the church of or chapel of as the case may be]; that he has not any cathedral preferment, nor any benefice [if otherwise, specify what preferment or benefice he holds].

That the net annual value of your petitioner's said benefice, estimated according to the act 1 & 2 Victoria, c. 106, sects. 8 and 10, is, and the population thereof, according to the last returns of population made under the authority of parliament, is

That there is one church and one chapel [state the real fact] upon the said benefice; that the house of residence of the said benefice, and the buildings and fences belonging thereto [if any] are in good repair and condition; and that your petitioner was admitted to the said benefice on the in the year of our Lord 18-.

Witness his hand, this day of, 18-. S

day of

[Add signature and address.]

AS to PETITIONS for Licences for Non-residence, on Grounds not enumerated.

By the 44th sect. 1 & 2 Vict. c. 106, it is enacted as follows:

not enu

bishops

may grant

reside out

subject to

"And be it enacted, That it shall be lawful for any In cases bishop, in any case not herein before enumerated, in merated, which such bishop shall think it expedient, to grant to any spiritual person holding any benefice within his licences to diocese a licence to reside out of the limits of such of limits of benefice: Provided always, that in every such case the benefice, nature and special circumstances thereof, and the reasons allowance that have induced such bishop to grant such licence, by the shall be forthwith transmitted to the archbishop of the bishop. province, who shall forthwith proceed therein as hereinafter provided in cases of appeal, and shall allow or disallow such licence in the whole or in part, or make any alteration therein, as to the period for which the same may have been granted, or otherwise; and no such licence shall be valid unless it shall have been so allowed by such archbishop, such allowance thereof being signified by the signing thereof by such archbishop Provided also, that it shall not be necessary in such licence to specify the cause of granting the same.”

tions for

for non

In case the incumbent of any benefice is desirous to Instruc. obtain a licence for non-residence, on special grounds petitions not enumerated, he must present a petition to the for licences bishop, in the same form as in a case enumerated, but residence, on grounds stating the special grounds (in the place of the enume- not enurated grounds) with precision. A licence of this de- merated. scription is not valid until allowed by the archbishop of the province under his hand: to obtain such allow

1 See note at the foot of p. 86 as to copy of licence being sent to churchwardens by the incumbent.

ance, it is necessary that the bishop should transmit the licence, when signed by him, to the archbishop, with a letter, stating the nature and special circumstances of the case, and the reasons which induced him to grant the licence. In such a licence it is not necessary to specify the cause of granting it.

penalties

three

months in

any one

less li

OBSERVATIONS as to Non-residence on a Benefice, showing when Penalties do, and when they do not, attach, under the Provisions of the Act 1 & 2 Victoria, c. 106.

Incumbent THE incumbent of a benefice is considered to be nonincurs resident, when absent for a period or periods exceeding by absence altogether three calendar months in any one year; and exceeding he is, in consequence of such absence, subject to the calendar penalties for non-residence, except under the following circumstances, viz. first, when he is absent under the year, un- authority of a licence from the bishop, and according censed by to the terms and conditions of such licence: secondly, the bishop; when, under the provisions of the act, he is exempted empted; from such penalties wholly or in part, according to the terms of such exemption, in virtue of some dignity or office which entitles him to such exemption [see the or legally List of Exemptions before set forth]: and thirdly, when another he is legally resident at some other benefice of which he may be possessed.

or ex

resident on

benefice

held by him.

Same penalties

The 32nd and 33rd sections of the act 1 & 2 Vict. c. 106, show what constitutes legal residence.

By the 41st section of the same act the penalties for as for non- non-residence attach where an incumbent not residing in glebe house neglects to repair the same after the

residence

incurred

by neglect

of bishop's bishop's monition.

monition to repair glebe house.

a copy of

statement

church

wardens,

him to the

It has been before observed, but it may be well to Incumbent repeat, that, by the 50th section of the act, it is re- totransmit quired, that a copy of every licence for non-residence, licence, or and a statement in writing of the grounds of exemption, of exempshall be transmitted by the spiritual person to whom tion, to the such licence shall have been granted, or who may be war exempted from residence, to the churchwardens or the to entitle chapelwardens of the parish or place to which the benefit same relates, within one month after the grant of such thereof respectively. licence, or of his taking advantage of such exemption, as the case may be; and if he neglects so to transmit a copy of such licence or statement of exemption he will lose all benefit of such licence; and until he shall have transmitted such statement he will not be entitled to the benefit of such exemption.

Annual

return by

council,

&c.

incum

ANNUAL Returns of Residence, by the Bishops, to the Queen in Council.

THE bishop of each diocese is required to make to bishops to her Majesty in council, on the 25th day of March in the privy every year, a return of the residence and non-residence concerning of incumbents of benefices in his diocese, for the preresidence, ceding year. To enable the bishops to do this, incumFull and bents of benefices are, by the 52nd section of the act, specific answers to required to transmit to the bishop full and specific be made by answers to questions (contained in the 1st schedule to the act, and which the bishops are to send to their clergy yearly, in the month of January), within three weeks after they shall receive the same from the bishop. The particular attention of incumbents to this requiattention sition is respectfully recommended; as it is obvious. gulation that it is impossible for the bishops to make their returns correctly and in due time, unless incumbents do send full and specific answers to the questions within the limited period of three weeks.

bonts.

Particular

to this re

recom

mended.