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Where Returns
fhall not be
made, or fhall not
be fatisfactory,
the Bishop may
order Refidence,
and if difobeyed
may fequefter

the Profits of

the Benefice, and direct the Application thereof.

Appeal againft Sequestrations may be made to the Archbishop.

Cafe where no fuch Return fhall be made, or where fuch Return fhall not state fuch Reasons as fhall be deerned fatisfactory by fuch Bifhop or Archbishop for the Non-refidence of the Spiritual Perfon to whom fuch Monition fhall have been fent as aforefaid, or where he fame or any of the Facts contained therein fhall not be fo verified on Oath as aforefaid, when the fame fhall have been required, then and in fuch Cafe it fhall be lawful for fuch Bifhop or Archbishop to iffue an Order in Writing under his Hand and Seal, to require fuch Perfon to proceed to and refide as aforefaid, within Thirty Days after fuch Order in Writing or a Copy thereof fhall have been de livered or left in like Manner as is herein-before required as to Monitions; and in cafe of Non-compliance it fhall be lawful for fuch Bifhop or Archbishop to fequefter the Profits of fuch Benefice, Donative, perpetual Curacy and parochial Chapelry of fuch Spiritual Perfon as aforefaid, until fuch Order fhall be complied with, or fuch fufficient Reasons for Non-refidence ftated and proved as aforefaid; and to direct by any Order to be made for that Purpofe under his Hand, the Application of fuch Profits after deducting the neceffary Expences of ferving the Cure, either in the Whole or in fuch Proportion as he fhall think fit, in the firft Place to the Payment of fuch reasonable Expences as fhall have been incurred in relation to fuch Monition and Sequeftration; and in the next Place towards the Augmentation or Improvement of any fuch Parfonage, Vicarage, Donative or perpetual Curacy, or the Houfe of Refidence thereof, or any of the Buildings or Appurtenances thereof, or towards the Improvement of any of the Glebe or Demefne Lands thereof; or may order or direct the fame or any Portion thereof to be paid to the Trustees and Commiffioners of the First Fruits payable out of Ecclefiaftical Benefices in that Part of the United Kingdom of Great Britain and Ireland called Ireland, to be applied for the Purpose of the Augmentation of the Funds vefted in the faid Trustees and Commiffioners; and it fhall alfo be lawful for fuch Bifhop or Archbishop, within Six Months after fuch Order for Sequeftration, or within Six Months after any Money fhall have been actually levied by fuch Sequeftration, to remit to any fuch Spiritual Perfon any Part or Proportion of fuch fequeftered Profits, or caufe the fame or any Part thereof that shall have been paid or directed to be paid to fuch Truftees and Commiffioners of the First Fruits, to be repaid to fuch Spiritual Perfon, which Repayment the faid Trustees and Commiffioners are hereby authorized and required, upon an Order under the Hand of any fuch Bifhop or Archbishop, to make, out of any Money then in their Hands, or if no Money fhall then be in their Hands, out of the next Money that fhall come to their Hands, in any Cafe in which by reafon of the fubfequent Obedience of any fuch Spiritual Perfon to any fuch Monition or Order, or the ftating and proving fuch fufficient Reafons as aforefaid, fuch Bifhop or Archbishop fhall think the fame proper: Provided always, that when any fuch Spiritual Perfon fhall think himself aggrieved by reafon of any fuch Sequeftration iffued by any Bishop it thall be lawful for any fuch Spiritual Perfon, within Thirty Days after the making any Order for any fuch Sequeftration, as aforefaid, and upon fuch Notice thereof to be ferved in like Manner as the Monition herein-before directed, to appeal to the Archbishop of the Province to which fuch Bishop fhall belong, who fhall forthwith, either by himself or fome Commiffioner

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Commiffioner or Commiffioners appointed from among the Bishops of his Province for that Purpose, under his Hand and Seal, make or caufe to be made due Inquiry into the fame, and make fuch Order therein or relating thereto, or to the Profits that fhall be fo fequeftered as aforefaid, for the Return to fuch Spiritual Perfon of the fame or any Part thereof, or otherwife as fhall, under all the Circumftances of the Cafe, appear to fuch Archbishop (after fuch Inquiry made by himself or by his Commiffioner or Commiffioners, and in the latter Cafe after the Subftance of such Inquiry fhall have been returned in Writing to the faid Archbishop) to be juft and proper: Provided Appellant fha always, that the Party fo appealing fhall give Security to the Bishop give Security. for the Payment of fuch reasonable Expences occafioned by the Appeal, as the Archbishop or his Commiffioner or Commiffioners fhall award: Provided always, that no fuch Order for any Sequeftration fhall be put in force during fuch Appeal as aforefaid, and until the fame fhall be determined.

II. Provided alfo, and be it further enacted, That every Spiritual Perfon to whom any fuch Monition or Order in Writing fhall be fent as aforefaid under this Act, who fhall at the Time of iffuing thereof be abfent from Refidence in or upon his Benefice, his Donative, perpetual Curacy or parochial Chapelry, contrary to the Provifions of this Act, but who fhall in obedience to fuch Monition or Order forthwith return to due Refidence, and the Profits of whofe Benefice, Donative, perpetual Curacy or parochial Chapelry, fhall by reafon of fuch Return not be fequeftered, fhall nevertheiefs pay all Cofts, Charges, and Expences incurred by reafon of the iffuing and ferving fuch Monition or Order; and if fuch Cofts, Charges, and Expences fhall remain unpaid for the Period of Twenty Days after Demand thereof from the Perfon liable to the Payment thereof, or left in Writing at his ufual or laft Place of Abode, it fhall be lawful for fuch Archbishop or Bifhop refpectively, to cause the fame to be recovered by Sequeftration of the Profits of the Benefice, Donative, perpetual Curacy or parochial Chapelry of fuch Spiritual Perfon as aforefaid, which Sequeftration fuch Bifhop and Archbishop are respectively hereby empowered to iffue.

III. And, to the Intent effectually to enforce bona fide Refidence according to the Intent and Meaning of fuch Monitions and Orders as aforefaid;' be it further enacted, That if any Spiritual Perfon having no lawful Cause of Abfence from his Benefice, Donative, perpetual Curacy or parochial Chapelry, who after fuch Monition or Order as aforefaid requiring his Refidence, and before or after any fuch Sequeftration as aforefaid, fhall, in obedience to fuch Monition or Order, have begun to refide upon his Benefice, Donative, perpetual Curacy or parochial Chapelry, fhall afterwards and before the Expiration of Six Months next after the Commencement of fuch Refidence, in the Judgment of fuch Bifhop or Archbishop, and without his Leave, wilfully abfent himself for One Week from fuch Benefice, Donative, perpetual Curacy or parochial Chapelry, it fhall be lawful for fuch Bifhop or Archbishop, without iffuing any other Monition, or making any other Order, again to fequefter and apply the Profits of fuch Benefice, Donative, or perpetual Curacy as is before directed by this Act, for the Purpose of enforcing the Refidence of fuch Spiritual Perfon according to the true Intent of the original Monition iffued by fuch Bishop or Archbishop as afore

Perfons returning

to Refidence on

Monition fhall pay the Cofts: or fuffer Sequeftration.

If any Perfon returning to

Monition fhall before Six Months

thereafter abfent himfelt for One Week, the Bishop may, Morition, fequefter the Benefice.

without

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faid; and it fhall be lawful for the Archbishop or Bifhop fo to proceed in like Cafes from Time to Time as often as Occafion may require: Provided that in each and every of fuch Cafes fuch Spiritual Perfon fhall be entitled to appeal against fuch Sequeftration, in fuch Manner and upon fuch Terms as herein-before is and are mentioned touching Appeals refpecting Sequeftrations; but nevertheless the fame fhall be in force during fuch Appeal.

IV. And be it further enacted, That if any Spiritual Perfon fhall continue under any Sequeftration made under the Provifions of this Act, for Non-refidence for the Space of Three Years, or fhall under the Provifions of this Act incur Three Sequeftrations in the faid Space of Three Years, not being relieved with refpect to any of such Sequeftrations upon Appeal, the Benefice, Donative, perpetual Curacy or parochial Chapelry, in relation to Non-refidence upon which fuch Sequeftration fhall have been made, fhall become ipfo fado void, and the Patron entitled to prefent or nominate fome Clerk thereto, fhall prefent or nominate fome Clerk thereto other than the Clerk who fhall have fo continued under fuch Sequeftration or Sequeftrations, as if the fame had been avoided by the natural Death or Refignation of the Party.

V. And be it further enacted, That all Contracts and Agreements made after the paffing of this A&t for the letting of Houfes of Refidence, or the Buildings, Gardens, Orchards and Appurtenances neceflary for the convenient Occcupation of the fame, belonging to any Benefice, Donative, perpetual Curacy or parochial Chapelry (to which Houfes of Refidence any Spiritual Perfons fhall be required by Order of the Archbishop or Bifhop as aforefaid to proceed and to refide therein, a Copy of which Order fall immediately on the iffuing thereof be tranfmitted to One of the Churchwardens of the Parish, and be by him forthwith ferved on the Occupier of fuch House of Refidence or left at the fame, and which fuch Churchwarden is hereby required to ferve accordingly) fhall be null and void; and any Perfon continuing to hold any fuch Houfe of Refidence, or any fuch Building, Garden, Orchard or Premifes, after the Day on which the faid Spiritual Perfon fhall be directed by the faid Order to refide in fuch Houfe of Refidence, and after Service of fuch Copy as aforefaid, fhall forfeit the Sum of Forty Shillings for every Day he fhall, without the Permiflion of the Archbishop or Bifhop in Writing for that Purpose obtained, wilfully continue to hold any fuch Houfe, Building, Garden, Orchard or Premifes, to be recovered by Action of Debt, Bill, Plaint or Information, in any of His Majefty's Courts of Record at Dublin, wherein no Effoign, Privilege, Protection or Wager of Law, or more than One Imparlance fhall be allowed; and the Whole of every fuch Penalty or Forfeiture fhall go and be paid to the Perfon or Perfons who fhall inform and fue for the fame, together with fuch Cofts of Suit as fhall be allowed according to the Practice of the Court in which fuch Action fhall be brought: But in cafes of fuch Contract or Agreements made before the palling of this Act the Perfon holding and Occupying under any fuch Contract or Agreement, fhall not be liable to any Penalty or Forfeiture for Three Calendar Months, to be computed from the Service of the Copy of fuch Order of the Archbishop or Bifhop as aforefaid upon fuch Occupier, or at fuch Houfe of Refidence as aforefaid, and Sequeftration shall not iffue for Difobedience to the Order of the Arch

Incumbents not

liable to Penalties for Non

refidence during Occupation by

bishop or Bishop for Three Calendar Months, to be computed from the Service of the Copy of the faid Order, at the Expiration of which Time it fhall be lawful for the Archbishop or Bifhop to iffue Sequeftration, and from and after the Expiration of which Time the Party continuing to hold any fuch Houfe, Building, Garden, Orchard, Premifes or Appurtenances as aforesaid, fhall forfeit the Sum of Forty Shillings for every Day he fhall wilfully continue without fuch Permillion in Writing as aforefaid to hold the fame or any of them, to be recovered and applied in the like Manner as aforefaid. VI. Provided always, and be it further enacted, That no Spiritual Perfon fhall be liable to any Penalties under this or any former Act, for not refiding in-fuch Houfe of Refidence, during fuch Time as fuch Tenant fhall continue to occupy fuch Houle of Refidence and other Buildings neceffary to the Occupation of the fame. VII. And be it further enacted, That from and after the paffing of this Act all and every the Claufes, Provifions, Penalties and For- to all Dignities, feitures in this Act contained in relation to Refidence, or to any other Matters or Things relating thereto, fhall extend and be deemed Benefices, &c. and conftrued to extend to all Dignities, Prebends, Benefices, Donatives, perpetual Curacies, and all parochial Chapelries, exempt as well as not exempt, and all Peculiars, as fully and amply to all Intents and Purpofes as if the fame had been and were in this Act particularly mentioned and fpecified; any Thing in any Act or Acts, Law or Laws to the contrary thereof notwith landing.

"Archbishop, Bishop, and Archdeacon, within whofe refpective Pro"vinces, Diocefe, or Jurifdiétion any Benefice, &c. exempt, fhall be "locally fituate, fhall have the fame Powers as if fuch Benefice were "not exempt; and where any fuch Benefice, &c. fhall be fituate "in more than One Province, &c., or between the Limits of Two, "the Archbishop or Bifhop, to whofe Cathedral the Parish Church "fhall be neareft, fhall have the like Powers, &c. All Peculiars fhall "be fubject to the Archbishop or Bishop to whom they belong. § 8. "[Verbatim as § 39. of 43 Geo. 3. c. 84. refpecting the Refidence of the Clergy in England.'

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IX. Provided always, and be it further enacted, That nothing in this Act contained fhall extend or be construed to extend to alter or affect His Majefty's Royal Prerogative in granting of Difpenfations for Non-refidence upon Benefices, as the fame now exifts by Law. X. Provided always, and be it further enacted, That no Parfon age that hath a Vicar endowed or perpetual Curate, and having no Cure of Souls fhall be taken to be or be comprehended under the name of Benefice, within the true Intent and Meaning or for the Purposes of this Act.

XI. And be it further enacted, That nothing in this Act contained fhall extend or be conftrued to extend to exempt any Perfon or Per fons from any Canonical or Ecclefiaftical Cenfures, or affect any Proceedings that fall hereafter be inftituted in any Ecclefiaftical Court, in order to caufe the fame to be inflicted in relation to the Non-refidence of any Spiritual Perfon having or holding any Benefice, Do. native, perpetul Curacy or parochial Chapelry, not having any law ful Caufe of Abfence therefrom: Provided always, that from and after the paffing of this Act no fuch Cenfures by reafon of any Nonrefidence, not exceeding Three Months in any One Year, fhall be put

Tenants.

A fhall extend

Prebends,

Saving for the King's Prerogative in granting Difpenfations. Sinecure Livings exempted from this Act.

Act shall not exempt from Ecclefiaftical

Cenfares for
Non-refidence:
but no fnch
Cenfure fhall be
enforced for

lefs than Three
Months'
Non refidence;

Suit of the

Ordinary.

nor except at the in force; nor fhall any Proceedings be admitted in any Ecclefiaftical Court against any fuch Spiritual Perfon for fuch Non-refidence not exceeding Three Months in any One Year, at the Suit or Inftance of any Perfon or Perfons other than the Archbishop, Bishop, or Archdeacon only of the Diocese and Archdeaconry, within which fuch Benefice, Donative, perpetual Curacy or parochial Chapelry, in refpect whereof fuch Non-refidence fhall have taken place, thall be locally fituated; any Thing in any Law or Laws, or Ecclefiaftical Canon or Canons to the contrary thereof notwithstanding.

Exception for
Masters of
Hofpitals, and
certain other

Ecclefiaftical

Perfons.

Exemptions

Specified only allowed.

Archbishops and Bishops exempted.

Chaplains of
Peers,

and of

XII. Provided always, and be it further enacted, That nothing in this Act contained fhall extend or be conftrued to extend to or in any Manner to affect any Mafter or Preacher of Hofpitals or Incorporated Charitable Foundations, during the Period for which he may be required to refide by any Charter or Statute of any fuch Hofpital or Incorporated Charitable Foundation, or by any other lawful Authority, in the fame, and fhall actually refide and perform the duties therein; or the Chancellor or Vicar General, or Surrogate or Official in any Ecclefiaftical Court of any Diocefe, whilft they are refiding in the Places where their respective Offices are exercifed; or any Chaplain or Chaplains of the Lord Lieutenant or any other Chief Governor of that Part of the faid United Kingdom called Ireland, Provided, that every fuch Chaplain thall have a Certificate from the Lord Lieutenant or his Chief Secretary that he is refident in Dublin, or near the Perfon of the Lord Lieutenant, and is occupied by the Duty of his Office as fuch Chaplain; or the Provoft or Fellows of Trinity College Dublin, or any Profeffor or publick Officer in the University of Dublin, during the Period for which he may be required by reafon thereof to perform the Duties of any fuch Office, and actu ally fhall perform the Duties of the fame; or to any Schoolmaster of any School founded and endowed by His Majesty or any of His Royal Predeceffors, or to any Diocefan Schoolmafter, during fuch Time as fuch Schoolmaster fhall actually refide at fuch School and perform the Duties of a Schoolmaster therein.

XIII. Provided always, and be it further enacted, That nothing in this Act or in any former A&t fhall extend or be conftrued to extend to exempt from Refidence any Perfon on account of any Office or Employment whatever except as herein-before excepted.

XIV. And for the Purpose of removing all Doubts, be it further enacted, That no Archbishop or Bishop having or who fhall have any Dignity, Prebend, Benefice, Donative or perpetual Cure, shall, by reafon of Non-refidence upon the fame, be subject or liable to any Penalties or Forfeitures.

XV. Provided always, That nothing in this Act contained fhall be conftrued to affect any Privileges of the Peers of Ireland refpecting Chaplains.

XVI. Provided alfo, That nothing herein contained fhall be conArchbishops and ftrued to affect any Privileges of the Archbishops or Bishops of IreBithops. land refpecting Chaplains.

On or before

XVII. And be it further enacted, That on or before the Twenty25 March 1899, fifth Day of March One thoufand eight hundred and nine, and at and fo annually, the like Period in every fucceeding Year, a Return or Returns fhall be made to His Majefty in Council, by every Archbishop and Bishop of the Names of every Dignity, Probend, Benefice, Donative, perpetual Curacy, and parochial Chapelry, in their refpective Diocefes,

a Return fhall he made to the King in Council of

every Benefice,

or

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