A this form by Reduced to w. & M. Eng. and 4 Geo. 1. c. 3. t. 1. c. 8.s. 11. s. 1. Ir. + Ireland in +" Or visitor" and in 17 & 18 Cai. 2. c. 6. Ir. By the 15 Car. 2. c. 6. professor and reader in the universities, and in every college elsewhere, and every parson, vicar, curate, lecturer, and other person in holy orders, [and every schoolmaster keeping any public or private school, and every person instructing any youth in any house or private family as a tutor or school-master,] shall, at or before his admission to be incumbent, &c. subscribe the declaration following: *" I, A. B. do declare, that I will conform to the "liturgy of the church of [+England] as it is now by law " established." Which declaration shall (by s. 19. (as amended by the 15 Car. 2. c. 6. Eng.) be subscribed by every master, and other head, fellow, chaplain, and tutor of any college, &c. and by every public professor and reader in either of the universities, before the vice-chancellor of such university, [for his deputy ;] before the archbishop, bishop, or ordinary of the diocess, [Şor before any vicar general, chancellor, or commissary,] by every other person hereby enjoined to subscribe the same, upon pain of forfeiting such deanery, &c. and being disabled, and ipso facto deprived of the same: and every such deanery, &c. shall be void. And by s. 11. after such subscription made, every such parson, vicar, curate, and lecturer, shall procure a certificate under the hand and seal of the archbishop, bishop, theref or ordinary of the diocess, respectively, and shall publicly read the same together with the declaration. aforesaid, upon some Lord's day, within 3 months. then next following, in his parish church, in the presence of the congregation, in the time of divine service, upon pain of being disabled and ipso facto deprived of the same. But by s. 16. no title to confer or present by lapse shail accrue, by any avoidance ipso facto by virtue of this statute, till 6 months after notice of such avoidance given by the ordinary to the patron, or such sentence of deprivation publicly read in the parish church of the benefice, &c. becoming void. But it is provided (s. 15.) that this act shall not extend to the foreigners or aliens of the reformed churches allowed by the king. The 17 & 18 Car. 2. c. 6. Ir. contains clauses 17 & 19 Car.2 corresponding to those of the 13 & 14 Car. 2. c. 4. Eng. By the 1 Eliz. c. 1. Eng. and 1 W. & M. st. 1. c. §. Eng. s. 11. Certificate s. 16. s. 15. <. 6. Ir. c. 8. Eng. 3 W. & M.c.2. Eng. 1 Eliz.c.1.Fng. Eng. and by the 2 Eliz.c. 1. Ir. and 3 W. & M. c. 2. 1 W. & M.st. 1. Eng. every person before he shall take upon him to re2 Eliz. c. 1. Ir. ceive or exercise any ecclesiastical office, ministry, or service, shall take the oaths of allegiance and supremacy Oaths of allegi- before such persons as shall have authority to admit him to such office, &c. or before such person as shall be assigned [*by commission from the crown under the great seal] to administer the same. ance, &c. to be taken. Duty of resi &. 12. E. So much of the 21 Hen. 8. c. 13. Eng. as imposes the dence enforceed. penalty of f10. on any spiritual person therein de43 Geo. 3.c.54. scribed, who shall not keep residence on one of his dignities, &c. is repealed by the 43 Geo. 3. c. 84. s. 12. E. which enacts, that every spiritual person being possessed of any archdeaconry, deanery, or other dignity, prebend, benefice, donative, or perpetual curacy, or parochial chapelry, who shall, without sufficient cause as in the 21 Hen. 8. c. 13. Eng. 25 Hen. 8. c. 16. Eng. 28 Hen. 8. c. 13. Eng. or 33 Hen. 8. c. 28. Eng. is specified, or without such other sufficient cause as would exempt such spiritual person from any of the pains, penalties, and forfeitures, under the said recited acts, for any non-residence, and who shall not have such license or exemption as in this act is mentioned, wilfully absent himself therefrom for the space of 3 months together, or at several times, in any one year, and make his residence and abiding at any other place or places, except at some other dignity, &c. of which he may be possessed, shall, when such absence shall exceed such period as aforesaid, and not exceed 6 months, forfeit and pay one third of the annual value (deducting therefrom all outgoings, except any stipend paid to any curate) of the dignity, &c. from which he shall so absent himself; and when such absence shall exceed 6 months and not exceed 8 months, one-half, &c.; and when such absence shall exceed 8 months, two-thirds, &c. ; and when such absence shall have been for the whole of the year, three-fourths of such annual value, to be recovered by action of debt, &c. in any court of record at Westminster, or the courts Suits for pena Lies. of "By the queen, &c. under the great seal of England or of this realm, or the lord deputy by letters patent under the great seal of this realm." is i Elz, e. 1. Ir s. 13. s. 14. of great sessions in Wales, and the whole of such penalty to go to the person who shall sue for the same, together with such costs of suit as shall be allowed according to the practice of the court where such action shall be brought; but no parsonage that hath a vicar endowed or perpetual curacy, and having no cure of souls, shall be a benefice within the meaning of this act. And by s. 13, the court in which such action, &c. shall be depending, may require the diocesan to certify the reputed annual value of such benefice, &c. By s. 14. no person who has resided a year, without absence for more than 3 months, shall be liable for any previous non-residence, unless the action be commenced before he has so resided, And this act s. 15. exempts certain chaplains and persons from the penalties of non-residence: but by s. 16. no person who by the 28 Hen. 8. c. 13. was entitled to the privilege of non-residence until after the age of ed from penal40 years, shall be entitled to such privilege after the age of 30 years. By s. 17. no penalty or costs incurred by any spiritual person by reason of any non-residence on his dignity, shall be levied by execution against the body costs-how le of such person, whilst he shall hold the same or any dignity, &c, out of the profits of which the same can be levied by sequestration, within the term of 3 years. other s. 15. & 16. Persons exemple ties. s. 17. Penaltics and vied, non-residence. s. 18. to 29. This act also contains several provisions in respect to Licenses for the power and duty of archbishops and bishops in granting licenses for non-residence, and amongst others (by s. 21.) that such licenses may be revoked, and shall not be in force more than 2 years: and by s. 27. licenses may be pleaded in bar of any action brought under this or any other act; and if the plaintiff, after any such plea of license, shall be non-suit, or shall discontinue, the defendant shall have full costs of suit; and if a verdict shall be given for the defendant, he shall have treble costs, By s. 29. this act shall not exempt any person from any canonical or ecclesiastical censures for non-residence. without lawful cause; but no such censure, for nonresidence not exceeding 3 months in one year, shall be put in force; nor shall any proceeding be admitted in any ecclesiastical court for non-residence not exceeding 3 months in a year, except at the suit or instance of the archbishop, Monitions to reside, s. 30, archbishop, bishop, or archdeacon, of the diocess and archdeacony. By s. 30, if any person not being licensed nor having lawful cause of absence, does not sufficiently reside, the bishop or archbishop, may issue a monition to such person forthwith to reside thereon and perform the duties thereof, and to make a return thereto within a certain number of days, not less than 30, after the issuing and delivery thereof; and if a return shall not be made, or shall not be satisfactory, the bishop may order residence within 30 days after the delivery of such order, and if such order shall be disobeyed he may sequester the profits of the benefice, and direct the application thereof, after deducting the expenses of serving the cure, and of the monition and sequestration, toward the augmentation or improvement of such parsonage, &c. or to be paid to the governors of queen Anne's bounty, or may remit or refund any part thereof to such spiritual person in case of subsequent obedience, or for other sufficient reasons: but an appeal against such sequestration may be made to the archbishop of the province. By §. 31. persons who shall return to residence, shall pay the costs of the monition or order. And by s. 32. if any person returning to residence after any monition or order, shall before 6 months absent himself, the archbishop or bishop may without monition, sequester the profits of the benefice. And by s. 33. if any clerk shall continue Benefice void by under any such sequestration for 3 years, or shall incur non-residence. 3 such sequestrations in the space of 3 years, not being relieved with respect to any such sequestrations, upon appeal to the archbishop, the benefice, &c. in relation to non-residence upon which such sequestrations shall have been made, shall become ipso facto void. s. 31. s. 32. Enforced by sequestration $. 33, Contracts for letting houses, &c. void. S.34. By s. 34. all contracts or agreements made after the passing of this act, (7th July, 1803) for the letting of houses of residence, or the buildings, gardens, orchards, and appurtenances necessary for the convenient occupation of the same, belonging to any benefice, &c. to which houses of residence any person shall be required by order of the archbishop or bishop to proceed, a copy of which shall be transmitted to one of the church-wardens, nition. s. 35. $. 36. and be by him served on the occupier of such house, or left at the same, shall be void; and any person continuing to hold any such house, &c, after the day on which said spiritual person shall be desired to reside, and, after service of such copy, shall forfeit 40s. for every day he shall without permission of the archbishop, &c. wilfully continue to hold any such house, &c. but in cases of contracts, &c. made before the passing of this act, no penalty shall be incurred, nor sequestration issue, till 3 calendar months after the service of such order as aforesaid. But by s. 35, no person shall be liable to any penalty, for not residing in such house, while such tenant shall continue to occupy such house and other buildings. By s. 36 where any action, &c. shall be commenced Action and moagainst any spiritual person to whom any monition shall be sent, before the issuing thereof, for any penalty incurred by non-residence, the bishop, &c. shall upon notice of such action, &c. cause to be retained so much of the profits of the benefice, &c. as will be sufficient to satisfy such penalty, and the costs of such action, &c. and shall pay the same to the plaintiff if he shall obtain a verdict and judgment in such action, &c. after deducting the charges of the sequestration; but if at the time of filing any such monition, no such action shall have been commenced, then no such action shall be brought for any non-residence before the issuing of such monition or during any proceedings that may be had under such monition; and if any such action, &c. shall be so commenced, the defendant may plead in bar thereof, that such a monition has issued in respect of the same parsonage, &c.; and such defendant, unless upon application to the court the same shall be dispensed with, shall upon pleading such matter file an affidavit in said court, thereby stating that according to his belief the bishop, &c. is proceeding or intends to proceed upon said monition, to the intent to make the same effectual to the intents and purposes of this act, otherwise such plea shall not be available. By s. 38. this act shall extend to all dignities, &c. Act extends to whether exempt or not exempt, and all peculiars: and dignities, &c. exempt. by & 38. & 39. |