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Commissioners may suspend Appointment of Clerk to any Benefice where Divine Worship shall not have been celebrated for Three Years.
Tithes and Profits of such Benefice to vest in Commissioners.
Application of them.
Authorizing the Appointment of an Officiating Minister in any unfilled Benefice, or the occasional Assistance of the Minister of some adjoining Parish.
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CXVI. And be it enacted, That whenever any Benefice whereof the King shall be Patron, or the Right of Presentation or Collation whereto shall be in any Archbishop, Bishop, or other Dignitary, or in any Ecclesiastical Corporation, shall, after the passing of this Act, become void in any Manner whatsoever, and that it shall appear to the Commissioners under this Act, by the Certificate of the Ordinary, that Divine Worship shall not have been celebrated therein for the Three Years next preceding the First Day of February One thousand eight hundred and thirty-three, then and in such Case it shall be lawful for the said Commissioners, if they shall so think fit, by an Instrument under their Corporate Seal, to direct that the Appointment, Presentation, or Collation of any Clerk to such Benefice shall be suspended until such Commissioners shall think fit by a like Instrument otherwise to direct; and in the meantime, and for and during such Period as such Benefice shall remain vacant, all and every the Tithes, Profits, and Emoluments whatsoever belonging or appertaining thereto, and all Arrears thereof which may have accrued due since the said Benefice may have become void as aforesaid, shall be vested in and received by the said Commissioners under this Act, to be by them applied to the building or repairing of the Church and Glebe House in the said Benefice; and if the Circumstances of such Benefice shall not require such Application of the said Funds, then to be paid into the general Fund under the Administration of the said Commissioners; and the said Commissioners shall have all and every the like Remedies for the Recovery of such Tithes, Profits, and Emoluments, and all Arrears thereof, as any Clerk filling such Benefice might or would have, and shall be for all such Intents and Purposes in the Place and Stead of such a Clerk; and it shall and may be lawful for the said Commissioners and the Archbishop or Bishop associated with them, pursuant to the Provision herein-after contained, in any Case where the Spiritual Wants of any Benefice so unfilled as aforesaid shall appear to require the Appointment of an Officiating Minister, so to declare, and to appoint such moderate Stipend or Salary to be paid to such Officiating Minister as they shall think proper, and thereupon the Bishop of the Diocese shall appoint and license a Curate for the Performance of Ecclesiastical Duties within such Benefice for and during such Period as the same shall remain unfilled; and in case the Spiritual Wants of such Benefice shall not appear to require the Appointment of such Curate, then and in such Case, and for and during such Period as aforesaid, the Cure of Souls, and all and every the occasional Duty or Duties within such Benefice so remaining unfilled as aforesaid, shall be committed to the Incumbent or Officiating Minister of some adjoining Parish, to be remunerated by a moderate Stipend or Salary, in like Manner fixed by the said Commissioners and the Archbishop or Bishop associated with them, such Incumbent or Minister to be nominated and appointed by the Ordinary, and whom such Ordinary is hereby required to nominate and appoint at the Request of the Commissioners under this Act, under such Regulations as he may think fit to make; and the Ordinary shall and is hereby required, when thereunto required by the Commissioners under this Act, to grant such Certificate as aforesaid in all such Cases as aforesaid; and the said Commissioners shall, from and out of the Tithes, Profits, and Emoluments of such Benefice hereby vested in them, pay to the Curate so appointed as aforesaid, or to the Incumbent or Officiating Minister to whom the Cure of Souls and occasional Duty shall have been committed, as the Case may be, such Stipend or Salary as may have been fixed and determined in manner aforesaid.
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