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	Statutes of Northern Ireland
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IRISH CHURCH ACT 1869

IRISH CHURCH ACT 1869 - LONG TITLE

An Act to put an end to the Establishment of the Church of
Ireland, and to make provision in respect of the Temporalities
thereof, and in respect of the Royal College of Maynooth.{1}
[26th July 1869]
WHEREAS it is expedient that the union created by Act of Parliament
between the Churches of England and Ireland, as by law established,
should be dissolved, and that the Church of Ireland, as so
separated, should cease to be established by law, and that after
satisfying, so far as possible, upon principles of equality as
between the several religious denominations in Ireland, all just and
equitable claims, the property of the said Church of Ireland, or
the proceeds thereof, should be applied in such manner as Parliament
shall hereafter direct:

And whereas Her Majesty has been graciously pleased to signify that
she has placed at the disposal of Parliament her interest in the
several archbishoprics, bishoprics, benefices, cathedral preferments,
and other ecclesiastical dignities and offices in Ireland:

IRISH CHURCH ACT 1869 - SECT 1
Short title.

1. This Act may be cited for all purposes as "The Irish Church
Act, 1869."

IRISH CHURCH ACT 1869 - SECT 2
Dissolution of legislative union between Churches of England and
Ireland.

2. On and after the first day of January one thousand eight
hundred and seventy-one the said union created by Act of Parliament
between the Churches of England and Ireland shall be dissolved, and
the said Church of Ireland, herein-after referred to as "the said
Church," shall cease to be established by law.

Ss.318 rep. by SLR 1893 (No.2); SLR (NI) 1954; SLR 1980

Repeal of laws prohibiting holding of synods, &c.

IRISH CHURCH ACT 1869 - SECT 19

19.... nothing in any Act, law, or custom shall prevent the
bishops, the clergy, and laity of the said Church, by such
representatives, lay and clerical, and to be elected as they the
said bishops, clergy, and laity shall appoint, from meeting in
general synod or convention, and in such synod or convention framing
constitutions and regulations for the general management and good
government of the said Church and property and affairs thereof, and
the future representation of the members thereof in diocesan synods,
general convention, or otherwise.

IRISH CHURCH ACT 1869 - SECT 20
Existing law to subsist by contract.

20. The present ecclesiastical law of Ireland, and the present
articles, doctrines, rites, rules, discipline, and ordinances of the
said Church, with and subject to such (if any) modification or
alteration as may be duly made therein according to the constitution
of the said Church for the time being, shall be deemed to be
binding on the members for the time being thereof in the same
manner as if such members had mutually contracted and agreed to
abide by and observe the same, and shall be capable of being
enforced in the temporal courts in relation to any property which
under and by virtue of this Act is reserved or given to or taken
and enjoyed by the said Church or any members thereof, in the same
manner and to the same extent as if such property had been
expressly given, granted, or conveyed upon trust to be held,
occupied, and enjoyed by persons who should observe and keep and be
in all respects bound by the said ecclesiastical law, and the said
articles, doctrines, rites, rules, discipline, and ordinances of the
said Church, subject as aforesaid; but nothing herein contained shall
be construed to confer on any archbishop, bishop, or other
ecclesiastical person any coercive jurisdiction whatsoever:.....

S.21 rep. by SLR 1893 (No.2)

IRISH CHURCH ACT 1869 - SECT 22
Incorporation of Church body.

22. If at any time it be shown to the satisfaction of Her Majesty
that the bishops, clergy, and laity of the said Church in Ireland,
or the persons who, for the time being, may succeed to the
exercise and discharge of the episcopal functions of such bishops,
and the clergy and laity in communion with such persons, have
appointed any persons or body to represent the said Church and to
hold property for any of the uses or purposes thereof, it shall be
lawful for Her Majesty by charter to incorporate such body, with
power, ..., to hold lands to such extent as is in this Act
provided, but not further or otherwise.

Ss.2329 rep. by SLR 1893 (No.2); SLR (NI) 1954; SLR 1980

IRISH CHURCH ACT 1869 - SECT 30
Property belonging to see or church.

30.... where any property is vested in any ecclesiastical or
cathedral corporation in Ireland in trust for the poor or any other
charitable purpose, the dissolution of such corporation shall not
affect the continuance of the trust, but such property shall
immediately upon such dissolution vest in the representative body of
the said Church,... but subject always to the trusts affecting the
same, and under the same supervision, local or otherwise, as
theretofore, or as near thereto as the circumstances of the case
will admit; and in all cases where ecclesiastical persons are at
present in right of their dignities or offices entitled to be
members of any lay corporations constituted for the management of
any private endowment, or are trustees for the management of
property belonging to institutions of private foundation for purposes
not ecclesiastical, then the persons (if any) who shall hereafter at
any time discharge duties similar or analogous to those now
discharged by such ecclesiastical persons shall be entitled to
succeed in their room, and be members of such lay corporations, and
to act as such trustees.

Ss.31, 32 rep. by SLR 1893 (No.2)

IRISH CHURCH ACT 1869 - SECT 33
Commissioners may purchase surrender or assignment of lease.

33. The Commissioners may, in order to the commutation of tithe
rentcharge, purchase the surrender or assignment of any subsisting
lease of tithe rentcharge made by an ecclesiastical person or
corporation.

IRISH CHURCH ACT 1869 - SECT 34
Power to Commissioners to sell property vested in them by this Act.

34. The Commissioners may at any time sell by public auction or
private contract, or otherwise convert into money, any real or
personal property vested in them by this Act, subject to the other
provisions of this Act, and to the following conditions:

(1)They shall not sell to the public any perpetual yearly rent
issuing out of any land, ... where the fee simple of the land
subject to such rent... is vested in some person other than the
Commissioners, until they have given notice to the owner of such
land that they are willing to sell the same to him at the price
herein-after mentioned, and the owner has declined to accept their
offer:

(2)[Perpetuity rents may be sold to the owner of the land out of
which they issue for such consideration as is determined by the
Ministry of Finance under section two of the Tithe Rentcharge and
Variable Rents Act (Northern Ireland), 1930, as amended by section
one of the Finance (Miscellaneous Provisions) Act (Northern Ireland),
1949.]

Para.(3) rep. by SLR 1980; para.(4) rep. by SLR (NI) 1954; para.(5)
rep. by SLR 1980

(6)Notice shall be given to the owner, where such owner is known
to the Commissioners, by sending by post a letter containing the
terms of the offer addressed to him at his last known place of
abode; where he is not known, notice may be given by advertising
the terms in the [Belfast Gazette], and in one or more local
newspapers as the Commissioners may determine:

(7)An owner shall be deemed to have declined to accept the offer
of the Commissioners if he do not accept the same in writing, and
pay or secure the purchase money to the Commissioners within three
months after the giving of such notice as aforesaid:

(8)"Owner of land" for the purpose of this section shall include a
"limited owner" as defined by the Landed Property (Ireland)
Improvement Act, 1860; and any limited owner may raise the money
required for any purchase under this section, or any part thereof,
by mortgage (at a rate of interest not exceeding five pounds per
centum per annum) of the land of which he is such limited owner
as aforesaid.

Any person purchasing from the Commissioners shall hold the lands,
tenements, and hereditaments purchased by him subject to all tenants
rights of renewal to which the same were subject in the hands of
the Commissioners at the time of such sale.

Ss.3542 rep. by SLR 1893 (No.2); SLR (NI) 1954; SLR 1980

Ss.4347 rep. by SLR 1893 (No.2)

Ss.4851 rep. by SLR (NI) 1954; SLR 1980

Power of Commissioners to accept mortgages as security for a portion
of purchase money.

IRISH CHURCH ACT 1869 - SECT 52

52. Where the Commissioners sell any ... interest in land in
pursuance of this Act, the Commissioners may credit the purchaser
with such part of the purchase money, not exceeding three-fourth
parts, as they think proper, on having payment of the same, with
interest at the rate of four per centum per annum, secured to the
satisfaction of the Commissioners; and any such purchase money may
be made payable by half-yearly instalments not exceeding sixty-four
in number.

Ss.5367 rep. by SLR 1893 (No.2); SLR (NI) 1954; SLR 1980

Ultimate trust of surplus.

IRISH CHURCH ACT 1869 - SECT 68

68. And whereas it is further expedient that the proceeds of the
said property should be appropriated mainly to the relief of
unavoidable calamity and suffering, yet not so as to cancel or
impair the obligations now attached to property under the Acts for
the relief of the poor: the said proceeds shall be so applied
accordingly in the manner Parliament shall hereafter direct.

Provision as to Acts relating to United Church of England and
Ireland.

IRISH CHURCH ACT 1869 - SECT 69

69. In all enactments, deeds, and other documents in which mention
is made of the United Church of England and Ireland, the enactments
and provisions relating thereto shall be read distributively in
respect of the Church of England and the Church of Ireland, but,
as to the last-mentioned Church, subject to the provisions of this
Act.

IRISH CHURCH ACT 1869 - SECT 70
Saving rights as to proprietary chapels and chapels of ease.

70. Nothing in this Act contained shall affect the patronage or
right of presentation to any proprietary or district parochial church
or endowed chapel of ease which has been endowed out of private
funds, or affect the property in any such church or chapel, or the
property held for the purposes of or appropriated to the use of
the same, or affect the continuance of the trust relating thereto
as originally constituted.

IRISH CHURCH ACT 1869 - SECT 71
Saving for 1800 c.67 and 1800 c.38 (I).

71. Nothing herein contained shall affect the Union with Ireland
Act, 1800, or the Act of Union (Ireland), 1800, or anything done
thereby, except in so far as relates to the union of the Churches
of England and Ireland, and except as expressly herein-before
provided.

Interpretation of terms.

IRISH CHURCH ACT 1869 - SECT 72

72. In the construction and for the purposes of this Act the
following words and expressions shall have the meanings hereby
assigned to them respectively, unless there be something in the
subject or context repugnant thereto; (that is to say,)

Definition rep. by SLR 1893 (No.2)

"Lease" shall include an agreement for a lease, or other contract
of tenancy, and the estate or interest created or agreed to be
created thereby:

"Ecclesiastical person" shall mean and include any archbishop or
bishop, or person holding any benefice or cathedral preferment as
herein-after defined:

"Church" shall include a public chapel or chapel of ease, also a
cathedral or collegiate church:

"Benefice" shall mean and include every parish, rectory, vicarage,
perpetual curacy, donative, chantry, endowed public chapel, parochial
chapelry, and chapelry or district annexed, or reputed to be
annexed, to any church or chapel, and whether the same be or be
not within any exempt or peculiar jurisdiction:

"Glebe house" shall mean a house of residence belonging to any
benefice as herein-before defined:

"Cathedral preferment" shall mean and include every deanery,
archdeaconry, prebend, canonry, chaplaincy, office of minor canon,
chantry, office of priest vicar, vicar choral or choirman, having
any prebend or endowment belonging thereto, or belonging to any body
corporate consisting of persons holding any such office, and also
every precentorship, treasurership, sub-deanery, chancellorship of the
church, and other dignity and office in any cathedral or collegiate
church:

"Cathedral corporation" shall mean any dean and chapter or chapter,
and also any corporation of minor canons, or vicars and choirmen,
or vicars choral, or any other subordinate corporation of or
belonging to or connected with any cathedral or collegiate church in
Ireland:

"Curate" shall include residentiary preacher or reader:

"Property" shall include things in action and rights of action:

"Jurisdiction" shall mean legal and coercive power, and shall not
extend to or include any power or authority which may be exercised
in a voluntary religious association, upon the footing of mutual
contract or agreement.