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tion of such act, as if it had been performed by the bishop of the diocese; and that the letters of orders of any persons so ordained by any such bishop shall be issued in the name of, and be subscribed with the signature of, such bishop as commissary of the bishop of the diocese, and shall be sealed with the seal of the bishop of such diocese.
9. Any person ordained a deacon or priest under 24 Geo. III. sess. 2, c. 35, or 59 Geo. III. c. 60, s. 1, shall be subject to the provisions contained in this Act.
10. [Contrariety to certain enactments not to invalidate admissions to ecclesiastical preferments, &c.] No admission, institution, induction, or appointment to any benefice or other ecclesiastical preferment within Her Majesty's dominions, nor any appointment to act as curate therein, nor any ministerial act performed by any person as priest or deacon of any of the churches aforesaid, shall be or be deemed to have been invalid at law by reason of its contrariety to any of the enactments set forth in Schedule B to this Act annexed, unless its validity shall be inconsistent with the validity of some act, matter, or thing lawfully done before the passing of this Act.
11. [Saving of 27 & 28 Vict. c. 94.] Nothing in this Act contained shall alter or affect Statute 27 & 28 Vict. c. 94-the Act to remove disabilities affecting the bishops and clergy of the Protestant Episcopal Church in Scotland.
12. [Archbishops may dispense with oath of due obedience.] It shall be lawful for the archbishop of Canterbury or of York, in consecrating any person to the office of bishop for the purpose of exercising episcopal functions elsewhere than in England, to dispense, if he think fit, with the oath of due obedience to the archbishop.
13. [Indian bishops.] Nothing contained in an Act 53 Geo. III. c. 155, or in an Act of 3 & 4 Will. IV. c. 85, or in any letters patent issued as mentioned in the said Acts or either of them, shall prevent any person who shall be or shall have been bishop of any diocese in India from performing episcopal functions, not extending to the exercise of jurisdiction, in any diocese or reputed diocese at the request of the bishop thereof.
14. [Interpretation.] In this Act the word "bishop" shall, when not inconsistent with the context, include archbishop; the words bishop " and "archbishop," in the matters of "permis"sion" and " consent," and of "consent and license," shall include the lawful commissary of a bishop or an archbishop; the word "England" shall include the Isle of Man and the Channel Islands; and the term "church or chapel" shall mean church or chapel subject to the ecclesiastical law of the Church of England.
26 Geo. III. c. Act to empower the Archbishops
59 Geo. III. c. 60.
Act to permit the Archbishops,
So far as the same is in force in any part of Her Majesty's dominions out of the United Kingdom.
Secs. 2, 3, 4, and 5.
3 & 4 Vict. c. 33. Act to make certain provisions The whole.
5 Vict. c. 6.
and regulations in respect to
An Act to amend an Act made Sec. 4.
empower the Archbishop of "Canterbury to consecrate," &c.
ENACTMENTS REFERRED TO IN CLAUSE IO OF THIS ACT.
24 Geo. III. sess. Act to empower the Bishop of Sec. 2.
2, c. 35.
26 Geo. III. c.
London, &c., to admit to the
Act to empower the Archbishops Sec. 3.
59 Geo. III. c. Act to permit the Archbishops to Secs. 2, 3, 4, 5. 60.
admit persons into holy orders
3 & 4 Vict. c. 33. Act to make certain provisions Secs. 6, 7.
5 Vict. c. 6.
and regulations in respect to
Act to amend an Act made in Sec. 4.
38 & 39 VICT. CAP. 76.
An Act to make provision for Returns relating to Ecclesiastical Fees; and for other purposes.
[11th August, 1875.]
WHEREAS by Stat. 7 & 8 Vict. c. 68, it is provided that
the registrar of every court exercising ecclesiastical jurisdiction, and the registrar of every vicar-general or diocese, shall on or before the twentieth day of January in every year transmit to one of Her Majesty's Principal Secretaries of State a true account in writing of the gross and net amounts of all such fees, allowances, gratuities, perquisites, and emoluments respectively as shall have been received or become due in the year ending the fifth day of January in such year on account of the judge of such court or vicar-general or on account of such registrar or (except of surrogates) of any other officer, clerk, or minister of such court or registry by virtue of his office or employment :
And whereas by Stat. 10 & 11 Vict. c. 98, it is provided that every person appointed after the passing of the Act of the sixth and seventh year of King William the Fourth, chapter seventyseven (except as regards the Prerogative Court of Canterbury), or who should be appointed after the passing of the said Act of the tenth and eleventh years of the reign of Her Majesty, to the office of judge, registrar, or other officer of any ecclesiastical court in England, shall hold the same subject to all regulations and alterations affecting the same which might thereafter be made by authority of Parliament; and it is further provided that no person by his appointment to any such office shall acquire any claim or title to compensation in case the same should be thereafter altered or abolished by Act of Parliament :
And whereas it is expedient to extend the provisions of the said Acts as regards ecclesiastical offices, and to make provision for the appropriation of a certain fund in the hands of the Governors of the Bounty of Queen Anne :
Be it enacted, &c., as follows:
1. This Act may be cited as the Ecclesiastical Fees Act, 1875.
2. [Secretaries, &c. to hold office subject to alterations.] Every person who shall be appointed after the passing of this Act to the office of secretary, apparitor, seal keeper, or other officer employed in the transaction of official business, by any archbishop or bishop holding a see in England, whether such office be or be not an office in any ecclesiastical court in England, shall hold the same subject to all regulations and alterations affecting the same, or affecting the fees receivable in respect thereof, which may hereafter be made by authority of Parlia
ment, nor shall any person by his appointment to any such office acquire any claim or title to compensation in case the same be hereafter altered or abolished by Act of Parliament; provided that nothing contained in this section shall be construed to give to any person appointed before the passing of this Act to any of the said offices any right as to tenure of office, or any claim or title to compensation, not possessed by him before the passing of this Act.
3. [Secretaries, &c. to make returns.] Every person who shall after the passing of this Act be appointed to any of the offices mentioned in the last preceding section shall on or before the first day of March in every year transmit to one of Her Majesty's Principal Secretaries of State a true account, in writing, of the gross and net amounts of all such fees, allowances, gratuities, perquisites, and emoluments as shall have been received by him or become due to him in the year ending the fifth day of January in such year by virtue of his office or employment.
4. [Penalty for not making returns, &c.] In case any person required by the said recited Act of the seventh and eighth year of the reign of Her Majesty, or by this Act, to transmit to one of Her Majesty's Principal Secretaries of State an account in manner aforesaid, shall, from and after the passing of this Act, fail to transmit such account on or before the first day of March in every year, or shall wilfully make any misstatement in such account as to the amount of fees, allowances, gratuities, perquisites, or emoluments received by him or due to him as aforesaid, he shall be liable to a penalty of twenty pounds, to be recoverable at the suit of the Ecclesiastical Commissioners for England, by action brought by the secretary of the said Commissioners against the party offending in the county court of the district within which the registry of the diocese is situate wherein such officer holds office; and the amount so recovered shall be applied by the said Commissioners for the purposes of their Common Fund.
5. [Certain fund to be paid over to the judge appointed under 37 & 38 Vict. c. 85.] Whereas under the provisions of section two of the above-recited Act of the tenth and eleventh year of the reign of Her Majesty, chapter ninety-eight, a fund of £1112 18s. Id., or thereabouts, three per centum consols, has accumulated in the hands of the Governors of the Bounty of Queen Anne, and is retained by them until Parliament shall provide for the appropriation thereof; Be it enacted, That the said Governors shall pay out of the said fund, and any other sums which may be received by the said Governors under the above-recited section of the said Act, to the judge appointed under "The Public Worship Regulation Act, 1874," such sums, at such times, and in such proportions as the Archbishop of Canterbury, the Lord High Chancellor, the Archbishop of York,