Abbildungen der Seite
PDF
EPUB
[ocr errors]

Household to which he shall so belong; and no Spiritual Person ac- 57 Geo. III. c. 99. Lually serving as a Chaplain of the House of Commons, or as Clerk of His Majesty's Closet, or as a Deputy Clerk thereof, or a Clerk of the Closet of the Heir Apparent, or as a Deputy Clerk thereof, or as a Chaplain General of His Majesty's Forces by Sea or Land, or Chaplain of His Majesty's Dock Yards, while such Spiritual Person shall be actually attending and performing the Duties of such Office respecLively; or as a Chaplain in the Household of any British Ambassador residing abroad, during the Time of his performing the Duties of such his Office; or as Chancellor or Vicar General, or as Commissary, Whilst exercising the Duties of their Offices respectively; or as au Archdeacon while upon Visitations, or otherwise engaged in the Exercise of his Functions; and no Spiritual Person being a Minor Canon, or Vicar Choral, or Priest Vicar, or any such other public Officer, in any Cathedral or Collegiate Church, during the Times for which such Spiritual Person shall actually reside within the Precincts of the Cathedral or Collegiate Church to which he shall belong, or within the City or Town in which the said Cathedral or Collegiate Church is situate, or the Suburbs thereof, and shall actually perform the Duties of his Office; or as a Dean or Subdean, or Priest or Reader in any of His Majesty's Royal Chapels at Saint James's or Whitehall, or as a Reader in His Majesty's Private Chapels at Windsor or elsewhere, whilst residing and actually performing the Duty of any such Office respectively; or as a Preacher in any of the Inns of Court, or at the Rolls; or as Bursar, Treasurer, Dean, Vice-President, Subdean, or Public Tutor or Chaplain, or other such Public Officer, in any ColJege or Hall in either of the Universities of Oxford or Cambridge, during the Period for which he may respectively be required, by reason of any such Office, to reside and perform the Duties of any such Office, and actually shall reside and perform the Duties of the same; or as Public Librarian or Public Registrar or Proctor, or Public Orator, or other such Public Officer, in either of the said Universities, during the Period for which he may respectively be required by reason thereof to reside and perform the Duties of any such Office, and actually shall reside and perform the Duties of the same; or as Fellow of any College in either of the Universities, during the Time for which he may be required to reside by any Charter of Statute, and shall actually reside therein; or as Warden, Provost, or Fellow of Eton or Winchester College, or the Master of the Charter House, during the Time for which he may be required so to reside, and shall actually reside therein respectively; or within the City or Town or Suburbs of the City or Town within or near to which the said Colleges are respectively situ ate; or as a Master or Usher in the said Colleges of Eton or Winchester, or as a Master or Usher of Westminster School, or as Principal or Professor of the East India College; or who shall be specially exempt from Residence under the Provisions of any Act or Acts of Parliament not repealed by this Act, shall be liable to any of the Pains, Penalties, or Forfeitures in this Act contained, for or on account of any Non-residence, during any such Period as aforesaid, on any Benefice; but every such Spiritual Person shall, with respect to Residence under this Act, be entitled to account such Period as if he had legally resided on some other Benefice; any Thing in this Act contained to the contrary notwithstanding.

Dignitaries rest

XI. And be it further enacted, That it shall be lawful for any ding at Cathedral Spiritual Person being Dean, during such Time as he shall reside upon Churches for cer his Deanery, or being Prebendary or Canon, or holding any other thin Periods, CXDignity or Dignities in any Cathedral or Collegiate Church or Churches, empted. who shall reside any Period not exceeding Four Months altogether within the Year upon such Dignity or Dignities, to account such Re

Provision for

57 Geo III. c. Co sidence as if he had legally resided on some Benefice: Provided always, that it shall be lawful for any Spiritual Person having or holding any Cases in which the Prebend, Canonry, or Dignity in any Cathedral or Collegiate Church, Year of Residence in which the Year for the Purposes of Residence is accounted to comat Cathedrals com- mence at any other Period than the First of January, and who may other Period than keep the Periods of Residence required for Two successive Years at the 1st of January such Cathedral or Collegiate Church, in whole or in part, between the

mences at any

First of January and the Thirty-first of December in any one Year, to account such Residence, although exceeding Four Months in the Year, as reckoned from the First of January to the Thirty-first of December, as if he had legally resided on some Benefice; any Thing in this Act contained to the contrary notwithstanding.

XII. And be it further enacted, That it shall be lawful for the Bishop maylicense for a longer Period Bishop of the Diocese in which any Benefice shall be locally situate to if the Duties of a license any longer Period of Non-residence upon any such Benefice of Cathedral require il, any Prebendary, Canon, or other Person holding any Dignity in any Cathedral or Collegiate Church, in any Case in which it shall appear to such Bishop, from his own Knowledge, if such Cathedral or Collegiate Church is locally situate within his own Diocese, or if not, by the Certificate of the Bishop of the Diocese in which the Cathedral of Collegiate Church shall be locally situate, to be required for the Performance of any Duties in any such Cathedral or Collegiate Church; provided that every such Spiritual Person shall during such Period reside on such Prebend, Canonry, or Dignity.

Proviso for Pre

bendaries, &c. ap.

XIII. Provided always, and be it further enacted, That no Spiritual Person appointed to any Prebend, Canonry, or Dignity in pointed before this any Cathedral or Collegiate Church before the passing of this Act, shail be subject to any Penalty or Forfeiture for Non-residence upon any Benefice during the Period of his actually residing upon such Prebend, Canonry, or Dignity.

Act.

dence on their Be

Persons having XIV. And be it further enacted, That every Spiritual Person havHouse of Resi ing any House of Residence upon his Benefice, who shall not reside nefice to forteit te thereon, shall, during such Period or Periods of Non-residence, wheExemption, if ther the same shall be for the Whole or Part of any Year, keep such House not kept in House of Residence in good and sufficient Repair; and that every such Repair. Spiritual Person who shall not keep such House of Residence in Repair, and who shall not, upon Monition issued by the Bishop of the Diocese in which the same shall he locally situate, put the same in Repair, according to the Requisition of such Monition, within the Time specified therein, to the Satisfaction of the Bishop of the Diocese, and to be certified to the Bishop upon such Survey any Report as shall be required by the Bishop in that Behalf, shall be liable to all Penalties for Non-residence, notwithstanding any Exemption or Licence, during the Period of such House of Residence remaining out of Repair, and until the same shall have been put in good and sufficient Repair, to the Satisfaction of the Bishop of the Diocese.

Bishop may grant XV. And be it further enacted, That from and after the passing Licenses for Non of this Act it shall be lawful for any Bishop, upon Application made tain Cases enu. for that Purpose, by Petition in Writing, by any Spiritual Person, or

residence in cer

merated.

by any fit and proper Person on behalf of any Spiritual Person having or holding any Benefice locally situated within his Diocese, upon such Proofs as to any Facts stated in any sach Petition as any such Bishop map think necessary, and shall require by Affidavit made before any Ecclesiastical Judge or his Surrogate, or any Justice of the Peace or Magistrate, or any Master Extraordinary in Chancery (which Oath any such Ecclesiastical Judge or Surrogate or Justice of Peace or Magistrate, or Master Extraordinary in Chancery, is hereby authorized and required to administer), 'to grant in such Cases as are in this Act enumerated, in which, upon due Consideration of all the Circum

stances stated in any such Application, and verified to the Satisfaction 57 Geo, III c.99. of the Bishop as aforesaid, such Bishop shall in his Discretion think it fit to grant the same, a Licence in Writing under his Hand, expressing the Cause of granting the same to such Spiritual Person to reside out of the Parish, or out of the proper House of Residence of his Benefice, for the Purpose of exemping such Person from any pecuniary Penalty or Forfeiture in respect of any Non-residence thereon; (that is to say), to any Spiritual Person who shall be prevented from residing in the proper House of Residence, or in the Parish, by any actual Illness or Infirmity of Body of himself, or of his Wife or Chiki, 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 Res dence, 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 Bene fice, and occupying in the Parish of the same respectively any Man sion 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 Benfice 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 Lectoreship, or endowed Chapelry, or endowed Preachiership, 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 Seamen at Haslar or Plymouth, or as Chaplain to the Naval Asylum, or in His Majesty's Navy, or as Chaplain of His Majesty's Gaol of Newgate, or of the Penitentiary at Milbank, or as Chaplain of any British Factory, or as principal 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 Fee for Licences. Person obtaining 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 Persons aggrieved also, that if any Spiritual Person applying to any Bishop for any such may appeal to he Archbishop. Licenec shall think himself aggrieved by the Refusal thereof, it shall

51 Geo III. c 99. be lawful for such Spiritual Person to appeal to the Archbishop of the Province, who shall forthwith, either by himself, or some Commissioner 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: ProSecurity to be vided always, that in every such Case the Spiritual Person so appealgiven for Payment ing shall give Security to the Bishop for the Payment of such reason able Expences occasioned by the Appeal as the Archbishop or his Commissioner or Commissioners shall award.

of Expences

may grant Licences

In Cases not enu- XVI. And be it further enacted, That it shall be lawful for any merated. Bishops such Bishop as aforesaid, in any Cases not herein-before enumerated, and assign Sala ies in which under all the Circumstances of any such Case such Bishop to Curates em shall think it expedient to grant to any Spiritual Person possessed of ployed.

any Benefice a Licence to reside out of the Parish, or out of the pro per House of Residence, as the Case may be, or as the Case may ap pear to such Bishop to require, and to assign, in any Case in wich a Stipendiary 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 ia 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 Curate; or if any Curate shall have been and be then so employed, to assign any additional Salary to such Curate; and in every and any of such Cases to cause such Sala. ries to be paid by Sequestration of the Profits of the Benefice: ProReasons for grant vided always, that in every such Case respectively, the Nature and transmitted to the Special Circumstances thereof, and the Reasons that have induced such Archbishop for Bishop to grant such Licence as aforesaid, shall be forthwith transExamination and mitted to the Archbishop of the Province to which such Bishop shall

ing them to be

Allowance.

belong, who shall forthwith by himself, or by some Commissioner or Commissioners appointed for that Purpose from among the Bishops of such Province, by Writing under his Hand, which Commissioner of Commissioners is and are thereupon authorized to take upon himself or themselves the Execution of the said Commission, examine into such Case, and make such Inquiries as to any Particulars relating thereto, as such Archbishop or Commissoner or Commissioners so ap pointed as aforesaid may think necessary; and after such Inquiries made by himself, or where the same shall be made by such Commis sioner or Commissioners, after a Return of the Substance thereof in Writing to such Archbishop, such Archbishop shall thereupon allow or disallow such Licence in the whole or in part, or make any Alter ation therein as to the Period for which the same may have been granted or otherwise, and likewise as to the Stipend assigned to the Curate, as to such Archbishop shall seem fit; and no such Licence shall be good, valid, or effectual under this Act, for any Purpose whatever, unless it shall have been so allowed and approved by such Archbishop, such Allowance thereof being signified by the signing thereof by such Archbishop: Provided always, that it shall not be necessary in such Licence to specity the Cause of granting the same. XVII. And be it further enacted, That no Licence granted under void by the Death this Act shall be made void by the Death or Removal of the Bishop Grantor, unless ie granting the same, but the same shall be and remain good and valid voked by the Suc- notwithstanding any such Death or Removal, unless the same shall be revoked by the next or any succeeding Bishop, as the Case may re quire.

Licences not to be

or Removal of the

cessor.

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 Non-residence, 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, 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 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 in tend to reside in the Parish, then the Application shall state at what Distance therefrom, 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 Vacancy of any See, the Power of granting Licences under this Act, subject to the Regulations therein contained, shall be exercised by the Vicar General of the Diocese; or in case such Circumstances shall arise as shall disable the Bishop from exercising in Person the Functions of his Office, it shall be exercised by such Person or Persons as is or are lawfully empowered to exercise his general Jurisdiction in the Diocese.

[blocks in formation]

Licences may be

Fres may be ordered to be paid by

Limiting the Time

of Licences.

XX. And be it further enacted, That it shall be lawful for any Bishop who shall have granted any Licence for Non-residence as afore-revoked. said, 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 snch 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 Archbishop to whom such Appeal shall be made, to order and direct such reason- Appellants. able Fees and Charges to be paid by any Spiritual Person appealing as aforesaid, in respect of any such Proceedings as aforesaid, as he shall in his Discretion think fit: Provided also, that no Licence for Nonresidence granted under this Act shall continue in force for more than Three Years from the granting thereof, or after the Thirty-first day of December in the Second Year after the Year in which such Licence is granted XXI. And be it further enacted, That every Bishop who shall Copies of Licences grant or revoke any Licence for Non-residence under this Act shall be filed in the Reand he is hereby required, within One Month after the Grant or Registry of the Din vocation of such Licence, to cause a Copy of every such Licence or kept for Inspection Revocation to be filed in the Registry of his Diocese; and an Alpha- and Copies transbetical List of such Licences and Revocations shall be made out by mitted to Churchthe Registrar of such Diocese, and entered in a Book, and kept for the Inspection of all Persons, upon Payment of the Sum of Three Shillings and no more; and a Copy of every such Licence with respect

e

or Revocations to

cese, and a Lst

wardens;

« ZurückWeiter »