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return within a specified time ; which return or any fact therein the Bishop may require to be verified son oath before Surrogate, &c.] “by evidence."
In case of no return, or an insufficient return, the Bishop may issue an order under hand and seal, to reside within thirty days; and in case of non-compliance, may sequester till the order is complied with, or sufficient reasons for non-compliance stated and proved; the surplus of sequestered profits, after providing for the Curate, to be applied, in such proportion as the Bishop shall ihink fit;
1. To the payment of reasonable expenses of the proceedings;
Bounty : The Bishop may, within six months, repay, or cause to be refunded to the Incumbent any portion, although paid over to the Bounty Board, “or in case " the benefice shall be under sequestration at the suit of a creditor to the “ sequestrator."
Incumbent may, within one month after the sequestration, appeal to the Archbishop. 45. Incumbent returning to residence before the living is sequestered, shall pay 27.
all the costs, if he was absent when the monition or order issued, “and pro
“ceedings shall not be stayed until payment made." 16. In order to enforce bonâ fide residence; if any Incumbent, absent without 28.
lawful cause, shall return to residence in obedience to a monition or order, and again within (six] "twelve" months, wilfully absent himself without leave “for "one month," a sequestration may issue, without further monition or order ; and so on, from time to time. An appeal to lie against such sequestration as
in other cases; but no stay of proceedings. 7. After a monition, issued for the recovery of any penalty exceeding one-third 30.
of the value of the benefice, the whole or any part may be remitted to the Incumbent, by the Archbishop or Bishop;
The former transmitting to the Queen in Council, and the latter to the Archbishop a list, with the particulars of such cases, with final power of disallowance or variation by the Queen in Council, or the Archbishop, as the case
may be. 18. If the benefice remains under sequestration for non-residence (two years] 31.
“ one whole year," or holder incurs three] “ two" sequestrations within two years, without relief upon appeal, the benefice shall be ipso facto void.
The Bishop to give notice of the avoidance to the Patron, who may not present the same person ; "and if the Patron or his abode be unknown, or out it of England, notice to be twice inserted in the London Gazette and in some “newspaper printed in the neighbourhood, and the avoidance to be reckoned
“from the delivery or the second insertion in the Gazette.” 19. All contracts for letting the house of residence on which the Incumbent 32.
shall be required by the Bishop's order to reside, or which may be assigned to a Curate to be void ; and any person holding possession, after the day named in the order served upon him, shall forfeit forty shillings a-day, and costs, if any.
The Incumbent or Curate so ordered to reside, may obtain from a Magistrate, a warrant, under which forcible possession of the house may be taken in the daytime.
Incumbent not to be liable for penalties during adverse occupation. 51. Vicars relieved from the oath of residence. 52. If an Incumbent not actually residing nine months in the year, (unless per- 48.
forming the duty himself, having (a legal exemption from residence or] a license to reside out of the benefice, or out of the usual house of residence,) absents himself for (three] "two” months “altogether in the course of one year” without leaving a Curate duly licensed, “or approved” by the Bishop, for other spiritual person to perform the duty,] or neglects for (three months] “ one month” to notify to the Bishop the death, resignation, or removal of his Curate,
or to nominate to the Bishop a proper Curate; and in all cases where, “not“ withstanding such notice, no Curate shall be nominated within [the period aforesaid] "two months after death, &c.;" the Bishop may appoint and license a Curate with such a salary as is allowed by this Act.
Such Curate's license to specify whether required to reside in the parish; if not, the reason : but no Curate shall reside more than five] “three" miles
from the church, except in case of necessity, to be specified in the license. 53. [Where the population amounts to 1,000 ;--or the population to 300, and 49.
the annual value of the living to 3001.;]-if the Incumbent is non-resident (more than threc] “four" months in the year, the Bishop shall require the Curate to reside " in the parsonage house, if there be one, and if not," in the 64. parish ; or (by license specifying special circumstances of inconvenience, allow him to reside at some other near and convenient place,] “if no convenient " residence there, then within the distance mentioned in the last clause, the place " of residence being specified in the license."
“Extension of the provisions of the Acts 17 Geo. 3. c. 53. and 21 Geo. 3. "C. 66." relating to building or repairing houses of residence; for which purpose, and also for procuring a proper site for a house, Incumbent may borrow not exceeding two years' income, where it amounts to 4001. ; nor exceeding “two and a half years' income where it amounts to 3001., and is less than 4001.; “nor exceeding three years' income where below 3001. :" and may mortgage the glebe, &c. for (twenty-five] “thirty-five" years, or till the principal, interest, and costs are paid; and" after expiration of first year,” the Incumbent shall pay to the mortgagee annually, [if non-resident, 101, per cent., and if resident,
51. per cent.,] "one-thirtieth part” of the principal. 55. “ Power to Bishop, subject to appeal to Archbishop, to require Incumbent of
“ benefice above 1501. per annum to borrow money, as in last clause, and in “case of non-compliance, to enforce by monition and sequestration ; and to “ direct the sequestrator to mortgage for any shorter period, and annually to “pay a larger portion of the principal, not exceeding one-tenth. If, in any case “of no house, or house unfit, foregoing power not exercised, Bishop to state his “reason in return to the Queen in Council. Incumbent actually resident, but
“ not in glebe house, not to be liable. 56. “ Provisions of last-recited Acts, which compel non-resident Incumbents
“to pay 101. per cent. per annum of the sum borrowed, and Incunbents pay"ing 51. per cent. to produce certificate of residence, repealed as to future
" mortgages. 57. “ The annual instalments of every mortgage, to the Governors of Queen
“Anne's Bounty, by Bishops under special Acts, or by Incumbents under the “ two last-recited Acts, to be in future one-thirtieth part of the principal, instead
“ of the instalments provided by the said Acts. 58. “Governors of Queen Anne's Bounty empowered to advance for the purposes
“in two last-recited Acts, 1001. to benefices under 501. a year without interest, " and to benefices above that value any sum of money authorized by said Acts
"at 41. per cent. 59. “The remaining powers of the two last-recited Acts extended to all mort.
“gages under this Act." 60. Colleges and other corporate bodies, empowered to advance money on mort
gage of benefices in their patronage, in aid of the purposes of this Act, with
out interest. 61. “Incumbent empowered, with the consent of Bishop, upon the certificate of
"surveyor, to allow the old glebe house to remain standing, and upon the com“pletion of a new one, to convert the former into farm-house or buildings for “The use of occupiers of glebe lands.
“If glebe house, gardens, &c. inconveniently situate, Incumbent empowered, “ with the written consent of Bishop and Patron, to sell them and any land con“tiguous thereto, not exceeding
acres, for such price as shall appear “ fair to the Ordinary and Patron. VOL. XX. NO. III.
63. “The purchase money to be paid to the Governors of Queen Anne's Bounty. 64. “And applied in the purchase or erection of another house, offices, &c., “together with land contiguous thereto, not exceeding
acres, to be “ approved by the written consent of the Ordinary and Patron. * 65. “The said Governors in the first place to pay all costs attending the sale.
“ House so purchased to be deemed the residence house of the benefice. 66. “And in case of such purchase, the powers of the Act 7 Geo. 4. c. 66.
"extended to this Act. 67. “The Bishop, upon the next avoidance of a benefice not exceeding 2001. a
1 year, having no fit house of residence, may, upon the report of a commission o to be issued by him, sequester the benefice, and after providing for the duty, “ apply the profits and also the amount of dilapidations towards providing a fit “ house of residence. Patron may nominate to the Bishop a person to be insti“tuted to the benefice, but the Bishop may withhold institution until sufficient “house provided. If nomination made within the time prescribed by law, “ the right not to lapse on account of institution being thus withheld. If the “ Bishop should see reason not to sequester or to withdraw sequestration, he
“shall state his reasons in his next return to the Queen in Council." 68. Power to the Bishop, wherever he has reason to believe [from his own 50.
knowledge, or on affidavit,] that the duties of a benefice are inadequately performed, seither on account of the number or distance of the places of worship, or the distance of the Incumbent's residence, or his negligence, "to issue a “ Commission to inquire into the facts, and upon an affirmative report, or if " there be more than one church or chapel belonging to the benefice," the Bishop may require the appointment of a Curate or Curates; whom he may himself appoint, if the Incumbent refuses or neglects to nominate; assigning, in either case, a stipend or stipends not exceeding the “respective" stipends fixed by this Act, nor exceeding, except in case of negligence, half the [gross) "net" annual value of the benefice, and this although the Incumbent is in actual residence “and performance of duty;" but the Incumbent may appeal to the
Archbishop. 69. “Where the value of a living, of which Incumbent was not in possession 12th
“ March, 1836, exceeds 4001. per annum, and the population announts to 2,000, “ the Bishop may require a Curate to be nominated and paid by the Incum“ bent; and may insist upon the employment of a Curate in all cases of this “ amount of population, whatever be the value of the living, provided there be “ any other source from which such Curate can be remunerated ; and in de“ fault of nomination by the Incumbent within two months after requisition, the “ Bishop may appoint a Curate, and assign him a stipend not exceeding the “ stipends allowed by this Act, nor in any case exceeding one-fifth of the net “ annual value of the benefice; and if the stipend is derived in whole or in part .“ from other sources than payments by the Incumbent, the Curate shall not
" claim more than is actually specified in the nomination. 70.' “ In case of a stipend being assigned by the Bishop under this Act, to the
“ Curate of an Incumbent found lunatic by inquisition, the Committee to pay it
" out of the profits of the benefice. 71. “ Payment may be enforced by sequestration. 72. “There shall be two full services, each including a sermon or lecture, on 51.
“ Sundays, in the church or chapel of every benefice the value of which amounts “ to 150l. per annum, and the population to 400, unless the Bishop shall for “good cause dispense with one; and” in every benefice the Bishop may enforce “two full” services, [or any other service required by law.] Not to affect the
provision of Act 58 Geo. 3. c. 45. s. 65. 73. Before the Bishop licenses any Curate upon application by a non-resident In- 52.
cumbent, he shall require a statement of all particulars, as upon an application for a non-residence license, “and on application for any license for any stipendiary " Curate, a declaration, signed by the Incumbent and the Curate, that they re“ spectively intend bona fide to pay and receive the whole stipend mentioned
" in such statement, without any deduction or reservation whatsoever," [such
statements to be filed as in cases of applications for licenses for non-residence.] 74. Curate obtaining license to pay Bishop's Secretary a fee of 1l. and no more, 53. besides the stamp.
One declaration only (under the Act of Uniformity) shall be necessary for a Curate, and one certificate of his having made it, although he is at the same time
licensed to two or more curacies in the same diocese. 75. The Bishop shall appoint to all Curates “ of non-resident Incumbents" sti- 53.
pends specified in this Act; and the licenses of all Curates, “whether Incumbent i resident or not,” shall specify the amount of stipend. Power to the Bishop summarily to determine differences respecting such stipends or their payment; and in case of wilful neglect or refusal, he may enforce payment by monition
and sequestration. 76. Stipend of a Curate for a benefice held by the Incumbent before the 20th of 54.
July, 1813, not to exceed 751. with the use of the house, or 901. without it, [except with the consent of the Incumbent, or in case of his neglecting to ap
point a proper Curate.] 77. The Bishop shall assign salaries to Curates of non-resident Incumbents not in 55, possession on 20th July, 1813, according to the following scale :
In no case less than . . . . £80
500 . . . 120
amount to these sums respectively. 78. If the net annual value exceeds 4001., the Bishop may assign to a resident 56.
Curate, serving no other cure, 1001., though the population be not 300; and if the net annual value exceeds 4001., and the population amounts to (or exceeds) 500, he may assign any larger salary, not exceeding by more than 501. the stipend allowed by this Act for any such Curate; “and where " the population exceeds 2,000, Bishop may require Incumbent to nominate "two persons to be licensed as Curates, and assign to each such stipend as he “shall think fit, not exceeding together the largest stipend allowed by the Act,
"* except when Incumbent shall consent to larger stipend." 79. In case of incapacity of an Incumbent, from age, sickness, or other unavoid- 57
able cause, in which great hardship or inconvenience would arise from assigning the full stipend to a Curate, the Bishop may reduce the amount at his discretion,
stating the fact and his reasons in the license. 80. Where the Incumbent of two for more] benefices, residing bona fide in dif- 58
ferent proportions of the year upon one or other, employs a Curate to do the duty of each, interchangeably with himself, the Bishop may fix any discretionary amount of stipend, between that which would be allowed according to this Act, for the larger benefice and that which would be allowed for the smaller; but if, so residing, he employ a Curate or Curates for the whole year, on each living,
then the Bishop may reduce the stipend to any amount at his discretion. 81. If the Bishop licenses any Incumbent as Curate of an adjoining parish, he 60.
may assign to him any stipend less, by a suma not exceeding 361., than what would be allowed to any other Curate under this Act; and if he license a Curate to serve (more than one] "two" parishes, he may assign a similar sti
pend to him, for each. 82. All agreements, between Incumbents and Curates, in fraud, or for a less sti-61.
pend than that stated in the license, to be absolutely void; and the Curate or his representatives, within twelve months after quitting the curacy or death, as the case may be, entitled to the full amount, and to recover the balance, with streble costs,] "full costs as between proctor and client,"by monition and sequestration.
But the sequestration not to affect the benefice, beyond the incumbency of the person liable. 83. Curate's stipend, if of the whole annual value of the benefice, to be subject 62
to deduction to the extent of all legal charges upon the benefice, and of any
other loss or diminution, not occasioned by the wilful neglect of the Incumbent. 84. In such cases as last aforesaid, the Bishop may allow the Incumbent to re- 63.
tain annually any sum, not exceeding one-fourth of the profits, which he has actually expended in repairs, necessary to keep down dilapidations for which he would be liable to his successor; and where the value of the living does not exceed 1501., he may in the same manner be allowed to retain as much of the stipend, not exceeding one-fourth, as he has so laid out beyond the surplus of
the profits after payment of the stipend. 85. In case of non-residence for four months in the year, the Bishop “having re- 64.
“ quired the Curate to reside in the house of residence," may assign to him such house and the offices and garden free of rent, "together with any portion of the “ glebe land adjacent thereto, not exceeding four acres, at such rent as shall be " fixed by the Archdeacon or by the Rural Dean and one neighbouring Incum“ bent, and approved by the Bishop," during his service in the cure, or the non-residence of the Incumbent; and he may sequester the living till possession is given, applying the profits, “as in cases of non-residence,” or remitting
them, or any part of them, at his discretion. 86. Where the Curate's stipend amounts to the whole value of the living, and he 65.
is sallowed “ directed' to reside, he shall incur the same liability as to rates and taxes, as if he were Incumbent; "in all other cases the Bishop may direct
"the Incumbent to repay him, and he may recover by monition and sequestration." 87. If the Curate does not vacate the house upon three months' notice in writing, 66.
from the Bishop, he shall forfeit to the Incumbent forty shillings for every day
of wrongful possession, (to be recovered by action of debt, &c.] 88. The Incumbent may not dispossess the Curate without the Bishop's written 67.
permission, and three months' notice thereof; but upon a vacancy of the living, the Curate shall quit [within three months after the institution of the successor, upon being required by him so to do, and having one month's notice,
“ upon having six weeks' notice from successor, or forfeit as in last clause." 89. If a Curate shall quit his curacy, without three months' notice to the Incum- 68.
bent and the Bishop, unless with the Bishop's “ written” consent, he shall forfeit to the Incumbent a sum, to be fixed by the Bishop, in writing, not exceeding six months' stipend, to be retained out of the arrears of stipend, if any; if none,
to be recovered by action of debt. . 90. Unlimited discretion to the Bishop to license any Curate actually employed 69.
though not expressly nominated by the Incumbent "resident or non-resident;" and summarily, “but after hearing the Curate," to revoke the license to any Curate under his jurisdiction, and to remove him for any cause which may appear
to him good and reasonable ; but the Curate may appeal to the Archbishop. 91. “In all cases of sequestered benefices, the Bishop shall appoint a Curate or
“ Curates, and assign stipends, not exceeding the highest stipend fixed by this “ Act in the case of one such Curate; nor, where more Curates, exceeding • 1001. to more than one of them; to be paid by the Sequestrator out of the " profits. But not more than one Curate to be appointed to a benefice with
“ only one church and a population not exceeding 2,000. 92. “ Curate of sequestered benefice shall be paid by the Sequestrator; or if the
&" proceeds of the living be insufficient, by the succeeding Incumbent; to be 93. “ enforced by monition and sequestration." 91. All grants and revocations of Curates' licenses to be registered, and copies 70.
transmitted, in the same manner and subject to the same penalty and the same regulations as in cases of licenses for non-residence.
[Church wardens) “Incumbent" to pay to the Registrar a fee of ten shillings for every copy transmitted. 95. No Clergyman may serve more than two churches, or two chapels, or one 59.
church and one chapel, on the same day.
[Power to the Bishop to extend it to three churches, &c., if not more than four miles apart,