Clerical Disabilities Act 1870

JurisdictionUK Non-devolved
Citation1870 c. 91
Year1870


Clerical Disabilities Act, 1870

(33 & 34 Vict.) CHAP. 91.

An Act for the relief of persons admitted to the office of Priest or Deacon in the Church of England.

[9th August 1870]

W HEREAS it is expedient that relief be given in respect of civil disabilities and in certain other respects to persons who have been admitted to the office of priest or of deacon in the Church of England:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Short title.

1 Short title.

1. This Act may be cited as TheClerical Disabilities Act, 1870.

S-2 Interpretation.

2 Interpretation.

2. In this Act—

The term ‘the Church of England’ means the Church of England as by law established:

The term ‘minister’ means a priest or a deacon:

The terms ‘preferment,’‘bishop,’ and ‘diocese’ respectively have the same meaning as in the Act thirdly mentioned in the first schedule to this Act.

S-3 Execution and inrolment of deed of relinquishment.

3 Execution and inrolment of deed of relinquishment.

3. Any person admitted (before or after the passing of this Act) to the office of minister in the Church of England may, after having resigned any and every preferment held by him, do the following things;—

(1) (1.) He may execute a deed of relinquishment in the form given in the second schedule to this Act:

(2) (2.) He may cause the same to be inrolled in the High Court of Chancery:

(3) (3.) He may deliver an office copy of the inrolment to the bishop of the diocese in which he last held a preferment, or if he has not held any preferment then to the bishop of the diocese in which he is resident, in either case stating his place of residence:

(4) (4.) He may give notice of his having so done to the archbishop of the province in which that diocese is situate.

S-4 Recording by bishop of deed of relinquishment and consequences thereof.

4 Recording by bishop of deed of relinquishment and consequences thereof.

4. At the expiration of six months after an office copy of the inrolment of a deed of relinquishment has been so delivered to a bishop, he or his successor in office shall, on the application of the person executing the deed, cause the deed to be recorded in the registry of the diocese, and thereupon and thenceforth (but not sooner) the following consequences shall ensue with respect to the person executing the deed:—

(1) (1.) He shall be incapable of officiating or acting in any manner as a minister of the Church of England, and of taking or holding any preferment therein, and shall cease to enjoy all rights, privileges, advantages, and exemptions attached to the office of minister in the Church of...

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