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Contracts for let ting Houses in which any Spiritu

al Persous shall by Order of the Bishop side, shall be void.

be required to res

Any Person hold ing Possession af. ter the Day p pointed shall be subject to Peralty.

XXXII. And be it further enacted, That all Contracts or Agree- 57 Geo. III. c. 99. ments made for the letting of the House of Residence, or the Buildings, Gardens, Orchards, and Appurtenances necessary for the convenient Occupation of the same, belonging to any Benefice, to which House of Residence any Spiritual Person shall be required by Order of the Bishop as aforesaid to proceed and to reside therein, or which shall be assigned or appointed as a Residence to any Curate by the Bishop, shall, upon a Copy of such Order, Assignment, or Appointment being served upon the Occupier thereof, or left at the House, be null and void; and a Copy of every such Order, Assignment, or Appointment shall immediately on the issuing thereof be transmitted to One of the Churchwardens of the Parish, or such other Person as the Bishop shall think fit, and be by him forthwith served on the Occupier of such House of Residence, or left at the same: And any Person continuing to hold any such House of Residence, or any such Building, Garden, Orchard, or Appurtenances, after the Day on which the said Spiritual Person shall be directed by such Order to reside in such House of Residence, or which shall be specified in any such Assignment or Appointment, and after Service of such Copy as aforesaid, or the same being so left as aforesaid, shall forfeit the Sum of Forty Shillings for every Day he shall, without the Permission of the Bishop in Writing for that Purpose obtained, wilfully continue to hold any such House, Building, Garden, Orchard, or Appurte nances, together with the Expence of serving such Order, in case it shall have been deemed necessary specially to serve such Order, to be allowed by the Bishop issuing the Order or making such Assignment or Appointment as aforesaid, and to be recovered and applied in like Manner as the Penalties for Non-residence are directed to be recovered and applied by the Provisions of this Act; and it shall also be lawful for the Spiritual Person so directed to reside as aforesaid, or Curate to whom any such Residence is assigned, to apply to any Justice of the Peace or Magistrate of the County, Riding, Province, City, or Place, for a Warrant for the taking Possession thereof; and the Justice of the Peace to whom any such Order for such Possession is produced shall and he is hereby required thereupon to give a Warrant for such Possession, and Possession may thereupon be taken of such House under such Warrant at any Time in the Day-time, by entering the same by Force, if necessary, without any other Proceeding by Ejectinent or otherwise; any Thing in any Act or Acts of Parliament or Law or Laws to the contrary notwithstanding.

XXXIII. Provided always, and be it further enacted, That no Spiritual Person shall be liable to any Penalties for not residing in any such House of Residence, daring such Time as such Tenant shall continue to occupy such House of Residence or other Buildings nenessary to the Occupation of the same.

XXXIV. And be it further enacted, That from and after the passing of this Act, no Oath shall be required of or taken by any Vicar in relation to Residence on his Vicarage; any Law, Custom, Constitution or Usage to the contrary thereof notwithstanding.

Not liable to Penalty while the

Tenant shall con nue to occupy.

No Oath relating to Residence shall be required of any Vicar.

Penaltics not re

than One Year.

XXXV. And be it further enacted, That no Penalty or Forfeiture shall be recovered by any Proceeding or Action against any coverable for more Spiritual Person under the Provisions of this Act, other or further than those which such Spiritual Person may have incurred during the Year ending on the Thirty-first Day of December immediately preceding the Commencement of such Proceeding or Action.

XXXVI. And be it further enacted, That every Penalty for Non-residence under this Act, in respect of which no Proceeding shall have been had by Monitiion before the First Day of April next after the Year in which the same shall have been incurred, may be recovered by Action or Suit in the Manner by this Act directed.

Penalties not levied under Moui

tion may be recovered by Action

37 Geo III.

Actions for Penal

tys not to be com

meus before ist May atter Expira uon of the Year."

Commencement

XXXVII. And be it further enacted, That no Action of Debt, Bill, Plaint, or Information against any Spiritual Person, for the Re covery of any Penalties and Forfeitures under this Act, shall be commenced or filed in any of His Majesty's Courts of Record at Wests minster, or the Court of Great Sessions in Wales, until the First Day of May after the Expiration of the Year in which the alleged Offence shall have taken place.

XXXVIII. And be it further enacted, That for all the Purposes and Couclusion of of this Act the Year shall be deemed to commence on the First Day of January, and be reckoned therefrom to the Thirty-first Day of December, both inclusive.

the Year.

Calendar Months

to be taken for the Purposes of this

Act.

No Action to be

commenced for any Penalty, umil after One Galen

dar Months No tice given to the Netent and Bishop of Diocese,

Plaintiff not to recover

without

Froof male that

h Notices were given.

No Evidence to

XXXIX. And be it further enacted, That for all the Purposes of this Act the Months therein named shall be taken to be Calendar Months, except in any Case in which any Month or Months are to be made up of different Periods less than a Month, and in every such Case Thirty Days shall be deemed a Month.

XL: And whereas, notwithstanding the Regulations contained in this Act, Spiritual Persons may through Inadvertence, and in many Cases from unavoidable Circumstances and Catrses, become subject to Penalties and Forfeitures and vexations Prosecutions, unless Provision is made for the Prevention thereof; be it therefore enacted, That from and after the passing of this Act, no Writ shall be sued out against, nor any Copy of any Process at the Suit of any Informer be served upon any Spiritual Person, for any Penalty or Forfeiture incurred under any of the Provisions of this Act, until a Notice in Writing of such intended Writ or Process shall have been delivered to him, or left at the usual or last Place of his Abode, and also to the Bishop of the Diocese, by leaving the same at the Registry of his Diocese, by the Attorney or Agent for the Party who intends to sue or cause the same to be sued ont, or served One Calendar Month at the least before the suing out or serving the same; in which Notice shall be clearly and explicitly contained the Cause of Action which such Party hath or claimeth to have, and the Penalty or Penalties for which such Person intends to sue, and on the Back ofTM which Notices respectively shall be endorsed the Name of such Attorney or Agent, together with the Place of his Abode; and no such Notice shall be given before the First Day of April in the Year next after any such Penalty or Penalties shall have been incurred.

XLI. And be it further enacted, That no Plaintiff shall recover any Verdict against any Spiritual Person for any Penalty or Forfeiture under the Provisions of this Act, unless it is proved upon the Trial of such Action that such Notices were respectively given as aforesaid; : but in Defanit thereof such Spiritual Person shall recover a Verdict with Double Costs.

XLII. And be it further enacted, That no Evidence shall be be given but such permitted to be given by the Plaintiff, on the Trial of any such Action as aforesaid, of any Cause of Action, except such as is contained ia the Notices hereby directed to be given.

as is contained in the Notices.

Spiritual Person

may by Leave pay Issue jo ord, such sum as he shall

into Court, before

think tit.

The Court in which

any Action shall be depending, may re

XLIII. And be it further enacted, That it shall be lawful for any Spiritual Person against whom any Action shall be brought for any Penalty or Forfeiture under the Provisions of this Act, by Leave of the Court in which, such Actions shall depend, at any Time before Issae joined, to pay into Court such Sum of Money as he shall see fit; whereupon such Proceedings, Orders, and Judgments shall be had, made, and given in and by such Court, as in other Actions where the Defendant is allowed to pay Money into Court.

XLIV. And be it further enacted, That the Court in which any Action, Bill, Plaint, or Information shall be depending for the Require the Diocesan covery of any Penalty or Forfeiture for Non-residence under this Act,

may and shall, upon Application made for that Purpose, require, by Rule or Order of the said Court or any Judge thereof, the Bishop of the Diocese within the Limits of which the Benefice shall be locally situate, or to whom he same shall be subject according to the Pro visions of unis Act, for or by reason of Non-residence in, at, or upon which the Penalties and Forteirures shall be sought to be recovered by such Acton, Bill, or Information, to certify in Writing under his Hand to the said Court, and also to the Party for that Purpose named in the said Rule or Order, the reputed Annual Value of such Benefice; and upon such Rule or Order being left with such Bishop, or the Registrar of such Bishop, such Bishop shall accordingly certify such reputed Annual Value; and such Certificate shall, in all subsequent Proceedings upon such Action, Bill, Plaint, or Information, be received and taken as Evidence of the Annual Value of such Benefice, for the Purposes of this Act; without Prejudice nevertheless to the Admissibility or Effect of any such other Evidence as may be offered or given respecting the actual Value thereof.

XLV And be it further enacted, That it shall be lawful for any Spiritual Person to whom any Licence for Non-residence shall have been granted, and against whom any Action shall be brought for any Penal or Forfeiture by reason of any Non-residence, or any Matter or Thing relating whereto any such Licence under this Act has been granted, to plead such Licence in bar of any such Action; and if the Plaintiff in any such Suit or Action shall discontinue any such Suit or Action after any Plea of Licence shall have been pleaded thereto under this Act, then and in such Case the Defendant in such Suit or Action shall have full Costs of Suit; and if in any such Suit or Action a Verdict snall be given for the Defendant, or the Plaintiff shall become nonsuit, the Defendant shall have Double Costs, and have the like Remed, for the same as any Defendant hath in other Cases to recover Costs by Law; and it shall be lawful for the Court, or any Judge of the Court in which any Suit or Action shall be commenced, upon any Application made in that Behalf, to order and direct, if such Court or Judge shall deem it expedient so to do, that the Plaintiff in any such Suit or Action shall give Security for the Payment of such Cosis, and that all Proceedings in any such Suit or Action shall be staid until such Security shall be given as to the Court or Judge to whom any such Application shall be made shall seem fit.

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If at the Time of

no Action shall have been com

menced, none stajl be afterwards brought, &c.

XLVI. Provided always, and be it further enacted, That if at the Time of filing any Monition requiring any Spiritual Person to re-filing any Monition side on his Benefice, or to recover the Penalties incurred by past Non-residence, no Notice of any Action for any such Penalty or Forfeiture shall have been already given in Manner aforesaid, then and in such Case no such Action, Suit, Bill, Plaint, or Information shall be afterwards brought for any Penalty or Forfeiture incurred by rea son of any Non-residence of such Spiritual Person before the issuing of such Monition, or during any Proceedings that may be had under such Monition; and if any such Action or Suit shall be so commenced the Defendant therein may plead in bar thereof, that such a Monition as aforesaid has issued in respect of the same Benefice; and such Defendant, unless upon Application to the Court the same shall be dispensed with, shall, upon pleading such Matter, file or cause to be filed an Affidavit in the said Court, thereby stating the Period specified in such Monition, and that, according to the Belief of the Defendant, the Bishop who has issued or caused such Monition to be issued is proceeding upon the said Monition, to the Intent to make the same effectual to the Intents and Purposes of this Act, otherwise such Plea shall not be good or available in the Law.

f

Person where it

within Three

Yours.

57 Geo. III. c 99. XLVII. And be it further enacted, That no Penalty or Costs No Penalty to be incurred by any Spiritual Person by reason of any Non-residence on levied against the his Benefice, shall be levied by Execution against the Body of any can be recovered such Person, whilst he shall hold the same or any other Benefice out by Sequestration of the Profits of which the same can be levied by Sequestration within the Term of Three Years; and in case the Body of any such Spiritual Person shall be taken in Execution for the same, the Court in which the same was recovered, or any Judge thereof, may and shall upon Application made for that Purpose, discharge the Party from such Execation, in case it shall be made to appear to the Satisfaction of such Court or Judge that such Penalty and Costs can be levied as aforesaid.

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XVIII. And be it further enacted, That if any Spiritual Person holding any Benefice, who does not or shall not actually reside thereon Nine Months in each Year (unless such Person shall do the Duty of the same, having a legal Exemption from Residence, or a Licence to reside out of the same, or to reside out of the Parsonage House or Vicarage House, or other usual House of Residence he longing to the same), shall for a Period exceeding Three Months absent himself from his Benefice, without leaving a Curave duly licensed or other Spiritual Person to perform, and who shall duly perform the Ecclesiastical Duties of such Benefice, or shall for the Period of Three Months after the Death, Resignation, or Removal of any Curate who has served his Church or Chapel, neglect to notify such Death, Resignation, or Removal to the Bishop of the Diocese, or to nominate to the Bishop of the Diocese a proper Curate, then and in every such Case, and in every Case in which no Curate shall be nominate to the Bishop for the l'arpose of being licensed by him within such Period as aforesaid, the Bishop is hereby authorized to ap point and licence a proper Curate, with such Salary as by this Act is allowed and directed, to serve the Church or Chapel of the Parish or Place in respect of which such Neglect or Default shall have occurred: Provided always, that the Licence shall in every Case specify whether the Curate is required to reside within the Parish or Place or not; and if the Curate is permitted by the Bishop granting the Licence to reside out of the Parish or Place, the Grounds upon which the Curate is so permitted to reside out of the Parish or Place shall be specified in the said Licence, and the Distance of the Residence of any Curate from any Church or Chapel which he shall be licensed to serve shall not exceed Five Statute Miles, except in Cases of Necessity, to be approved by the Bishop, and specified in the Licences

XLIX. And be it farther enacted, That in every Case where a Curate is appointed to serve a Benefice upon which the Incumbent is non-resident for more than Three Months in the Year from Exemp tion, Licence, or otherwise, such Curate shall be required by the Bishop to reside within the Parish; provided the gross Value of such Benefice amounts to Three Hundred Pounds a Year or upwards, and the Population amounts to Three Hundred Persons or upwards, of provided the Population amounts to One Thousand Persons or apwards, whatever may be the Value of such Benefice: Provided always, that whenever it shall be made out to the Satisfaction of such Bishop, that from special and peculiar Circumstances great Inconve nience would arise from such Curate being compelled to reside within' the Parish, it shall be fawful for the Bishop to allow such Curate to reside in some near and convenient Place: Provided also, that the Licence to be granted to such Curate shall specify the special Circumstances which have induced the Bishop to allow such Residence out of the Parish, and shall be entered and filed in the Registry of the Diocese, )50 21 COU

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L. And be it further enacted, That whenever it shall appear to the Satisfaction of any Bishop, either of his own Knowledge, or upon Proof by Affidavit laid before him, that by reason of the Number of Churches or Chapels belonging to any Benefice locally situate within his Diocese, or the Distance of such Churches or Chapels from each other, or the Distance of the Residence of the Spiritual Person serving the same from such Churches or Chapels, or any or either of them, or the Negligence of the Spiritual Person holding the same, that the Ecclesiastical Duties of such Benefice are inadequately performed, such Bishop may by Writing under his Hand require the Spiritual Person holding such Benefice to nominate to him a fit Person or Persons, with sufficient Stipend or Stipends, to be licensed by him to perform or to assist in performing such Duties, specifying therein the Grounds of such Proceeding; and if such Spiritual Person shall neglect or omit to make such Nomination for the Space of Three Months after such Requisition so made as aforesaid, then and in every such Case it shall be lawful for such Bishop to appoint a Curate or Curates, as the Case shail appear to such Bishop to require, with such Stipend or Stipends as such Bishop shall think fit to appoint, not exceeding in any Case in the whole the Stipends allowed to Curates by this Act, nor, except in the Case of Negligence, exceeding One-half of the gross annual Value of the Benefice, although the Spiritual Person to whom such Churches or Chapels shall belong shall actually reside or serve the same: Provided always, that such Requisition, and any Affidavit made to found the same, shall be forthwith filed by the Bishop in the Registry of his Court. Provided also, that it shall be lawful for any such Spiritual Person, who shall think himself ag grieved by any such Appointment of such Curate or Curates, to ap peal to the Archbishop of the Province to which such Bishop shall belong, in such and the like Manner, and under such Provisions and Directions, as are allowed to any Spiritual Person thinking himself aggrieved by any Sequestration issued by any Bishop.

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LI And be it further enacted, That in all Cases where the Bishop of the Diocese shall deem it proper to enforce the Performance of Morning and Evening Service on Sundays, or any other Service required by Law in any Parish Church or Parochial Chapel, or the Chapel of any Extra-parochial Place, it shall be lawful for such Bishop to enforce the same by Monition and Sequestration, to be issued in the Manner by this Act provided.

LII And be it further enacted, That every Bishop to whom any Application shall be made for any Licence for a Curate to serve for any Person not duly residing upon his Benefice, shall, before he shall grant such Licence, require a Statement of all the Particulars by this Act required to be stated by any Person applying for a Licence for Non-residence; and it shall not be lawful for any Bishop to grant a Licence to any Curate to serve the Church or Chapel of any Person as aforesaid, upon any such Application as aforesaid, until a Statement of all such Particulars as aforesaid shall have been delivered him; and such Statement shall be kept and filed and preserved from public Inspection, and disclosed only in like Manner and in such Cases as is before directed as to Statements of Persons applying for Licences for Non-residence.

LIII. And be it further enacted, That it shall be lawful for the Bishop, and he is hereby required, subject to the several Provisions and Restrictions in this Act contained, to appoint to every Curate such Salary as is allowed and specified in this Act; and every Licence to be granted to a Stipendiary Curate under this Act shall contain and specify the Amount of the Salary allowed by the Bishop to the Curate; and such Licence, or any Copy of the Registry thereof, signed by the

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1 Statement of Par

ticulars necessary to be given by Per sons applying for Curate.

a Licence for a

Bishops shall ap point Salaries to Curates.

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