould have been, in case the said act had not been made, entitled to been made, the receipt of the composition established in and for such parish, or any person any portion thereof, or for any person or persons in any parish who have been shall be individually or collectively liable to the payment of more the receipt than one-fourth of the whole amount of the rent charges charged or liable to under the provisions of the said recited act upon the lands thereto- of such comthe payment fore subject to the payment of the said compositions for tithes in position, such parish, to apply to the said lord lieutenant in council for the have such making of such applotment; and that such application shall be made applotment by memorial, to be lodged, at any time before the first day of October now next, with the clerk of the said council; and notice of every such memorial shall be posted at the door of every church and chapel within such parish, and at the usual place or places of posting grand jury notices in the barony or half barony, baronies or half baronies, in which the parish to which such memorial may refer is situated; and shall be once published in some newspaper circulating within such parish; such posting and publication to be made by the memorialist within ten days after such memorial shall be so lodged as aforesaid. IX. And be it enacted, that it shall be lawful for any person or to the or persons, liable to the payment of any rent charge in such parish rent charge under the said recited act, to apply by counter memorial to the lord may oppose application lieutenant in council to be heard in opposition to such memorial, for applotsuch counter memorial to be lodged with the clerk of the council within twenty days after such notice shall have been published as aforesaid, or within such further time as such lord lieutenant in council shall order; and it shall be lawful for the lord lieutenant in Proceedings council to examine into the merits of any such memorial or counter respectively. memorial, and for that purpose to receive such evidence on oath and otherwise as to him shall seem meet, and to make such order, whether for dismissing such memorial, or for directing an applotment to be made, or respecting the manner in which such applotment shall be made, or respecting the omission therefrom of any lands which may appear to be tithe free, or otherwise, as to the said lord lieutenant in council shall seem meet; and it shall be lawful for the said lord lieutenant and council, for the better informing them upon any matter relating to the subject of the prayer of such memorial or counter memorial, to direct any such matter to be inquired into before the judge or judges of assize for the county in which such parish shall be situate, with or without a jury, as the lord lieutenant and council shall order, and such judge or judges shall so inquire accordingly, and shall receive evidence on such inquiry, as in cases of trials by nisi prius, and shall certify the result of such inquiry, to the lord lieutenant in council,

ment.

thereon

nant and

X. And be it enacted, that in every such case it shall and may be Lord lieutelawful for the said lord lieutenant in council, if he shall so think fit, council emto appoint one or more skilful person or persons to make such ap- powered, at plotment, who shall therein (subject to any order or orders of the tion, to cause lord lieutenant in council made under this act) have and exercise the such applotlike powers, privileges, and authorities, and observe, as far as may made.

their discre

ment to be

be, the like regulations, as are given and directed to be observed by the said acts for establishing compositions of tithes; and the said lord lieutenant shall cause to be paid to the person or persons employed for the purposes aforesaid such remuneration as he shall think reasonable, and the expenses thereof shall be repaid by grand jury presentment on or off the parish in which such expenses shall have The expense been incurred; and a certificate of the amount so expended in respect ed by grand of each such parish shall be transmitted, under the hand of the payjury present- master of civil services in Ireland, to the treasurer of the county in ment. which such parish may be situate, and such treasurer shall insert the

to be defray

Applotment

to appeal, &c.

sum specified in such certificate in his warrant for the collection of the money to be raised and levied off such parish by presentment of the grand jury at the assizes next succeeding, and such sum shall be applotted (if need be by a separate applotment) and raised and levied off the lands liable to rent charge in such parish in like manner, and by the like ways and means, as if such sum had been presented by the said grand jury at such assizes to be levied off such lands, and shall be paid over by the said treasurer, when and as by him received, to such bank or person, and in such manner, as the commissioners of her majesty's treasury, or any three or more of them, shall direct. XI. And be it enacted, that every such applotment made under to be subject the authority of this act shall be subject to such appeal, alteration, and amendment, and shall be as good, valid, and effectual as any applotment made under the authority of the said acts for establishing compositions for tithes in Ireland, or any of them: provided Lord lieute- nevertheless, that it shall be lawful for the said lord lieutenant or other chief governor or governors in council to fix and declare the declare from time from which each such applotment to be made under the authosuch new ap- rity of this act shall take effect, or to which the same shall relate, plotments and to make such orders and regulations in each such case, and from shall take effect. time to time to rescind or vary the same, as to him and them shall seem just and necessary; and all such orders and regulations shall be good, valid, and effectual as if the same had been inserted in this act; and the enactments herein made in respect of the applotments to be made under the authority of this act shall be construed together with the said recited act of the first and second years of her majesty's reign, and as part thereof, to all intents and purposes.

nant and

council shall

what time

Construction of act.

Act may be amended,&c.

XII. And be it enacted, that in the construction of this act the words "Lord lieutenant" shall be construed to mean the lord lieutenant, lords justices, or other chief governor or governors of Ireland. XIII. And be it enacted, that this act may be amended or repealed by any act to be passed in the present session of parliament.

6 & 7 VICTORIA, CAP. 57.-An act to relieve bishops succeeding to bishoprics by operation of the act to alter and amend the laws relating to the temporalities of the church in Ireland from certain liabilities.— See Title" BISHOPS IN IRELAND," vol. i. p. 299.

SPACE LEFT

FOR REFERENCE, IF NECESSARY,

TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1845.

TENTHS.

26 HENRY 8, CAP. 3, SECS. 9-26.-The bill for the first fruits, with the yearly pensions to the king.-See Title "FIRST FRUITS, ENGLAND," vol. iii. p. 106.

27 HENRY 8, CAP. 8.-An act that the king's spiritual subjects shall pay no tenths of their spiritual promotions for that first year for which they paid their first fruits.—See Title-"FIRST FRUITS, ENGLAND," vol. iii. p. 118.

32 HENRY 8, CAP. 22.-For the bishops' accounts, and others, of the tenth granted unto the king.-In most humble wise beseeching your most royal majesty, your humble subjects the archbishops and bishops of this your realm, that where in the parliament begun at London the third day of November the one and twentieth year of your most gracious reign, and from thence adjourned to Westminster, and there holden and continued by divers prorogations unto the third day of November in the six and twentieth year of your most noble reign, it was enacted, by the authority of the same parliament, among other things, that your majesty, your heirs and successors, kings of this realm, for more augmentation and maintenance of the royal estate of your imperial crown and dignity of supreme head of the church of England, should yearly have, take, perceive and enjoy, united and knit to your imperial crown for ever, one yearly rent or pension, amounting to the value of the tenth part of all the revenues, rents, farms, tithes, offerings, emoluments, and of all other profits, as well called spiritual as temporal, then appertaining or belonging, or that hereafter should belong to any archbishopric, bishopric, abbacy, monastery, priory, archdeaconry, deanery, hospital, college, house collegiate, prebend, cathedral church, collegiate church, conventual church, parsonage, vicarage, chantry, free chapel, and other benefice or promotion spiritual, of what name, nature or quality soever they then were, within any diocese of this your realm or in Wales; the said pension or annual rent to be yearly paid for ever to your majesty, your heirs and successors, kings of this realm, at the feast of the Nativity of our Lord God, as in the said act more plainly appeareth.

charged with

of all spiri

diocese.

II. And furthermore it was enacted by the said authority in the Every bishop same parliament, that after a certificate made into your exchequer, the collection and tax set, in such manner and form as by the said act is limited, of the tenth every archbishop and bishop then being, and after that to be, should tual livings be charged and chargeable to levy, collect and receive within their within his proper diocese, as well in place exempt as not exempt, all such sums of money wherewith the dignities, benefices and other promotions spiritual aforenamed within their diocese, chargeable by the said act, should be set, taxed and charged towards the payment of the said yearly pension; and should pay and content the said sums of money before the first day of April to the treasurer of your chamber for the time being, or to any other person or persons whom it should please

Causes why the bishops

so much

money for

commissions

your highness to appoint to receive the same; and that the treasurer, chancellor, chamberlain and barons of your exchequer, should cause yearly process to be made by their discretions for nonpayment of the said pension or yearly rent, as by the said act, among other things, more at large appeareth.

III. And forasmuch as since the making of the said act, all and shall not levy singular abbacies, priories, monasteries and other religious houses, which were then conventual, being clearly dissolved, and come to tenths, as by your highness by authority of parliament, and otherwise by your was certified laws, whereby the said yearly rents and pensions, which before to be due. that time were of them severally to be paid, be now not payable or leviable; and also that the said archbishops and bishops, upon certificate made into the said exchequer, by reason of the said act made in the said six and twentieth year of your reign, been charged and chargeable with the said yearly rents or pensions of the tenth of divers and many persons, which were certified into your said exchequer by the commissioners assigned to tax and cess the said spiritual dignities and promotions, to have perpetuities and chantries and other salaries, where never any such chantry or perpetual salary was founded or ordained, and many chantries and other perpetuities spiritual, then being in esse, been since that time utterly dissolved and extincted; and also many prebends, parsonages and vicarages, been double certified by the said commissioners, and some certified to be in places where none such be in rerum natura, and some by wrong names or otherwise miscertified; and also some parts of the profits and emoluments, which did then belong to some dignities, parsonages, vicarages, cathedral churches and collegiate churches, as in proxies, synodals, oblations and indulgences, pardons and other profits, been now decayed and diminished by sundry means, and many chantries, and other small promotions spiritual, been since that time decayed and extinguished, and no priests thereon abiding: IV. And also sith the making of the said act, made in the said six and twentieth year, there have been assurances made to your majesty by some of the said archbishops and bishops, of parcels of their possessions charged with the said rent or pension, and parcel of the said possessions charged with the payment of the said yearly rent or pension been come to your hands by other lawful means; by reason whereof, and of many other causes, doubts and ambiguities, which do daily rise concerning the premises, the said collectors cannot levy the said yearly rents or pensions concerning many promotions or profits spiritual, certified in your said exchequer by the said commissioners; and yet that notwithstanding the said archbishops and bishops, for lack of sufficient warrant and authority to the barons of your said exchequer for their discharge in that behalf, been greatly prolonged and letted in yielding of their accounts in your said exchequer of the said annual rent or pension, and put to great costs and charges, to their great inquietness, charges, losses and troubles, where they have nothing allowed them, or to any of their officers, for the collecting, levying, gathering or paying of the said annual rents or pensions to the use of your highness:

25 II. 8, c. 3.

If a bishop

or any of his

V. It may therefore please your highness, with the assent of the deputies will lords spiritual and temporal, and the commons, in this present par

not levy the

thereof.

liament assembled, and by the authority of the same, that it be take his oath enacted by the authority aforesaid, that if the said archbishops and that he can bishops, or any of them, their deputies or other accountants, or tenth of any promotion, any of them, that now be or hereafter shall be chargeable with the he shall be collection of the said annual rent or pension, or of any part or portion discharged thereof, shew and allege, by the oath of any of the said archbishops, bishops or other accountants, or any other person or persons authorized to account for any of them, before the treasurer, chancellor and barons of your exchequer, or before the more part of them, or before such other persons as it shall please the king's highness to appoint to hear the same account, that they or any of them for any of the causes abovesaid, or for any other sufficient cause or matter by any of them to be alleged, cannot or may not in anywise lawfully levy such particular sum or sums of money of the said annual rent or pension, as they or any of them now be, or hereafter shall be chargeable and charged with, and no matter apparent there shewed to the contrary for your highness by any of your serjeants at the law, or by your attorney general for the time being, or by any other for your majesty; that then your said treasurer, chancellor and barons, or the more part of them, or such other persons as shall be appointed by the king's highness, shall, by virtue and authority of this act, have full power and authority by their discretions, to accept and allow that allegation, and thereupon thereof to discharge the accountant, or else by their discretions to direct the king's writ unto any of the king's courts, for to certify unto them the truth thereof; and thereupon the said treasurer, chancellor and barons, or the more part of them, or such persons as shall be thereunto appointed by the king's highness, further to hear and examine the same matter and cause, by witness and depositions of such as can inform the court, or the said other persons as shall be thereunto appointed by the king's highness, of the truth thereof, or by any other ways and means that they can best devise; and if need require, to award commissions by their discretions to certain indifferent persons in every such diocese, where any such matter or cause shall be alleged, without any charge asking or taking for the making of the same commissions so to be awarded; which said commissioners shall and may, by virtue of their commissions, have full power and authority to examine the same matter and cause so alleged by any of the said bishops, or other accountants for them, and in their discharge, by the oaths of such persons as shall have perfect notice thereof, or otherwise, and thereupon to make certificate thereof to the said treasurer, chancellor and barons, or to the more part of them in the said exchequer, or to such other persons as thereunto shall be appointed by the king's highness.

may be

cause of any

VI. And upon certificate so made of the said matter, or if by Commissions any other matter or certificate it shall appear to the said treasurer, awarded to chancellor and barons, or to the more part of them, or to such other inquire the persons as thereunto shall be appointed by the king's highness, that tenth dethe said matter, and the allegations thereof be good and true; then the said treasurer, chancellor and barons, or the more part of them, or the said such other persons as thereunto shall be appointed by the king's highness, thereupon to make a clear and sufficient deduction,

falked.