Church of Ireland Act, 1823

CHURCH OF IRELAND ACT 1823

C A P. LXXXVI.

An Act to amend the Laws for collecting Church Rates, and Money advanced by the Trustees and Commissioners of the First Fruits of Ecclesiastical Benefices, and for the Improvement of Church Lands, in Ireland. [18th July 1823.]

54 G. 3. c.68.

§ 7.

repealed.

Whereas by an Act passed in the Fifty fourth Year of the Reign of His late Majesty King George the Third, intituled An Act for the better Regulation of Ecclesiastical Courts in Ireland, and for the more easy Recovery of Church Rates and Tithes, it is amongst other Things enacted, that if any one duly rated to a Church Rate or Parish Cess, the Validity whereof has not been questioned in any Ecclesiastical Court, shall refuse or neglect to pay the same Sum at which he is so rated, it shall be lawful for any one Justice of the Peace of the County, County of a City or Town Corporate, where the Church is situated in respect whereof such Rate or Parish Cess shall have been made, upon Complaint of any Churchwarden or Churchwardens who ought to receive and collect the same, to examine into the Merits of such Complaint, and to make order for Payment of what is due and payable in respect of such Rate or Cess, and to levy the same in such Manner as in the said recited Act is mentioned and directed; and it is by the said Act provided, that if the Validity of such Rate or Cess, or the Liability of the Person from whom it is demanded to pay the same, be disputed, and the Party disputing give Notice thereof to the Justices, the Justices shall forbear giving Judgment thereupon: And Whereas the said Proviso has been found in a great Measure to defeat the Intent and Purpose of the said recited Act, so far as relates to such Church Rates or Cesses;’ Be it therefore enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That the said hereinbefore recited Proviso in the said recited Act shall be and the same is hereby repealed.