Sequestration Act 1871

JurisdictionUK Non-devolved
Citation1871 c. 45


Sequestration Act, 1871

(34 & 35 Vict.) CHAP. 45.

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

[13th July 1871]

Be it 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 On sequestration bishop to appoint curate and assign stipend, as defined in 34 & 35 Vict. c. 44.

1 On sequestration bishop to appoint curate and assign stipend, as defined in 34 & 35 Vict. c. 44.

1. Where, after the thirty-first day of August one thousand eight hundred and seventy-one, under a judgment recovered against the incumbent of a benefice as defined in the Incumbents Resignation Act, 1871, or under the bankruptcy of such incumbent, a sequestration issues and the same remains in force for a period of six months, the bishop of the diocese shall from and after the expiration of such period of six months, and as long as the sequestration remains in force, take order for the due performance of the services of the church of the benefice, and shall have power to appoint and license for this purpose such curate or curates, or additional curate or curates, as the case may require, with such stipend in each case as the bishop thinks fit, the amount thereof to be specified in the license, and the bishop may at any time revoke any such appointment and license: Provided always, that such stipend or stipends shall not exceed in the whole the following sums; that is to say, if the population shall nob exceed five hundred, the sum of two hundred pounds yearly; if the population shall exceed five hundred but not one thousand, the sum of three hundred pounds yearly; if the population shall exceed one thousand but not three thousand, the sum of five hundred pounds yearly; if the population shall exceed three thousand, the sum of six hundred pounds yearly: Provided also, that such stipend or stipends shall not exceed in the whole two thirds of the annual value of the benefice as defined in the last-mentioned Act.

S-2 Application of enactments in Schedule, Part I.

2 Application of enactments in Schedule, Part I.

2. Such of the provisions of the Act specified in the schedule to this Act as are described in Part I. of that schedule and all provisions of that Act relative thereto shall have effect for purposes of this Act as if they were here re-enacted.

S-3 Payment of stipend.

3 Payment of stipend.

3. Every stipend assigned under this Act shall be paid by the sequestrator out of moneys coming to his hands under the sequestration, as long as the sequestration is in force, in priority to all sums payable by virtue of the judgment or the bankruptcy under which the sequestration issues, but not in priority of liabilities in respect of charges on the benefice.

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