3 & 4 W.4.c.37.
4 & 5 W.4.c.90.
Inferior Tenants may apply to their immediate Landlord, having acquired a Perpetuity, for a like Conveyance; such Tenant having previously paid or tendered his Contribution and Arrears of Rent and Fine.

‘Whereas an Act was passed in the Third and Fourth Years of the Reign of His present Majesty, intituled An Act to alter and amend the Laws relating to the Temporalities of the Church in Ireland, which Act was amended by another Act passed in the Fourth and Fifth Years of the Reign of His said Majesty: And whereas it is expedient to extend, explain, and amend, in certain respects, the Provisions of the said Acts:’ 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 it shall and may be lawful for any inferior Tenant or Lessee, holding any Lands, Tenements, or Hereditaments by virtue of any Lease or Contract containing a toties quoties Covenant for Renewal, and whose next immediate Landlord has or shall have acquired a perpetual Estate or Interest in such Lands, Tenements, or Hereditaments under the Provisions of the said recited Acts or of this Act, to apply to such next immediate Landlord for a Conveyance of a perpetual Estate and Interest in such Lands, Tenements, or Hereditaments, which Conveyance such next immediate Landlord is hereby required to make and execute to such inferior Tenant, his Heirs and Assigns; provided that such Tenant shall previously have paid or tendered to such Landlord or his known Agent such Sum or Sums of Money as shall be payable by such Tenant as or for Contribution to the Purchase Money paid or secured by such Landlord for the Purchase of a perpetual Estate or Interest in such Lands, Tenements, or Hereditaments, pursuant to the said recited Acts and this Act, together with all Rent, and Fines and Fees for Renewal, and all Arrears thereof, then due and payable by such Tenant by virtue of such Lease or Contract.

For ascertaining the yearly Rent to be reserved on such Conveyances.                                                                                II. And be it enacted, That the yearly Rent to be reserved on every such last-mentioned Conveyance shall be ascertained in manner following; that is to say, when the Fine and Fees payable by such inferior Tenant upon each Renewal of his Interest in such Lands, Tenements, or Hereditaments shall be a fixed and ascertained Sum, then, in the Case of Leases or Interests renewable every Year, the Amount of such Fine and Fees, or, in the Case of Leases renewable at longer Intervals than every Year, the annual average Amount of such Fine and Fees computed as by the said first-recited Act directed for the Purposes of that Act, shall be added to the yearly Rent reserved and made payable by the Lease or Contract under which such Lands, Tenements, or Hereditaments are held by such inferior Tenant; and when the Fine and Fees payable by such inferior Tenant upon every such Renewal as aforesaid shall be a fixed Proportion of or dependent upon the Renewal Fine payable by the immediate superior Tenant of said Lands, Tenements, or Hereditaments, then there shall be added to the yearly Rent reserved upon such Lease or Contract a Sum of Money bearing a like Proportion to the average annual Amount of the Renewal Fine so payable by such immediate superior Tenant, as the same shall have been ascertained by the Ecclesiastical Commissioners for Ireland pursuant to the said recited Acts; and such yearly Rent reserved upon such Lease or Contract, together with such Sum of Money so to be added thereto as aforesaid, shall be the future Rent to be reserved on the Conveyance of a perpetual Estate or Interest in such Lands. Tenements, or Hereditaments to such inferior Tenant.

In case of Lispute, &c. the Tenant may petition the Court of Chancery or Exchequer.                                                                                Court may determine in a summary Manner, and appoint a Person to convey.

III. And be it enacted, That in case of any Dispute or Difference between such inferior Tenant and his next immediate Landlord, or in case such Landlord shall not execute to such Tenant a Conveyance of the Fee Simple and Inheritance of and in such Lands, Tenements, and Hereditaments within One Calendar Month next after the same shall have been duly tendered to him or to his known Agent, or in case such next immediate Landlord shall be an Infant or Lunatic, or shall not be resident in the United Kingdom of Great Britain and Ireland, then and in every such Case it shall and may be lawful for such inferior Tenant to apply to the Court of Chancery or Court of Exchequer in Ireland by Petition setting forth the Facts and Circumstances of the Case; and it shall and may be lawful for such Court to hear such Petition in a summary Manner, and to make such Order thereon as such Court shall think fit, and to appoint a Person to execute such Conveyance to such Tenant in the Name of such Landlord, in case such Landlord shall reside out of the Jurisdiction of such Court or shall labour under any legal Disability, or in case such Court for any other Reason shall think it expedient to appoint such Person; and every such Conveyance so executed shall be valid and effectual to all Intents and Purposes.

Tenants for Life, &c. (except Infant and Lunatics) may convey.                                                                                IV. And be it enacted, That it shall and may be lawful for every such next immediate Landlord, and he is hereby authorized and required, although he shall be Tenant for Life or for any other limited Interest of such Lands, Tenements, or Hereditaments, or although he shall labour under any legal Incapacity or Disability (except Infancy or Lunacy), to execute such Conveyance to his next inferior Tenant, subject to the Provisions herein-before contained, and every such Conveyance shall be valid and effectual to all Intents and Purposes.

Rent reserved on such Conveyance to be subject to Variation in certain Cases.                                                                                V. And be it enacted, That in case any Portion of the yearly Rent reserved on such Conveyance of any Lands, Tenements, or Hereditaments shall be a Proportion of or dependent upon the average annual Amount, as ascertained by the said Ecclesiastical Commissioners, of the Renewal Fine payable by the first and immediate Tenant of such Lands, Tenements, or Hereditaments, then and in every such Case such yearly Rent shall be subject to Variation in like Manner and at such Times as the Rents reserved upon the immediate Conveyance of any Lands, Tenements, or Hereditaments by the said Ecclesiastical Commissioners, or by the Archbishop, Bishop, or other sole Ecclesiastical Corporation under whom the said Lands, Tenements, or Hereditaments are held; and all the Provisions in the said recited Acts contained relative to the Variation of such last-mentioned Rents shall be applicable to Rents reserved on Conveyances to be made under the Provisions of this Act, so far as the Nature and Circumstances of each Case will admit.

6 G.4. c. cxciii.
9 G. 4. c. xcvi
10 G. 4. c. cix.
1 & 2 W.4. c. cvi.
6 W.4. c. lxxii.
Ecclesiastical Commissioner or Arbitrators to make Abatement in the reserved Rents and Renewal Fines of certain Leases.                                                                                VI. ‘And whereas certain Portions of the Lands belonging to the Sees of Armagh and Clogher have been or may be conveyed to the Ulster Canal Company under or by virtue of an Act of Parliament made and passed in the Eighth Year of the Reign of His late Majesty George the Fourth, intituled An Act for making and maintaining a navigable Canal from Lough Erne in the County of Fermanagh to the River Blackwater near the Village of Charlemont in the County of Armagh; and of a certain other Act of Parliament made and passed in the Ninth Year of the Reign of His late Majesty George the Fourth, intituled An Act to amend an Act for making and maintaining a navigable Canal from Lough Erne in the County of Fermanagh to the River Black water near the Village of Charlemont in the County of Armagh; and of a certain other Act of Parliament made and passed in the Tenth Year of the Reign of His late Majesty George the Fourth, intituled An Act to explain the Acts for making the Ulster Canal in the Counties of Fermanagh and Armagh; and of a certain other Act of Parliament made and passed in the First and Second Years of the Reign of His present Majesty King William the Fourth, intituled An Act to amend the several Acts for making and maintaining the Ulster Canal in the Counties of Fermanagh and Armagh; and of a certain other Act of Parliament made and passed in the present Session of Parliament, intituled An Act to amend and enlarge the Powers and Provisions of the several Acts for making and maintaining the Ulster Canal in the Counties of Fermanagh, Monaghan, and Armagh in Ireland; for which Compensation has been already awarded or is provided by said Acts to be awarded to the said Sees of Armagh and Clogher;’ be it enacted, That the Ecclesiastical Commissioners, or the Arbitrators, as the Case may be, are hereby authorized and required to make such Abatement in the reserved Rents hereafter to be charged in the Perpetuity sought to be acquired, or in the Rent and Renewal Fine of any Lease sought to be renewed, as to them may appear reasonable and just in proportion to the Value of the Lands so conveyed or which may hereafter be so conveyed to said Ulster Canal Company as aforesaid.

Reservation of Remedies for Recovery of Rent.                                                                                VII. And be it enacted, That every such next immediate Landlord shall and may have all such and the like Remedies for the Recovery of the Rent reserved upon any such Conveyance to his inferior Tenant or Tenants as any Landlord or Lessor now has, or may, can, or shall have by virtue of any Law now or hereafter to be in force in Ireland for the Recovery of Rent payable under a Demise by which a Reversion is reserved to or remains in such Landlord or Lessor; and every Person who shall have acquired the Fee Simple or Inheritance in any Lands, Tenements, or Hereditaments pursuant to the Provisions of this Act shall and may have all such and the like Remedies against his Under-tenants as in and by the said recited Acts are provided in Cases of Persons who shall have acquired the Fee Simple and Inheritance of any Lands, Tenements, or Hereditaments under the Provisions of the said recited Acts.

Saving of Provisions of recited Acts as to Under-tenants who shall not apply for Perpetuities.                                                                                VIII. Provided always, and be it enacted, That nothing herein contained shall extend or be construed to alter or affect the Provisions of the said recited Acts with respect to Renewals to be made to inferior Tenants holding under Leases or Contracts containing toties quoties Covenants for Renewal in the Case of any such inferior Tenant who shall not apply to his next immediate Landlord, pursuant to the Provisions of this Act, for a Conveyance of the Fee Simple and Inheritance of and in the Lands, Tenements, or Hereditaments held by him under such next immediate Landlord.

Commissioners may give Certificates of Terms of Purchase, and call on Tenants by Notice to complete their Purchases.                                                                                IX. And be it enacted, That it shall and may be lawful for the said Ecclesiastical Commissioners, if they shall so think fit, at any Time after Application shall have been made to them for the Purchase of the Fee Simple and Inheritance of and in any Lands, Tenements, or Hereditaments pursuant to the said recited Acts or this Act, to cause such Certificate of the Terms of such Purchase, and of the Amount of Purchase Money to be paid on the Completion of such Purchase, and of the annual Rent to be reserved and made payable in and by the Deed or Deeds of Conveyance, as by the said recited Acts they are directed to grant to the Applicant when so required, to be without any Request on his Part delivered to him, together with a Notice in Writing to be annexed to such Certificate requiring such Applicant to complete such Purchase, pursuant to the said recited Acts, within such Time as shall be specified in such Notice, not being less than Six Calendar Months from the Service thereof; and the said Ecclesiastical Commissioners may, if they shall so think fit, cause such Certificate and Notice to be transmitted to such Applicant by Post, addressed to him at his usual Place of Residence, or to his known Agent or Receiver at the usual Place of Residence of such Agent or Receiver, and for the Purposes of this Act such Transmission by the Post to such Applicant, or his known Agent or Receiver, shall be deemed good and sufficient Service of such Certificate and Notice; and if such Applicant shall neglect or refuse to complete such Purchase within Six Calendar Months after the Service of such Certificate and Notice, or within such further Period as shall be specified in such Notice, then and in every such Case such Applicant shall be deemed to have renounced such Purchase, and his Right of Preference thereto; and the said Commissioners shall deduct from the Sum deposited or secured, pursuant to the said recited Acts, by such Person so neglecting or refusing as aforesaid to complete such Purchase, such Sum or Sums of Money as the said Ecclesiastical Commissioners shall find necessary to defray the Expences which they may have incurred in ascertaining the Terms of such Purchase upon his said Application: Provided always, that nothing herein contained shall have the Operation or Effect of interfering with the Right or depriving any Tenant of the Power of calling for and obtaining an Arbitration as provided by the said recited Acts in case he shall be dissatisfied with the Terms of Purchase declared by the said Commissioners; and that in the event of such an Arbitration being called for and proceeded with by the Tenant the said Notice in Writing attached to the Certificate herein-before mentioned shall be set aside, and a new Notice of like Form shall be served on the Tenant by the said Commissioners at any Time after the Award of the Arbitrators who may be chosen shall be declared.

Service of Notice.
In case of Failure to complete the Purchase, the Applicant shall be deemed to have renounced his Right thereto.

Reserving to Tenant the Right to call for an Arbitration.
Deeds shall be enrolled by depositing Transcripts in the Rolls Office.                                                                                X. And be it enacted, That in every Case in which any Deed has been or shall hereafter be executed, which by the Provisions of the said recited Acts is required to be enrolled, the said Ecclesiastical Commissioners shall cause a Transcript of such Deed, certified under their Seal, to be made upon Parchment, and deposited in the Hands of the Deputy Keeper of the Rolls or other proper Officer of the Rolls Office of the High Court of Chancery in Ireland, who upon Receipt thereof shall, without any Fiat or other Order, cause the same to be preserved in the said Rolls Office, and such Transcripts shall be conveniently arranged in Books for the Purpose of Reference and Examination; and every such Transcript so deposited shall be and be deemed and taken to be an Enrolment of such Deed to all Intents and Purposes whatsoever: Provided always, that neither such Transcript for Enrolment, nor any Certificate required by the said recited Acts, or either of them, to be given or enrolled, shall be liable to any Stamp Duty whatsoever; and that no Fee shall be demanded or paid for the Enrolment of any Certificate required by Law to be annexed to the Enrolment of any such Deed as aforesaid, in addition to the Fee of Two Shillings and Sixpence payable on Enrolment of such Deed, pursuant to the said first-recited Act.

Transcripts to be arranged in Books.
Transcripts and Certificates not liable to Duty.
Fee on Enrolment.
Searches in Enrolment Books may be made on Payment of a Fee of 2s. 6d.                                                                                XI. And be it enacted, That it shall and may be lawful for any Person whatever to make Searches in such Enrolment Books for the Enrolment or Enrolments of any Deed or Deeds which he shall have Occasion to examine, and every Person making any such Search shall pay for the same (including the Liberty of taking Notes or making Extracts from any Enrolment or Enrolments) a Fee of Two Shillings and Sixpence, and no more, for such Day on which he shall make any such Search.

Commissioners to defray Expences of Transcript and Enrolment.                                                                                XII. And be it enacted, That so much of the said first-recited Act as provides that any Archbishop, Bishop, or Person, other than the said Ecclesiastical Commissioners, shall cause any such Deed or Deeds to be enrolled, shall be and the same is hereby repealed; and that the said Ecclesiastical Commissioners shall defray the Costs and Expences of making such Transcript for Enrolment, and of enrolling the same in manner aforesaid, out of the Purchase Money paid for the Purchase of the Fee Simple and Inheritance of and in the Lands, Tenements, or Premises comprised in such Transcript.

If Tenants purchase Lands held by Two or more Leases, a Mortgage may be accepted of the Lands held by One of them.                                                                                XIII. And be it enacted, That if any Tenant or Under-tenant shall be the Purchaser of any Lands, Tenements, or Hereditaments held under or by virtue of Two or more Leases, it shall be lawful for the said Ecclesiastical Commissioners, if in their Discretion they shall so think proper, to accept of a Mortgage on the Lands comprised in any One or more of such Leases for the Purchase Money of the whole, provided that the yearly Value of the Portion or Portions of such Lands so proposed to be mortgaged, clear of all Rents, Charges, and Outgoings whatsoever, shall be at least Three Times the Amount of the yearly Interest payable in respect of such Mortgage.

Forms of Conveyances, Mortgages, &c. to be prepared by the Commissioners.                                                                                XIV. And be it enacted, That the said Ecclesiastical Commissioners shall, with all convenient Speed, cause proper Forms of the Conveyances, Mortgages, Leases, and other Documents required for the Purposes of the said Acts and this Act to be prepared, and such Forms shall be authenticated by the Corporate Seal of the said Commissioners, and deposited in their Office, there to be kept and preserved, and such Forms may be used for the Purposes aforesaid, subject to such Exception or Variation as from Time to Time or in any particular Case the said Ecclesiastical Commissioners may find necessary or convenient; and such Forms so authenticated, or such amended Forms in like Manner authenticated, as the said Commissioners shall from Time to Time cause to be prepared, shall be alike good and effectual as if the same were inserted in this Act; and Copies of all such Forms shall be printed under the Directions of the said Commissioners, and given to any Person demanding the same on Payment of the reasonable Expence of providing the same.

Ecclesiastical Commissioners shall invest the Monies arising in the Perpetuity Fund Account.                                                                                XV. And be it enacted, That the said Ecclesiastical Commissioners shall cause all such Monies as may hereafter accrue to their Credit in the Perpetuity Purchase Fund Account mentioned in the said last-recited Act to be invested from Time to Time in such Public Securities as the said Ecclesiastical Commissioners shall think fit; and the said Ecclesiastical Commissioners shall have Power to sell and dispose of the same as Occasion shall arise, and apply the Proceeds thereof, and the Dividends and Interest arising therefrom, to the Purposes authorized and directed by the said last-recited Act.

In Leases of See Houses, &c. Covenants not to sublet, except with Consent of Commissioners, may be inserted, instead of absolute Covenants against subletting.                                                                                XVI. And be it enacted, That it shall and may be lawful for the said Ecclesiastical Commissioners, in any Demise or Lease to be made by them, pursuant to the said first-recited Act, of the See House, Offices, and Mensal or Demesne Lands of or belonging to any Archbishoprick or Bishoprick, to cause to be inserted, instead of such Clause or Covenant against assigning or subletting, as by the said Act is required, a Clause or Covenant making void such Demise or Lease in case the Premises thereby demised, or any Part thereof, shall be sublet or assigned without the previous Consent of the said Ecclesiastical Commissioners testified in Writing under their Common Seal; which Consent the said Ecclesiastical Commissioners are hereby authorized and empowered, if they shall so think fit, to give, upon such Terms and subject to such Restrictions or Conditions as they shall deem expedient: Provided always, that such Consent shall not be construed to authorize or empower any Person deriving under the Person to whom the said Ecclesiastical Commissioners shall have given such Consent as aforesaid to assign or sublet the Premises so demised or leased by the said Commissioners, or any Part thereof.

Lessees of See Houses, &c. under Leases already made, may sublet with Consent of Commissioners.                                                                                XVII. And be it enacted, That it shall and may be lawful for the Lessee named in any Lease or Demise heretofore made by the said Ecclesiastical Commissioners of any such See House, Offices, Mensal or Demesne Lands, or for the Heirs, Executors, Administrators, or Assigns of such Lessee, by and with the Consent, testified in Writing under their Common Seal, of the said Commissioners, and subject to such Terms, Conditions, and Restrictions as shall be expressed therein, to assign or sublet such See House, Offices, and Lands, or such Part or Parts thereof as shall be specified in such Consent; and that no such Lease or Demise shall be or become void or voidable by reason of such assigning or subletting with such Consent as aforesaid, any thing in such Demise or in the said recited Act contained to the contrary hereof notwithstanding.

Ecclesiastical Commissioners may make Leases and Renewals of Lands belonging to suspended Dignities or Benefices pending Suspension.                                                                                XVIII. And be it enacted, That whensoever, under the Provisions of the said Acts or this Act, the Appointment, Presentation, or Collation to any Dignity, Office, Rectory, or Benefice has been or shall be suspended, the said Ecclesiastical Commissioners shall, for and during such Period as such Dignity, Office, Rectory, or Benefice shall remain vacant, have, and at their Discretion exercise, by and in their own Name and Right, all such Powers of leasing and demising any Lands or Premises whatsoever belonging or appertaining or appropriated to or usually enjoyed with such Dignity, Office, Rectory, or Benefice as, in case no Suspension had taken place, any Person filling the same might have had or exercised; and it shall be lawful for the said Commissioners, in the Case of Lands or Premises demised by Leases customarily renewed from Time to Time, to accept Surrenders of such Leases, and to make new Leases or Renewals of the same respectively, in like Manner to all Intents and Purposes as the said Commissioners are authorized and required to do in respect of any Lands or Premises, at any Time belonging to any Bishoprick, and which may have been transferred to and vested in them by virtue of the said Acts; and that it shall be lawful for the respective Tenants, Lessees, or Under-tenants of any such Lands or Premises, during the Suspension of such Appointment, Presentation, or Collation as aforesaid, to apply to the said Commissioners for the Purchase of a perpetual Estate and Interest of and in any such Lands or Premises, in like Manner as such Tenants, Lessees, or Under-tenants respectively could or might have done, by virtue of the said recited Acts or this Act, in case the Appointment, Collation, or Presentation to such Dignity, Office, Rectory, or Benefice had not been so suspended; and in case of any such Application all such and the like Proceedings shall be had as by the said Acts prescribed in the Case of any Application for the Purchase of the Fee Simple and Inheritance of and in any Lands or Premises at any Time belonging to any Bishoprick, and which may have been transferred to and vested in the said Commissioners by virtue of the said Acts.

Tenants of such Lands may purchase Perpetuities pending Suspension.

In case of Removal of Suspension, all Leases theretofore made to be valid, and the Rents reserved thereon payable to the Persons subsequently appointed and their Successors.                                                                                XIX. And be it enacted, That in case of the Removal of any such Suspension as aforesaid, all Leases, Demises, Renewals, or Conveyances theretofore made as aforesaid by the said Ecclesiastical Commissioners shall be and remain valid and binding to all Intents and Purposes whatsoever: Provided that in the Case of the Removal of such Suspension, all Rent, Covenants, and Reservations made payable by or contained in such Lease, Demise, Renewal, or Conveyance shall, from and after the Time when such Dignity, Office, Rectory, or Benefice shall have been filled, become and be payable to and enure for the Benefit of the Person appointed, collated, or presented to such Dignity, Office, Rectory, or Benefice, and his Successors, who shall have all such and the like Remedies for enforcing Payment or Performance of such Rent, Covenants, and Reservations, as if the same had been expressly made payable to or reserved or covenanted with or by the Person filling such Dignity, Office, Rectory, or Benefice, and his Successors.

The Remedy granted by 3 & 4 W.4.c.37. against Impropriators refusing to repair Chancels or maintain officiating Clergymen, extended to Cases of Refusal by Appropriators.                                                                                XX. ‘And whereas it is expedient to make more effectual Provision for enforcing Payment of Stipends or Salaries for the Maintenance of officiating Clergymen in Parishes whereof the Tithes are appropriate or impropriate, and the Owners thereof are bound to maintain such Clergymen: And whereas by the said recited Act of the Third and Fourth Years of His present Majesty’s Reign it was provided, that in any Case where the Owners of Impropriations or Impropriate Tithes are by Law bound, but refuse or neglect, to repair the Chancel of any Church, or to maintain an officiating Minister, it should be lawful for the said Ecclesiastical Commissioners, or for the Archbishop or Bishop of the Diocese, to present a Petition to the Court of Chancery or Exchequer in Ireland, praying Relief, and such Courts were authorized and required to hear such Petition in a summary Way, and to make such Order therein as should appear just: And whereas it is expedient to extend the said recited Provisions of the said Act;’ be it therefore enacted, That the same shall be deemed and taken to extend and shall extend to Cases where the Owners of Appropriations or Appropriate Tithes are by Law bound, but refuse or neglect, to repair the Chancel of any Church or to maintain an officiating Minister, in like Manner and as fully to all Intents and Purposes as to Cases where the Owners of Impropriations or Impropriate Tithes are so bound and so refuse or neglect to repair the Chancel of any Church or to maintain an officiating Minister.

What is to be deemed Evidence of Liability to pay Stipend or repair Chancels.                                                                                XXI. And be it enacted, That in any Case in which any Petition shall be presented pursuant to the said recited Act or this Act for the Repair of any Chancel, or for Recovery of any Stipend or Salary of an officiating Minister, or any Arrears thereof, the Certificate of the Archbishop or Bishop of the Diocese in which the Church or Parish is situate, that such Chancel has been repaired or such Salary usually paid to the officiating Minister of such Parish, or that such Chancel has at any Time been agreed to be repaired or such Salary to be paid by the Owner or Owners of the Impropriation or Appropriation or Appropriate or Impropriate Tithes, as the Case may be, of such Parish, shall be primâ facie Evidence of the Liability of such Owner or Owners to pay such Stipend or Salary or repair such Chancel, as the Case may be; and every such Stipend or Salary shall be a Charge upon such Appropriate or Impropriate Tithes, paramount to all other Charges whatsoever.

Court may appoint Receiver                                                                                XXII. And be it enacted, That it shall and may be lawful for the Court to which any such Petition shall be presented to appoint a Receiver over any such Appropriate or Impropriate Tithes for Payment of any such Repairs, Stipend, or Salary, or Arrears thereof, or to direct that any Receiver already appointed over such Tithes shall pay such Repairs, Stipend, or Salary to the Person entitled to receive the same, in preference and priority to all other Charges whatsoever.

How Commissioners shall proceed if Impropriator or Appropriator in any Parish of having a Vicar or Curate endowed shall of contribute to the Maintenance of an officiating Minister.                                                                                XXIII. And be it enacted, That whensoever the Impropriator or Appropriator or Owner of the Appropriate or Impropriate Tithes of any Parish, not having a Vicar or Curate endowed, shall not maintain an officiating Minister in such Parish, or shall not have agreed to pay a Stipend or Salary for or towards the Maintenance of such officiating Minister, being by Law bound to maintain such Minister, then and in every such Case it shall and may be lawful for the Archbishop or Bishop of the Diocese in which such Parish is situate to certify to the Ecclesiastical Commissioners that there is no Vicar endowed, nor any Stipend paid to any Curate, or other Provision made by such Appropriator or Impropriator for the Discharge of the Spiritual Duties of such Parish, and that it is fit and proper that an officiating Minister should be maintained within the same; and thereupon the said Ecclesiastical Commissioners, if they shall deem it expedient so to do, shall fix and ascertain a proper and reasonable Stipend to be paid by the Impropriator or Appropriator or Owner of the Appropriate or Impropriate Tithes of such Parish, having regard to the annual Value of such Impropriate Tithes, and to the Extent of the Duty to be performed in such Parish; and the said Ecclesiastical Commissioners shall cause to be lodged in the Registry of the Diocese in which such Parish shall be situate a Certificate under their Seal of the Amount of the Stipend so ascertained, and shall also transmit to the Owner, or, if more than One, to each of the Owners of the Impropriate or Appropriate Tithes of such Parish a Copy of the said Certificate.

Stipend shall be a paramount Charge on the Impropriate Tithes, and shall be payable from the lodging of the Certificate.                                                                                XXIV. And be it enacted, That the Amount of the Stipend so fixed and ascertained as aforesaid shall be a Charge on the Impropriate Tithes of such Parish paramount to all other Charges whatsoever, and shall, from and immediately after the lodging of such Certificate in the Registry of the Diocese, be paid and payable to the officiating Clergyman of such Parish for the Time being by equal Half-yearly Payments; and such officiating Clergyman shall be nominated and appointed from Time to Time in such Manner and subject to such Provisions and Regulations as the Curate of any Curacy augmented by the Trustees and Commissioners of First Fruits pursuant to any Statutes heretofore in force in Ireland: Provided always, that the Amount of the Salary so to be fixed and ascertained by the said Ecclesiastical Commissioners shall not exceed Ten Pounds for every Hundred Pounds of the annual Value of the Impropriate or Appropriate Tithes of such Parish, as the same shall have been ascertained by the Certificate of the Commissioners appointed to carry into effect the Composition for Tithes in the said Parish.

Proviso as to Amount.
Property of Minor Canons and Vicars Choral vested in the Ecclesiastical Commissioners subject to existing Interests, and for the Maintenance of such Members of such Corporations as have Duties to perform                                                                                XXV. ‘And whereas it appears by the Report of certain Commissioners constituted and appointed by His Majesty for inquiring into Ecclesiastical Revenues and Patronage in Ireland, bearing Date the Fifteenth Day of April One thousand eight hundred and thirty-four, that there are in certain Cathedral Churches divers subordinate Corporations known by various Names, and that some of such Corporations have dvindled down to a single Individual in each, who appears to be wholly discharged of any Duty whatever, and that some such Offices would long since have become wholly obsolete and extinct but for the Emoluments which still attach and are enjoyed by the Individuals who fill them;’ be it therefore enacted, That the Right, Title, and Interest in and to all Lands, Tithes, Rents, Profits, and other Emoluments heretofore held and enjoyed by the Vicars Choral of the Cathedral Church of Saint Patrick’s, Cashel, or by any Corporation of or belonging to any Cathedral Church in Ireland, known by the Names of Minor or Petty Canons, Vicars Choral, Vicars Choral and Organists, Prebendaries and Vicars, or Vicars and Choirmen, or by any other Name, and whether sole or aggregate, who shall not discharge any Duty, or shall not discharge Duties commensurate with the Extent of their Emoluments, shall, in the Case of the said Vicars Choral of the Cathedral Church of Saint Patrick’s, Cashel, from and after the passing of this Act, and in the Case of each and every such other Corporation as aforesaid whensoever the Lord Lieutenant in Council shall on the Recommendation of the said Ecclesiastical Commissioners think fit so to direct, vest in the said Ecclesiastical Commissioners, subject nevertheless to all valid Leases, Charges, and Incumbrances now affecting the same, and that the Rents, Issues, and Profits thereof shall be by the said Ecclesiastical Commissioners applied during the Lives of the present Members of such Corporations respectively to their Use, in the same Manner and Proportions as the same may now be enjoyed by or divisible amongst each and every of them; and that on the Demise or Cession of the respective Members of such Corporations adequate Provision be made out of such Rents, Issues, and Profits for the due Maintenance of such and so many of his or their Successors as may in the Judgment of the said Commissioners be required for the effectual Discharge of the Duties, if any, appertaining to the Members of such Corporations respectively, in Cases where such Provision is not made from other Sources; and that the Surplus of such Rents, Issues, and Profits from Time to Time accruing to the said Ecclesiastical Commissioners shall be carried to the general Fund under the Administration of the said Commissioners, who shall have all and every the like Powers of leasing and demising the Lands and Tithes so vesting in them as such Corporations may now respectively have, and be in all respects subject to such and the like Restrictions and Conditions.

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

Proviso.
Provisions of recited Acts explained in respect of Tithes, &c. disappropriated from Dignities, &c.                                                                                XXVII. ‘ And whereas by the said recited Act of the Third and Fourth Years of His present Majesty’s Reign, as the same is amended by the said Act of the Fourth and Fifth Years of His Majesty’s Reign, Authority is given to the said Lord Lieutenant or other Chief Governor or Governors and Council, on the next Avoidance of any Archbishoprick, Bishoprick, Deanery, Archdeanery, Dignity, Prebend, or Canonry, or with the Consent of the Incumbent thereof, to disappropriate, disunite, and divest from and out of the same any Rectory, Vicarage, Tithes or Portion of Tithes, and Glebes or Part or Parts thereof, and to unite any such Rectory, Vicarage, Tithes or Portion of Tithes, or Glebes or Part thereof, to the Vicarages or Perpetual or other Curacies of such Parishes respectively, or to any adjoining or neighbouring Rectory, Vicarage, or Curacy, or to erect the same into a distinct Parish or Benefice: And whereas Difficulties have arisen in carrying the Provisions of the said Acts into effect by reason of the Existence of Leases of Tithes or Portions of Tithes and Lands, sometimes included in one and the same Demise, and sometimes situate in or arising out of several Parishes, and Doubts have arisen whether the said Provisions extend to Mensal or Demesne Lands;’ for Remedy whereof be it enacted, That the said Provisions shall be deemed and taken to extend to and comprise all and every Tithes or Portions of Tithes, whether under Lease or otherwise, and all Lands, Mensal, Demesne, or otherwise, belonging or appertaining or anywise held or enjoyed in right of any Archbishoprick, Bishoprick, Deanery, Archdeaconry, Dignity, Prebend, or Canonry, whether such Tithes or Lands shall arise out of or be situate in One or more Parishes.

In case disappropriated Lands, &c. cannot be conveniently united to a neighbouring Vicarage or Curacy, or that such Vicarage or Curacy is already sufficiently endowed, the Lands, &c. disappropriated shall be transferred to the Ecclesiastical Commissioners, and be by them carried to the general Fund.  XXVIII. And be it enacted, That in any Case where the said Lord Lieutenant or other Chief Governor or Governors and Council shall think fit, in the Exercise of the Powers conferred upon them by the said Acts and this Act, to disappropriate, disunite, and divest from and out of any Archbishoprick, Bishoprick, Deanery, Archdeaconry, Dignity, Prebend, or Canonry, any Rectory, Vicarage, Tithes or Portion of Tithes, or Lands, or Part or Parts thereof, which by reason of the Existence of any such Leases as aforesaid, or for any other Reason, cannot be conveniently appropriated or united to any adjoining or neighbouring Rectory, Vicarage, or Curacy, or in case such Rectories, Vicarages, or Curacies may be already sufficiently endowed, it shall be lawful for the said Lord Lieutenant or other Chief Governor or Governors and Council to order that such Rectory, Vicarage, Tithes or Portion of Tithes, or Land, or Part or Parts thereof, so disappropriated, disunited, and divested as aforesaid, shall be transferred to the said Ecclesiastical Commissioners; and the Right and Interest in and to the same, and all Arrears thereof, shall thereupon vest in the said Ecclesiastical Commissioners, and be by them carried to the general Fund under their Administration, but charged with and subject nevertheless to the Payment of such annual or periodical Sum or Sums of Money, if any, as the said Lord Lieutenant or other Chief Governor or Governors and Council shall think fit to direct to be paid to any Rector, Vicar, or Curate, their or his Successors, whose Rectory, Vicarage, or Curacy he and they shall deem not to be sufficiently endowed, or which he and they may think fit to erect, and to which, under the Provisions of the said Acts, any such disappropriated Rectory, Vicarage, Tithes or Portions of Tithes, or Lands, might have been appropriated and united.

Commissioners shall have like Power of making Leases, &c. in disappropriated Lands, &c. as in those belonging to suspended Dignities.                                                                                XXIX. And be it enacted, That the said Ecclesiastical Commissioners shall have all such and the like Powers of making or renewing Leases, or of conveying a perpetual Estate or Interest of and in any Lands or Premises which may become vested in them by virtue of any such Disappropriation Order as aforesaid, as herein-before conferred upon them in respect of any Lands or Premises which may become vested in them by virtue of any such Suspension Order as herein-before mentioned; and all and every the Provisions herein-before contained in respect of such Lands or Premises as may be vested in the said Commissioners by any such Suspension Order, and the making Leases and Renewals and Conveyances thereof, shall apply and extend to Lands or Premises vested in them by any such Disappropriation Order, and the making Leases, Renewals, and Conveyances thereof.

Ecclesiastical Commissioners not to grant a perpetual Estate to any Tenant now holding by Lease any Tithes appropriated to certain Ecclesiastical Dignities.                                                                                XXX. ‘Whereas by reason of the Insufficiency of the Endowment of the Vicarages in several Parishes the Rectorial Tithes whereof are appropriated to Archbishopricks, Bishopricks, and other Ecclesiastical Dignities, Prebends, and Canonries in Ireland, by reason whereof it has become necessary from Time to Time to unite Two or more of such Vicarages into One Benefice, to the Disadvantage of the Spiritual Interests and Concerns of such Vicarages respectively;’ be it therefore enacted, That from and after the passing of this Act it shall not be lawful for the said Ecclesiastical Commissioners acting in pursuance of the Provisions of said recited Acts, in the Name and on the Behalf of any Archbishop, Bishop, Dignitary, Prebendary, or Canon, to grant a perpetual Estate or Interest to any Tenant now holding or who may hereafter hold any Tithes or Compositions for Tithes appropriated to such Archbishopricks, Bishopricks, Dignities, Prebends, or Canonries, under or by virtue of any Lease or Contract.

After the next Avoidance of any such Dignity, the Commissioners may declare that the Lease shall not be renewed; and, upon Application of the Tenant to accept the Value in Money, may estimate the Value thereof.                                                                                XXXI. And be it further enacted, That at any Time from and after the next Avoidance of any Archbishoprick, Bishoprick, Dignity, Prebend, or Canonry as aforesaid, in which it may be deemed expedient so to do, it shall and may be lawful for the said Ecclesiastical Commissioners, in case any Tithes or Compositions for Tithes shall be disappropriated therefrom, by Instrument under their Common Seal to declare that the Lease or Contract by which such Tithes or Compositions for Tithes are now or hereafter may be held shall not be renewed; and in order to prevent any Loss or Damage to the Tenant or Tenants now holding or who may hereafter hold such Tithes or Compositions for Tithes by virtue of such Lease or Contract, by reason of the same not being capable of being renewed as heretofore, it shall and may be lawful for the said Commissioners, upon the Application of any such Tenant or Tenants declaring his or their Readiness to accept the Value in Money of his or their Estate or Interest in such Lease or Contract as if the same were still capable of Renewal, to estimate and compute the Value thereof accordingly; and in case such Tenant or Tenants shall think fit to accept the same, he or they shall thereupon convey his Estate and Interest in such Lease or Contract to the said Ecclesiastical Commissioners, and such Tithes or Compositions for Tithes shall thereupon be freed and discharged from all Debts, Liabilities, and Incumbrances of such Tenant or Tenants, or of any Person or Persons deriving under him, her, or them, or of any Person or Persons under whom he, she, or they may derive: Provided nevertheless, that the Purchase Money for such Estate and Interest shall become subject and liable to all such and the like Engagements, Liabilities, Uses, Trusts, Intents, and Purposes as may affect the Estate or Interest of such Tenant or Tenants in the Lease or Contract of said Tithes or Compositions for Tithes, and shall be paid to such Tenant or Tenants on his making out Title thereunto; and if he, she, or they shall not make out a sufficient Title thereto such Purchase Money shall be paid into the Bank of Ireland to the Credit of the Accountant General of the Court of Chancery in Ireland, and to the Credit of the Matter, upon an Order for that Purpose to be obtained upon Petition in a Summary Way, and shall be disposed of by such Court by Order in like Manner to be obtained, as may be just.

Proviso.
After Conveyance, the Interest of such Tenant to vest in the Commissioners.                                                                                XXXII. And be it further enacted, That from and after the Conveyance of the Estate or Interest of every such Tenant or Tenants in and to such Tithes or Compositions for Tithes to the said Ecclesiastical Commissioners as aforesaid, the same shall be and remain for ever vested in the said Ecclesiastical Commissioners, and be by them applied, as and when the same shall be received, in the first instance in Liquidation and Discharge of the Purchase Money and Expences incurred by them in the Purchase thereof, with legal Interest, until the same shall be fully and entirely paid off, and from thenceforward in the Augmentation of small Benefices under the Provisions of the said recited Acts.

An annual Sum of 1,500l. to be paid to Dr. Kyle, Bishop of Cork and Ross and Cloyne, in order to make his present Revenue equal to that he had before the Union of the Sees.                                                                                XXXIII. ‘And whereas, by and under the Provisions of the said recited Act of the Third and Fourth Years of His present Majesty’s Reign, the Bishoprick of Cork and Ross has become united to the Bishoprick of Cloyne, and Doctor Samuel Kyle being at the Time of the passing of the said Act, and at the Time when the said Bishopricks became united as aforesaid, Bishop of Cork and Ross, has become and now is Bishop of the said united Bishopricks of Cork and Ross and Cloyne: And whereas upon such Union as aforesaid all and singular the Lands, Tenements, and Hereditaments, with all and singular the Tithes, Rents, and Emoluments appertaining or belonging to the said Bishoprick of Cork and Ross, were by virtue of the said Act transferred to and vested in the said Ecclesiastical Commissioners, saving and excepting the See House and Offices and Mensal and Demesne Lands to the said Bishoprick of Cork and Ross belonging, which became thereafter by the said Act the See House and Offices and Mensal or Demesne Lands of the said united Bishopricks of Cork and Ross and Cloyne, and the said Doctor Samuel Kyle became possessed of and entitled to the Revenues of the said Bishoprick of Cloyne, saving and excepting to the See House and Mensal or Demesne Lands thereunto belonging, which the said Ecclesiastical Commissioners were authorized to let or demise for such Rent or Fine as they should think fit: And whereas the said Ecclesiastical Commissioners are authorized and required by the said Act, out of the Revenues of the said Bishoprick of Cork and Ross so vested in them as aforesaid, to make good to the said Doctor Samuel Kyle the Sum or Sums of Money, if any, whereby the Revenues of the said Bishoprick of Cloyne shall fall short of the Revenues of the said Bishoprick of Cork and Ross: And whereas the Revenues of the said respective Bishopricks, being in great Measure dependent on Fines paid on the Renewal of Leases, are liable to Uncertainty and Variation, and an annual Valuation of the said several Bishopricks would be troublesome and inconvenient: And whereas it has been found, upon a Comparison of the relative average Value of the said several Bishopricks, that the Revenues of the said Bishoprick of Cloyne fall short of the Revenues of the said Bishoprick of Cork and Ross by the annual Sum of One thousand five hundred Pounds or thereabouts, and the said Doctor Samuel Kyle consents to receive such annual Sum of One thousand five hundred Pounds in full Acquittance and Discharge of the Payment which the said Ecclesiastical Commissioners ought to make to him under the Provisions of the said Act;’ be it therefore enacted, That the said annual Sum of One thousand five hundred Pounds shall be deemed and taken to be the Sum whereby the Revenues of the said Bishoprick of Cloyne fall short of the Revenues of the said Bishoprick of Cork and Ross, and that the said Ecclesiastical Commissioners shall pay to the said Doctor Samuel Kyle, in each and every Year during his Incumbency of the said united Bishopricks of Cork and Ross and Cloyne, the said annual Sum of One thousand five hundred Pounds, commencing from the Fourteenth Day of September One thousand eight hundred and thirty-five, and that the first Payment thereof shall be made on the Fourteenth Day of September in this current Year One thousand eight hundred and thirty-six, by one entire Payment, and that the future Payments thereof shall be made by equal Moieties, one Moiety on the Fourteenth Day of March, and the other Moiety on the Fourteenth Day of September, in each and every succeeding Year during the Incumbency of the said Doctor Samuel Kyle in the said united Bishopricks: Provided always, that the said annual Payment shall be apportioned so and in such Manner that on the Demise or Translation of the said Doctor Samuel Kyle, or other Determination of his said Incumbency, the said Ecclesiastical Commissioners shall pay to him, or his Executors, Administrators, or Assigns, a Proportion of such annual Sum according to the Time which shall have elapsed from the Commencement or last Period of Payment thereof respectively (as the Case may be), including the Day of the Demise or Translation of the said Doctor Samuel Kyle, or other Determination of his said Incumbency in the said united Bishopricks: Provided also, that the Income of the present Bishop of Cork and Ross and Cloyne during his Incumbency be free from the Tax chargeable under the Provisions of the said recited Act of the Third and Fourth Years of the Reign of His present Majesty.

Provision of 4 & 5 W.4.c.90. relating to Costs of Solicitor explained                                                                                XXXIV. ‘And whereas it is provided by the said Act of the Fourth and Fifth Years of the Reign of His present Majesty that no Sum shall be paid by the said Ecclesiastical Commissioners to any Attorney or Solicitor as and for Costs, Charges, or Expences, unless the Amount of such Payment shall first have been approved of by the Lords of the Treasury, and that no Sum exceeding One thousand Pounds shall be allowed in any One Year by the Lords of the Treasury as and for the Costs, Charges, or Expences of any such Attorney or Solicitor, and that before any such Sum shall be allowed by the said Lords Commissioners of the Treasury on such Account as aforesaid the Particulars of all such Costs and Expences shall be laid before them: And whereas it is necessary to explain the said herein-before recited Provision;’ be it therefore hereby enacted and declared to be the Intent and Meaning of the said Act, That no Sum exceeding One thousand Pounds shall be allowed in any One Year for the personal Services of any such Attorney or Solicitor, but that no Disbursements nor Expences actually and properly made or incurred by such Attorney or Solicitor in and about the Affairs and Business of the said Ecclesiastical Commissioners, and by their Authority and Direction, shall be deemed or taken to be included in the said sum of One thousand Pounds, or form Part thereof.

Former Acts to be construed with this Act.                                                                                XXXV. And be it further enacted, That the said several recited Acts of Parliament shall continue in full Force and Effect, save and except so far as they or either of them are or is expressly repealed or altered by this Act, and that the said recited Acts and this Act shall be construed and taken together as One Act to all Intents and Purposes; and that this Act may be altered, amended, or repealed by any Act or Acts to be passed in the present Session of Parliament.

Act may be altered this Session.
Providing for the Repairs of Cathedral Churches.                                                                                XXXVI. ‘And whereas it is enacted by the said first-recited Act, that in all Cases where, under and by virtue of an Act made in the Twenty-first of the Reign of King George the Second, intituled An Act for disappropriating Benefices belonging to Deans, Archdeacons, Dignitaries, and other Members of Cathedral Churches, and for appropriating others in their Stead, and also for the Removal of the Sites of ruined Cathedral Churches, any Parochial Church shall have been or shall be made or shall become by Usage or Custom Cathedral and Parochial, and in all Cases where, under and by virtue of an Act made in the Parliament of Ireland in the Thirty-ninth Year of the Reign of King George the Third, intituled An Act for the repairing of Cathedral Churches in Cases where the Parish Churches have been long in Ruins, any Cathedral Church shall have been or shall be made use of as a Parish Church, it shall and may be lawful for the said Commissioners and they are thereby required to contribute to the Repairs of such Cathedral and Parochial Churches in such Proportion as has been agreed upon by and between the Dean and Chapter or Chapters of such Cathedral Church and by the Protestant Inhabitants of the Parish or Union in which such Church is situate, that the Inhabitants thereof should contribute to the rebuilding, enlarging, and putting into and keeping in repair of such Cathedral and Parochial Churches; and if it shall happen that no such Agreement as aforesaid shall have been made by and between the Parties aforesaid, it shall and may be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland and the Privy Council thereof, upon Petition of the Dean and Chapter or of the said Commissioners, finally to adjust and ascertain the Proportions in which such Deans and Chapters or Chapters and said Commissioners shall so respectively contribute for the Purposes aforesaid; and the Sums necessary and sufficient for such Purposes shall be from Time to Time apportioned and paid accordingly by the said Deans and Chapters and the said Commissioners respectively: And whereas it is just and reasonable that such Deans and Chapters should in certain Cases be relieved in the whole or in part from the Burthen of contributing to the Repairs of such Cathedral Churches;’ be it therefore enacted, That in case there shall be no Economy Fund or Chapter or other Property appropriated to the Purpose of rebuilding, enlarging, and putting into and keeping in repair of any such Cathedral Church, or no such Economy Fund, Chapter, or other Property adequate or sufficient for such Purpose, it shall and may be lawful for the said Ecclesiastical Commissioners, if they shall so think fit, by Writing under their Seal to certify to the Lord Lieutenant or other Chief Governor or Governors of Ireland in Council that there is no such Economy Fund, Chapter or other Property appropriated to the Purpose of repairing such Cathedral Church, or no such Fund or Property adequate and sufficient for such Purpose, and that it is just and reasonable that the said Commissioners should defray the whole of the Sums necessary for such Purpose, or that the said Commissioners and the Dean and Chapter or Chapter should contribute for such Purpose in such Proportions as shall in such Writing be specified; and in case the Lord Lieutenant or other Chief Governor or Governors of Ireland and the Privy Council thereof shall signify his and their Approval of the Matters specified in such Certificate, then and in such Case it shall and may be lawful for the said Commissioners and they are hereby authorized and required from Time to Time to pay the whole of the Sums necessary for such Purpose as aforesaid, or such Proportion thereof as shall be specified in such Certificate, subject to such Regulations as in the said recited Acts and this Act or any or either of them are contained with respect to Monies to be expended for such Purposes: Provided always, that such Dean and Chapter or Chapter shall from Time to Time contribute for such Purpose as aforesaid such Proportion as shall be specified in such Certificate as just and reasonable to be contributed by such Dean and Chapter or Chapter.

39 G. 3.(1.)


Power to release deposits.  1.—(1) Where in pursuance of any general or special Act of Parliament, or of any rules made thereunder, moneys or securities have been deposited with, or are standing in the name of, the Paymaster-General to secure the completion by any company of any undertaking authorised by Parliament, or by any certificate issued under the authority of an Act of Parliament, and the undertaking has not been completed within the time limited in that behalf, the High Court may, notwithstanding anything in any such general or special Act or rules, order that the moneys or securities (in this Act called the deposit fund), or any part thereof, be applied towards compensating any landowners or other persons whose property has been interfered with or otherwise rendered less valuable by the commencement, construction, or abandonment of the undertaking, or any portion thereof, or who have been subjected to injury or loss in consequence of any compulsory powers of taking property given in connexion with the undertaking, and have received no compensation or inadequate compensation for such injury or loss; and also, in the case of a tramway company, towards compensating the road authorities for the expenses incurred by them in taking up any tramway or materials connected therewith placed by the tramway company in or on any road vested in or maintainable by the road authorities, and in making good all damage caused to such roads by the construction or abandonment of the tramway.

(2) Subject to payment of any such compensation, and notwithstanding any provision as to forfeiture to the Crown, the High Court may, if a receiver has been appointed, or the company is insolvent and has been ordered to be wound up, or the undertaking has been abandoned, order that the deposit fund or any part thereof be paid or transferred to the receiver or to the liquidator of the company, or be applied as part of the assets of the company for the benefit of the creditors thereof.
(3) Subject to such application as aforesaid the High Court may, after such public notice as to the Court seems reasonable, order that the deposit fund or any part thereof be paid or transferred to the depositors or the persons claiming through or under them.
(4) If any money or securities deposited with or standing in the name of the Paymaster General for the purposes of this section on or before the thirty-first of March one thousand eight hundred and ninety are not claimed by or on behalf of the depositors thereof within ten years after the passing of this Act, the Treasury may pay or transfer the same to the National Debt Commissioners to be applied by them towards the reduction of the National Debt.
(5) This section shall apply to any person or body of persons authorised by Parliament or by any such certificate as aforesaid to carry out an undertaking as if he or they were a company.

Power to cancel bonds.      2. Where in pursuance of any general or special Act of Parliament any bond has been given to secure the completion of any undertaking authorised by Parliament, or by any certificate issued under the authority of an Act of Parliament, and the undertaking has not been completed within the time limited in that behalf, the money thereby secured shall be applicable to the same purposes as the deposit fund hereinbefore mentioned, and the Treasury may, if they think fit, cancel the bond on proof to their satisfaction that the money thereby secured has been applied or is not required for those purposes.

Application to Scotland.    3. In the application of this Act to Scotland—
The expression “Paymaster General” shall mean the Queen’s and Lord Treasurer’s Remembrancer:
The expression “High Court” shall mean the Court or Session in either division thereof.

Application to Ireland.     4. In the application of this Act to Ireland—
The expression “Paymaster General” shall mean the Accountant General of the Supreme Court:
The expression “tramway” shall include railway.
Short title.                5. This Act may be cited as the Parliamentary Deposits an Bonds Act, 1892.

[1 Short title, “The Parliamentary Deposits and Bonds Act, 1892”; see s. 5.]


Short title.                                                                                1. This Act may be cited as the Indecent Advertisements Act, 1889.

[S. 2 rep. 8 Edw. 7. c. 49 (S.L.R.).]
Summary proceedings against persons affixing, &c. indecent or obscene pictures or printed or written matter.  3. Whoever affixes to or inscribes on any house, building, wall, hoarding, gate, fence, pillar, post, board, tree, or any other thing whatsoever so as to be visible to a person being in or passing along any street, public highway, or footpath, and whoever affixes to or inscribes on any public urinal, or delivers or attempts to deliver, or exhibits, to any inhabitant or to any person being in or passing along any street, public highway, or footpath, or throws down the area of any house, or exhibits to public view in the window of any house or shop, any picture or printed or written matter which is of an indecent or obscene nature, shall, on summary conviction in manner provided by the Summary Jurisdiction Acts, be liable to a penalty not exceeding forty shillings, or, in the discretion of the Court, to imprisonment for any term not exceeding one month, with or without hard labour.

Summary proceedings against persons sending others to do the Acts punishable under s. 3.                      4. Whoever gives or delivers to any other person any such pictures, or printed or written matter mentioned in section three of this Act, with the intent that the same, or some one or more thereof, should be affixed, inscribed, delivered, or exhibited as therein mentioned, shall, on conviction in manner provided by the Summary Jurisdiction Acts, be liable to a penalty not exceeding five pounds, or, in the discretion of the Court, to imprisonment for any term not exceeding three months, with or without hard labour.

Certain advertisements declared indecent.                                                                     5. Any advertisement relating to syphilis, gonorrhœa, nervous debility, or other complaint or infirmity arising from or relating to sexual intercourse, shall be deemed to be printed or written matter of an indecent nature within the meaning of section three of this Act, if such advertisement is affixed to or inscribed on any house, building, wall, hoarding, gate, fence, pillar, post, board, tree, or other thing whatsoever, so as to be visible to a person being in or passing along any street, public highway, or footpath, or is affixed to or inscribed on any public urinal, or is delivered or attempted to be delivered to any person being in or passing along any street, public highway, or footpath.

Constables may arrest on view of offence.                                                                     6. Any constable or other peace officer may arrest without warrant any person whom he shall find committing any offence against this Act.

[S. 7 rep. 8 Edw. 7. c. 49 (S.L.R.).]


‘Whereas it is expedient that Facilities be afforded for taking Evidence in Her Majesty’s Dominions in relation to Civil and Commercial Matters pending before Foreign Tribunals:’ Be it enacted by the Queen’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, as follows:
Order for Examination of Witnesses in this Country in relation to any Civil or Commercial Matter pending before a Foreign Tribunal.  I. Where, upon an Application for this Purpose, it is made to appear to any Court or Judge having Authority under this Act that any Court or Tribunal of competent Jurisdiction in a Foreign Country, before which any Civil or Commercial Matter is pending, is desirous of obtaining the Testimony in relation to such Matter of any Witness or Witnesses within the Jurisdiction of such first-mentioned Court, or of the Court to which such Judge belongs, or of such Judge, it shall be lawful for such Court or Judge to order the Examination upon Oath, upon Interrogatories or otherwise, before any Person or Persons named in such Order, of such Witness or Witnesses accordingly; and it shall be lawful for the said Court or Judge, by the same Order, or for such Court or Judge or any other Judge having Authority under this Act, by any subsequent Order, to command the Attendance of any Person to be named in such Order, for the Purpose of being examined, or the Production of any Writings or other Documents to be mentioned in such Order, and to give all such Directions as to the Time, Place, and Manner of such Examination, and all other Matters connected therewith, as may appear reasonable and just; and any such Order may be enforced in like Manner as an Order made by such Court or Judge in a Cause depending in such Court or before such Judge.

Certificate of Ambassador, &c. sufficient Evidence in support of Application.                                                        II. A Certificate under the Hand of the Ambassador, Minister, or other Diplomatic Agent of any Foreign Power, received as such by Her Majesty, or in case there be no such Diplomatic Agent, then of the Consul General or Consul of any such Foreign Power at London, received and admitted as such by Her Majesty, that any Matter in relation to which an Application is made under this Act is a Civil or Commercial Matter pending before a Court or Tribunal in the Country of which he is the Diplomatic Agent or Consul having Jurisdiction in the Matter so pending, and that such Court or Tribunal is desirous of obtaining the Testimony of the Witness or Witnesses to whom the Application relates, shall be Evidence of the Matters so certified; but where no such Certificate is produced other Evidence to that Effect shall be admissible.

Examination of Witnesses to be upon Oath.                                                                                III. It shall be lawful for every Person authorized to take the Examination of Witnesses by any Order made in pursuance of this Act to take all such Examinations upon the Oath of the Witnesses, or Affirmation in Cases where Affirmation is allowed by Law instead of Oath, to be administered by the Person so authorized; and if upon such Oath or Affirmation any Person making the same wilfully and corruptly give any false Evidence, every Person so offending shall be deemed and taken to be guilty of Perjury.

Persons giving false Evidence guilty of Perjury.
Payment of Expenses.                                                                                IV. Provided always, That every Person whose Attendance shall be so required shall be entitled to the like Conduct Money and Payment for Expenses and Loss of Time as upon Attendance at a Trial.

Persons to have Right of Refusal to answer Questions and to produce Documents.

Certain Courts and Judges to have Authority under this Act.                                                                          V. Provided also, That every Person examined under any Order made under this Act shall have the like Right to refuse to answer Questions tending to criminate himself, and other Questions, which a Witness in any Cause pending in the Court by which or by a Judge whereof or before the Judge by whom the Order for Examination was made would be entitled to; and that no Person shall be compelled to produce under any such Order as aforesaid any Writing or other Document that he would not be compellable to produce at a Trial of such a Cause.

Lord Chancellor, &c. to frame Rules, &c.                                                                                VI. Her Majesty’s Superior Courts of Common Law at Westminster and in Dublin respectively, the Court of Session in Scotland, and any Supreme Court in any of Her Majesty’s Colonics or Possessions abroad, and any Judge of any such Court, and every Judge in any such Colony or Possession who by any Order of Her Majesty in Council may be appointed for this Purpose, shall respectively be Courts and Judges having Authority under this Act: Provided, that the Lord Chancellor, with the Assistance of Two of the Judges of the Courts of Common Law at Westminster, shall frame such Rules and Orders as shall be necessary or proper for giving Effect to the Provisions of this Act, and regulating the Procedure under the same.


Preliminary.
Construction and short title.                                                  1. This Act so far as is consistent with the tenor thereof shall be construed as one with the Acts mentioned in Schedule Two to this Act and with the Regulation of Railways Act, 1868, and those Acts and this Act may be cited together as “The Regulation of Railways Acts, 1840 to 1871”; and this Act and each of the Acts mentioned in Schedule Two to this Act may be cited as “The Regulation of Railways Act” of the year in which it was passed.

31 & 32 Vict. c. 119.
Interpretation.                                                                2. In this Act—
The term “railway” means the whole or any portion of a railway or tramway, whether worked by steam or otherwise, which has been authorized by any special Act of Parliament or by any certificate under Act of Parliament :
The term “company” means a company incorporated either before or after the passing of this Act for the purpose of constructing, maintaining, or working a railway in the United Kingdom (either alone or in conjunction with any other purpose), and includes, except when otherwise expressed, any individual or individuals not incorporated who are owners or lessees of a railway in the United Kingdom or parties to an agreement for working a railway in the United Kingdom :
The term “person” includes a body corporate :
“Court of summary jurisdiction.”
The term “court of summary jurisdiction” means any justices of the peace, metropolitan police magistrate, stipendiary magistrate, sheriff, sheriff substitute, or other magistrate, or officer, by whatever name called, who is capable of exercising jurisdiction in summary proceedings for the recovery of penalties.

Inspection of Railways.
Board of Trade may appoint in spectors of railways.                            3. The Board of Trade may from time to time appoint any person to be inspector for the purpose of inspecting any railway and of making any inquiry with respect to any railway or into the cause of any railway accident which the Board of Trade are authorized to make or direct, and of enabling the Board of Trade to carry the provisions of any general Act relating to railways into execution, or for any of such purposes: Provided that no person so appointed shall exercise any powers of interference in the affairs of any company.

Powers of inspectors of railways.                                              4. Every inspector under this Act shall for the purposes of any inspection or inquiry which he is directed by the Board of Trade to make or conduct have the following powers; (that is to say,)

(1.) He may enter and inspect any railway and all the stations, works, buildings, offices, stock, plant, and machinery belonging thereto :
(2.) He may by summons under his hand require the attendance of any person who is engaged in the management, service, or employment of a company as defined by this Act, and whom he thinks fit to call before him and examine for the said purpose, and may require answers or returns to such inquiries for the said purpose as he thinks fit to make from such person or company :
(3.) He may require and enforce the production of all books, papers, and documents of a company which he considers important for the said purpose.

Extension of 5 & 6 Vict. c. 55. ss. 4. to 6. to new works.                     5. The provisions of the Regulation of Railways Act, 1842 and the Acts amending the same, with respect to the opening of any railway, shall extend to the opening of any additional line of railway, deviation line, station, junction, or crossing on the level which forms a portion of or is directly connected with a railway on which passengers are conveyed, and has been constructed subsequently to the inspection of such railway on behalf of the Board of Trade previous to the original opening of such railway: Provided always, that the Board of Trade may, with respect to any of the works in this section mentioned, from time to time upon the application of any railway company dispense with any notice which, under the provisions of the said Acts, is required to be given to the Board of Trade previous to opening any railway.

Accidents.
Companies to make returns of accidents to Board of Trade.                      6. Where in or about any railway or any of the works or buildings connected with such railway, or any building or place, whether open or enclosed, occupied by the company working such railway, any of the following accidents takes place in the course of working any railways; (that is to say,)

(1.) Any accident attended with loss of life or personal injury to any person whomsoever ;
(2.) Any collision where one of the trains is a passenger train ;
(3.) Any passenger train or any part of a passenger train accidentally leaving the rails ;
(4.) Any accident of a kind not comprised in the foregoing descriptions, but which is of such a kind as to have caused or to be likely to cause loss of life or personal injury, and which may be specified in that behalf by any order to be made from time to time by the Board of Trade,
the company working such railway, and also, if the accident happen to a train belonging to any other company, such last-mentioned company shall send notice of such accident and of the loss of life or personal injury (if any) occasioned thereby to the Board of Trade.

Such notice shall be in such form and shall contain such particulars as the Board of Trade may from time to time direct, and shall be sent by the earliest practicable post after the accident takes place.

The Board of Trade may from time to time by order direct that notice of any class of accidents shall be sent to them by telegraph, and may revoke any such order. Notice of every such order shall be sent to every railway company, and while it is in force notice of every accident of the class to which the order relates shall be sent to the Board of Trade by telegraph immediately after the accident takes place.

Every company who fail to comply with the provisions of this section shall be liable for each offence to a penalty not exceeding twenty pounds.

Inquiry into accidents and formal investigation in serious cases.              7. The Board of Trade may direct an inquiry to be made by an inspector into the cause of any accident, of which notice is for the time being required by or in pursuance of this Act to be sent to the Board of Trade; and where it appears to the Board of Trade, either before or after the commencement of any such inquiry, that a more formal investigation of the accident, and of the causes thereof, and of the circumstances attending the same, is expedient, the Board of Trade may, by order, direct such investigation to be held, and with respect to such investigation the following provisions shall have effect :
(1.) The Board of Trade may, by the same or any subsequent order, appoint any person or persons possessing legal or special knowledge to assist an inspector in holding the same, or may direct the county court judge, stipendiary magistrate, metropolitan police magistrate, or other person or persons named in the same or any subsequent order, to hold the same with the assistance of an inspector or any other assessor or assessors named in the order :
(2.) The persons holding any such formal investigation (herein-after referred to as the court) shall hold the same in open court in such manner and under such conditions as they may think most effectual for ascertaining the causes and circumstances of the accident, and enabling them to make the report in this section mentioned :
(3.) The court shall have for the purpose of such investigation all the powers of a court of summary jurisdiction when acting as a court in the exercise of its ordinary jurisdiction, and all the powers of an inspector under this Act, and in addition the following powers; namely,
(a.) They may enter and inspect any place or building the entry or inspection whereof appears to them requisite for the said purpose :
(b.) They may by summons under their hands require the attendance of all such persons as they think fit to call before them and examine for the said purpose, and may for such purpose require answers or returns to such inquiries as they think fit to make :
(c.) They may require and enforce the production of all books, papers, and documents which they consider important for the said purpose :
(d.) They may administer an oath, and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination :
(e.) Every person so summoned not being a person engaged in the management, service, or employment of a company, or otherwise connected with a company, shall be allowed such expenses as would be allowed to a witness attending on subpœna before a court of record; and in case of dispute as to the amount to be allowed, the name shall be referred by the court to a master of one of the superior courts, who, on request under the hands of the members of the court, shall ascertain and certify the proper amount of such expenses :
(4.) The inspector making an inquiry into any accident and the court holding an investigation of any accident shall make a report to the Board of Trade stating the causes of the accident and all the circumstances attending the same, and any observations thereon or on the evidence or on any matters arising out of the investigation which they think right to make to the Board of Trade, and the Board of Trade shall cause every such report to be made public in such manner as they think expedient.

Appointment of an assessor to coroner.                                         8. Where any coroner in England holds or is about to hold an inquest on the death of any person occasioned by an accident, of which notice for the time being is required by or in pursuance of this Act to be sent to the Board of Trade, and makes a written request to the Board of Trade in this behalf, the Board of Trade may appoint an inspector or some person possessing legal or special knowledge to assist in holding such inquest, and such appointee shall act as the assessor of the coroner, and shall make the like report to the Board of Trade, and the report shall be made public in like manner as in the case of a formal investigation of an accident under this Act.

Railway Statistics.
Companies to furnish statements of capital, traffic, and working expenditure.  9.[1] Every company shall annually prepare returns of their capital, traffic, and working expenditure for the last preceding financial year of the company in accordance with the forms contained in Schedule One to this Act, and a copy of each return signed by the chairman or deputy chairman of the directors of the company, and by the officer of the company responsible for the correctness of each return, or any part thereof, shall be forwarded by the company to the Board of Trade at the times following; (that is to say,)

if the company is an incorporated company, within fourteen days after the first ordinary half-yearly meeting of the company held in each year :
if the company is not an incorporated company, or fails to hold half-yearly meetings, not later than the thirty-first day of March in each year.

Any company which fails to forward the said return in accordance with the provisions of this section shall be liable to a penalty not exceeding five pounds for every day during which such default continues.

The Board of Trade, with the consent of a company, may alter the said forms as regards such company for the purpose of adapting them to the circumstances of such company or of better carrying into effect the objects of this section.

Penalty for false return.                                                      10. If any return which is required by this Act is false in any particular to the knowledge of any person who signs the same, such person shall be liable on conviction thereof on indictment to fine and imprisonment or on summary conviction thereof to a penalty not exceeding fifty pounds.

Miscellaneous.
Disobedience to or obstruction of inspector or court.                          11. If any person, without reasonable excuse (proof whereof shall lie on him), does any of the following things; namely,
(1.) Having been summoned, and having had the expenses (if any) to which he is entitled tendered to him, fails to attend as a witness before any inspector under this Act, or before a court holding an investigation under this Act, or fails when required by the inspector or such court in pursuance of this Act so to do, to make any answer, or to give any return, or to produce any document, or to make or sign any declaration; or
(2.) Prevents or impedes the inspector or such court in the execution of his or their duty,
he shall for every such offence incur a penalty not exceeding ten pounds, and in the case of a refusal to make any return or produce any document, not exceeding ten pounds during every day that such failure continues; and where the offence consists of preventing or impeding as aforesaid, the inspector, or any member of such court, or any person called by him to his assistance, may seize and detain the offender until he can be conveniently taken before a court of summary jurisdiction, to be dealt with according to law.

Limitation of liability of companies on sea voyages in certain cases.          12. Where a railway company under a contract for carrying persons, animals, or goods by sea procure the same to be carried in a vessel not belonging to the railway company, the railway company shall be answerable in damages in respect of loss of life or personal injury, or in respect of loss of or damage to animals or goods, in like manner and to the same amount as the railway company would be answerable if the vessel had belonged to the railway company; provided that such loss of life or personal injury, or loss or damage to animals or goods, happens to the person, animals, or goods (as the case may be) during the carriage of the same in such vessel, the proof to the contrary to lie upon the railway company.

[S. 13. (amending 10 & 11 Vict. c. 82.; 13 & 14 Vict. c. 37.) is rep. as to E., 42 & 43 Vict. c. 49, and spent or superseded by the repeal of the amended Acts. See now as to punishment of juvenile offenders, 42 & 43 Vict. c. 49, as to England, and 47 & 48 Vict. c. 19. as to Ireland.]

[S. 14 (partly rep. 46 & 47 Vict. c. 39. (S.L.R.)) inserts a word in 31 & 32 Vict. c. 119. s. 23.; see that section.]

Recovery, &c. of penalties. 8 & 9 Vict. cc. 20, 33.                            15. Every penalty imposed by this Act shall be recovered and applied in the same manner as penalties imposed by the Railways Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation (Scotland) Act, 1845 (as the case may require), are for the time being recoverable and applicable.

Application of Act to Scotland.                                                16. In the application of this Act to Scotland—
(1.) The term “attending on subpœna before a court of record” means attending on citation the Court of Justiciary.
(2.) The Queen's and Lord Treasurer's Remembrancer shall perform the duties of a master of one of the Superior Courts under this Act.
(3.) The term “stipendiary magistrate” means a sheriff or sheriff substitute.

[S. 17 rep. 46 & 47 Vict. c. 39. (S.L.R.) S. 18 rep. 56 & 57 Vict. c. 54. (S.L.R.)]

SCHEDULE ONE.[1]

SCHEDULE TWO.
Sect. 1 .
Session and Chapter.    Title of Act.
3 & 4 Vict. c. 97. - -  An Act for regulating Railways.
5 & 6 Vict. c. 55. - -  An Act for the better regulation of Railways and the conveyance of troops.

7 & 8 Vict. c. 85. - -  An Act to attach certain conditions to the construction of future Railways authorized or to be authorized by any Act of the present or succeeding Sessions of Parliament; and for other purposes in relation to Railways.

[1 The returns required under this section include such statements as the Board of Trade may prescribe, 51 & 52 Vict. c. 25. s. 32, and the forms in Schedule One have been superseded by forms prescribed by the Board of Trade under that Act.]

[1 See note to s. 9.]


[24 th December, 2015]
Be it enacted by the Oireachtas as follows:
Amendment of section 2 of Bail Act 1997
1. Section 2 of the Bail Act 1997 is amended—
(a) by the insertion of the following subsections after subsection (2):
“(2A) In addition to taking into account the matters referred to in subsection (2) in exercising its jurisdiction under subsection (1), where—
(a) an application for bail is made by a person charged with a serious offence which is a relevant offence, where the relevant offence is alleged to have been committed in a dwelling, and
(b) the circumstances specified in subsection (2B) exist in respect of the person making that application,
a court, in exercising that jurisdiction, shall consider the existence of those circumstances as evidence that the person is likely to commit a relevant offence in a dwelling.

(2B) The circumstances referred to in subsection (2A)(b) are that the person—
(a) is charged with a relevant offence alleged to have been committed—
(i) in a dwelling,
(ii) on or after the coming into operation of section 1 of the Criminal Justice (Burglary of Dwellings) Act 2015, and
(iii) after he or she attained the age of 18 years,
in respect of which the application for bail is being made,
(b) has a conviction for a relevant offence where the relevant offence was committed in a dwelling in the period of 5 years immediately prior to the application for bail irrespective of whether or not the person committed that relevant offence before or after he or she had attained the age of 18 years, and
(c) at the time of the application for bail in respect of the relevant offence referred to in paragraph (a) —
(i) has convictions for not less than 2 relevant offences (other than a conviction for a relevant offence referred to in paragraph (b)) committed—
(I) in a dwelling,
(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a), and
(III) after he or she attained the age of 18 years,
(ii) is charged with, and is awaiting trial for, not less than 2 relevant offences (other than the relevant offence referred to in paragraph (a)) alleged to have been committed—
(I) in a dwelling,
(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a), and
(III) after he or she attained the age of 18 years,
or
(iii) has a conviction for a relevant offence (other than a conviction for a relevant offence referred to in paragraph (b)) and is charged with, and is awaiting trial for, a relevant offence (other than the relevant offence referred to in paragraph (a)) committed or alleged to have been committed, as the case may be—
(I) in a dwelling,
(II) within a period commencing 6 months before and ending 6 months after the alleged commission of the relevant offence referred to in paragraph (a), and
(III) after he or she attained the age of 18 years.
(2C) A reference in subsection (2B) to a conviction for a relevant offence includes a reference to a conviction for a relevant offence which is the subject of an appeal (which has neither been determined nor withdrawn).

(2D) Nothing in subsection (2B)(b) shall be taken to prejudice the operation of section 258 of the Children Act 2001 .”,
and
(b) by the insertion of the following subsection after subsection (3):
“(4) In this section—
‘dwelling’ includes—
(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,
(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used, or
(c) a part of a dwelling;
‘relevant offence’ means an offence under section 12 or 13 of the Criminal Justice (Theft and Fraud Offences) Act 2001 .”.

Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001
2. The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended by the insertion of the following section after section 54:
“Consecutive sentencing for burglary of dwelling
54A. (1) Subject to this section, where a person—
(a) is convicted of a relevant offence and is being sentenced to a term of imprisonment in respect of that offence where that offence was committed—
(i) in a dwelling, and
(ii) after he or she has attained the age of 18 years,
(b) has a conviction for a relevant offence (other than the relevant offence referred to in paragraph (a)) whether or not any sentence (whether of imprisonment or otherwise) was imposed in respect of that conviction and where that offence was committed—
(i) in a dwelling,
(ii) in the period of 5 years immediately prior to the commission of the relevant offence referred to in paragraph (a), and
(iii) after he or she attained the age of 18 years,
and
(c) has a conviction for a relevant offence and was sentenced to a term of imprisonment in respect of that conviction, where that relevant offence was committed by the person—
(i) in a dwelling,
(ii) within a period commencing 6 months before and ending 6 months after the commission of the relevant offence referred to in paragraph (a), and
(iii) after he or she attained the age of 18 years,
any sentence of imprisonment imposed on the person for the relevant offence referred to in paragraph (a) shall be consecutive on the sentence referred to in paragraph (c) or, if a sentence of imprisonment has been imposed in respect of a relevant offence referred to in paragraphs (b) and (c), the last of those sentences due to expire.

(2) Where, in relation to a person referred to in subsection (1), a relevant offence committed by the person would come within paragraphs (b) and (c) of that subsection, then, that relevant offence may be considered for the purpose of satisfying either paragraph (b) or (c) of that subsection but not both.
(3) Subsection (1) applies to a person in respect of a relevant offence referred to in paragraph (a) of that subsection only if that relevant offence is committed after the coming into operation of section 2 of the Criminal Justice (Burglary of Dwellings) Act 2015 and that subsection shall apply to the person whether the other relevant offences referred to in paragraphs (b) and (c) of that subsection were committed before or after such coming into operation.
(4) Where two or more consecutive sentences required by subsection (1) are imposed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.
(5) A reference in paragraphs (b) and (c) of subsection (1) to a conviction includes a reference to a conviction for a relevant offence which is the subject of an appeal (which has neither been determined nor withdrawn).
(6) In this section—
‘dwelling’ includes—
(a) a building or structure (whether temporary or not) which is constructed or adapted for use as a dwelling and is being so used,
(b) a vehicle or vessel (whether mobile or not) which is constructed or adapted for use as a dwelling and is being so used, or
(c) a part of a dwelling;
‘relevant offence’ means an offence under section 12 or 13.”.

Short title and commencement
3. (1) This Act may be cited as the Criminal Justice (Burglary of Dwellings) Act 2015.
(2) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.