24. Deprivation is either (_a_) by operation of law or (_b_) by sentence. (_a_) It takes place _ipso facto_ (i.) if the presentation or admission to the benefice has been simoniacal, or if a person who has been corruptly ordained is admitted to the benefice within seven years afterwards;[106] (ii.) if the incumbent is convicted a third time of a breach of the provisions of the Acts of Uniformity as to using the Book of Common Prayer and no other, and as to not preaching in derogation thereof;[107] (iii.) if the incumbent wilfully omits to read publicly the Thirty-nine Articles and his declaration of assent after his admission to the benefice;[108] (iv.) if the benefice continues a whole year under sequestration for disobedience to the bishop's monition or order requiring the incumbent to reside on the benefice, or if he incurs two such sequestrations within two years, and is not relieved as to either of them on appeal;[109] (v.) if an inhibition for enforcing obedience by the incumbent to a monition or order under the Public Worship Regulation Act, 1874, remains in force for more than three years, or a second inhibition for the same purpose is issued within three years from the relaxation of a former inhibition, and the bishop does not intervene;[110] or (vi.) in the case of an incumbent presented or collated since 1898, if within a year after his admission his benefice is sequestrated on his bankruptcy or in aid of an execution against his property, or if such a sequestration, issued after that period, continues for a year, or if he incurs two such sequestrations within two years, unless the bishop otherwise directs.[111] Moreover (vii.) the bishop is to declare a benefice vacant if the incumbent is convicted of treason or felony or, on indictment, of a misdemeanour, and is sentenced to imprisonment with hard labour or any greater punishment, or he has a bastardy order made against him, or in a divorce or matrimonial cause he is either found to have committed adultery or an order for judicial separation is made against him; but if, after being so convicted, he receives a free pardon from the Crown before the benefice is filled up, he is to be reinstated in it.[112] (_b_) Sentence of deprivation is pronounced in suitable cases in proceedings against an incumbent for a serious offence against morality under the Clergy Discipline Act, 1892, or for an offence in respect of doctrine or ritual or other matter of ecclesiastical cognisance under the Church Discipline Act, 1840.[113] Footnotes [32] Wats. ch. xii. pp. 109-120; Gibs. Cod. 768-770. [33] Wats. ch. ii. pp. 5, 6; Gibs. Cod. 769. [34] Wats, ch ii. p. 6; Gibs. Cod. 769; (1571) 13 Eliz. c. 12, s. 7; (1838) 1 & 2 Vict. c. 106, s. 108. [35] 2 Burn, 357. [36] Benefices Act, 1898 (61 & 62 Vict. c. 48), s. 5. Comp. §§ 4, 5 below. [37] See ch. i. § 5. [38] 13 Ann. c. 11 (12 Ann. st. 2, c. 12), s. 2. [39] Walsh _v._ Bp. of Lincoln (1875) L. R. 10 C. P. 518.