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such residence as a legal residence on some benefice; provided that any spiritual person holding any prebend, canonry, or dignity in any cathedral or collegiate church in which the year for the purposes of residence is accounted to commence at any other period than the 1st of January, and who may keep the periods of residence required for two successive years, at such cathedral, &c. in whole or in part, between the 1st of January and 31st of December in any one year, may account such residence, though exceeding four months in the year, as reckoned from the 1st of January and 31st December in any one year, as if he had legally resided on some benefice.
By § 12. The bishop of the diocese in which any benefice is locally situate may license any longer period of non-residence thereon, of any prebendary, canon, or other person holding any dignity in a cathedral or collegiate church, in any case in which it shall appear to him from his own knowledge (if such cathedral is within his own diocese, or if not, by certificate of the bishop of the diocese where it is locally situate,) to be required for the performance of the duties in any such cathedral or collegiate church; provided that every such person shall during such period reside on such dignity.
By Ø 13. No person appointed to any prebend, canonry, or dignity before this act passed, viz. 10th July, 1817, shall be subject to any penalty for non-residence on any benefice during his actual residence on such dignity.
By $ 14. Every spiritual person having any house of residence on his benefice who shall not reside thereon, shall, during period or periods of non-residence, whether for the whole or part of a year, keep the same in good repair; and if he neglect so to do, and on monition from the bishop in whose diocese it is locally situate, shall not put it in repair according to, and within the time therein mentioned, to the satisfaction of the bishop, and to be certified to him upon such survey and report as shall be required by the bishop in that behalf, shall be liable to the penalties of non-residence, notwithstanding exemption or licence, during the time such house is out of repair, and until it has been put in good repair to the satisfaction of the bishop. (See Gibs. 887.)
By § 15. Any bishop, on application by petition in writing (see s 18.) by any spiritual person, or by any fit person on behalf of any such person having any benefice locally situate within his diocese, upon such proofs as to any facts stated in such petition as such bishop may think necessary, and shall require by affidavit made before any ecclesiastical judge or his surrogate, or any justice of peace, or magistrate, or master extraordinary in chancery, (which oath any such ecclesiastical judge, &c. is hereby respectively required to administer), may grant in the cases herein enumerated,
on due consideration of all the circumstances stated in any such application, and verified to his satisfaction as above, a licence in writing under his hand, expressing the cause of granting it to such person to reside out of the parish or proper house of residence, in order to exempt him from penalty of non-residence.
Such licence may be granted, first, to any spiritual person prevented from residence in the proper house of residence in the parish (1), by actual illness of himself, wife, or child, making part of his family, and residing with him as such: 2dly, to persons holding any benefice wherein there is no house of residence (2), or where it is unfit for residence, such unfitness not being occasioned by default of such person, and the same being kept in repair by him to the satisfaction of the bishop: 3dly, to such persons holding any benefice, and occupying in the parish thereof respectively any mansion or messuage, he keeping in repair such house of residence and producing proof thereof, to the satisfaction of the bishop, at the time when the licence is granted or renewed: 4thly, to such person holding any benefice of small value, and serving as stipendiary curate elsewhere, and providing for serving his own benefice to the satisfaction of the bishop: 5thly, to any master or usher of any endowed school, licensed by the bishop, and actually employed in teaching therein : 6thly, to any master or preacher of any hospital, or incorporated charitable foundation, during the period for which he may be required to reside,
(1) It appears from Wilkinson v. Allott, 2 Cowp. 429. Butter v. Goodale, 6 Rep. 21. b. Cro. El. 590. Goldsb. 169. Mo. 540. S. C. that an incumbent ought to reside at the parsonage-house : for if he lets it, though he dwells at another house in the same parish, it would be within the act 21 H. 8. c. 13. So, semb. though he does not let the parsonage-house, but occupies it by a servant. 2 Brownl. 54.
(2) A licence was held unnecessary in this case before this act. Wynne v. Smythies, 6 Taunt. 198. Law v. Ibbotson, 2 Burr. 2722. Wilkinson v. Člerk, id. 2725. And the want of a parsonage-house did not excuse for living out of the parish. Wilkinson v. Allott, Cowp. 429. The incumbent of two livings, A. and B., obtains a licence from his bishop to reside out of the parish of A. for the above cause, on condition of his residing at a short distance and actually performing the duties. This is not such a residence at A. as to excuse him from residing at B. without another licence for that purpose. Wright v. Flamank, 1 Marsh. 368. 6 Taunt. 52. S.C. But the incumbent of two livings, one with a house of residence on it, and the other not, may reside on that in which there is no such house, without licence from the bishop; and such residence will excuse him from residing on the other living. Wynne v. Smythies, 1 Marsh. 547. If in an action for non-residence, the declaration states defendant to be vicar of A., and he gives evidence that the parish is called B., the entry of his institution in the bishop's book by name of A. is not conclusive evidence against him, though it is evidence of the parish being called by both names. Still v. Coleridge, Forrest's. Rep. 117.
ally serwith like Preacheperson 10 in whose the
by any charter or statute of any such hospital, &c., or other lawful authority therein, and shall actually reside and perform his duties therein : 7thly, to any person holding any endowed lectureship, chapelry, or preachership, and executing the duties thereof respect. ively, with licence of the bishop in whose diocese he so officiates : Sthly, to any spiritual person holding any benefice of small value, and serving as preacher in any proprietary chapel, in any city or town, with like licence of the bishop : Sthly, to any person actually serving as a chaplain in any of his majesty's garrisons, or to the Royal Military Asylum at Chelsea, college at Sandhurst, or Royal Hospitals at Greenwich, or Chelsea, Haslar, or Plymouth, or to the Royal Naval Asylum, or in his majesty's navy, the gaol of Newgate, or penitentiary at Millbank, or to any British factory, or as teacher at the Royal Military Academy at Woolwich, or as principal surrogate or official in any ecclesiastical court of a diocese, or as librarian of the British museum or Sion college, or as trustee of lord Crew's charity, during the time of their personal attendance on the duties of such offices respectively: Provided the persons obtaining such licence shall pay to the bishop's secretary or officer 10s. only besides stamp duty; and if such applicant is aggrieved by the refusal of such licence, he may apply to the archbishop of the province, who shall forthwith, either by himself, or some commissioners appointed from among the bishops of his province under his hand, make enquiry into the same, and by writing, signed by himself, confirm such refusal, or grant a licence under this act, as seems just; provided that such appellant shall give security to the bishop, to pay such reasonable expences attending such appeal, as the archbishop or his commissioners shall award.
By $ 16. Such bishop in any cases not above enumerated, may. grant a licence (3), to any person to reside out of the parish or proper house of residence, if he deems it expedient; and may assign, in cases where stipendiary curates are employed, such salary as he deems fit, having respect to the value of the benefice, and all other circumstances of the case; and may grant such licence without application made for that purpose, in case of absence from the realm of any spiritual person, and may renew the same, and in every such case shall appoint a stipendiary curate, in case no such curate duly licensed is there employed in serving such benefice, and may assign him a salary; or if any curate has been, and is then so employed, may increase his salary; and in every such case, may order the same to be paid by sequestration of the profits of the benefice, provided that the nature and special circumstances thereof, and the reasons which induced the bishop to
(3) As to licence in peculiars, see $ 73, 74.; and Wynne v. Moore, 5 Taunt. Ante, tit. Peculiar, note.
grant such licence, shall be forthwith transmitted to the archbishop of the province, who shall forthwith by himself, or by some commissioner or commissioners appointed from his bishops, by writing under his hand, (and who are therefore authorized to execute such commission,) examine into the case, and make such enquiries as to any particulars relating thereto, as he may think necessary; and after such enquiries made by himself, or where made by commissioners, after return of the substance thereof in writing to such archbishop, he shall thereupon allow or disallow such licence, or alter the same in the whole or in part, as to the period for which the same may have been granted or otherwise, and likewise as to the curate's stipend, as seems fit to him; and no such licence shall be good, unless it is allowed by such archbishop, such allowance being signified by his signing the same, and the cause of granting the same need not be stated.
By $ 17. The death or removal of the bishop shall not void any licences by him granted, but the same shall be good, unless revoked by any successor.
By $18. Every application to the bishop for licence for nonresidence, shall be in writing, signed by the applicant, and shall state whether the party will perform the duty himself; and if so, where, and at what distance he intends to reside; or if he intends to employ a curate, it shall state the salary to be given him, and whether the curate will reside in the parish; and if so, whether in the parsonage-house; and if he does not intend to reside therein, shall state at what distance therefrom, and at what place he will reside, and whether such curate serves any other parish as curate or incumbent, or has any ecclesiastical preferment, or holds any donative, perpetual curacy, or chapelry, or officiates in any other church or chapel, and also the gross annual value of the applicant's benefice; and such licence shall not be granted, unless the application contain a statement of the above particulars; and all such applications and specifications shall be filed by the registrar in a separate book, of which no inspection or copies shall be made, except by leave in writing from the bishop.
By $ 19. During the vacancy of any see, such licences may be granted by the vicar-general of the diocese; or in case the bishop cannot exercise in person the functions of his office, the same shall be exercised by the person lawfully empowered to exercise his general jurisdiction in the diocese.
By $ 20. Any bishop who has granted any licence for nonresidence as above, or his successors, may revoke the same if he thinks fit, but the spiritual person may appeal as in § 15. and the archbishop appealed to may order such reasonable fees and charges to be paid by the appellant for any such proceedings as he shall in his discretion think fit; but no licence for non-residence shall continue in force above three years from its being granted, or
after 31st December in the second year after that in which it was granted. (4)
By $21. Every bishop granting or revoking any licence for non-residence under this act, shall within one month after cause a copy of every such licence or revocation to be filed in the registry of his diocese; and the registrar shall make an alphabetical list to be entered in a book and inspected by all persons, on payment of 3s. only; and a copy of every such licence with respect to any benefice shall be transmitted by the spiritual person to whom it was granted to the churchwardens of the parish, &c. to which it relates, within one month after grant thereof; and every bishop revoking any licence shall cause such revocation to be transmitted to a churchwarden of the parish or place to which it relates, to be deposited in the parish chest; and every registrar neglecting to enter the same shall forfeit for each neglect 51., to be recovered to the use of the informer in the same way as other penalties hereby imposed may be; and a copy of every such licence or revocation shall likewise be produced by the churchwardens, and publicly read at the visitation for the district next succeeding such grant or revocation.
By $22. Every archbishop who shall in his own diocese grant or allow, or approve as herein directed, any licence in cases not enumerated herein, shall annually, before 31st January, transmit to his majesty in council a list of all such licences so granted, allowed, or so approved, in the year ending on 31st December preceding; and shall specify therein the reasons that induced him to grant or approve the same, with the reasons transmitted to him by the bishops for granting same; and his majesty may by order in council revoke and annul any such licence; and if it is so revoked, a copy of any such order shall be sent to the archbishop granting or approving such licence, who shall transmit a copy thereof to the bishop of the diocese where the licence was granted, who shall file a copy of the mandatory part in the registry of his diocese, and deliver a like copy to the churchwardens of the parish to which it relates, as in $ 21.; and if granted by the archbishop, he shall file and deliver such copies in his own diocese; but such licence, although so revoked, shall be deemned valid for the period between its grant and revocation.
By $23. Every bishop, on or before 25th March in every year, shall make a return to his majesty in council of every benefice within his diocese, and the name of the several persons holding the same, specifying those who have and those who have not resided by reason of any exemption under this act; or of any licence granted by such bishop for any and what causes enumerated by this act, and also of all persons not having any such