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Judge or Judges of Assize, &c. may grant Compensation for malicious Injury or Damage to Churches, to be levied by Grand Jury Presentment.
Traverse of Presentment above 5l. to be tried at same or next Assizes.
Notice thereof to be given within Ten Days after Offence committed.
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LXXII. And be it further enacted, That if any Church, Chapel, or other Building used for Religious Worship according to the Usage of the United Church of England and Ireland shall be maliciously or wantonly demolished, pulled down, burned, or set fire to, or in any Manner maliciously or wantonly injured or damaged, it shall and may be lawful for the said Ecclesiastical Commissioners, or any Person or Persons to be by them deputed in that Behalf, by Writing under their Common Seal, to sue for and recover Satisfaction and Amends for such malicious or wanton Demolition, Burning, Firing, or Injury or Damage as aforesaid, at the next Assizes to be held for the County in which such Church, Chapel, or other Building may be situate, or if in the County of Dublin, at the next Presenting Term, or if in the City of Dublin, at the next Quarter Sessions for the said City, by exhibiting to the Judge or Judges of Assize, or to the Court of King’s Bench for the said County of Dublin, or to the Recorder of the City of Dublin if at such Quarter Sessions, a Petition, praying such Satisfaction and Amends as aforesaid, and therein setting forth particularly the Injury or Damage done or committed, and the particular Amount and Nature thereof, by what Number of Persons such Injury or Damage was done or committed, and the Names or Descriptions of such Offenders, so far as the same shall be known to the Petitioners; and the Matter of such Petition shall be inquired into by such Judge or Judges of Assize, or Court of King’s Bench, or Recorder, in open Court, in the Presence of the Grand Jury impannelled and sworn at such Assizes or Presenting Term or Sessions, on the Oath of such Person or Persons as may be produced to testify as to the same; and if on Consideration of the Matter such Judge or Judges of Assize, or Recorder, shall be of opinion that such Demolition, Burning, Firing, or other Injury or Damage was wantonly or maliciously done, such Judge or Judges shall inquire into the Amount of such Injury or Damage done or committed as aforesaid; and the said Grand Jury shall thereupon, and they are hereby required, pursuant to the Directions of such Judge or Judges, Court of King’s Bench, or Recorder as aforesaid, to present such Sum or Sums of Money as shall appear to be the Amount of the Injury or Damage committed as aforesaid to be raised either on the County, County of a City or Town, Barony, Town or Towns, Parish or Parishes, in or near which such Offence shall have been committed, and in such Proportions as they shall think fit; which Sum or Sums so presented as aforesaid shall be applotted, levied, and raised by such Ways and Means and in such Form or Manner as other public Money presented at the said Assizes, or Presenting Term, or Sessions; and such Monies shall be paid to the said Commissioners, or to the Person or Persons by them deputed as aforesaid, and be by such Commissioners applied to rebuild or repair such Church, Chapel, or other Building, and be for such Purpose expended by such Person or Persons in such Manner and subject to such Regulations and Security for the due Application thereof as they shall think fit: Provided that if any Person or Persons shall find himself, herself, or themselves aggrieved by any Presentment to be made in pursuance of this Act, such Person or Persons, in case the Sum so presented do exceed the Sum of Five Pounds, shall or may, at the said Assizes, or Presenting Term, or Sessions, traverse the same; which Traverse shall be tried at the same or next ensuing Assizes, Presenting Term, or Sessions, as the Judge or Judges who shall allow the same shall think fit; and if on such Traverse the Issue shall be found for the Traverser, such Presentment shall be discharged, otherwise the same shall be final and conclusive to all Persons; and in case the said Issue shall be found against the Traverser, it shall and may be lawful to and for the Judge before whom the same shall be tried, in case he shall see fit, to award the Costs thereof to be paid by the Traverser, to be taxed and certified by the Clerk of the Crown, the Payment whereof may be enforced, if necessary, by a summary Order of His Majesty’s Court of King’s Bench in Ireland: Provided always, that the said Commissioners, or the Person or Persons by them deputed as aforesaid, or the Rector, Curate, or other officiating Minister, or, in case of Vacancy of the Benefice, any Two Inhabitants of the Parish, within Thirty Days after such Offence shall have been committed, shall give Notice thereof to the High Constable of the Barony and to the Churchwardens of the Parish where such Offence shall have been committed (if such High Constable or Churchwardens shall respectively reside within such Barony and Parish), who are hereby required forthwith to publish the same within such Barony and Parish; and if such High Constable or Churchwardens shall not reside therein as aforesaid, then such Notice shall be given to some Two Inhabitants of such Barony or Parish.
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