PART I CLASS I. No. 1. tion after any plea of licence shall have been pleaded thereto under this Act, then and in such case the defendant in such suit or action shall have full costs of suit; and if in any Stat. 57 such suit or action a verdict shall be given for the defend- G. 3. c. 99. ant, or the plaintiff shall become nonsuit, the defendant shall have double costs, and have the like remedy for the same as any defendant hath in other cases to recover costs by law; and it shall be lawful for the court, or any Judge of the court in which any suit or action shall be commenced, upon any application made in that behalf, to order and direct, if such Court or Judge shall deem it expedient so to do, that the plaintiff in any such suit or action shall give security for the payment of such costs, and that all proceedings in any such suit or action shall be staid until such security shall be given as to the Court or Judge to whom any such application shall be made shall seem fit. any non been com be after wards XLVI. Provided always, and be it further enacted, That If at the if at the time of filing any monition requiring any spiritual time of filing any person to reside on his benefice, or to recover the penalties motion incurred by past non-residence, no notice of any action for no action any such penalty or forfeiture shall have been already given shall have in manner aforesaid, then and in such case no such action, menced, suit, bill, plaint, or information shall be afterwards brought none shall for any penalty or forfeiture incurred by reason of residence of such spiritual person before the issuing of such brought, monition, or during any proceedings that may be had under &c. such monition; and if any such action or suit shall be so commenced, the defendant therein may plead in bar thereof, that such a monition as aforesaid has issued in respect of the same benefice; and such defendant, unless upon application to the court the same shall be dispensed with, shall, upon pleading such matter, file or cause to be filed an affidavit in the said court, thereby stating the period specified in such monition, and that, according to the belief of the defendant, the Bishop who has issued or caused such monition to be issued is proceeding upon the said monition, to the intent to make the same effectual to the intents and purposes of this Act, otherwise such plea shall not be good or available in the law. person XLVII. And be it further enacted, That no penalty or No penalty costs incurred by any spiritual person by reason of any non- to be levied residence on his benefice, shall be levied by execution against the against the body of any such person, whilst he shall hold where it the same or any other benefice out of the profits of which can be rethe same can be levied by sequestration within the term of sequestrathree years; and in case the body of any such spiritual tion within person shall be taken in execution for the same, the court three years. covered by CLASS I. PART I. in which the same was recovered, or any Judge thereof, No.1 may and shall, upon application made for that purpose, Stat. 57 discharge the party from such execution, in case it shall be G. 3. c. 99. made to appear to the satisfaction of such Court or Judge that such penalty and costs can be levied as aforesaid a. Non-resident Incumbents XLVIII. And be it further enacted, That if any spiritual person holding any benefice, who does not or shall not neglecting actually reside thereon nine months in each year (unless to appoint such person shall do the duty of the same, having a legal exemption from residence, or a licence to reside out of the appoint. same, or to reside out of the parsonage house or vicarage Curates, Curate to reside on all bene house, or other usual house of residence belonging to the same), shall for a period exceeding three months absent himself from his benefice, without leaving a Curate duly licensed or other spiritual person to perform, and who shall duly perform the ecclesiastical duties of such benefice, or shall for the period of three months after the death, resignation, or removal of any Curate who has served his church or chapel, neglect to notify such death, resignation, or removal to the Bishop of the diocese, or to nominate to the Bishop of the diocese a proper Curate, then and in every such case, and in every case in which no Curate shall be nominated to the Bishop for the purpose of being licensed by him within such period as aforesaid, the Bishop is hereby authorized to appoint and license a proper Curate, with such salary as by this Act is allowed and directed, to serve the church or chapel of the parish or place in respect of which such neglect or default shall have occurred: Provided always, that the licence shall in every case specify whether the Curate is required to reside within the parish or place or not; and if the Curate is permitted by the Bishop granting the licence to reside out of the parish or place, the grounds upon which the Curate is so permitted to reside out of the parish or place shall be specified in the said licence, and the distance of the residence of any Curate from any church or chapel which he shall be licensed to serve shall not exceed five statute miles, except in cases of necessity, to be approved by the Bishop, and specified in the licences b. XLIX. And be it further enacted, That in every case where a Curate is appointed to serve a benefice upon which fices above the Incumbent is non-resident for more than three months 3001. a year, &c. except una The material parts of this statute upon the subject of residence, as well der special as upon the extent to which the Clergy are permitted to farm or exercise trades, were contained in stat. 43 Geo. 3. ch. 84. repealed by this statute. circum stances. b The remainder of this statute, for the most part relating to Curacies and Curates, embraces stat. 53 Geo. 3. ch. 149, which was preceded by stat. 36 Geo. 3. ch. 83. and 12 Anne stat. 2. c. 12. upon the same subjects. No. 1. in the year from exemption, licence, or otherwise, such PART I. Curate shall be required by the Bishop to reside within the CLASS I. parish; provided the gross value of such benefice amounts Stat. 57 to three hundred pounds a year or upwards, and the popu- G. 3. c. 99. lation amounts to three hundred persons or upwards, or provided the population amounts to one thousand persons or upwards, whatever may be the value of such benefice: Provided always, that whenever it shall be made out to the satisfaction of such Bishop, that from special and peculiar circumstances great inconvenience would arise from such Curate being compelled to reside within the parish, it shall be lawful for the Bishop to allow such Curate to reside in some near and convenient place: Provided also, that the licence to be granted to such Curate shall specify the special circumstances which have induced the Bishop to allow such residence out of the parish, and shall be entered and filed in the registry of the diocese. inade L. And be it further enacted, That whenever it shall If duty be appear to the satisfaction of any Bishop, either of his own quately knowledge, or upon proof by affidavit laid before him, that performed, by reason of the number of churches or chapels belonging the Bishop to any benefice locally situate within his diocese, or the dis- may aptance of such churches or chapels from each other, or the rate. distance of the residence of the spiritual person serving the same from such churches or chapels, or any or either of them, or the negligence of the spiritual person holding the that the ecclesiastical duties of such benefice are inadequately performed, such Bishop may by writing under his hand require the spiritual person holding such benefice to nominate to him a fit person or persons, with sufficient stipend or stipends, to be licensed by him to perform or to assist in performing such duties, specifying therein the grounds of such proceeding; and if such spiritual person shall neglect or omit to make such nomination for the space of three months after such requisition so made as aforesaid, then and in every such case it shall be lawful for such Bishop to appoint a Curate or Curates, as the case shall appear to such Bishop to require, with such stipend or stipends as such Bishop shall think fit to appoint, not exceeding in any case in the whole the stipends allowed to Curates by this Act, nor, except in the case of negligence, exceeding onehalf of the gross annual value of the benefice, although the spiritual person to whom such churches or chapels shall belong shall actually reside or serve the same: Provided always, that such requisition, and any affidavit made to found the same, shall be forthwith filed by the Bishop in the registry of his court: Provided also, that it shall be lawful point Cu No. 1. PART 1. for any such spiritual person, who shall think himself agCLASS I. grieved by any such appointment of such Curate or CuStat. 57 rates, to appeal to the Archbishop of the province to which G. 3. c. 99. such Bishop shall belong, in such and the like manner, and under such provisions and directions, as are allowed to any spiritual person thinking himself aggrieved by any sequestration issued by any Bishop. Bishops may en force performance LI. And be it further enacted, That in all cases where the Bishop of the diocese shall deem it proper to enforce the performance of Morning and Evening Service on Sunof church days, or any other Service required by law in any parishchurch or parochial chapel, or the chapel of any extra-paing and rochial place, it shall be lawful for such Bishop to enforce evening. the same by monition and sequestration, to be issued in the manner by this Act provided. service both morn lars neces for a Cu Statement LII. And be it further enacted, That every Bishop to of particu- whom any application shall be made for any licence for a sary to be Curate to serve for any person not duly residing upon his given by benefice, shall, before he shall grant such licence, require a persons ap- statement of all the particulars by this Act required to be plying for a licence stated by any person applying for a licence for non-residence; and it shall not be lawful for any Bishop to grant a licence to any Curate to serve the church or chapel of any person as aforesaid, upon any such application as aforesaid, until a statement of all such particulars as aforesaid shall have been delivered to him; and such statement shall be kept and filed and preserved from public inspection, and disclosed only in like manner and in such cases as is before directed as to statements of persons applying for licences for non-residence. rate. Bishops shall ap point sala ries to Cu rates. LIII. And be it further enacted, That it shall be lawful for the Bishop, and he is hereby required, subject to the several provisions and restrictions in this Act contained, to appoint to every Curate such salary as is allowed and specified in this Act; and every licence to be granted to a Stipendiary Curate under this Act shall contain and specify the amount of the salary allowed by the Bishop to the Curate; and such licence, or any copy of the registry thereof, signed by the Registrar of the diocese or his deputy, shall be evidence of the amount of the salary so appointed to any Curate in all courts of law or equity; and in case any difference shall arise between any Rector or Vicar or person holding any benefice, and his Curate, touching such stipend or allowance, or the payment thereof, or of the arrears thereof, the Bishop, on complaint to him made, may and shall summarily hear and determine the same; and in case of wilful neglect or refusal to pay such stipend, salary, or No. 1. allowance, or the arrears thereof, he shall be and is hereby PART I. empowered to proceed by monition and sequestration to se- CLASS I. quester the profits of the benefice for and until payment of Stat. 57 such stipend or allowance or the arrears thereof: Provided G. 3. c. 99. always, that the Curate obtaining any such licence shall pay to the Secretary or Officer of the Bishop the sum of one pound, exclusive of any stamp duty which may be chargeable thereon; which said sum of one pound shall be in remuneration of all and every fee or fees now demandable by the said Secretary or Officer for obtaining such licence, or for the signature of any declaration by the said Curate in consequence of such licence, or of any certificate of such Curate having signed such declaration; and provided also, that from and after the passing of this Act, as often as any person shall be licensed to two or more curacies within the same diocese at one and the same time, it shall be sufficient for such person to sign one declaration only, appointed to be signed by an Act intituled An Act of Uniformity; and also that it shall be sufficient for such person to produce one certificate only of his having so signed such declaration before the Bishop of the diocese a. Incum not to ex ceed certain cases of LIV. And be it further enacted, That it shall be lawful Stipends to for the Bishop to appoint for the Curate any stipend or Curates of allowance not exceeding seventy-five pounds per annum, and bents bealso the use of the house of residence, with the gardens and fore July stables belonging thereto, or a further sum of fifteen pounds 20, 1813, in lieu of the use of the rectory or vicarage house, or other d houses of residence, in case there shall be no house, or it rates, exshall not appear to the Bishop convenient to allot or assign cept in the house to the Curate, in respect of any benefice to which neglect. the spiritual person holding the same was instituted or appointed before the twentieth day of July one thousand eight hundred and thirteen; but it shall not be lawful for the Bishop to assign any greater stipend or allowance than aforesaid, in respect of any such benefice, during the incumbency of any such spiritual persons as aforesaid, unless with the consent of the spiritual person holding the benefice, or in case of neglect to appoint or to nominate to the Bishop a proper Curate. a It has been held both in the Courts of King's Bench and of the Arches, that a Curate is not entitled to the benefit of a monition for the recovery of a salary assigned to him by the Bishop without the consent of the Incumbent, where the Incumbent is resident on his benefice and discharges the duties generally; that section relates only to licences granted and salaries assigned in conformity to the Act, and the Bishop has no power to assign the salary of a Curate of a resident Incumbent, without the consent of the Incumbent. Rex v. the Bishop of Peterborough, 3 Barn. and Cress. 47. Gates v. Chambers, 2 Add. 115. n. |