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PART III-CLASS II.

NAVIGATION, SHIP-OWNERS, AND MARINERS.

No. 1.

54 George III. c. 59.-An Act to allow Ships taken and condemned for being used in carrying on the Slave Trade to be registered as British-built Ships.

No. 2.

54 George III. c. 171.-An Act to empower the Commis sioners of His Majesty's Treasury to restore Seizures; or remit or mitigate Fines, Penalties or Forfeitures, incurred concerning any Laws relating to the Customs or Excise, or Navigation and Trade of Great Britain.

END OF VOL. I.

I

19

FURTHER ADDENDUM.

PART I.-CLASS II.

STATUTES RELATING TO THE CLERGY.

57 Geo. III. c. 99.-An Act to consolidate and amend the Laws relating to Spiritual Persons holding of Farms; and for enforcing the Residence of Spiritual Persons on their Benefices; and for the Support and Maintenance of Stipendiary Curates in England.

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[10th July, 1817.]

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21 Jen. 8, c. 13.

HEREAS an Act passed in the Twenty-first Year of the Reign 57 Geo III. c. 99. of His Majesty King HENRY the Eighth, intituled An Act against Pluralities of Benefices, taking of Farms by Spiritual Men, and for Residence: And whereas another Act passed in the Twentyeighth Year of the Reign of His said Majesty King HENRY the Eighth, intituled An Act for compelling Spiritual Persons to keep Residence 28 Hen 8, c. 13. upon their Benefices: And whereas another Act was passed in the Thirteenth Year of the Reign of Her Majesty Queen ELIZABETH, intituled An Act touching Leases of Benefices, and Ecclesiastical 13 Eliz c. 20. Livings with Cure: And whereas Three several Acts passed in the 14 Eliz c. 11. Fourteenth, Eighteenth, and Forty-third Years respectively of the 13 Eliz. c 11. Reign of Her said Majesty Queen ELIZABETH, for explaining and 43 Eliz. c. 9. amending the said recited Act of the Thirteenth Year aforesaid; and which were made perpetual by an Act passed in the Third Year of the

Reign of His Majesty King CHARLES the First, intituled An Act for 3 Car. I. c. 4. the Continuance and Repeal of divers Statutes : And whereas another

Act was passed in the Forty-third Year of the Reign of His present

Majesty, intituled An Act to amend the Laws relating to Spiritual 43 Geo. 3, c. 84.
Persons holding of Farms, and for enforcing the Residence of Spiri
tual Persons on their Benefices in England: And whereas another
Act passed in the Forty-third Year of the Reign of His present Ma-

jesty, intituled An Act to rectify a Mistake in an Act made in this 43 Geo. 3, c. 109.
present Session of Parliament, intituled An Act to amend the Laws
* relating to Spiritual Persons holding pf Farms, and for enforcing
* the Residence of Spiritual Persons on their Bencfices in England,
' and to remove a Doubt respecting the Title of the Stature of the
*Twenty-first Year of King HENRY the Eighth therein mentioned :'
And whereas an Act was passed in the Twelfth Year of the Reign of
Her late Majesty Queen ANNE, intitled An Act for the better Main-
tenance of the Curates within the Church of England, and for prevent- Stat. 2, c. 12,
ing any Ecclesiastical Persons from buying the next Avoidance of any
Church Preferment: And whereas an Act was passed in the Thirty-

* The Collection was completed, and on the eve of Publication, at the Time of this Act being brought in. d

12 Anne,

36 G. 3, c. 83.

57 Geo. III. c. 99. sixth Year of the Reign of His present Majesty, intituled An Act for the further Support and Maintenance of Curates within the Canich of England, and for making certain Regulations respecting the Appointment of such Curates, and the Admission of Persons to Cures augmented by Queen ANNE's Bounty, with respect to the Avoidance of other Benefices: And whereas another Act passed in the Fifty-third 53 G. 3, c. 149. Year of the Reign of His present Majesty, intituled An Act for the further Support and Maintenance of Stipendiary Curates: And whereas Doubts have arisen upon the Construction of some of the Provisions of the said Acts; and it is therefore necessary that such Provisions of the said Acts should be explained, and other Provisions made, and that the several Laws relating to Spiritual Persons holding of Farms, and to buying and selling, and for enforcing of Residence and the Maintenance of Stipendiary Curates, should be consolidated in one Act: May it therefore please your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority Rected Acts re of the same, That from and after the passing of this Act, so much of pealed. the said several recited Act passed in the Reign of His Majesty King HENRY the Eighth, and so much of the said Acts of the Reign of Her Majesty Queen ELIZABETH, and of the said recited Act of His Majes ty King CHARLES the First, as relates to Spiritual Persons holding of Farms, and to Leases of Benefices and Livings, and to buying and selling, and to Residence of Spiritual Persons on their Benefices; and also so much of the said recited Act of Her Majesty Queen ANNE, and of the said recited Act of the Thirty-sixth Year of the Reign of His present Majesty, as relates to the Maintenance of Curates within the Church of England, and making Provision for appointing Stipends for such Curates, and all the said several other recited Acts passed in the Reign of His present Majesty. shall be and the same are respectively hereby repealed.

Spiritual P'ersons

for Occupation a

II. And be it further enacted, That from and after the passing of not to take to farm this Act it shall not be lawful for any Spiritual Person having or holdbove Eighty Acres, ing any Dignity, Prebend, Canonry, Benefice, or any Stipendiary without Consent of Curacy or Lectureship, to take to farm, for Occupation by himself, the Bishop under by Lease, Grant, Words, or otherwise, for Term of Life or Term of Penalty of 40s. per Years, or at Will, any Lands, exceeding in Amount in the whole

Acre.

No Spintual Person beneficed, or

Eighty Acres, for the Purpose of occupying or using or cultivating the same, without the Consent in Writing of the Bishop of the Diocese in which such Dignity, Canonry, Prebend, Benefice, Stipendiary Curacy, or Lectureship shall be locally situate, specially given for that Purpose; and every such Permission to any Spiritual Person to take to farm, for the Purpose of occupying the same, any greater Quantity of Land than Eighty Acres, shall specify the Number of Years, not exceding Seven, for which the Permission is given; and every such Spiritual Person as aforesaid who shall, without such Permission as aforesaid, take to farm any greater Quantity of Land than Eighty Acres shall forfeit for every Acre of Land above the Quantity of Eighty Acres so taken to Farm, the Sum of Forty Shillings for each and every Year during or in which he shall so occupy, use, cultivate, or farm such Land contrary to the Provisions of this Act, to be recovered by and to the Use of any Person who may inform and sue for the same."

III. And be it further enacted, That no Spiritual Person having performing Eccle- or holding any Dignity, Prebend, Canonry, Benefice, Stipendiary Cusiastical Duty, shall racy, or Lectureship, shall by himself, or by any other for him or to engage in Trade, or his Use, engage in or carry on any Trade or Dealing for Gain or Profit, for Profit or Gain, or deal in any Goods, Wares, or Merchandize, by buying and selling for Lucre, Gain, or Profit, iu any Market, Fair, or other Place, upon

buy to sell again

Pain of forfeiting the Value of the Goods, Wares, and Merchandizes, 57 Geo. III. c. 99. by him, or by any to his Use, bargained and bought to sell again contrary to the Provisions of this Act; and that every Bargain and Contract so made by him, or by any to his Use, in any such Trade or Dealing, contrary to this Act, shall be utterly void and of nope Effect; and the One Half of every such Forfeiture shall go to His Majesty, and the other Half to him that will sue for the same.

engaged in keep

or to selling any

of the Family; or

occupying

Glebe, &c.

any

IV. And be it further enacted, That nothing in this Act contain- Not to extend to ed in relation to being engaged in Trade or Dealing, or buying or sel- Spiritual Persons ling, shall extend or be construed to extend to, or to subject to any ing Schools, or as Penalty or Forfeiture, any Spiritual Person for keeping a School or Tutors, &c. in reSeminary, or acting as a Schoolmaster or Tutor or Instructor, or being done, or any luyspect of any Thing in any Manner concerned or engaged in giving Instruction or Educa- ing or selling in tion for Profit or Reward, or for buying or selling, or doing any other such Employment; Act, Matter, or Thing in the Conduct of, or carrying on, or in rela- Thing bona fide tion to the Management of any such School, Seminary, or Employ bought for the Use ment; or to any Spiritual Person whatever, for the buying of any Goods, Wares, or Merchandizes, or Articles or Things of any Description, which shall, without Fraud or Covin, be bought, to the Intent and Purpose, at the buying thereof, to be used and employed by the Spiritual Person buying the same for his Family or in his Household, and after the buying of any such Goods, Wares, or Merchandizes, or Articles or Things, the selling the same again, or any Parts thereof, which such Person may not want or choose keep, although the aame shall be sold at any advanced Price beyond that which may have been given for the same; or for any buying or selling again for any Lucre, Gain, or Profit of any Manner of Cattle or Corn, or other Matters or Things whatever, necessary, proper, or convenient to be bought, sold, kept, or maintained by any Spiritual Person, or any other Person for him, or to his Use, for the Occupation, Manuring, Improving, Pasturage, or Profit of any Glebe, Demesne, Farms, Lands, Tenements, or Hereditaments, which may be lawfully held and occupied, possessed, or enjoyed by such Spiritual Person, or any other for him or to his Use. Provided always, that nothing herein contained shall extend or be construed to extend to authorize any such Spiritual Person to sell any Cattle or Corn, or other Matters or Things is aforesaid, in Person, in any Market, Fair, or Place of public Sale.

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V. And be it further enacted, That from and after the passing of Penalty for NonThis Act every Spiritual Person holding any Benefice, who shall, with- Residence, out any such Licence or Exemption as is in this Act allowed for that Purpose, wilfully absent himself therefrom for any Period exceeding he Space of Three Months together, or to be accounted at several l'imes in any one Year, and make his Residence and Abiding at any ther Place or Places except at some other Benefice, Donative, Peretual Curacy, or Parochial Chapelry, of which he may be possessed, hall, when such Absence shall exceed such Period as aforesaid, and 10: exceed Six Months, forfeit and pay One-third of the Annual Value deducting therefrom all Outgoings, except any Stipend paid to any Curate) of the Benefice, Donative, Perpetual Curacy, or Parochial Chapelry from which he shall so absent himself as aforesaid; and when uch Absence shall exceed Six Months and not exceed Eight Months, One-half of such Annual Value; and when such Absence shall exceed Eight Months, Two-thirds of such Annual Value; and when such Absence shall have been for the whole of the Year, Three-fourths of ach Annual Value, to be recovered by Action of Debt, Bill, Plaint, r Information in any of His Majesty's Courts of Record at Westmins 7, or the Courts of Great Sessions in Wales, wherein no Essoign, rivilege, Protection, or Wager of Law, or more than One Imparnce, shall be allowed; and the whole of every such Penalty or For

2

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57 Geo. III. c. 99 feiture shall go and be paid to the Person or Persons who shall inform and sue for the same, together with such Costs of Suit as shall be al lowed, according to the Practice of the Court in which such Action shall be brought.

Where no House VI. And be it further enacted, That every Spiritual Person have belonging to the Benefice, &e Re ing any Benefice, and who shall not have any House of Residence sidence within the thereon, and who shall have resided Nine Months in the Year within Limits of Parish the Limits of his Benefice, or within the Limits of the City, Town, &c deemed legal Place or Parish in which his Benefice may be situated, provided such

Residence.

Houses purcha

Bounty to te

last-mentioned Residence be within the Distance of Two Miles from the Church or Chapel of his Benefice, shall not be liable to any Penalties on account of Non-residence, nor be obliged to take out any Licence in respect thereof, but that the same shall be deemed a legal Residence to all the Intents and Purposes of this Act; and in all Returns made by the Bishops, Persons so residing shall be returned as resident.

VII. And whereas the Governors of Queen ANNE's Bounty have¦ sel by Governors in some Instances purchased and may hereafter purchase Houses not of Queen Aanes situate within the Parishes for which they are purchased, but so condeemed Residen- tiguous as to be sufficiently convenient and suitable for the Residence of the officiating Ministers thereof; be it therefore enacted, That such Houses, having been previously approved by the Bishop by Writing under his Hand and Seal, and duly registered in the Registry of the Diocese, shall be deemed Houses of Residence appertaining to such Benefices to all Intents and Purposes whatsoever.

ces.

Rectories having Vicarages endow.

с.

VIII. And be it further enacted, That in all Cases of Rectories ow having Vicarages endowed, the Residence of the Vicar in the Rectory House shall be deemed a legal Residence to all Intents and Purposes whatever; provided that the Vicarage House be kept in proper Repair, to the Satisfaction of the Bishop.

Power in the Bi

shop to allow any

ment, to be a

dejce.

IX. And be it further enacted, That it shall be lawful for the fit House belong Bishop, in every Case in which there shall not be a House of Resiing to the Prefer dence belonging to any Benefice within his Diocese, to allow and adHouse of Resi judge any fit House within the Limits of such Benefice, and belonging thereto, or any fit House belonging thereto not within the Limits, but so contiguons as to be sufficiently convenient for the Purpose, to be the House of Residence thereof; and such Allowance and Adjudication in Writing under the Hand and Seal of such Bishop shall thereupon be registered in the Registry of the Diocese from Time to Time; and such House shall thenceforth be deemed the House of Residence for the Time being to all Intents and Purposes whatsoever.

Certain Persons

residence.

X. And be it further enacted, That no Spiritual Person, being exempted from Chancellor, Vice-Chancellor, or Commissary of either of the Univer nalties for Non sities of Oxford or Cambridge, or being Warden, Dean, Provost, President, Rector, Principal, Master, or other Head Ruler of any College or Hall within the said Universities, and no Spiritual Person having or holding any Professorship, or any public Readership in either of the said Universities, being actually resident within the Precincts of the University, and reading Lectures therein; and no Scholar under the Age of Thirty Years abiding for Study without Fraud at either of the said Universities; and no Chaplain of the King's or Queen's most Excellent Majesty, or of any of the King's or Queen's Children, Brethren, or Sisters, during so long as he shall actually attend in the Discharge of his Duty as such Chaplain in the Household to which he shall belong; and no Chaplain of any Archbishop or Bishop, or of any Temporal Lord of Parliament, or of any other Person or Persons authorized by Law to appoint any Chaplain or Chaplains, during so long as such Chaplain or Chaplains shall abide and dwell and daily attend in the actual Performance of his. Duty, as such Chaplain in the

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