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table), the Second Lesson at the second time may, at the discretion of the minister, be any chapter from the four Gospels, or any Lesson appointed in the Table of Lessons from the four Gospels.
Upon occasions, to be approved by the Ordinary, other Lessons may, with his consent, be substituted for those which are appointed in the Calendar.
And note that whensoever Proper Psalms or Lessons are appointed, then the Psalms and Lessons of ordinary course appointed in the Psalter and Calendar (if they be different) shall be omitted for that time.
Note also that upon occasions to be appointed by the Ordinary, other Psalms may, with his consent, be substituted for those appointed in the Psalter.
If any of the Holy-days for which Proper Lessons are appointed in the table fall upon a Sunday which is the first Sunday in Advent, Easter Day, Whitsunday, or Trinity Sunday, the Lessons appointed for such Sunday shall be read, but if it fall upon any other Sunday, the Lessons appointed either for the Sunday or for the Holy-day may be read at the discretion of the minister.
Note also that the Collect, Epistle, and Gospel appointed for the Sunday shall serve all the week after, where it is not in this Book otherwise ordered.
Here follow the Tables of Proper Lessons to be inserted in lieu of existing Table of Proper Lessons.
34 & 35 VICT. Cap. 43.
THE Dilapidations Act of 1871 is not reprinted here, as it is of considerable length and is fully set out in recently published works. The following is a summary of the more important of its provisions :
It applies to houses of residence, chancels, walls, fences, and such other buildings as the incumbent is (by law or custom) bound to maintain in repair (Sec. 4).
As to livings which are not vacant.-The diocesan surveyor, whose appointment and remuneration is provided for, may inspect when directed by the Bishop, to whom he will report, a copy of the report being sent to the incumbent (Secs. 12-15). The incumbent within one month from the reception of the report may object, on which a second report (by another surveyor) may be ordered. After the Bishop has decided the matter there is no appeal (Sec. 16).
The incumbent may borrow the required sum on the security
of the property of his benefice; and the governors of Queen Anne's Bounty will open a separate account for it in their books (Secs. 17, 18). The incumbent is bound to execute the required repairs. If the incumbent signify his intention to repair, a reasonable time will be granted; but if he refuse or neglect to repair, obedience may be enforced by sequestration (Secs. 22, 23). The case of a sequestered living is provided for. Secs. 25-28 relate to residences of Bishops, Deans, and Canons.
Dilapidations in case of vacant benefice are then provided for. The final order in case of a vacant benefice will state the cost of repairs; and the amount will be legally a debt due from the late incumbent and his representatives to the new incumbent, who will proceed to obtain from the Governors of Queen Anne's Bounty the requisite sums for repairs, which repairs he (the new incumbent) is bound to execute within 18 months from the date of the order (secs. 29-42); and he is bound to pay over the amount to the Governors, whether he has recovered the same or not. Payment is to be made by the Governors on the surveyor's certificate (sec. 44); and on the completion of the works a certificate of that fact is to be given in triplicate by the surveyor. If the benefice become vacant during the next five years there will be no liability for dilapidations on the part of the incumbent (except for wilful waste). But this does not apply to damage by fire where a proper insurance has not been kept up.
Sec. 49 defines the liability of the outgoing incumbent where the benefice becomes vacant during repairs. Sec. 50 provides for execution of extra works beyond those specified in the report. Secs. 54-57 contain stringent provisions as to fire insurance, which must be effected in three-fifths of the value, and kept up; and the receipts for premiums must be produced at the visitations. In the case of a vacant living and a new incumbency, the provisions as to borrowing, insurance, and freedom from liability for five years are the same as in case of works executed during the incumbency.
Amongst the miscellaneous provisions (clauses 58 to 73) are these: Premises in lease to tenants who are bound to repair, insure, &c., are exempted, but the exemption must be proved, and the surveyor may inspect the premises. Money raisable by sequestration will be a debt due by the incumbent or his representatives. A form of security is provided under the Act; but before lending money on such, a written statement, verified by oath or declaration, may be required by the governors; also the written consent of the Bishop and the patron. The diocesan surveyor has power to enter and inspect the buildings of any benefice; and sec. 68 limits his liability to actions for damages. Existing incumbents are protected from liability in respect of
buildings pulled down, if others of equal value have been substituted; and power is given to remove unnecessary buildings under certain conditions.
The amending Act, 35 & 36 Vict. cap. 96, only touches the details of loans from the Governors of Queen Anne's Bounty.
34 & 35 VICT. Cap. 44.
An Act to enable Clergymen permanently incapacitated by illness to resign their Benefices with provision of Pensions. [13th July, 1871.]
1. This Act may be cited for all purposes as 66 The Incum"bents Resignation Act, 1871."
2. Except where otherwise controlled by the context, the following terms shall in this Act have the following meanings; (namely,)
The term "benefice" shall comprehend all rectories with cure of souls, vicarages, new vicarages, perpetual curacies, donatives, endowed public chapels, parochial chapelries, and chapelries with or without districts annexed or belonging to them;
The term "bishop" shall, with reference to any benefice, mean the bishop or archbishop for the time being within whose diocese such benefice is locally situate, and during the vacancy of any episcopal see the term bishop shall mean the archbishop of the province in which such see is comprehended: The term patron shall, with reference to any benefice, mean the person or persons or corporation who, in case such benefice were vacant, would be entitled to present thereto; but if the right to present to such benefice shall be vested in different persons or corporations, whether jointly or by way of alternate presentations, the term patron shall (unless the context requires otherwise) comprehend both or all such different persons or corporations in whom such right of joint or alternate presentations shall for the time being be vested; and as regards the patrons referred to in sections 126, 127, and 128 of the Act 1 & 2 Vict. cap. 106, the actions of or towards such patrons required by this Act shall be performed in the manner stated in such sections 126, 127, and 128, as if the said sections were here repeated and made applicable to the provisions of this Act.
3. Act to apply only to England and Wales and the Channel Islands.
4. [Exemption from penalties by 31 Eliz. c. 6, 12 Anne, st. 2, c. 12, &c.]-The sum assigned as a pension to a retiring incumbent under this Act shall not be deemed a pension, sum of money, or benefit within the meaning of the 31 Eliz. c. 6, or the 12 Anne, st. 2, c. 12, or any other Act.
5. [How the provisions of the Act are to be put into exercise : Commissioners to inquire and report.]—On a representation being made to the bishop in the form contained in Schedule A. to this Act, by the incumbent of any benefice, provided he has been the incumbent of such benefice for seven years continuously, that he desires, on the ground that he is incapacitated by permanent mental or bodily infirmity from the due performance of his duties, to retire from his benefice under the provisions of this Act, in that case it shall be lawful for the bishop, if he see fit, to cause a commission to be issued under his hand and seal, addressed to five persons, to be nominated as hereinafter mentioned, authorizing and requiring them to inquire into and report to him upon the truth of the ground alleged, and upon the expediency of the resignation of the said incumbent; and it shall be lawful for such Commissioners to inquire into and report upon all such matters in anywise affecting such resignation, or connected therewith, as they may deem necessary; and the Commissioners shall make their return to the commission within three months from the issuing of the commission, or within such enlarged time as the bishop shall, by writing under his hand and seal, from time to time direct.
6. [Who are to be Commissioners.]—One of the five Commissioners shall be the archdeacon of an archdeaconry or the rural dean of a rural deanery of the diocese wherein the benefice is situate, as the bishop may determine; one other of the Commissioners shall be an incumbent of the same diocese, nominated by the incumbent wishing to retire; one other of the Commissioners shall be an incumbent of the same diocese nominated by the bishop; one other of the Commissioners shall be a magistrate being in the commission of the peace for the county wherein the benefice is situate, and a member of the Established Church of England, nominated by the person who has presided as chairman of the last preceding quarter sessions for the county or division of the county, or if there be no such person, then by the lord lieutenant of the county; and the remaining Commissioner shall be nominated by the patron, or, in the case of alternate patronage, jointly by both or all of the patrons, or in case of difference by the patron entitled to the next presentation. 7. [Notice of intention to issue commission.] Notice of the intention to issue such commission shall be delivered or sent by
the bishop to the incumbent, patron, chairman of quarter sessions, or lord lieutenant of the county, as the case may be, and the churchwardens of any such benefice respectively; and such commission shall not issue until the expiration of one month from the delivery or sending of such notices. The notice to the patron and chairman of quarter sessions or lord lieutenant shall require such patron and chairman or lord lieutenant respectively to nominate a Commissioner by sending his name and address in writing to the bishop within one month from the date of such notice; and, if such patron or chairman or lord lieutenant respectively shall omit to nominate a Commissioner within the time limited, the bishop may nominate a Commissioner instead of such patron, chairman, or lord lieutenant respectively; and when and so soon as such commission shall be issued, notice of such commission shall be delivered or sent by the bishop to each Commissioner and to the churchwardens of the benefice. Service by prepaid letter shall be sufficient service of all notices and documents under this Act.
8. [Commissioners may examine on oath. Limitation of pension.] The Commissioners shall give seven days' notice of their first meeting, affixed to the usual place of public notices in the church of the benefice. Three of the Commissioners shall constitute a quorum, and the Commissioners at a meeting of them duly constituted may examine on oath, if they see fit, the persons who are desirous or willing to be examined by them, touching any matter relating to the object of the Commissioners, and may administer the oaths necessary for that purpose, and the Commissioners shall in their return to the commission certify all such matters and things as shall appear to them material, together with their opinion as to the expediency or otherwise of the proposed resignation, and, if they or at the least any three of them deem the resignation expedient, shall specify the amount of pension which in their opinion ought to be allowed out of the revenues of the benefice to the retiring incumbent; provided that in no case shall such pension exceed one third part of the annual value of the benefice resigned.
9. [Who to consent to deed of resignation.] If the return to the commission shall certify the resignation to be expedient, and the patron shall in writing have consented, or shall not within one calendar month thereafter in writing refuse his consent thereto, the bishop shall proceed as is hereinafter provided; but if the patron shall so refuse his consent, the return to the commission shall be laid before the archbishop of the province, who shall, within one calendar month, give his decision in writing whether such resignation shall or shall not be accepted, which decision shall be final. If the patron shall have declared his consent or have not refused it as aforesaid, or if the archbishop shall decide that the resignation shall be accepted, the