The Sun.
London, England, 1835-07-11 00:00:00

IRISH CHURCH.

S OF A BILL FOR THE BETTER REGU-
LATION OF ECCLESIASTICAL REVENUES,
AND THE PROMOTION OF MORAL AND RE-
LIGIOUS INSTRUCTION, IN IRELAND.
Irish Church,
insert the heads of the Bill on the subject of the
Church, introduced by Lord Morpeth. The preamble
runs thus--

HEAD

" Whereas, with a view of rendering the incomes arising
from tithes more certain in amount, and more easy of collec-
tion, several Acts have been from time to time passed, for the
establishment of compositions for tithes throughout Ireland ;
but the interposition of Parliament is further necessary, in re-
ference to various circumstances peculiar to that part of the
United Kingdom.
" And whereas his Majesty has been pleased to issue a Com-
fi issii°n, bearing date the 6th day of August, in the fifth year
is Majesty's reign, authorising and directing the persons
"e ein named to inquire whether adequate provision is now
made for the religious instruction, and for the general educa-
tion of the people of Ireland.
" And whereas it appears by the first Report of the Com-
missioners named in such Commission, that in some parishes
there are no members of the Established Church, and in other
parishes few such members.
of
." And whereas it is just and necessary for the establishment
peace and good order in Ireland, and conducive to reli-
gii" and morality, that after adequate provision made for
spiritual wants of the members of the Established Church,
the surplus income of such parishes shall be applied to the
Torsi and religious education of the people, without distinc-
tion of religious persuasion ; and also that the said composi-
tions for tithes shall be made payable by persons having a
perpetual estate or interest in the lands subject thereto, a rea-
sonable deduction being made upon the amount thereof, in
consideration of the greater facility and security of collection
arising out of such transfer of the liability to the payment
thereof, from the occupying tenantry to the owners of such es-
tates or interests."
We have here the objects of the measure stated with
great elearness ; and argument can add little to the force
of the simple and succinct statement of the principles on
which it is founded.
As affects the Establishment, the question to be deter-
mined is, whether the tithes are better applied to the main-
tenance in idleness and luxury of a clergyman without a
congregation, or to the education of the people ; by which
application of the revenues of a parish is true religion most
likely to be promoted, and which is the surer means of ex-
tending the pure doctrines of Protestantism ?

The following is a summary of the provisions :
" 1. Compositions for tithes abolished, except arrears due by
or to undertaking landlords, and except arrears due by per-
sons having perpetual estates or interest in the land, for the
year 1534.

" Saving for pending suits, commenced previous to the 20th
day of March in this present year, the plaintiff to prosecute or
to discontinue such suit at his option.
, "2. All lands subject to the payment of tithe compositions,
charged with an annual sum by way of rent-charge, equal to
seven-tenths of such compositions, to be payable by the party
having the first estate of inheritance, &c., in such lands.
3. Any estate perpetually renewable, any estate held for
Years, of which one hundred shall be unexpired on the 30th of
~.Niensovember, 1835, and any estate of ecclesiastical lands held by
e from any ecclesiastical person, or under the Ecclesiastical
_%oarinmissioners for Ireland, shall, for the purpose of such rent-
ge, he deemed equivalent to estate of inheritance or
Perpetual estate. q
n an
the If leases under the laws now in force be free of tithes,
ate held thereunder shall not be liable to rent-charge.
ar Ondetermination of any estate chargeable with rent-
charge, the
, next estate shall become chargeable.
am' 1 any person who would have been liable to tithe-
liablPe tnition, hold rnediately or immediately under the person
be rcoovesucil rent-
to
,t,h6e.pesrson primarily liable.
charge, the amount of such rent-charge may
red as rent from the next tenant, and so downwards
Spendingtiell leases, &c. of tithes as have now the effect of
"7. enecini
anissioners oft -
Ia nd.re
Positions, shall determine, and none other.
chargesvetnoneb: under the management of corn-
"B- Commissioners of land-revenues, with consent of Trea-
'",.: may armake regulations for collection, &c. of rent-charges. n
to the repositions for tithes may be revised on application
Commissioners of land-revenues.
f 0,.... e
;0: Grounds on which applications for revision may be
a, shall be submitted to the Commissioners of land reve-
nues for their consid •and found sufficient, such revi-
sion consideration ;
shall be allowed
_ `.` 11, Barristers to be appointed for the purpose of such re-
hat,lllBloll.2. The revising barristers to sit in open court ; and after
_,,cmg heard both sides, to correct any error or injustice
shall appear to them' have occurred in the calculation
to
of suds
composition, and make such order for confirming, in-
!Teasing, or decreasing the amount of each such composition as
shall
,think just and equitable : provided always, that if it
suail appear to such barristers that the annual amount of the
paid or recovered on account of tithes in any such parish,
shalli not have ssaried above one-fifth part of the average nn-
amount of ti.ie whole during the series of seven years,
with reference whereunto such composition may have been cal-
plated, then and in sach case the amount of such composi-
.t;n shall be fixed according to the average annual amount of
the sums so paid and recovered during such seven years, un-
less it shall be shown that such payments were made with an
admission that the tithes were of greater value, or that more
Was due : And provided further, that where any sum shall
have been included in computing the amount of any such
Composition on the evidence of any promissory note or other
instrument or agreement, or of :ivy adjndication made by any
ecclesiastical or other court or justices, in default of the ap-
pearance of the party against whom such adjudication may
have been made, the said barristers shall inquire into the real
value of the tithes in respect whereof such promissory note,
instrument, or agreement, or adjudication may have been
Made, in all cases where evidence of such value may be pro-
duced, and correct accordingly the amount of such composi-
tioia : And provided further, that when any sums shall have
been added to the average amount of the tithe paid or agreed
or adjudged to be paid, during any such series of years as afore..
skid, the said barristers shall examine into the sufficiency of
the grounds and reasons upon which such addition has been
Made as set forth in the statement subjoined to the certificate
of such composition, and shall allow or disallow the same,
and deduct or reduce or increase the sum so added as to them
shall s'eem just : And provided further, that where the tithes
of any ,`and, not having been actually paid or adjudged to be
Paid during the series of years with reference whereto any
composition may have been calculated, the tithes of such land
may have beet estimated or calculated according to the pay-
ments made for tithes of the like kind in the same or any ad-
Joining parish, t according to such information as may have
be obtained, thesaid barristers shall inquire into the facts
and the accuracy O,C such information, and the fairness of any
such estimate, and amend or confirm the calculation of such
composition accordingly : And provided further, that where
y
the amount of any composition shall have been fixed by
agreement, such amount not having been ascertained by any
commissioner or commissioners, or umpire, under the pro-
visions of the said recited acts, and that it shall appear
that either of the eit • hparties thereto entered into such an agree-
tnent in ignorance of any facts, the knowledge whereof was
material to making an equitable arrangement between them,
or under any concealment or misrepresentation of such facts,
and that such agreement was unjust, the said barristers shall
inquire into and ascertain and fix the just amount of compo-
sition which ought to be established in lieu of the sum so
fixed by; agreement. And provided further, that where, in the
calculation of any such composition, it shall appear to the said
barristers that any sum has been included on account of the
tithes of any land which they shall deem to have been tithe-
tree, the said barristers shall exclude such sums in calculating
tho amount of such composition. If the barristers cannot de-
cide, the Courts of Chancery or Exchequer may refer the mat-
ter to the Master, or Chief Remembrances, or direct a feigned
ensue to try the question.
" 18. Composition may be reduced or increased by agree-
ment ,NAween the land-owner and tithe-owner.
" 14. Barristers revising compositions shall make order for
Payment raf the expenses by such a party as think fit, subject
to certain rules.
Basters shall transmit their award to the Lord
Lieutenant, to be laid before the Commissioners of Land Re-
venues, who shill amend rentals of rent-charges and applot-
-.ems accordingly.
" 16. Lord-Lieutenant may order advances from the con-
solidated fund to dei•ray the expense incurred in revision of
composition.
" 17. Barristers may compel attendance of witnesses.
" 18. Barristers may allow expenses to witnesses not inter.,
este
d in the .
1 r" 19
* Revising barristers to be paid Si. ss. per day each
each day they are employed. Expenses of revision, how be repaid.
, "20. A
1 is f P •iv Council may be referred to
ems ers rist ppea s now ae ere y
under this Act.
d. "2.1. Wh
1 ere the liability of lands to rent charge shall be
: Wed, the Courts of Chancery or Exchequer may, upon
islietill°b in a summary wa decide upon such claim of exemp-
°n, or refer the 37' d. ct a feigned issue, as may
matter, or ire
Seem- best,
sti"tl2. 30 .ears ,
non-paymen
t of tithes or composition to con-
e
time,,e a valid exemption ; except where payment prior to that
can be Prond, or except the exemption be in conse-
„ of an expreas stipulation.
t. Provisions for the establishrnet".l of claims of exem-
'
p
Lie n not to extend •11 have been de-
sd by deed f to cases where tithes s
wher or of life or number of years, or
t an any term
d or
writiy an
shall have been made by slee
114 by withthe person -.q
or body corporate entitled to such the, s,
numb e owner or occupier of the land for any such term or
sistinn.`l oi Years, and such demise or composition shall be sub-
. 4.. at the time of the passing of this Act.
entitled'. ime. during which lands shall be held by persons
tier, .the tithes thereof to be excluded in the computa-
resisi. 'lB 'also tie time during which any person capable of
,21,1'e claim shall be an infant, &c.
`saki' In actions commenced under this Act, it shall be
actus; nt to allege that exemption or discharge claimed was
tienaY •exerci:sed and enjoyed for such of the periods men-
/My2•l k this Am as may be applicable to the case.
less No presulaaption allowed in support of any claim for
period than herein mentioned.
• `'. When tithe free lands have been subjected to compel.
artion
such composition shall be reduced.
"28, ',sons entitled , for tithes shall deli-
ver up to
EL m Commissioners of Land Revenues the attested
eePles• Of cars `ificates and applotment books.
"29, One , hundred pounds penalty on any person neglect,