As to a licence to render a house not belonging to a bene. fice the legal house of residence. reside usual house, if unfit. INSTRUCTIONS as to a Petition to the Bishop for a Licence, where there is no House, or no fit House of Residence, on a Benefice, to permit the incumbent to reside in some fit and convenient House; which, during the Existence of such Licence, will be the legal House of Residence, and an Incumbent residing therein will be legally resident. Licence to By the 33rd section of the act 1 & 2 Vict. c. 106, it out of the is enacted, "That it shall be lawful for any bishop, upon application in writing by any spiritual person holding any benefice within his diocese whereon there shall be no house, or no fit house of residence, by licence under his hand and seal, to be registered in the registry of the diocese, which the registrar is hereby required to do, to permit such person to reside in some fit and convenient house, although not belonging to such benefice, such house to be particularly described and specified in such licence, and for a certain time to be therein also specified, not exceeding the period by this act limited, and from time to time as such bishop may think fit to renew such licence, and every such house shall be a legal house of residence for such specified time to all intents and purposes: Provided always, that no such licence shall be granted to such spiritual person to reside inany house, unless it be within three miles of the church or chapel of such benefice; nor in case such church or chapel be in any city, or market, or borough town, unless such house be within two miles of such church or chapel.” 6 By sect. 46, a licence for non-residence may be granted till the 31st December in the year next after the year in which it is granted. FORM of Application by an Incumbent for a Licence, under the foregoing section : Form of petition To the Right Reverend, Lord Bishop of Rector of SHOWETH, That your petitioner has no house of residence on his said benefice [or, no house on his said benefice fit for his residence, as the case may be]. That your petitioner resides in a fit and convenient house belonging to, situate at [here give an exact account of the situation, parish, &c., so as clearly to identify the house, in order that it may be properly described in the bishop's licence], which house is not distant' more than [three miles, or two miles, as the case may be] from the church of his said benefice, such distance being exactly Your petitioner humbly prays your lordship to grant a licence to permit your petitioner to reside in the said house, that it may, by virtue of such licence, be his legal house of residence to all intents and purposes. Witness his hand, this day of 18-. [Signature and address.] licence under the 33rd sect. 7 If the distance should exceed that prescribed by the 33rd sect. the incumbent may apply for a licence for non-residence, according to such of the forms hereinafter set forth as may apply to his case. Grounds for licences for non as to in INSTRUCTIONS as to a Petition to the Bishop for a Licence for Non-residence. A LICENCE may be granted, by virtue of the 40th section of the act 1 & 2 Vict. c. 106, to any incumbent residence of a benefice held by him before the 14th day of cumbents August, 1838, to be non-resident thereon, for any of the twenty-six reasons after mentioned, which are contained in the (repealed) act 57 Geo. III. c. 99, sect. 15. The following is a copy of the 40th section of the first-mentioned act : of bene fices before 14th August, 1838. Existing rights as to exemp tion, and licences preserved. Grounds "Provided always, that every spiritual person being in possession of any benefice, at the time of the passing this act, and entitled by the law previously in force to exemption from residence, or to apply for a licence for non-residence, shall, as to every such benefice, but not as to any after-taken benefice, be entitled to the same exemption from residence, and to the same capacity of applying for and obtaining a licence for non-residence, and to the same right of appeal, in case of refusal or revocation of a licence to which he was entitled before the time of the passing of this act; and every bishop and other person empowered before the passing of this act to grant a licence to such spiritual person, shall have the like power after the passing thereof, any thing herein-before contained to the contrary notwithstanding." The following is a list of the twenty-six reasons before referred to, arranged so as to be inserted in a petition to the bishop for a licence for non-residence; viz., On account of for licences 1. "The actual illness of your petitioner" [or, "petitioner's wife"]. where the incumbent was in pos session before 14th August, 1838. His actual infirmity of body" [or, "the actual infirmity of body of his wife"]. 8 By the 50th sect. the incumbent must within one month after the grant of a licence send a copy to the churchwardens; until this is done the licence will have no effect. LIST (continued) of grounds for Licences for non-residence where the incumbent was in possession before 14th August, 1838. 1. (continued.) "The actual illness, or the actual infirmity of body of his son [or, daughter], making part of and residing with him as his family."-In either of the foregoing cases a medical certificate will be required. 2. "There being no house of residence." 3. "The house of residence being unfit for his residence, such unfitness not being occasioned by his negligence, default, or other misconduct, and your petitioner undertaking to keep such house of residence in repair to the satisfaction of your lordship." When application is made for a licence for the 3rd reason, a certificate by two neighbouring incumbents, in the following form, must be annexed to the petition : We, whose names are under-written, do hereby certify your lordship, that we have lately examined the house of in the county of -, and we find it totally unfit for the residence of the incumbent in consequence of [specify cause], and that to the best of our belief such unfitness has not been occasioned by the Rev., the present incumbent; and further, that the said house and offices belonging thereto are in good and sufficient repair and condition. Witness our hands, the day of 18-. C. D., rector of 4. "His occupying in the parish of his said benefice a mansion or messuage, and his keeping the house of residence, and other buildings belonging thereto, in good and sufficient repair and condition." When application is made for a licence for the 4th reason, a certificate by two neighbouring incumbents, in the following form, must be annexed to the petition : Lord Bishop of To the Right Rev. We, whose names are under-written, do hereby certify your lordship that we have lately examined the house of in the county of and the buildings belonging thereto, and we found the same to be in good and sufficient repair and condition. Witness our hands, the day of - 18-. G. H., rector of I. K., vicar of LIST (continued) of grounds for licences for non-residence where the incumbent was in possession before 14th August, 1838. 5. "His said benefice being of small value, and his serving as licensed stipendiary curate at · -, and having provided for the service of his said benefice to your lordship's satisfaction." 6. "His being the duly licensed master [or, duly licensed usher] of the endowed school of and actually employed in teaching therein." 7. "His being master or preacher of the hospital, or incorporated charitable foundation of -." Note.-The application for a licence on the last-mentioned ground must state whether the petitioner constantly resides and performs the duties, or not; as a licence on this ground can only be granted "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 the duties therein." 8. "His being licensed by the bishop of —, and performing and executing the duties as endowed lecturer of chaplain of the endowed chapelry of of the endowed preachership of ].” [or, as or, as preacher 9. "His said benefice being of small value, and his serving as preacher in the proprietary chapel of, in the city [or, town] of - licensed thereto by the bishop of 10. "His being chaplain of her Majesty's garrison of 11. " 12. " hurst." of the Royal Military Asylum at Chelsea." of the Royal Military College at Sand 13. "His being teacher of the Royal Military Academy at Wool wich." 14. "His being chaplain at the Royal Hospital at Greenwich." |