Presentation) Measure, 1946. and in payment of all expenses properly incurred in the collection of the income of the benefice and in making provision for the performance of the ecclesiastical duties thereof; (ii) secondly, in payment of all expenses properly incurred in the exercise of the powers by law belonging to sequestrators or conferred on them by the Benefices (Sequestrations) Measure, 1933, or by this Measure ; and (iii) thirdly, in payment of any balance remaining in their hands at the close of the sequestration to the incumbent next succeeding to the benefice : Provided that (i) if at any time during the course of the sequestration the balance in their hands exceeds one hundred pounds, they may with the approval of the bishop, and shall if he so directs, pay the excess or some part thereof to the Ecclesiastical Commissioners to be applied by them in their discretion for the augmentation of the benefice, or for the improvement of the house of residence, or otherwise for the advantage of the benefice; and (ii) if at the close of the sequestration the balance in their hands exceeds one hundred pounds, then, except in so far as the bishop may direct them to pay the excess or some part thereof to the former curate in charge (if any) or to the new incumbent, they shall pay the excess to the Ecclesiastical Commissioners to be applied by them as aforesaid. (3) The sequestrators may, with the consent of the bishop, apply towards the payment of an assistant curate (a) any sum charged for that purpose on the endowments of the benefice; and (b) so much, if any, of the income of the benefice as the incumbent has customarily allocated to that purpose. They may also with the like consent pay the whole or any part of any sum so charged as aforesaid into the diocesan stipends fund of the diocese, or into such other fund applicable for the cure of souls within the diocese as the bishop, after consultation with the diocesan board of finance, may from time to time direct. (4) The sequestrators shall annually, at such date as the bishop may direct, and so soon as may be after the close of the sequestration, render to the bishop accounts of their receipts and expenditure, and shall furnish such information with respect to the accounts as he may call for. Presentation) Measure, 1946. 5.—(1) A suspension period shall not, nor shall any extension Saving in thereof, be reckoned for purposes of lapse or for the purpose of respect of lapse, etc. computing any period within which any act is required or permitted to be performed by the Benefices (Exercise of Rights of 21 & 22 Geo. 5. Presentation) Measure, 1931. (2) This section shall bind the Crown. No. 3. church 6. (1) Any notification or other communication to be Notifications, given or made to a patron under this Measure shall be deemed etc., to patrons to have been duly given or made if sent by post addressed to the and parochial patron at his last known place of abode or business in the United councils. Kingdom, or, if no such place is known, such notification or other communication may be given or made by advertisement in a newspaper circulating in the neighbourhood of the benefice. concerned. (2) Any notification or other communication to be given or made to a parochial church council under this Measure shall be deemed to have been duly given or made if sent by post addressed to the secretary of the council by his name at his usual or last known place of abode, or, if his name or place of abode is unknown, addressed to him by the title of secretary of the council in question at the last known place of abode of one of the churchwardens of the parish. 7. In this Measure the expression "presentation presentation" includes collation, nomination and any other manner of filling vacant benefices, and the word " present " shall be construed accordingly; the expression "the patron" in relation to any benefice means the person or persons for the time being entitled, otherwise than by lapse, to present or collate to that benefice, upon a vacancy, including— (a) in any case where the right to present or collate is vested in different persons jointly, every person whose concurrence would be required for the exercise of the joint right, and (b) in any case where the patronage is vested in different persons by way of alternate or successive rights of presentation or collation, every person who is for the time being the person who would be entitled to present or collate on the next, or any subsequent turn; the expression "the bishop" when used with reference to a benefice means the bishop for the time being of the diocese in which that benefice is situate (including during a vacancy in the see the guardian of the spiritualities thereof). Interpretation. Extent, duration and short title. 7 & 8 Geo. 6. No. I. Presentation) Measure, 1946. 8.-(1) This Measure shall extend to the whole of the Provinces of Canterbury and York, except the Channel Islands and the Isle of Man, but may, at any time before the expiration of two years from the date declared under section one of the Emergency Legislation Measure, 1944, to be the date on which the emergency that was the occasion of the passing of the Clergy (National Emergency Precautions) Measure, 1939, came to an end, be applied to the Channel Islands or either of them, as defined in the 21 & 22 Geo. 5. Channel Islands (Church Legislation) Measure, 1931, in accordance No. 4. with the procedure set out in the schedule to that Measure. 2 & 3 Geo. 6. No. 3. (2) The powers conferred by section one of this Measure shall cease upon the expiration of ten years from the passing of the Measure and thereafter no new suspension period shall be created nor shall any current suspension period be extended under this Measure: Provided that nothing in this subsection shall affect the validity of any suspension period already in existence. (3) This Measure may be cited as the Benefices (Suspension of Presentation) Measure, 1946. TABLE III. SHOWING THE EFFECT OF THE ACTS (IN CHRONOLOGICAL ORDER) 9 & 10 AND (IN PART) 10 & 11 GEO. 6. [NOTE.-References in the fourth column are to chapters of 9 & 10 Geo. 6 unless otherwise stated. A table of the effect of Defence Regulations upon statutes is printed in the volumes of Defence Regulations prepared in the Office of the Parliamentary Counsel and periodically published by H.M. Stationery Office.] |