If he should find these charges proved he may suspend or
remove the offender from his office, and give a certificate under his
hand and seal to the incumbent, declaring the office vacant, which
certificate should be affixed to the door of the church. Then another
person may be elected or appointed to the vacant office: "Provided
always, that the exercise of such office by a sufficient deputy who
shall duly and faithfully perform the duties thereof, and in all
respects well and properly demean himself, shall not be deemed a wilful
neglect of his office on the part of such church clerk, chapel clerk, or
parish clerk, so as to render him liable, for such cause alone, to be
suspended or removed therefrom."
A special section of the Act deals with such possessions as clerks'
houses, buildings, lands or premises, held by a clerk by virtue of his
office. If, when deprived of his office, he should refuse to give up
such buildings or possessions, the matter must be brought before the
bishop of the diocese, who shall summon the clerk to appear before him.
If he fail to appear, or if the bishop should decide against him, the
bishop shall grant a certificate of the facts to the person or persons
entitled to the possession of the land or premises, who may thereupon go
before a justice of the peace. The magistrate shall then issue his
warrant to the constables to expel the clerk from the premises, and to
hand them over to the rightful owners, the cost of executing the warrant
being levied upon the goods and chattels of the expelled clerk.
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