No. 1. PART I. person from any pecuniary penalty or forfeiture in respect CLASS 1. of any non-residence thereon; (that is to say), to any Stat. 57 spiritual person who shall be prevented from residing in G. 3. c. 99. the proper house of residence, or in the parish, by any actual illness or infirmity of body of himself, or of his wife or child, making part of and residing with him as part of his family; and also to any spiritual person having or holding any benefice whereupon or wherein there shall be no house of residence, or where the house of residence shall be unfit for the residence of such spiritual person, such unfitness not being occasioned by any negligence, default, or other misconduct of such spiritual person, and such spiritual person keeping such house of residence in repair to the satisfaction of the Bishop; and also to any spiritual person having or holding any benefice, and occupying in the parish of the same respectively any mansion or messuage, to reside in such mansion or messuage, such spiritual person keeping the house of residence, and other buildings belonging thereto, in good and sufficient repair and condition, and producing to the Bishop proof to his satisfaction, at the time of granting and renewing any such licence, of such good and sufficient state of repair; and also to any spiritual person having or holding any benefice of small value, and serving as a licensed Stipendiary Curate elsewhere, and providing for the serving of such his benefice, to the satisfaction of such Bishop; and also to any Master or Usher of any endowed school duly licensed by the Bishop, and actually employed in teaching therein; and also to any Master or Preacher of any hospital or incorporated charitable foundation during the period for which he may be required to reside by any charter or statute of any such hospital or incorporated charitable foundation, or by any other lawful authority in the same, and shall actually reside and perform his duties therein; or to any person holding any endowed lectureship, or endowed chapelry, or endowed preachership, and performing and executing the duties thereof respectively, with the licence of the Bishop in whose diocese he shall so officiate; or to any spiritual person having or holding any benefice of small value, and serving as Preacher in any proprietary chapel, in any city or town, with the licence of the Bishop in whose diocese he shall so officiate; or to any spiritual person actually serving as Chaplain in any of his Majesty's garrisons, or as Chaplain to the Royal Military Asylum at Chelsea, or Royal Military College at Sandhurst, or as Teacher of the Royal Military Academy at Woolwich, or as Chaplain at either of the Royal Hospitals at Greenwich or Chelsea, or as Chaplain to either of the Royal Hospitals for No. 1. cences. seamen at Haslar or Plymouth, or as Chaplain to the Naval PART I. Asylum, or in his Majesty's navy, or as Chaplain of his CLASS I. Majesty's gaol of Newgate, or of the Penitentiary at Mil- Stat. 57 bank, or as Chaplain of any British factory, or as Principal G. 3. c. 99. Surrogate or Official in any ecclesiastical court of any diocese, or as a Librarian of the British Museum, or of Sion College, or as one of the trustees of Lord Crewe's charity, during the time of personal attendance on the duties of such office respectively: Provided always, that the spiritual person Fee for liobtaining any such licence shall pay to the secretary or officer of the Bishop the sum of ten shillings, exclusive of and over and above the stamp duty chargeable thereon, and no more: Provided also, that if any spiritual person applying Persons agto any Bishop for any such licence shall think himself grieved agmay appeal grieved by the refusal thereof, it shall be lawful for such to the spiritual person to appeal to the Archbishop of the province, Archbiwho shall forthwith, either by himself, or some commissioner shop. or commissioners appointed from among the other Bishops of his province, under his hand, make or cause to be made inquiry into the same, and by writing signed by himself confirm such refusal, or grant a licence under this Act, as shall seem just and proper: Provided always, that in every such Security to be given for case the spiritual person so appealing shall give security to the Bishop for the payment of such reasonable expences oc-expences. casioned by the appeal as the Archbishop or his commissioner or commissioners shall award. payment of rated, Bi assign sa XVI. And be it further enacted, That it shall be lawful In cases for any such Bishop as aforesaid, in any cases not herein-be- not enumefore enumerated, in which under all the circumstances of any shops such case such Bishop shall think it expedient to grant to grant liany spiritual person possessed of any benefice a licence to cences, and reside out of the parish, or out of the proper house of resi- laries to dence, as the case may be, or as the case may appear to such Curates Bishop to require, and to assign, in any case in which a Sti-employed. pendiary Curate may be employed to do the duty of such spiritual person, such salary as he shall judge fit to appoint, due respect being had to the value of such benefice, and to all other circumstances of the case: and it shall also be lawful for any Bishop, in case of the absence from the realm of any spiritual person, to grant any such licence without any application made for that purpose, and from time to time in any such case to renew any such licence as he shall think fit, and in every such case to appoint a Stipendiary Curate in case no Curate duly licensed shall be then employed in serving such benefice, and to assign a salary to such Čurate; or if any Curate shall have been and be then so employed, Stat. 57 PART I. to assign any additional salary to such Curate; and in every CLASS I. and any of such cases to cause such salaries to be paid by No. 1. sequestration of the profits of the benefice: Provided always, G. 3. c. 99. that in every such case respectively, the nature and special circumstances thereof, and the reasons that have induced Reasons for such Bishop to grant such licence as aforesaid, shall be forthgranting them to be with transmitted to the Archbishop of the province to which transmitted such Bishop shall belong, who shall forthwith by himself, or to the Arch- by some commissioner or commissioners appointed for that bishop for examina- purpose from among the Bishops of such province, by writtion and ing under his hand, which commissioner or commissioners is allowance. and are thereupon authorized to take upon himself or them Licences not to be void by the death or or, unless sor. selves the execution of the said commission, examine into XVII. And be it further enacted, That no licence granted under this Act shall be made void by the death or removal of the Bishop granting the same, but the same shall be and removal of remain good and valid notwithstanding any such death or the grant- removal, unless the same shall be revoked by the next or revoked by any succeeding Bishop, as the case may require. the succes- XVIII. And be it further enacted, That every application made by or in behalf of any spiritual person holding any benefice, donative, perpetual curacy, or parochial chapelry, to the Bishop of the diocese, for any licence for nonresidence, shall be in writing, and shall be signed by the person making the same, and shall state whether such spiritual person intends to perform the duty himself, and if he does, tain parti- where and at what distance he intends to reside; or if he intends to employ a Curate, the application shall state what salary he proposes to give to his Curate, and whether the Every ap plication for licence shall be in writing, and shall state cer culars. PART I. CLASS I. Stat. 57 Curate proposes to reside or not to reside in the parish; and if the Curate intends to reside, then whether in the parsonage house; and if he does not intend to reside in the parish, then the application shall state at what distance therefrom, G. 3. c. 99. and at what place such Curate intends to reside; and whether such Curate serves any other parish as Curate or Incumbent, or has any ecclesiastical preferment, or holds any donative, perpetual curacy, or parochial chapelry, or officiates in any other church or chapel; and such application shall also state the gross annual value of the benefice in respect of which any licence for non-residence shall be applied for; and it shall not be lawful for the Bishop to grant any such licence, unless the application shall contain a statement of the several particulars aforesaid; and all such applications and specifications shall be kept and filed by the Registrar of the diocese in a separate book, which shall be kept and preserved for that purpose; and such book shall not be open to public inspection, or disclosed, or copies thereof made, except with the leave in writing of the Bishop of the diocese. XIX. And be it further enacted, That during the va- By whom cancy of any see, the power of granting licences under this licences may be Act, subject to the regulations therein contained, shall be exercised by the Vicar General of the diocese; or in case while a see such circumstances shall arise as shall disable the Bishop is vacant, from exercising in person the functions of his office, it shall shop abbe exercised by such person or persons as is or are law-sent, &c. fully empowered to exercise his general jurisdiction in the diocese. or the voked. XX. And be it further enacted, That it shall be lawful Licences for any Bishop who shall have granted any licence for non-may be reresidence as aforesaid, or for any successor or successors of any such Bishop, to revoke any such licence in any case in which it may appear to him or them proper and expedient to revoke the same: Provided, that any spiritual person may appeal against any such revocation by the Bishop, in like manner as is herein-before directed in case of any refusal of any licence: Provided also, that it shall be lawful for any Fees may Archbishop to whom such appeal shall be made, to order be ordered and direct such reasonable fees and charges to be paid by by appelany spiritual person appealing as aforesaid, in respect of any lants. such proceedings as aforesaid, as he shall in his discretion think fit: Provided also, that no licence for non-residence Limiting granted under this Act shall continue in force for more than the time of three years from the granting thereof, or after the thirtyfirst day of December in the second year after the year in which such licence is granted. to be paid licences. PART I. No. 1. XXI. And be it further enacted, That every Bishop who CLASS I. shall grant or revoke any licence for non-residence under Stat. 57 this Act shall, and he is hereby required, within one month G. 3. c. 99. after the grant or revocation of such licence, to cause a copy of every such licence or revocation to be filed in the registry Copies of licences or of his diocese; and an alphabetical list of such licences and revocations revocations shall be made out by the Registrar of such dioto be filed cese, and entered in a book, and kept for the inspection of in the re- all gistry of persons, upon payment of the sum of three shillings and the diocese, no more; and a copy of every such licence with respect to kept for in- any benefice shall be transmitted by the spiritual person to spection; whom the licence is granted, to the Church-wardens of the and copies parish, township, or place to which the same relates, within transmitted one month after the grant of such licence; and every Bishop wardens; revoking any licence shall cause such revocation to be trans and a list to Church mitted to the Church-wardens of the parish, township, or place to which it relates, which copies shall be by them deposited in the parish chest; and every Registrar who shall neglect to enter the same shall forfeit for every neglect of entering any such licence or revocation in any such list the sum of five pounds, to be recovered by and for the use of any person who shall sue for the same, in like manner as any penalty may be recovered under the provisions of this Act; and public- and a copy of every such licence or revocation shall likewise ly read at be produced by the Church-warden, and publicly read by the Registrar or other officer at the visitation of the ecclesiastical district within which the benefice in respect whereof the licence shall have been granted, or revocation made, shall be locally situate, immediately next succeeding the granting or revocation thereof. the first vi sitation. A list of allowed by his own XXII. And be it further enacted, That every Archlicences bishop who shall in his own diocese grant any licence, or the Arch- who shall allow or approve, in manner directed by this Act, bishop, or any licence or licences in any case or cases not enumerated granted in in this Act, shall annually on or before the thirty-first day diocese, of January in each year transmit to his Majesty in Council shall be an- a list of all such licences so granted or allowed or approved nually transmitted respectively as aforesaid in the year ending on the last day to his Ma- of December preceding such thirty-first day of January, and shall in every such list specify the reasons which have induced him to grant, allow, or approve the said licences, torevoke li- gether with the reasons transmitted to him by the Bishops cences, &c. for granting any such licences in their respective dioceses; and it shall be lawful for his Majesty in Council, by an order made for that purpose, to revoke and annul any such licence; and if his Majesty in Council shall think fit so to jesty in Council, who may |