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36 Geo. III. Cap. Ixxxiii.

An Act for the further Support and Maintenance of Curates within the Church of England, and for making certain regulations refpecting the Appointment of fuch Curates, and the Admiffion of Perfons to Cures augmented by Queen Anne's Bounty, with respect to the Avoidance of other Benefices.

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WHEREAS, in and by a Statute paffed in the twelfth year of the reign of Queen Anne, it is enacted, That if any Rector or Vicar, having cure of fouls, fhould, after the twenty-ninth of September one thousand seven hundred and fourteen, nominate and prefent any Curate to the Bishop or Ordinary, to be licensed or admitted to ferve the cure of fuch Rector or Vicar in his abfence, the faid Bifhop or Ordinary, having regard to the greatness of the cure, and the value of the ecclefiaftical benefices of fuch Rector or Vicar, fhould, on or before the granting fuch licence, appoint, by writing under his hand and feal, a fufficient certain ftipend or allowance, not exceeding fifty pounds per annum, nor less than twenty pounds per annum, to be paid or anfwered at fuch times as he should think fit, by fuch Rector or Vicar to fuch Curate, for his fupport and maintenance; and if it should appear to the Bilhop or Ordinary, upon complaint or otherwife, that any Curate of fuch Rector or Vicar, licensed or admitted before the twenty-ninth of September one thousand seven hundred and fourteen, had not a fufficient maintenance, it fhould be lawful for the faid Bifhop or Ordinary to appoint him a certain ftipend or allowance in like manner as before mentioned; and in cafe any difference fhould arife between any Rector or Vicar and his Curate, touching fuch ftipend or allowance, or the payment thereof, the Bishop or Ordinary, on complaint to him made, fhould fummarily hear and determine the fame; and, in cafe of neglect or refufal to pay fuch ftipend or allowance, might fequefter the profits of fuch benefice for and until payment thereof; and whereas in many places the provifion made, in and by the faid Statute, for the fupport and maintenance of fuch Curate, is now become infufficient; be it enacted by the King's most excellent Majefty, by and with the advice and confent of the Lords fpiritual and temporal, and Commons, in this Parliament affem

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bled, and by the authority of the fame, That it fhall and may be lawful for the Bishop or Ordinary to appoint, under his hand and feal, any ftipend or allowance for any Curate heretofore nominated or employed, or hereafter to be no minated or employed, not exceeding feventy-five pounds per annum, over and befides, on livings where the Rector or Vicar does not perfonally refide four months in the year at least, the use of the rectory or vicarage houfe, and the garden and ftable thereunto belonging, fuch ufe to be granted to the faid Curate for the fpace of twelve calendar months by the authority of the Bishop or Ordinary, under his hand and feal, with power in the faid Bishop or Ordinary to renew the grant from time to time, or a further fum not exceeding fifteen pounds per annum, in lieu of fuch houfe, garden, and ftable, in cafe there shall be none fuch, or it shall appear to the Bishop or Ordinary not to be convenient to allot and affign the fame to fuch Curate; which faid ftipend or ftipends fhall be paid and recovered in fuch and the fame manner as the ftipend payable under and by virtue of the faid recited Act: Provided always, that the faid house, garden, and stable shall be for the use of the faid Curate and his family only during his actual refidence in the faid rectory and vicarage house.

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2. Provided alfo, and be it further enacted, That the Bifhop or Ordinary shall have power, at any time, under his hand and feal, to revoke the grant to the laid Curate of the faid houfe, garden, and stable, or any of them; and alfo to infert in fuch grant fuch terms and conditions to be ob ferved on the part of the Curate as he shall think reafonable; and alfo that the Curate fhall peaceably deliver the poffeffion of the premises granted to him at the expiration or other fooner determination of the grant thereof; and in cafe he shall refuse so to do, he fhall forfeit and lofe to the Rector or Vicar all fuch parts of his ftipend as shall then be unpaid, or fhall thereafter become due, and alfo the fum of fifty pounds to fuch Rector or Vicar, and which fhall be recoverable in an action of debt.

3. And whereas by an Act, paffed in the first year of his late moft gracious Majefty King George the First, it was enacted, that all churches, curacies, and chapels, which should be augmented by the Governors of the late Queen Anne's Bounty, fhould be from thenceforth perpetual cures and benefices: and whereas it is expedient that fuch augmented churches, curacies, and chapels, fhould be fubjected to the fame rules as benefices, with

respect

refpect to the avoidance of other benefices; be it further enacted, That fuch augmented churches, curacies, and chapels, fhall be confidered in law as benefices presentative, fo as that the licence thereto fhall operate in the fame manner as inftitution to fuch benefices, and fhall render voidable other livings, in like manner as inftitution to the faid benefices; and that it fhall be lawful for the Bishop or Ordinary within whofe jurifdiction fuch augmented church, curacy, or chapel, fhall lie, to appoint, under his hand and feal, any ftipend or allowance for the officiating Curate to be nominated or employed by the perpetual Curate or Incumbent thereof, not exceeding feventy-five pounds per annum, for which payment the faid Curate fhall have the fame and like remedies as are herein before given to the Curates of Rectors and Vicars.

4. And whereas doubts have been lately entertained, whether the acceptance of fuch augmented churches, curacies, and chapels, has rendered voidable in law fuch other benefices as the Incumbents poffeffed before their acceptance of the fame: and whereas it is fit that many Incumbents who have accepted fuch churches, curacies, and chapels, should be quieted in the poffeffion of the be nefices they enjoyed before the acceptance of the fame; it is hereby enacted and declared, That all fuch benefices as were held in conjunction with augmented cures before the paffing of this Act, fhall continue to be held by the prefent Incumbents therewith; and that it fhall not be lawful to prefent to the faid benefices until they fhall become void or voidable by death or ceffion, or by other lawful cause of avoidance, arifing after the paffing of this: A&.

5. And whereas many perpetual curacies, although not augmented by the Bounty of Queen Anne, have neverthelefs become confiderable in value by the improvement of the tithes or glebe of which they happen to be endowed, or by other circumftances; be it further enacted, That the Bishop or Ordinary within whofe jurisdiction they lie, fhall have the like power, and under the like limitations, and with the like remedies, in apportioning the ftipends to be paid to the said officiating Curates by the Curates or Incumbents of perpetual curacies, as is herein before given refpecting the apportionment of the ftipends to the Curates employed in perpetual cures aug

mented.

6. And whereas it is expedient that the authority of Ordinaries to licenfe Curates, and to remove licensed Cu

rates,

rates, thould be further explained, enlarged, and confirmed; be it enacted and declared, That it fhall be lawful for the Ordinary to licenfe any Curate, who is or shall be actually employed by the Rector, Vicar, or other Incumbent of any parish church or chapel, although no express nomination of fuch Curate fhall have been made, either in words or in writing, to the Ordinary by the faid Rector, Vicar, or other Incumbent; and that the Ordinary fhall have power to revoke, fummarily and without procefs, any licence granted to any Curate employed within his jurildiction, and to remove fuch Curate for fuch good and reasonable cause as he shall approve; fubject, nevertheless, to an appeal, as well in the cafe of a grant of a licence to a Curate who has not been nominated, as in the revocation of a licence granted to a Curate: fuch appeal to be made, in either cafe, to the Archbishop of the province, and to be determined in a fummary manner.

31 Eliz.

31 Eliz. Cap. vi. Sect. 4-10.

Extract of an A&t against Abuses in Prefentations to Benefices, &c.

AND for the avoiding of fimony and corruption in pre

fentations, collations, and donations, of and to benefices, dignities, prebends, and other livings and promotions ecclefiaftical, and in admiffions, inftitutions, and inductions to the fame:

5. Be it further enacted by the authority aforefaid, That if any perfon or perfons, bodies politic or corporate, fhall or do at any time after the end of forty days next after the end of this feffion of Parliament, for any fum of money, reward, gift, profit, or benefit, directly or indirectly, or for, or by reafon of any promife, agreement, grant, bond, covenant, or other affurance, of or for any fum of money, reward, gift, profit, or benefit whatsoever, directly or indirectly, prefent or collate any perfon to any benefice with cure of fouls, dignity, prebend, or living ecclefiaftical, or give or beftow the fame, for or in refpect of any fuch corrupt caufe or confideration; that then every fuch prefentation, collation, gift and beftowing, and every admiffion, inftitution, inveftiture, and induction thereupon, fhall be utterly void, fruftrate, and of none effect in law. And that it fhall and may be lawful, to and for the Queen's Majefty, her heirs and fucceffors, to prefent, collate unto, or give or beftow every fuch benefice, dignity, prebend, and living ecclefiaftical, for that one time or turn only; and that all and every perfon or perfons, bodies politic or corporate, that from thenceforth fhall give or take any fuch fum of money, reward, gift, or benefit, directly or indirectly, or that fhall take or make any fuch promife, grant, bond, covenant, or other affurance, fhall forfeit and lofe the double value of one year's profit of every fuch benefice, dignity, prebend, and living ecclefiaftical: and the perfon fo corruptly taking, procuring, feeking, or accepting any fuch benefice, dignity, prebend, or living, fhall thereupon and from thenceforth be adjudged a difabled perfon in law, to have or enjoy the fame benefice, dignity, prebend, or living ecclesiastical.

* See alfo 12 Ann. Cap. xii. p. 150.

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