[Footnote 90:  Ecclesiastical Law, Sir R. Phillimore, p. 1907.]

No deputy clerk when removed can claim to be restored.  It will be gathered, therefore, that an incumbent is compelled by law to restore a clerk removed by him without just cause, that the justice of the cause is not determined in the law courts by an ex-parte statement of the incumbent, and that an accused clerk must have an opportunity of answering the charges made against him.  If a man performs the duties of the office for one year he gains a settlement, and cannot afterwards be removed without just cause.

An important Act was passed in 1844, to which I have already referred, for the better regulating the office of lecturers and parish clerks.  Sections 5 and 6 of this Act bear directly on the method of removal of a clerk who may be guilty of neglect or misbehaviour.  I will endeavour to divest the wording of the Act from legal technicalities, and write it in “plain English.”

If a complaint is made to the archdeacon, or other ordinary, with regard to the misconduct of a clerk, stating that he is an unfit and improper person to hold that office, the archdeacon may summon the clerk and call witnesses who shall be able to give evidence or information with regard to the charges made.  He can examine these witnesses upon oath, and hear and determine the truth of the accusations which have been made against the clerk.  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.  If this cost should be disputed, it shall be determined by the magistrate.  Happily few cases arise, but perhaps it is well to know the procedure which the law lays down for the carrying out of such troublesome matters.