7 Geo. III. 99 Registrar of the Diocese or his Deputy, shall be Evidence of the Amount of the Salary so appoin ed to any Curate in all Courts of Law or Equity; and in case ans Difference shall arise between any Rector or Vical or Person holding any benefice, and his Curate, touching such Supend or Allowance, or the Payment thereof, or of the Arrears thereof, the Bishop on Complaint to him made, may and shall summarily hear and determine the same; and in case of wiltul Neglect or Refusal to pay such Stipend, Salary, or Allowance, or the Arrears thereof, he shall be and is hereby empowered to proceed by Monition and Sequestration to sequester the Profts of the Benefice for and until Payment of such Supend or Allowance or the Arrears thereo: Provided always, that the Cura e obtaining any such Licence shall pay to the Secretary or Officer of the Bishop the Sum of One Pound, exclusive of any Stamp Dury which may be chargeable thereon; which said Sum of One Pound shall be in Remuneration of all and every Fee or Fees now demandable by the said Secretary or Officer for obtaining such Licence, or for the Signature of any Declaration by the said Curate in consequence of such Licence, or of any Certifi cate of such Curate having signed such Declaration; and provided also, that from and after the passing of this Act, as often as any Pergon shall be licensed to Two or more Curacies within the same Diocese at one and the same Time, it shall be sufficient for such i'erson to sign One Declaration only, appointed to be signed by an Act intituled An Act of Uniformity; and also that it shall be sufficient for such Ferson to produce One Certificate only of his having so signed such Declaration before the Bishop of the Diocese

Stipends to Cu rates of lucu bents before July

20. 1813, not to excred certain Rates, except in Cases of Neglect

The Salaries payable to Curates, to

be un proportion to the Value and Population of the

Beneâces.

LIV. And be it further enacted, That it shall be lawful for the Bishop to appoint for the Curate any Stipend or Allowance not exceeding Seventy-five Pounds per annum, and also the Use of the House of Residence, with the Gardens and Stables belonging thereto, or a further Sum of Fisteen Pounds in lieu of the Use of the Rectory or Vicarage House, or other Houses of Residence, in case there shal be no House, or it shall not appear to the bishop convenient to allot or assign the House to the Curate, in respect of any Benefice to which the Spiritual Person holding the same was instituted or appointed before the Twentieth Day of July One Thousand Eight Hundred and Thirteen; but it shall not be lawful for the Bishop to assign any greater Stipend or Allowance than aforesaid, in respect of any such Benefice, during the Incumbency of any such Spiritus Persons as aforesaid, unless with the Consent of the Spiritual Person holding the Benefice, or in case of Neglect to appoint or to nominate to the Bishop a proper Curate.

LV. And be it further enacted, That in every Case in which any Spiritual Person shall have been, after the Twentieth Day of July One Thousand Eight Hundred and Thirteen, or shall hereafter be instituted or inducted, or nominated or appointed to, or otherwise become Incumbent or possessed of any Benefice, and shall not daly reside thereon, 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 or Vicarage, or other usual House of Residence belonging to the same, the Bishop shall appoint for the Curate licensed to serve such Benefice of such nonresident Incumbent or Person as aforesaid, in his Absence, such Salary as is herein-after next mentioned; (that is to say), such Salary shall in no Case be less than Eighty Pounds per Aunum, or than the Annual Value of the Benelice, if the gross Value thereof shall not amount to Eighty Pounds per Annum; and such Salary shall not be less than One Hundred Pounds per Annum, or than the whole Valee as aforesaid, if the said Value shall not amount to One Hundred

Pounds per Annum in any Parish or Place where the Population, ac- 500, 171, 9, 99%, cording to the Returns then last made in pursuance of any Act of Acts of Parliament, shall amount to or exceed Three Hundred Per sons; and such Salary shall not be less than One Hundred and Twenty Pounds per Annum, or the whole Value as aforesaid, if the said Value shall not amount to One Hundred and Twenty Pounds per innum, in any Parish or Place where the Population shall appear as aforesaid to amount to or to exceed Five Hundred Persons; and such Salary shall not be less than One Hundred and Fifty Pounds per Annum, or than the whole Value as aforesaid, if the said Value shall not amount to One Hundred and Fifty Pounds per Annum, in any Parish or Place where the Population shall appear as atoresaid to amount to or to exceed One Thousand Persons: Provided always, that the annual Value of all Benefices of which the Value, estimated as is herein provided, does not amount to One Hundred and Fifty Pounds per annum, shall be estimated from the Returns made by the Bishops of the several Dioceses to the Governors of Queen ANNE'S Bounty; or from any future Returns which may be made by the said Bishops to the said Governors respecting Parishes or Places omitted in the said Returns; or respecting Parishes or Places in the actual Income of which it shall be made appear to the Bishops that any considerable Variation has taken place, either by Augmentation made by the said Governors or otherwise.

LVI. And be it further enacted, That in any Parish or Place where it shall appear to the Satisfaction of the Bishop that the actual annual Income of the Benefice, clear of all Deductions, exceeds the Sum of Four Hundred Pounds per Annum, it shall be lawful for the Bishop to a sign to the Curate of such Parish or Place, being resident within the same, and serving no other Cure, a Salary or Allowance of One Hundred Pounds per Annum, notwithstanding the Population of such Parish or Place may not appear as aforesaid to amount to Three Hundred Persons; and that in any Parish or Place where the actual Annual Income shall appear to exceed Four Hundred Pounds as aforesaid, and where the Population shall also appear as aforesaid to amount to or exceed Five Hundred Persons, it shall be lawful for the Bishop to assign to the Curate of such Parish or Place, being resident within the same, and serving no other Cure, any larger Stipend or Allowance, so that the same shall not exceed by more than Fifty Pounds per Annum the Amount of the Stipend of Allowance herein-before respectively required to be assigned to any such Curate. LVII And be it further enacted, That in every Case in which it shall be made out to the Satisfaction of the Bishop of any Diocese, that any Spiritual Person holding any Benefice is or has become nonresident or incapable of performing the Duties thereof from Age, Sickness, or other unavoidable Cause, and that from these or from any other special and peculiar Circumstances of the Case great Hardship or Inconvenience would arise if the full Amount of Salary specified in this Act should be allowed to the Curate, then and in such Case it shall be lawful for such Bishop to assign to the Curate any such Salary less than the said full Amount in this Act specified, as shall under all the Circumstances appear to him just and reasonable: Provided always, that in the Licence granted in every such Case it shall be stated, that for special Reasons the Bishop hath not thought proper to assign to the Corate the full Amount of Salary allowed or required to be assigned by this Act: Provided also, that such special Reasons shall be entered fully and at large in a separate Book to kept for that Purpose, and to be deposited in the Registry of the Diocese, which Book shall not be open to Inspection unless with the Leave of the Bishop or by other proper Authority, as in the Cases of Applicaion for Licences for Non-residence.

Where the Benafice exceeds $0. be made to Curace of 1001 per Aus num, &c.

au Alowance may

Smaller Salaries to

be allowed to Curates bu

57 Geo. III. c.99.

Salary of Curate

eugared to serve interchangeably at

different Faces be

louging to the Same Incumbent.

Suntual Persons

tuanTwo Churches in Que Day, ex cept

Cazes and wh

special Licence for that Purpose from the Bishop's

LVIII. And be it further enacted, That if any Incumbent of Two or more Benefices, residing bona fide, in different Proportions of each and every Year, on some or one other of -uch Benefices, the fall Period specified by this Act, shall employ a Curate to perform Ecclesiastical Duty interchangeably from Time to Time upon such of the Benefices from which he shall be absent during his own actual Residence upon any other thereof, then and in such Case it shall be lawful for the Bishop to assign to any such Curate any Salary not exceeding such Salary as would be allowed under this Act for the largest of such Benefices, nor less than would be allowed for the smallest, as to the Bishop shall under all the Circumstances appear just and reasonable: Provided always, that if any such Incumbent shall em ploy a Curate or Curates for the whole Year upon each or any of such Benefices, such Incumbent so residing bona fide as aforesaid, then and in such Case it shall be lawful for the Bishop to assign to either or each of such Curates any such Salary less than the Amoqui specified in this Act, as he shall think fit.

LIX. And be it further enacted, That from and after the passing Lot to serve more of this Act no Spiritual Person shall serve more than Two Churches in One Day, or Two Chapels, or One Church and One Chapel, in One Day, unless from the local Situation of the Churches or Chapels, or from the Value of the Benefices to which they belong, or other special Causes, it may in the Judgment of the Bishop be expedient or necessary, for the Performance of Ecclesiastical Duties in such Places, to grant Licence to any Spiritual Person to serve Three Churches or Chapels, then and in such Case it shall be lawful for the Bishop to grant such Licence to any Spiritual Person to serve Three Churches or Chapels, not being distant from each other more than Four measured Miles: Provided always, that in every such Case the 49 Reasons for granting such Licence shall be stated by the Bishop in the Licence granted for serving the Third of such Churches or Chapels held by such Spiritual Persons, and such Licence shall not be valid or effectual unless the Reasons for granting the same are inserted Atherein as aforesaid: Provided always, that the Residence of such Corate or Spiritual Person shall be so placed as that it shall not be necessary for him to travel more than Sixteen measured Miles in One Day for the Performance of the Duties of such Churches or Chapels. LX. And be it further enacted, That in every such Case where any Bishop shall find it necessary or expedient, for the obtaining any proper Performance of Ecclesiastical Duties, to license any Personholding any Benefice to serve as Curate of any adjoining or other Parish or Place, it shall be lawful for such Bishop to appoint, for such Spiritual Person so licensed, a Salary less by a Sum not exceed ing Thirty Pounds per Annum than the Salary which in the several Cases in this Act specified the Bishop is required to assign and appoint; and in every Case where the Bishop shall find it necessary or expedi ent as aforesaid to license one and the same Person to serve as Curate for more than one Parish or Place, it shall be lawful for such Bishop to direct, that during such Time as such Curate shall serve such Churches or Chapels, the Salary to be received by him for serving each of the said Churches or Chapels shall be less by a Sum not ex-. ceeding Thirty Pounds per Annum than the Salary which in the seve Tal Cases herein-before mentioned the Bishop is required by this Act to assign and appoint.

How the Salaries

shall be adjusted permitted to serve in an adjoin

where the Curate

Ang Parish.

Aursement, for Sato Cuates this Act, void.

LXI. And be it further enacted, That all Agreements and Contracts made or to be made between P'ersons holding Benefices and their Corates, in Frand or Derogation of the Provisions of this Act, and all Agreements and Contracts whereby any Curate shall undertake or in any Manner bind himself to accept or be content with any

B

Stipend or Salary less than that which shall be stated to be allowed 57 Geo. III, c. 99. in any Licence of such Curate, shall be void to all Intent, and Purposes in the Law whatsoever, and shall not be set up, pleaded, or given in Evidence in any Court of Law or Equity; and notwithstand ing the Payment and Acceptance, in pursuance of any such Contract or Agreement, of any Sum less than the Sum specified in the Licence of such Curate, or any Receipt, Discharge, or Acquittance that may be given in Cases of such Payment and Acceptance, the Curate or bis personal Representatives shall be and remain entitled to the full Amount of what shall remain unpaid of the Stipend, Salary, or Allowance specified in his Licence; and the Payment of what shall so remain unpaid shall, together with Treble Costs of recovering the same, be enforced by Monition, on Proof of what shall so remain unpaid to the Satisfaction of the Bishop, and by Sequestration of Profits of the Benefice, to be issued by the Bishop for that Purpose: Provided that the Application of the Curate shall in every such Case be made to the Bishop within Twelve Months after he shall have quitted his Curacy, or by the Representative of any Curate within Twelve Months after his Death; and provided also, that no Sequestration shall by virtue of this Act, affect the Profits of any Benefice beyond the Time during which the Benefice shall be held by the Person liable to make the Payment in respect of which such Profits shall be sequestered

LXII And be it further enacted, That in every Case in which any Bishop shall appoint for any Curate a Salary equal to the whole annual Valde of such Benefice, such Salary shall be subject to Deduction in respect of all such Charges and Outgoings as may legally affect the Value of such Benefice, and to any Loss or Diminution which may lessen such Value, without the wilful Default or Neglect of the Spiritual Person holding the Benefice..

I.XIII. And be it further enacted, That it shall be lawful for the Bishop, upon the Application of any Rector, Vicar, or Spiritual Person holding any Benefice, the whole Profit or Income of which shall have been allotted to the Curate, to allow such Rector, Vicar, or Spiritual Person to deduct and retain therefrom, in any or each Year, so much Money, not exceeding in any Case One-fourth Part of such Profits or Income, or of the Salary assigned to the Curate, as shall have been actually laid out and expended during the Year in the Repair of the Chancel, Parsonage, Vicarage, or other House of Residence, and Premises and Appurtenances thereto belonging, in respect of which such Rector, Vicar, or Person as aforesaid, or his Executors. Administrators, or Assigns, would be liable for Dilapidations to the Successors; and it shall also be lawful for the Bishop, in like Manner, to allow any Rector, Vicar, or Spiritual Persan aforesaid, having or holding any Benefice the Profits or Income, of which shall not exceed One Hundred and Fifty Pounds per Annum, to deduct and retain from the Salary allotted the Curate, in each or any Year, so much Money as shall have been actually laid out and expended in such Repairs as aforesaid over and above the Amount of the Surplus remaining of such Profits or Income after Payment of the Salary allotted to the Curate, so that the Sum so deducted, after laying out such Surplus, shall not in any Year exceed One-fourth Part of the Salary allotted to the Curate.

LXIV And be it further enacted, That it shall be lawful for the Bishop who shall grant any Licence to any Curate to serve any Church or Chapel where the Rector or Vicar or Persou holding any Benefice is not resident for Four Months in each Year, to allot, if he shall think fit, for the Residence of such Curate, the Parsonage or Vicarage House, or usual House of Residence of the Prison holding

Curate's Salary. if of the Value of

the Benefice shall be liable to certain Charges.

The Bishop to al

The Rish Rector. & to deduct from Curtes salary, for ed Amount, in cerain Cases.

Repairs. to a limite

Cura'es may he directed to reside

in the Parsonage House, in case of on esidence of

Incumbents.

Goo. III. c. 99. the Benefice, with the Offices, Stables, Gardens, and Appurtenances thereto belonging, if there shall be any such House of Residence be longing thereto, or any Part or Parts thereof, during the Time o such Curate's serving the Care, or during the Non-residence of such Rector or Vicar or Spiritual Person; and it shall be lawful for the Bishop assigning any such House or Residence to any Curate, to sequester the Profits of the Benefice to which the House shall belong in any Case in which Possession shall not be given up to the Curate and until such Possession shall be given, and to apply or direct the Application of the Profits arising from such Sequestration, or to re mit the same or any Part thereof, as the Bishop shall in his Discre tion think fit

Curates to pav Taxes of Parsonage

LXV And be it further enacted, That in every Case where the Houses in certain Bishop shall appoint, for the Curate licensed to serve any Benefice a Salary not less than the whole gross Annual Value of the same, and shall, in addition to such Salary, direct that such Curate shall reside in the Parsonage or Vicarage House, or usual House of Residence of the Spiritual Person holding such Benefice, such Curate shall be liable, during his serving such Cure, to the same Taxes and Parochia Rates and Assessments, in respect of such House and the Appen dages thereof of which he may so be in Occupation, as if he had been instituted or inducted or nominated or appointed to the said Benefice

Bishop may direct LXVI. And be it further enacted, That it shall be lawful for the Curate to give the Bishop at any Time, upon Three Months Notice in Writing, te up Possession of direct any such Curate to deliver op any such Parsonage or Vicarag Parspange. House or usual House of Residence, and the Offices, Stables, Ga dens, and Appurtenances thereto belonging, and such Curate shall thereupon peaceably deliver up the Possession of the said Premises pursuant to such Notice; and in case any such Curate shall refuse t deliver up such Premises, he shall forfeit and pay to the Rector of Vicar, or Spiritual Person holding the Benefice, the Sum of Fort Shillings for every Day of such wrongful Possession, to be recovere by such Rector or Vicar or Spiritual Person by Action of Debt in any Court of Record at Westminster, as any Penalties may be recovered for Non-residence under this Act.

Rector, &c. shall

at dispossess Cuut Order of the Bishop, and Three

rate of House with

Months Notice to
Curate:

Curate to quit in Gae Month after institution to a Benefice,

vacant

Lic.

Curate not to quit

kim without Three Months Notice to

the Incumbent and Bishop, under

LXVII And be it further enacted, That it shall not be lawf for the Rector or Vicar or other Person holding any Benefice, in an Case in which the Parsonage or Vicarage, or usual House of Resi dence shall have been assigned to the Curate as a Residence, to dis possess such Curate, or take Possession thereof, until the Permission of the Bishop shall have been given in Writing for that Purpose, and Three Months Notice of such his Intention to the Curate, who shall thereupon quit the same according to such Notice; and every Curate Who shall reside in the House of Residence of any Benefice which shall become vacant, shall quit such House of Residence within Three Months after such Institution or Appointment of any Spiritual Person thereto, upon being required so to do by the Spiritual Person institu ted or appointed, and having One Month's previous Notice at the least given to him to quit such House of Residence.

LXVIII. And be it further enacted, That no Curate shall qui Curacy assigned any Benefice to which he shall be licensed, until after Three Months Notice of his Intention to quit given to the Person holding such Be nefice, and to the Bishop of the Diocese, unless with the Consent of the Bishop of the Diocese, upon Pain of forfeiting to the Spiritual Person holding the Benefice a Sum not exceeding the Amount of his Stipend for Six Months, at the Discretion of the Bishop, which Sum may in such Case be retained out of the Stipend, if the same or any Part thereof shall remain unpaid; or if the same cannot be retained

ce: talu Penalty.