FORM of bishop's permission to an incumbent to give his curate notice to quit curacy, or give up possession of house of residence. (Applicable to Notice No. 2 only.) 1,-, Lord Bishop of , do hereby, on the ap- Form of bishop's bent to give plication of A. B., clerk, rector of, in the county permission of and my diocese of signify my permission to incumfor him to require and direct E. F., clerk, his licensed curate at aforesaid, to quit and give up the said notice. curacy [the following to be added where applicable-and to deliver up possession of the rectory house of aforesaid, and the offices, outhouses, gardens, and appurtenances thereto belonging, and (if any) such part of the glebe land as has been assigned to the said E. F. as such curate] upon six calendar months' notice thereof being given to such curate. Given under my hand this day of 18-. The notice No. 1 applies only to an incumbent newly as to admitted to a benefice, and must be given within six notice months after such admission. No. 1. The notice No. 2 applies to every other case of an No. 2. incumbent requiring his curate to quit the curacy. The permission of the bishop is required only in the latter case. as to due service of The 112th section contains directions as to the mode Directious in which the notice is to be served; and it directs that "it shall be served personally upon the spiritual person notice. therein named or to whom it shall be directed, by showing the original to him and leaving with him a true copy thereof, or, in case such spiritual person cannot be found, by leaving a true copy thereof at his usual or last known place of residence, and by affixing another copy thereof upon the church door of the parish in Legal as sistance as which such place of residence shall be situate." The notice must immediately after the service thereof be returned into the Consistorial Court (or the Court of Peculiars, in the case of an archbishop's or bishop's peculiar-see sect. 108), and be there filed, together with an affidavit of the time and manner in which the same shall have been served. As very great care must be taken strictly to comply to notices with the requisitions of the act in regard to notices, incumbents are recommended, if in doubt, to avail themselves of legal assistance. recom mended. As to incum Stipends payable to Curates. The stipends to be paid to curates by non-resident stipends incumbents must be in strict conformity with the direcpayable to curates by tions of the act of parliament 1 & 2 Victoria, c. 106. Where incumbents of benefices were instituted before stituted, July 20, 1813, a greater stipend than £75 per annum 20th July, cannot be enforced, but the bishop may add to that sum £15 in lieu of a house. bents in &c. before 1813. Scale of stipends to bents insti. tuted, &c. after the 20th July, 1813. The stipends to be assigned to the curates of nonresident incumbents admitted to benefices after the above date, are to be according to the following scale, prescribed by the 85th section : The stipend is in no case to be less than £80 per annum, or than the annual value of the benefice, if such value shall not amount to £80. If the population amounts to 300, the stipend is to be not less than £100 per annum. If the population amounts to 500, the stipend is to be not less than £120 per annum. If the population amounts to 750, the stipend is to be not less than £135 per annum. If the population amounts to 1000, the stipend is to be not less than £150 per annum. If the value per annum shall not amount to the said respective sums, the stipend is not to be less than the whole value; subject however to deduction (see sects. 91, 92). Where the annual value of a benefice shall exceed Larger stipends in £400, the bishop may (by sect. 86) assign to the curate, certain resident within the same and serving no other cases. cure, a stipend of £100, though the population may not amount to 300 persons; and where the annual value shall exceed £400, and the population shall amount to 500 persons, the bishop may assign to the curate, resident within the same and serving no other cure, any larger stipend, so that the same shall not exceed by more than £50 per annum the stipend required to be assigned to the curate. Where the population exceeds 2000, the bishop may If popula(by sect. 86) require the incumbent to nominate two tion above 2000, bicurates, with stipends not exceeding together the shop may highest rate of stipend allowed to one curate. require nomination of two curates. The bishop, with con Incumbents who have become incapable of performing their duties from age, sickness, or other unavoidable cause (and to whom, from these or from any other currence of archbishop, special and peculiar circumstances, great hardship would may assign arise, if they were required to pay the full stipend), may smaller (by sect. 87) be relieved by the bishop, with the consent of the archbishop of the province. stipends. A less may be assigned, if The bishop may (by sect. 89) direct that the stipend stipend to a curate licensed to serve two parishes or places shall be less for each by a sum not exceeding £30 per annum than the full stipend. curate serves another parish. Agree All agreements for payment of a less stipend than that assigned by the licence are (by sect. 90) declared ments to pay less to be void; and if less be paid, the remainder may be stipends afterwards recovered by the curate or his representatives. than expressed in licences, to be void. Curates to pay taxes and rates of residence house in cases; and cases, bi When a stipend, equal to the whole value of a benefice, is assigned to the curate, he is (by sect. 91) to be liable to all charges and out-goings legally affecting the benefice and (by sect. 94) when such a stipend as last certain mentioned is assigned, and the curate is directed to rein all other side in the glebe-house, he is to be liable to the taxes, shop may parochial rates, and assessments of the glebe-house and order sums premises; but in every other case in which the curate paid for the same by shall so reside by such direction, the bishop may, if he the curate shall think fit, order that the incumbent shall to be paid the pay by the in- curate all or any part of such sums as he may have been required to pay, and shall have paid, within one year, ending at Michaelmas-day next preceding the date of such order for any such taxes, parochial rates, or assessments as should become due at time after the passing of the act. cumbent. Payment of curate's stipend by any Where incumbent is a lunatic, the committee is to committee pay the curate's stipend (see sect. 79). of a lunatic. Sequestrator to pay to curate the stipend assigned of curate's to him by the bishop (see sect. 99). Payment stipends by Sequestrator to sequestra pay to the curate, during the vacancy of a benefice, the tors. stipend ordered by the bishop (see sect. 100). For more full par For more full particulars as to curates, their stipends and allowances, appointment of curates, their residence, to curates, revocation of their licences, &c. &c., see the act 1 & 2 ticulars as refer to Vict. c. act 1 & 2 Victoria, c. 106, from sect. 75 to 102, both inclusive. The act is set forth in the Appendix, as is also a copious sect. 75 to index of reference to the several provisions of the said 106, from 102, and to index to the act. act. INSTRUCTIONS for obtaining a Licence to a THE following papers are to be sent to the secretary : 1. A CERTIFICATE of his having been duly elected Certificate to the office, or an appointment under the hand and of election. seal of the person or persons having power to appoint; on the face of which instrument it should be shown by whom and in what manner the office had been vacated. of incum 2. A CERTIFICATE, signed by the incumbent of the Certificate church, of his consent to the election or appointment; bent's conunless the same is rendered unnecessary by some act of sent. parliament, or otherwise. 3. LETTERS of Orders, Deacon and Priest. Letters of orders. 4. LETTERS Testimonial, by three beneficed clergy- Testimomen. [See form No. 3. in Instructions as to Licence nial. to Stipendiary Curates; adding, "and moreover we "believe him in our consciences to be, as to his moral "conduct, a person worthy to be licensed to the said lectureship."] Before the licence is granted, the "Declaration of Assent," and the Declaration against Simony have to be made and subscribed, and the Oath of Allegiance and Supremacy and the Oath of Canonical Obedience to the bishop have to be taken. The following are the forms of the declarations and of the oaths:— I, A. B., about to be admitted and licensed to the DeclaraFriday evening Lectureship in the church of in , tion of assent. |