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Sequestration Act 1871 in England

Vict/34-35 c. 45 · Enacted 13 July 1871 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 July 2018.

An Act for amending the Law relating to Sequestration of Ecclesiastical Benefices.F1

[13th July 1871]I1

Annotations to the whole text

Textual amendments

F1

Act repealed (E.) (1.7.2018) by Statute Law (Repeals) Measure 2018 (No. 1), s. 2(3), Sch. Pt. 2; S.I. 2018/718, art. 2

Commencement

I1

Act wholly in force at Royal Assent

Contents

  1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 2Application of enactments in Schedule, Part I.
  3. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  4. 4Application of enactments in Schedule, Part II.
  5. 5Power for bishop to inhibit in certain cases.
  6. 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  7. 7Incumbent of sequestrated benefice not to accept other benefice but with leave.
  8. 8Extent.
  9. 9Short title.
  10. Schedule THE1 & 2 Vict. c. 106. The Pluralities Act, 1838
  11. IPart I
  12. IIPart II

1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E

2Application of enactments in Schedule, Part I.

Such of the provisons of the Act specified in the schedule to this Act as are described in Part I. of that schedule and all provisons of that Act relative thereto shall have effect for purposes of this Act F1...

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

4Application of enactments in Schedule, Part II.

Such of the provisions of the Act specified in the schedule to this Act as are described in Part II. of that schedule and all provisions of that Act relative thereto shall apply in every case where a curate is appointed under this Act.

5Power for bishop to inhibit in certain cases.

In case any such sequestration remains in force for more than six months, the bishop, if it appears to him that scandal or inconvenience is likely to arise from the incumbent continuing to perform the services of the church while the sequestration remains in force, may, from and after the expiration of such period, inhibit the incumbent from performing any services of the church within the diocese as long as the sequestration shall remain in force, and the bishop may at any time withdraw such inhibition.

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

7Incumbent of sequestrated benefice not to accept other benefice but with leave.

During the continuance of any sequestration it shall not be lawful for the incumbent of the benefice under sequestration to accept or be instituted or licensed to any other benefice or preferment, the acceptance of or institution or licensing to which would avoid or vacate the benefice so under sequestration, unless with the consent in writing of the bishop of the diocese and the sequestrator.

8Extent.

This Act shall not extend to Scotland or Ireland.

9Short title.

This Act may be cited as “The Sequestration Act 1871”.

Schedule THE1 & 2 Vict. c. 106. The Pluralities Act, 1838

Enactments applied

I

Section one hundred and seven.Provisions relating to bishops to apply to archbishops in their own dioceses.
Section one hundred and eight.Power of archbishops and bishops as to exempt or peculiar benefices, &c.
Section one hundred and nine.Where jurisdiction is given to bishop, &c., all concurrent jurisdiction to cease.

II

Section seventy-five

Non-resident incumbents neglecting to appoint curates, the bishop to appoint.

As far as the same relates to the residence of curates.

Section seventy-sixCurate to reside on benefices under certain circumstances.
. . . F1 . . .
Section ninety-sevenCurate not to quit curacy without three months’ notice to incumbent and bishop, under a penalty.
Section one hundred and twoLicenses to curates and revocations thereof to be entered in the registry of the diocese.