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bishop or the judge, and any proceedings to enforce obedience to such monition or order shall be taken by direction of the judge.
14. [Faculty not necessary in certain cases.] It shall not be necessary to obtain a faculty from the ordinary in order lawfully to obey any monition issued under this Act, and if the judge shall direct in any monition that a faculty shall be applied for, such fees only shall be paid for such faculty as may be directed by the rules and orders; provided that nothing in this Act contained shall be construed to limit or control the discretion vested by law in the ordinary as to the grant or refusal of a faculty: Provided also, that a faculty shall, on application, be granted, if unopposed, on payment of such a fee (not exceeding two guineas) as shall be prescribed by the rules and orders, in respect of any alteration in or addition to the fabric of any church, or in respect of any ornaments or furniture, not being contrary to law, made or existing in any church at the time of the passing of this Act.
15. [Service of notices.] All notices and other documents directed to be given to any person under this Act shall be given in the manner prescribed by rules and orders.
16. [Substitute for bishop when patron, or in case of illness.] If any bishop shall be patron of the benefice or of any ecclesiastical preferment held by the incumbent respecting whom a representation shall have been made, or shall be unable from illness to discharge any of the duties imposed upon him by this Act in regard to any representation, the archbishop of the province shall act in the place of such bishop in all matters thereafter arising in relation to such representation; and if any archbishop shall be patron of the benefice or of any ecclesiastical preferment held by the incumbent respecting whom a representation shall have been made, or shall be unable from illness to discharge any of the duties imposed upon him by this Act in regard to any representation, Her Majesty may, by Her Sign Manual, appoint an archbishop or bishop to act in the place of such archbishop in all matters thereafter arising in relation to such representation.
17. [Provisions relating to cathedral or collegiate church.] The duties appointed under this Act to be performed by the bishop of the diocese shall in the case of a cathedral or collegiate church be performed by the visitor thereof.
If any complaint shall be made concerning the fabric, ornaments, furniture, or decorations of a cathedral or collegiate church, the persons complained of shall be the dean and chapter of such cathedral or collegiate church, and in the event of obedience not being rendered to a monition relating to the fabric, ornaments, furniture, or decorations of such cathedral or collegiate church, the visitor or the judge, as the case may be, shall have power to carry into effect the directions contained in such
monition, and, if necessary, to raise the sum required to defray the cost thereof by sequestration of the profits of the preferments held in such cathedral or collegiate church by the dean and chapter thereof.
If any complaint shall be made concerning the ornaments of the minister in a cathedral or collegiate church, or as to the observance therein of the directions contained in the Book of Common Prayer, relating to the performance of the services, rites, and ceremonies ordered by the said book, or as to any alleged addition to, alteration of, or omission from such services, rites, and ceremonies in such cathedral or collegiate church, the person complained of shall be the clerk in holy orders alleged to have offended in the matter complained of; and the visitor or the judge, as the case may be, in the event of obedience not being rendered to a monition, shall have the same power as to inhibition, and the preferment held in such cathedral or collegiate church by the person complained of shall be subject to the same conditions as to avoidance, notice, and lapse, and as to any subsequent appointment, presentation, collation, or nomination thereto, and as to due provision being made for the performance of the duties of such person, as are contained in this Act concerning an incumbent to whom a monition has been issued, and concerning any benefice or other ecclesiastical preferment held by such incumbent.
18. [Limitation of proceedings against incumbent.] When a sentence has been pronounced by consent, or any suit or proceeding has been commenced against any incumbent under the Act of 3 & 4 Vict. c. 86, he shall not be liable to proceedings under this Act in respect of the same matter; and no incumbent proceeded against under this Act shall be liable to proceedings under the said Act of 3 & 4 Vict., in respect of any matter upon which judgment has been pronounced under this Act.
19. [Rules for settling procedure and fees under this Act.] Her Majesty may by Order in Council, at any time either before or after the commencement of this Act, by and with the advice of the Lord High Chancellor, the Lord Chief Justice of England, the judge to be appointed under this Act, and the archbishops and bishops who are members of Her Majesty's Privy Council, or any two of the said persons, one of them being the Lord High Chancellor or the Lord Chief Justice of England, cause rules and orders to be made for regulating the procedure and settling the fees to be taken in proceedings under this Act, so far as the same may not be expressly regulated by this Act, and from time to time alter or amend such rules and orders. All rules and orders made in pursuance of this section shall be laid before each House of Parliament within forty days after the same are made, if Parliament is then sitting, or if not, within forty days after the
then next meeting of Parliament; and if an address is presented to Her Majesty by either of the said Houses within the next subsequent forty days on which the House shall have sat praying that any such rules may be annulled, Her Majesty may thereupon by Order in Council annul the same, and the rules and orders so annulled shall thenceforth become void, without prejudice to the validity of any proceedings already taken under the same.
I do hereby solemnly declare that I am a member of the Church of England as by law established.
Witness my hand this
"PUBLIC WORSHIP REGULATION ACT, 1874."
To the Right Rev. Father in God, A., by Divine permission Lord Bishop of B.
I, [We,] C.D., Archdeacon of the archdeaconry of
[or a churchwarden or three parishioners of the parish of E., in your Lordship's diocese, do hereby represent that [the person or persons complained of] has or have [state the matter to be represented; if more than one, then under separate heads].
37 & 38 VICT. CAP. 77.
An Act respecting Colonial and certain other Clergy.
[7th August, 1874.]
HEREAS by divers Acts of Parliament certain disabilities are imposed on persons ordained by bishops not being bishops of the United Church of England and Ireland:
And whereas by an Act, 32 & 33 Vict. c. 42, it is enacted that the union created by Act of Parliament between the churches of England and Ireland shall be dissolved, and that enactments relating to the said United Church shall be read distributively in respect of the Church of England and the Church of Ireland:
And whereas it is desirable to amend the law respecting persons having been ordained by bishops, not being bishops of either of the said separate churches or of the said United Church, hereinafter collectively called "the churches aforesaid " :
Be it therefore enacted, &c., as follows:
1. This Act may be cited as The Colonial Clergy Act, 1874. 2. [Repeal of enactments in Schedule A.] The enactments enumerated in Schedule A. annexed to this Act are repealed, but not so as to render invalid anything lawfully done in conformity with any of them.
3. [Colonial and certain other clergy not to officiate without permission from the archbishop.] Except as herein-after mentioned, no person who has been or shall be ordained priest or deacon, as the case may be, by any bishop other than a bishop of a diocese in one of the churches aforesaid shall, unless he shall hold or have previously held preferment or a curacy in England, officiate as such priest or deacon in any church or chapel in England, without written permission from the archbishop of the province in which he proposes to officiate, and without also making and subscribing so much of the declaration contained in "The Clerical Subscription Act, 1865," as follows; (that is to say,)
"I assent to the Thirty-nine Articles of Religion, and to the "Book of Common Prayer, and of the ordering of bishops, priests, and deacons. I believe the doctrine of the Church of England as therein set forth to be agreeable to the Word of "God; and in public prayer and administration of the sacraments, I, whilst ministering in England, will use the form in "the said Book prescribed and none other, except so far as "shall be ordered by lawful authority."
4. [Nor to hold preferment nor act as curates without consent of bishop.] Except as herein-after mentioned, no person who has been or shall be ordained priests or deacon, as the case may be, by any bishop other than a bishop of a diocese in one of the churches aforesaid, shall be entitled as such priest or deacon to be admitted or instituted to any benefice or other ecclesiastical preferment in England, or to act as curate therein, without the previous consent in writing of the bishop of the diocese in which such preferment or curacy may be situate.
5. [As to license.] Any person holding ecclesiastical preferment, or acting as curate in any diocese in England under the provisions of this Act, may, with the written consent of the bishop of such diocese, request the archbishop of the province to give him a license in writing under his hand and seal in the following form; that is to say,
"To the Rev. A.B.,
"We, C., by Divine Providence Archbishop of D., do hereby give you the said A.B. authority to exercise your office of
priest (or deacon) according to the provisions of an Act 37 & 38 Vict. intituled 'An Act respecting Colonial and certain "other Clergy.'
"Given under our hand and seal on the
day of "C. (L. S.) D." And if the archbishop shall think fit to issue such license, the same shall be registered in the registry of the province, and the person receiving the license shall thenceforth possess all such rights and advantages, and be subject to all ́such duties and liabilities as he would have possessed and been subject to if he had been ordained by the bishop of a diocese in England: Provided that no such license shall be issued to any person who has not held ecclesiastical preferment or acted as curate for a period or periods exceeding in the aggregate two years.
6. [Appointments, &c. contrary to Act void.] All appointments, admissions, institutions, or inductions to ecclesiastical preferment in England, and all appointments to act as curate therein, which shall hereafter be made contrary to the provisions of this Act, shall be null and void.
7. [Penalty for officiating contrary to Act.] If any person shall officiate as priest or deacon in any church or chapel in England contrary to the provisions of this Act, or if any bishop not being bishop of a diocese in England shall perform episcopal functions in any such church or chapel without the consent in writing of the bishop of the diocese in which such church or chapel is situate, he shall for every such offence forfeit and pay the sum of ten pounds to the Governors of Queen Anne's Bounty, to be recovered by action brought within six months after the commission of such offence by the treasurer of the said Bounty in one of Her Majesty's Superior Courts of Common Law; and the incumbent or curate of any church or chapel who shall knowingly allow such offence to be committed therein shall be subject to a like penalty, to be recovered in the same manner.
8. [Persons ordained under 15 & 16 Vict. c. 52 exempt.] Any person ordained a priest or deacon in pursuance of such request and commission as are mentioned in an Act 15 & 16 Vict. c. 62, shall, for the purposes of this Act, be deemed to have been so ordained by the bishop of a diocese in England, and it shall not be necessary that the bishop to whom such commission shall have been given should have exercised his office within Her Majesty's dominions, or by virtue of Her Majesty's Royal Letters Patent, provided that such bishop be a bishop in communion with the Church of England; and such commission shall not become void by the death of the grantor until after seven days: Provided always, that any such act of ordination by any such bishop as aforesaid shall be subject to the same laws and provisions as to the titles and as to the oaths and subscriptions of the persons to be ordained, and as to the registra