57 Geo. III. c. 99. to any Benefice shall be transmitted by the Spiritual Person to whom the Licence is granted, to the Churchwardens of the Parish, Township, or Place to which the same relates, within One Month after the Grant of such Licence; and every Bishop revoking any Licence shall cause such Revocation to be transmitted to the Churchwardens of the Parish, Township, or Place to which it relates, which Copies shall be by them deposited in the Parish Chest; and every Registrar who shall neglect to enter the same shall forfeit for every Neglect of entering any such Licence or Revocation in any such List the Sum of Five Pounds, to be recovered by and for the Use of any Person who shall sue for the same, in like Manner as any Penalty may be recovered under the Provisions of this Act; and a Copy of every such Licence or Revocation shall likewise be produced by the Churchwarden, and at the first Visita publicly read by the Registrar or other Officer at the Visitation of the Ecclesiastical District within which the Benefice in respect whereof the Licence shall have been granted, or Revocation made, shall be locally situate, immediately next succeeding the granting or Revoca tion thereof. and publicly read tion. XXII. And be it further enacted, That every Archbishop who shall in his own Diocese grant any Licence, or who shall allow or approve, in Manner directed by this Act, any Licence or Licences in any Case or Cases not enumerated in this Act, shall annually on or before the Thirty-first Day of January in each Year transmit to His Majesty in Council a List of all such Licences so granted or allowed or approved respectively as aforesaid in the Year ending on the last Day of December preceding such Thirty-first Day of January, and shall in every such List specify the Reasons which have induced him to grant, allow, or approve the said Licences, together with the Reasons transmitted to him by the Bishops for granting any such Licences in their respective Dioceses; and it shall be lawful for his Ma jesty in Council, by an Order made for that Purpose, to revoke and annul any such Licence; and if His Majesty in Council shall think fit so to do, such Order shall be transmitted to the Archbishop who shall have granted or allowed or approved such Licence, who shall thereupon cause a Copy of every such Order, made in relation to any Licence so allowed or approved, to be transmitted to the Bishop of the Diocese in which such Licence shall have been granted; and such Bishop shall cause a Copy of the mandatory part of the Order to be filed in the Registry of such Diocese, and a like Copy to be delivered to the Churchwardens of the Parish to which the same relates, in Manner herein-before directed as to Revocation of Licences under this Act; and every such Archbishop shall cause a Copy of the mandatory Part of every such Order, made in relation to any such Licence as aforesaid granted by him in his own Diocese, to be in like Manner filed in the Registry of his Diocese, and a like Copy also to be delivered to the Churchwarden of the Parish to which such Licence shall relate, in Manner before mentioned: Provided always, that after such Licence shall have been so revoked by his Majesty in Council, the same shall nevertheless, in all Questions that shall have arisen or may thereafter arise touching the Non-residence of the Spiritual Person to whom the same shall have been granted, between the Period at which the same was granted or allowed or approved, and the Time at which the same shall be so revoked as aforesaid, be deemed and taken to be and to have been valid and effectual to all the Intents and Purposes of this Act. XXIII. And be it farther enacted, That on or before the Twenty-fifth Day of March in every Year a Return or Returns shall be made to His Majesty in Council, by every Bishop, of the Names of every Benefice within his Diocese, or subject to his Jurisdiction by virtue of this Act, and the Names of the several Spiritual Persons holding the same respectively who shall have resided, and also the Names of the several Spiritual Persons respectively who shall not have resided thereon by reason of any Exemption under or by virtue of this Act, or by reason of any Licence granted by such Bishop for any and what Cause enumerated by this Act, and also of all Spiritual Persons not having any such Exemption or Licence, who shall not have resided on their respective Benefices, so far as the Bishop is informed thereof; and also the Names of all Curates licenced to serve any Benefice on which the Incumbent is not resident, and whether the gross annual Value of such Benefice amounts to or exceeds Three Hundred Pounds per Annum or not, the Amount of the Curate's Salary, and the Place of his Residence; and every Spiritual Person who shall be non-resident in any Year subsequent to the passing of this Act, by reason of Residence on any other Benefice, or of any Exemption under this Act, and to entitle him to which it is not necessary to obtain any Licence under this Act, shall, within Six Weeks from and after the First Day of January in every following Year, notify the same in Writing under his Hand to the Bishop of the Diocese to whose Jurisdiction he is subject by this Act, or otherwise, in respect of such Benefice, specifying the Nature of such Exemption, and whether the gross annual Value of the Benefice on which he is non-resident amounts to or exceeds Three Hundred Pounds per Annum or not; and every Spiritual Person who shall have more than One Benefice, and who shall reside on one of them, or who shall reside during any Period of the Year on any Dignity, or in the Performance of the Duties of any Office in any Cathedral or Collegiate Church, or who shall be non-resident for any Period of the Year on account of any of the Causes of temporary Exemption specified in this Act, shall in like Manner, and within the like Period in each Year, notify the same. 57 Geo III. c. 99. every Benefice' sidents and Non residents, &c. with Names of Re Non-residents by Exemption without Licence shall yearly notify to the cese within a certain Period. Bishop of the Dio. Persons neglecting to notify Cause of feit 201. recover. tion; XXIV. And be it further enacted, That every Spiritual Person who shall neglect to make such Notification as by this Act is directed Exemption, to for within such Period of Six Weeks as aforesaid, shall forfeit and payable by Sequestra for every such Offence the Sum of Twenty Pounds, to be levied, by Order of the Bishop of the Diocese, by Sequestration, if not otherwise paid, after Monition to pay the same, out of the Profits of the Benefice in respect of which he shall neglect to make such Notification, by the Bishop of the Diocese to whom the Notification ought to be made, to be applied, as such Bishop may direct, to useful and with Power of Micharitable Purposes: Provided always, that it shall be lawful for such tigation or remit Bishop to remit or order the Repayment of any Part of any such Pe- ting by the Bishop nalty, in like Manner as is allowed by this Act in Cases of Non-compliance with an Order for Residence. XXV. And be it further enacted, That nothing in this Act contained shall extend or be construed to extend to exempt any Spiritual Person or Persons from any Canonical or Ecclesiastical Censures, or affect any Proceedings that shall hereafter be instituted in any Ecclesiastical Court in order to cause the same to be inflicted, in relation to the Non-residence of any Spiritual Person having or holding any Benefice, who shall not have obtained a Licence according to the Provisions of this Act to be Absent therefrom, nor have any other lawful Cause of Absence: Provided always, that no Proceeding be admitted in any Ecclesiastical Court against any Spiritual Person for Non-residence not exceeding Three Months in any One Year, at the Sait or Instance of any Person or Persons other than the Bishop only of the Diocese within which the Benefice in respect whereof such Non-residence shall have taken place shall be locally situated; any Thing in any Law or Laws, or Ecclesiastical Canon or Canons, to the contrary thereof notwithstanding. Act not to exempt Non residence without Licence; but no Censure for shall be in force, nor any Proceed ings be admitted, except at the Suit from Censure for Non-residence of the Bishop. 57 Geo. III. c. 99. Person does not issue a Montion. Returns to be which may be required to be upon made to Monitions Oath. XXVI. And be it further enacted, That in every Case in which If any unlicenced it shall appear to any such Bishop as aforesaid that any Spiritual Per sufficiently reide, son, having or holding any Benefice, and not being licenced according the Bishop may to this Act to be absent therefrom, nor having any lawful Cause of Absence from the same, does not sufficiently reside on the same res pectively, it shall be lawful for such Bishop to issue or cause to be issued a Monition to such Spiritual Person forthwith to proceed is and reside thereon, and perform the Duties thereof; and to make a Return to such Monition within a certain Number of Days after the issuing thereof, so as that in every such Case there shall be Thirty Days between the Time of delivering such Monition to such Spiritual Person, or leaving the same at his then usual or last Place of Abode, or if not there to be found, with the officiating Minister or one of the Churchwardens, and also a Copy thereof at the House of Residence (if any such there be) belonging to such Benefice, to which any such Spiritual Person shall be required by such Monition to proceed and reside thereon, and the Time specified in such Monition for the Return thereto; and a Copy of every such Monition shall immediately on the issuing thereof be filed in the Registry of such Bishop's Court, and shall be open for Inspection on the Payment of Three Shillings and no more; and the Spiritual Person to whom any such Monition shall be sent under this Act shall, within the Time specified for that Purpose, make a Return thereto into such Registry, to be there filed; and it shall be lawful for the Bishop to whom any such Return shall be made, to require such Return or any Fact contained therein to be verified by the Oath of such Spiritual Person or others, to be takea before soine Surrogate or Justice of the Peace, or Master Extraordinary in Chancery, which Oath any such Surrogate or Justice of the Peace, or Master Extraordinary in Chancery, is hereby authorized and required to administer, on Application being made for that Putpose; and in every Case where no such Return shall be made, or where such Return shall not state such Reasons as shall be deemed satisfactory by such Bishop for the Non-residence of the Spiritual Person to whom such Monition shall have been sent as aforesaid, or where the same or any of the Facts contained therein shall not be so verified as aforesaid when the same shall have been required, then and in such Case it shall be lawful for such Bishop to issue an Order in Writing under his Hand and Seal, to require such Person to proceed to and reside as aforesaid, within Thirty Days after such Order in Writing, or a Copy thereof shall have been delivered or left in like Manner as is herein-before required as to Monitions; and in case of Non-compliance, it shall be lawful for such Bishop to sequester the Profits of such Benefice of such Spiritual Person as aforesaid, until such Order shall be complied with, or such sufficient Reasons for Non-residence stated and proved as aforesaid; and to direct, by any Order to be made for that Purpose under his Hand, and filed as aforesaid, the Application of such Profits, after deducting the necessary Expences of serving the Cure, either in the whole or in such Proportion as he shall think fit, in the first Place, to the Payment of such reasonable Expences as shall have been incurred in relation to such Monition and Sequestration, and in the next Place towards the Aug. mentation or Improvement of any such Benefice, or the House of Residence thereof, or any of the Buildings and Appurtenances thereof, or towards the Improvement of any of the Glebe or Demesne Lauds thereof, or to order ad direct the same or any Proportion thereof to be paid to the Governors of the Bounty of Queen ANNE, for the Augmentation of the Maintenance of the poor Clergy, to be applied for the Purposes of such Augmentation as such Bishop shall in his Discretion under all Circumstances think fit and expedient; and it Where Return shall not be made, or shall not be sa tisfactory, Bishop dence, and if dis. obeyrd, my se. quester the Profits of the Benefice, may order Resi and direct an Ap plication of Pront. the questration Appeal against Se. he made to the Archbishop. shall also be lawful for any such Bishop, within Six Months after 57 Geo. III. c. 99. such Order for Sequestration, or within Six Months after any Money shall have been actually levied by such Sequestration, to remit to any such Spiritual Person any Part or Proportion of such sequestered Profits, or cause the same or any Part thereof that shall have been paid or directed to be paid to the Governors of Queen ANNE's Bounty to be repaid to such Spiritual Person, which Repayment the said Governors are hereby authorized and required, upon an Order under the Hand of any such Bishop, to make out of any Money then ia their Hands, or if no Money shall then be in their Hands, out of the next Money that shall come to their Hands, in any Case in which, by reason of the subsequent Obedience of any such Spiritual Person to any such Monition or Order, or the stating and proving such sufficient Reasons as aforesaid, such Bishop shall think the same proper: Provided always, that when any such Spiritual Person shall think himself aggrieved by reason of any such Sequestration issued by any Bishop, it shall be lawful for any such Spiritual Person, within One Month after the making any Order for any such Sequestration as aforesaid, to appeal to the Archbishop of the Province to which such Bishop shall belong, who shall forthwith, either by himself or some Com missioner or Commissioners appointed from among the Bishops of his Province for that Purpose under his Hand and Seal, make or cause to be made due Inquiry into the same, and make such Order therein or relating thereto, or to the Profits that shall be so sequestered as aforesaid, for the Return to such Spiritual Person of the same or any Part thereof, or otherwise, as shall under all the Circumstances of the Case appear to such Archbishop (after such Inquiry made by himself or by his Commissioner or Commissioners, and in the latter Case, after the Substance of such Inquiry shall have been returned in Writing to the said Archbishop) to be just and proper: Provided always, that the Party so appealing shall give Security to the Bishop Security for Pay Appellant to give for the Payment of such reasonable Expences occasioned by the Ap- mnt of the Expeal, as the Archbishop or his Commissioner or Commissioners shall pences. award: Provided also, that no such Order for any Sequestration shall be put in force during such Appeal as aforesaid, and until the same shall be determined. XXVII. And be it further enacted, That every Spiritual Person to whom any such Monition or Order in Writing shall be sent as aforesaid under this Act, who shall be at the Time of the issuing thereof absent from Residence in or upon his Benefice contrary to the Provisions of this Act, but who shall in obedience to such Monition or Order forthwith return to due Residence, and the Profits of whose Benefice shall by reason of such Retutn not be sequestered, shall nevertheless pay all Costs, Charges, and Expences incurred by reason of the issuing and serving such Monition or Order, to be levied as any Costs may be levied upon any Spiritual Person by any Bishop under any of the Provisions of this Act. XXVIII. And, to the Intent effectually to enforce bond fide Residence according to the Intent and Meaning of such Monition and Order as aforesaid, be it further enacted, That if any Spiritual Person not licenced under this Act to be absent from his Benefice, nor having other lawful Cause of Absence from the same, who, after any such Monition or Order as aforesaid requiring his Residence, and be fore or after any such Sequestration as aforesaid, shall in obedience to any such Monition or Order have begun to reside upon his Benefice, shall afterwards, and before the Expiration of Six Months next after the Commencemen of such Residence, without the Leave of such Bishop, wilfully in the Judgment of such Bishop absent himself from such Benefice, it shall be lawful for such Bishop, without issuing any return to Rest Persons who shalt dence on Monition shall pay Costs. the if any Person re turning to Rest dence on Monitica shall, before Sik Months thereafter absent himself the Bishop may, with out Monition, sa of the Benefice, quester the Profits Geo III. c. 99. other Monition or making any other Order, again to sequester and apply the Profits of such Benefice, as before directed by this Act, for the Purpose of enforcing the Residence of such Spiritual Person, aecording to the true Intent of the original Monition issued by such Bishop as aforesaid; and it shall be lawful for the Bishop so to preceed in like Cases from Time to Time as often as Occasion may require; provided that in each and every such Cases such Spiritual Person shall be entitled to appeal against such Sequestration, in such Manner and upon such Terms as herein-before is and are mentioned tonching Appeals respecting Sequestration, but nevertheless the same shall be in force during such Appeal. Bishops empower. Non-residence. Penalties, for the XXIX. And whereas it is expedient that Bishops should be emed to punish past powered summarily to punish past Non-residence, as well as to compel Residence in future; be it therefore enacted, That in all Cases in which any Spiritual Person shall have become subject to any Penalty or Forfeiture for any Non-residence, it shall be lawful for the Bishop within whose Diocese such Penalty or Forfeiture shall have arisen, to proceed against such Spiritual Person for such past Non-residence, and to levy the Penalties incurred thereby by Monition and Sequestra. ion, and to direct the Appication thereof in like Manner and subject to the same Regulations, and with like Powers of remitting or order. ing the Repayment of any Part of such Penalties, as is directed or allowed in Cases of Non-compliance with any Order for Residence. XXX. And be it further enacted, That in every Case in which any Archbishop or Bishop shall think proper, under all the Circumstances, after proceeding by Monition for the Recovery of any Penalty under this Act of more than One-third of the Value of any Benefice, for any Non-residence exceeding Six Months in the Year, to remit the Whole or any Part of any such Penalty, such Archbishop shall forthwith transmit to his Majesty in Council, and such Bishop shall transmit to the Archbishop of the Province to which he belongs, a List of such Cases as have occurred in his or their respective Dioceses, specifying the Nature and special Circumstances of each Case, and the Reasons for the said Remission, in the same Manner as is directed in relation to the Licences for Non-residence granted in non-enumerated Cases; and it shall thereupon be lawful for His Majesty in Council, or for the said Archbishop, as the Case may be, to allow or disallow such Remission in whole or in part, in the same Manner as is provided in this Act with relation to the Allowance or the Disallowance of Licences for Non-residence: Provided always, that the Decision of the said Archbishop, with respect to Cases transmitted to him from any such Bishop, shall be final. issued, may be remitted by the B shop; and special Returns made of the Reasons for such Remission. XXXI. And be it further enacted, That if the Benefice of any Spiritual Person shall continue for the Space of Two Years under any Sequestration made under the Provisions of this Act for Disobedience to the Bishop's Monition requiring such Spiritual Person to reside on his Benefice, or shall under the Provisions of this Act incur Three such Sequestratious in the said Space of Two Years, the Spiritual Person not being relieved with respect to any of such Sequestrations upon Appeal, the Benefice, in relation to Non-residence upon which such Sequestration shall have been made shall become ipso facto void; and the Bishop of the Diocese shall thereupon give Notice thereof to the Patron or Person entitled to present, who shall thereupon present or nominate some Clerk thereto other than the Spiritual Person whose Benefice shall have so continued under such Sequestration, or who shall have incurred such Sequestrations as aforesaid, as if the same had been avoided by the natural Death or Resignation of such Spiritual Person. |