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exemption or licence, who have not resided on their respective benefices, as far as the bishop is informed thereof; and also the names of all curates licensed to serve the benefice of any nonresident incumbent, and whether the gross annual value of any benefice amounts to or exceeds 300l. per annum, or not; the amount of the curate's salary, and his place of residence; and every spiritual person non-resident by reason of exemption, or resident on another benefice, for which they need not take out any licence under this act, shall, within six weeks after 1st January in every following year, notify the same in writing under his hand to the bishop of his diocese, 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 300l. per annum or not; and every spiritual person having more than one benefice, and residing on one of them, or residing during any part of the year on any dignity, or in performance of the duties of any office in any cathedral or collegiate church, or who are non-resident for any period of the year for any of the causes of temporary exemption specified in this act, shall in like manner and within like period in each year notify the same.
By $ 24. Persons neglecting to make such notification within the time in the last section shall forfeit 201. for each offence; to be levied by order of the bishop by sequestration (if not paid after monition to pay same) out of the profits of the benefice in respect of which such neglect is incurred; to be applied, according to direction of the bishop, in charity, provided he may remit or order payment of any part of the penalty (in same way as in $ 26. allowed) for non-compliance with order for residence.
Nothing in this act shall exempt any spiritual person from ecclesiastical censures for non-residence without licence, or affect any proceedings hereafter to be instituted in any ecclesiastical court, in relation to non-residence of any person holding any benefice, who is not licensed for nor has other lawful cause for absence, in order to inflict same; provided no proceedings be admitted in any ecclesiastical court against such spiritual person for such non-residence not exceeding three months in one year, except at instance of the bishop of the diocese where the benefice not resided on is situated. $ 25.
If any person holding any benefice and being licensed, or having other lawful cause of absence, does not sufficiently reside on the same, the bishop may issue a monition to him forthwith to reside thereon and perform the duties thereof, and to make a return to such monition within a time therein limited; so as there be thirty days between the time of delivering the same to such person or leaving the same at his then usual or last place of abode, or if not there to be found, then with the officiating minister or one of the churchwardens, and also at the house of residence (if any) belonging to any such benefice, to which such person is required by such monition to go and reside, and the time specified in such monition for making a return thereto; and a copy of every such monition shall immediately on its issue be filed in the registry of the bishop's court, and shall be open for inspection on payment of 3s. : the person to whom such monition is directed, shall make return into such registry within the time specified, there to be filed, and the bishop may require such return to be verified on oath of such person and others, before some surrogate, justice of peace, or master extraordinary in chancery, who shall administer the same on application for that purpose; and in every case where no such return is made, or where it does not state satisfactory reasons for non-residence, or where the same or any of the facts therein shall not be so verified on oath when required, the bishop may issue an order in writing under his hand and seal, requiring such spiritual person to reside as aforesaid within thirty days after such order in writing or delivery of a copy thereof as herein-before required in case of monitions. $26.
In case of non-compliance with such order, the bishop may sequester the profits of the benefice of such spiritual person till it is complied with, or good reasons stated and proved for nonresidence; and may by order under his hand, filed as above, apply such profits, after deducting the expences of serving the cure, in such way as he deems fit: in the first place, to pay the expences of such monition and sequestration; in the next, towards augmentation and improvement of any such benefice, or the house of residence, buildings, appurtenances, or glebe thereof; and may direct the same or part thereof to be paid to the governors of queen Anne's bounty, for augmentation of the maintenance of poor clergy, to be applied for the purposes of such augmentation as such bishop shall, under all circumstances, think fit; and any such bishop, within six months after such order for sequestration, or after any money actually levied, may remit to such spiritual person any part of such sequestered profits, or cause any part thereof that has been paid to such governors of queen Anne's bounty, to be repaid by him by order under the hand of such bishop, out of any money then or next coming into their hands, in any case where by reason of subsequent obedience to monition or order, or after stating and proving sufficient reasons as above, such bishop shall think the same proper; provided such spiritual person may within one month after order made, appeal against such sequestration to the archbishop of the province, who by himself or his commissioner or commissioners appointed from among his bishops, under his hand and seal, shall forthwith enquire into same, and make such order therein relating thereto, or to the profits so sequestered for
the return of the same, or any part thereof, or otherwise, as under all circumstances he shall deem fit after such inquiry made by himself or the substance thereof returned in writing to him by such commissioner, &c., provided such appellant shall give security to bishop for payment of such reasonable expences of appeal as the archbishop or his commissioners, &c. shall award; and provided that no order for sequestration shall be put in force pending such appeal. $ 26.
By Š 27. Every person who shall forthwith return to residence, in obedience to monition, and the profits of whose benefice are not sequestered, shall nevertheless pay all costs attending the same; to be levied in the same way as any costs may be levied on any spiritual person under this act.
If any person not licensed under this act to be absent from his benefice, or not having lawful cause of absence therefrom, shall, in obedience to any such monition or order, and before or after sequestration, have begun to reside on his benefice, and shall within six months after such commencement to reside, without leave of the bishop, begin to absent himself, such bishop may again sequester and apply the profits of his benefice as in $ 26. without issuing any other monition or order, and may so proceed in like cases from time to time as occasion requires, provided that such party may again appeal against such sequestration in like manner as before directed; but such sequestration shall nevertheless be in force during such appeal. $ 28.
Where any spiritual person has become subject to any penalty for non-residence, the bishop of the diocese within which the same has arisen may proceed against him for such past nonresidence, and levy the penalties incurred thereby by monition and sequestration; and may direct application thereof in like manner, and with like regulations and powers of remitting or ordering repayment of any part of such penalties, as directed in cases of non-compliance with any order of residence. 29.
Where any archbishop or bishop has proceeded by monition to recover the penalties of more than one-third the value of such benefice for any non-residence exceeding six months in the year, and has remitted the same in whole or in part, such archbishop, &c. shall forthwith transmit to his majesty in council, and such bishop to the archbishop of his province, a list of such cases as have occurred in his or their respective dioceses, specifying the nature and special circumstances of each case, and reasons for the remission, as in g 16.; and his majesty, or the archbishop, as the case is, may allow or disallow such remission in the whole or in part, in the same way as licences for non-residence. (See § 15.) Provided always, that the archbishop's decision in cases transmitted to him from any bishop is final. $ 30.
If the benefice of any spiritual person shall continue for two years under any sequestration made under this act for disobedience to the bishop's monition requiring him to reside on his benefice, or shall incur under this act three such sequestrations in two years, (such spiritual person not being relieved therefrom on appeal,) the benefice not resided on shall be void ; and the bishop shall give notice thereof to the patron, who may present any other than the same spiritual person. § 31.
By $ 32. All contracts for letting the house of residence, or buildings, gardens, orchards, and appurtenances necessary to the convenient occupation of the same, belonging to any benefice, to which house any spiritual person is required, by order of the bishop, to proceed and reside therein, or which is assigned as a residence to any curate by the bishop, shall, on serving a copy of such order or assignment on the occupier thereof, or left at the house, be null and void ; and a copy of such order, &c. shall, immediately on its issue, be transmitted to one of the churchwardens or such other person as the bishop thinks fit, and by him forthwith served on such occupier, or left at the house; and any person continuing to hold the same after the day appointed by such order for the residence therein of such spiritual person, or which shall be specified in any such assignment, and after service or leaving such copy as above, shall forfeit 40s. for every day which he shall, without permission of the bishop in writing, wilfully continue to hold the same, together with the expence of serving such order, if specially served, to be allowed by the bishop, and recovered and applied as the non-residence penalties are directed to be recovered and applied under this act; and the spiritual person so directed to reside, or curate to whom such residence is assigned, may apply to any justice or magistrate for a warrant for taking possession thereof, who, on production of the order for such possession, shall thereupon give a warrant for the same; and possession may thereupon be taken, at any time in the day-time, by entering it by force if necessary, without other proceeding by ejectment or otherwise.
No spiritual person is liable to any penalties for nonresidence during the time such tenant shall occupy such house of residence, and building, &c. $ 33.
After passing this act (viz. 10th July, 1817) no oath shall be required to be taken by any vicar in relation to residence on his vicarage. 34.
By 35. No penalty shall be recovered against any spiritual person under this act other than such as were incurred within a year ending on the 31st of December immediately preceding the commencement of any proceeding or action for recovery
the commencementhe 31st of Decemuch as
By $ 36. Every penalty for non-residence under this act,
in respon before tave been incunct dire
in respect of which no proceeding shall have been had by monition before the 1st of April next after the year in which the same shall have been incurred, may be recovered by action or suit in the manner by this act directed.
By $ 37. No action of debt for recovery of penalties under this act shall be commenced or filed in his majesty's courts of record at Westminster, or great sessions in Wales, until the 1st of May after the expiration of the year in which the offence took place.
For the purposes of this act the year shall commence on the 1st of January and conclude on the 31st of December, both inclusive. $ 38. And the months herein named shall be deemed calendar months, except in any case where a month is to be made up of different periods less than a month; in every which case thirty days shall be a month. § 39. , By 40. No writ shall be sued out, nor copy of any process served, at suit of any informer, on any spiritual persons for any penalty incurred under this act, till a notice in writing of such intended writ or process shall have been left at the usual or last place of his abode, and also to the bishop of the diocese, by leaving it at the registry, by the attorney or agent of the party intending to sue the same out, one calendar month before suing out or serving the same; in which notice shall be clearly expressed the cause of action and the penalty to be sued for, and indorsed with the name and abode of the attorney; and no such notice shall be given before the 1st of April, in the year next after any penalties have been incurred.
No plaintiff shall recover in such action without proof made that such notices were given; and in default thereof, defendant shall have a verdict with double costs. § 41. And no evidence shall be permitted to be given by plaintiff at trial of any such action, of any cause of action, except that contained in his notice. $ 42.
Any spiritual person sued for such penalties may, with leave of the court, at any time before issue joined, pay into court such sum as he shall see fit; whereupon proceedings thereon shall be had as in other actions where defendant is allowed to pay money into court. § 43.
By $ 44. The court where such action is pending for recovery of any penalty for non-residence under this act, shall on application made for that purpose, require by rule or order of the court, or of any judge thereof, the bishop of the diocese within which the benefice is locally situate, or to whom the same is subject, according to this act, to certify in writing under his hand, to such court, and also to the party named for that purpose in such rule or order, the reputed annual value of such benefice; and upon such rule or order being left with such bishop or his registrar, he shall certify accordingly; and such certificate, in all subse