No. 1. place or places except at some other benefice, donative, per- PART I. petual curacy, or parochial chapelry of which he may be CLASS 1. possessed, shall, when such absence shall exceed such period Stat. 57 as aforesaid, and not exceed six months, forfeit and pay one G. 3. c. 99. third of the annual value (deducting therefrom all outgoings, except any stipend paid to any Curate) of the benefice, donative, perpetual curacy, or parochial chapelry from which he shall so absent himself as aforesaid; and when such absence shall exceed six months, and not exceed eight months, one half of such annual value; and when such absence shall exceed eight months, two thirds of such annual value; 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, bill, plaint, or information in any of his Majesty's Courts of Record at Westminster, or the Courts of Great Sessions in Wales, wherein no essoign, privilege, protection, or wager of law, or more than one imparlance, shall be allowed; and the whole of every such penalty or forfeiture shall go and be paid to the person or persons who shall inform and sue for the same, together with such costs of suit as shall be allowed, according to the practice of the court in which such action shall be brought. VI. And be it further enacted, That every spiritual per- Where no son having any benefice, and who shall not have any house house belonging to of residence thereon, and who shall have resided nine the benemonths in the year within the limits of his benefice, or fice, &c. within the limits of the city, town, place, or parish in which within the his benefice may be situated, provided such last-mentioned limits of residence be within the distance of two miles from the parish, &c. church or chapel of his benefice, shall not be liable to any penalties on account of non-residence, nor be obliged to dence. take out any licence in respect thereof, but that the same shall be deemed a legal residence to all the intents and purposes of this Act; and in all returns made by the Bishops, persons so residing shall be returned as resident. deemed le gal resi Anne's VII. And whereas the Governors of Queen Anne's Bounty Houses have in some instances purchased and may hereafter pur-by Governpurchased chase houses not situate within the parishes for which they ors of are purchased, but so contiguous as to be sufficiently conve- Queen nient and suitable for the residence of the officiating MinBounty to isters thereof; be it therefore enacted, That such houses, be deemed having been previously approved by the Bishop by writing residences. under his hand and seal, and duly registered in the registry of the diocese, shall be deemed houses of residence appertaining to such benefices to all intents and purposes whatsoever. VIII. And be it further enacted, That in all cases of Rectories having vicarages endowed. H 2 No. 1. PART I. rectories having vicarages endowed, the residence of the CLASS I. Vicar in the rectory house shall be deemed a legal residence Stat. 57 to all intents and purposes whatever; provided that the G. 3. c. 99. vicarage house be kept in proper repair, to the satisfaction of the Bishop. Power in to allow any fit IX. And be it further enacted, That it shall be lawful the Bishop for the Bishop, in every case in which there shall not be a house of residence belonging to any benefice within his diohouse be- cese, to allow and adjudge any fit house within the limits of longing to such benefice, and belonging thereto, or any fit house bethe preferment, to be longing thereto not within the limits, but so contiguous as a house of to be sufficiently convenient for the purpose, to be the house residence. of residence thereof; and such allowance and adjudication Certain empted from pe non-residence. in writing under the hand and seal of such Bishop shall thereupon be registered in the registry of the diocese from time to time; and such house shall thenceforth be deemed the house of residence for the time being to all intents and purposes whatsoever. X. And be it further enacted, That no spiritual person, persons ex-being Chancellor, Vice-Chancellor, or Commissary of either of the Universities of Oxford or Cambridge, or being Warnalties for den, Dean, Provost, President, Rector, Principal, Master, or other Head Ruler of any college or hall within the said Universities, and no spiritual person having or holding any professorship, or any public readership in either of the said Universities, being actually resident within the precincts of the University, and reading lectures therein; and no Scholar under the age of thirty years, abiding for study without fraud at either of the said Universities; and no Chaplain of the King's or Queen's most excellent Majesty, or of any of the King's or Queen's children, brethren, or sisters, during so long as he shall actually attend in the discharge of his duty as such Chaplain in the household to which he shall belong; and no Chaplain of any Archbishop or Bishop, or of any Temporal Lord of Parliament, or of any other person or persons authorized by law to appoint any Chaplain or Chaplains, during so long as such Chaplain or Chaplains shall abide and dwell and daily attend in the actual performance of his duty as such Chaplain in the household to which he shall so belong; and no spiritual person actually serving as a Chaplain of the House of Commons, or as Clerk of his Majesty's Closet, or as a Deputy Clerk thereof, or a Clerk of the Closet of the Heir Apparent, or as a Deputy Clerk thereof, or as a Chaplain General of his Majesty's forces by sea or land, or Chaplain of his Majesty's dock yards, while such spiritual person shall be actually No. 1. attending and performing the duties of such office respect- PART 1. ively; or as a Chaplain in the household of any British CLASS I. Ambassador residing abroad, during the time of his per- Stat. 57 forming the duties of such his office; or as Chancellor or G. 3. c. 99. Vicar General, or as Commissary, whilst exercising the du-" ties of their offices respectively; or as an Archdeacon while upon visitations, or otherwise engaged in the exercise of his functions; and no spiritual person being a Minor Canon, or Vicar Choral, or Priest Vicar, or any such other public officer, in any cathedral or collegiate church, during the times for which such spiritual person shall actually reside within the precincts of the cathedral or collegiate church to which he shall belong, or within the city or town in which the said cathedral or collegiate church is situate, or the suburbs thereof, and shall actually perform the duties of his office; or as a Dean or Subdean, or Priest or Reader in any of his Majesty's royal chapels at Saint James's or Whitehall, or as a Reader in his Majesty's private chapels at Windsor or elsewhere, whilst residing and actually performing the duty of any such office respectively; or as a Preacher in any of the Inns of Court, or at the Rolls; or as Bursar, Treasurer, Dean, Vice-President, Subdean, or Public Tutor or Chaplain, or other such public officer, in any college or hall in either of the Universities of Oxford or Cambridge, during the period for which he may respectively be required, by reason of any such office, to reside and perform the duties of any such office, and actually shall reside and perform the duties of the same; or as Public Librarian or Public Registrar or Proctor, or Public Orator, or other such public officer, in either of the said Universities, during the period for which he may respectively be required by reason thereof to reside and perform the duties of any such office, and actually shall reside and perform the duties of the same; or as Fellow of any college in either of the Universities, during the time for which he may be required to reside by any charter or statute, and shall actually reside therein; or as Warden, Provost, or Fellow of Eton or Winchester College, or the Master of the Charter House, during the time for which he may be required so to reside, and shall actually reside therein respectively; or within the city or town or suburbs of the city or town within or near to which the said colleges are respectively situate; or as a Master or Usher in the said colleges of Eton or Winchester, or as a Master or Usher of Westminster School, or as Principal or Professor of the East India College; or who shall be specially exempt from resi No. 1. PART 1. dence under the provisions of any Act or Acts of Parlia CLASS I. ment not repealed by this Act, shall be liable to any of the Stat: 57 pains, penalties, or forfeitures in this Act contained, for or G. 3. c. 99. on account of any non-residence, during any such period as aforesaid, on any benefice; but every such spiritual person shall, with respect to residence under this Act, be entitled to account such period as if he had legally resided on some other benefice; any thing in this Act contained to the contrary notwithstanding a. Dignitaries cathedral XI. And be it further enacted, That it shall be lawful residing at for any spiritual person being Dean, during such time as he churches shall reside upon his deanery, or being Prebendary or Cafor certain non, or holding any other dignity or dignities in any caperiods, thedral or collegiate church or churches, who shall reside exempted. any period not exceeding four months altogether within the which the year upon such dignity or dignities, to account such resiProvision dence as if he had legally resided on some benefice: Profor cases in vided always, that it shall be lawful for any spiritual peryear of re- son having or holding any prebend, canonry, or dignity in sidence at any cathedral or collegiate church, in which the year for cathedrals the purposes of residence is accounted to commence at any commences other period than the first of January, and who may keep period than the periods of residence required for two successive years at the 1st of such cathedral or collegiate church, in whole or in part, January. between the first of January and the thirty-first of December at anyother period, if it. in any one year, to account such residence, although exceeding four months in the year, as reckoned from the first of January to the thirty-first of December, as if he had legally resided on some benefice; any thing in this Act contained to the contrary notwithstanding. Bishop may XII. And be it further enacted, That it shall be lawful license for for the Bishop of the diocese in which any benefice shall be a longer locally situate to license any longer period of non-residence the duties upon any such benefice of any Prebendary, Canon, or other of a cathe person holding any dignity in any cathedral or collegiate dral require church, in any case in which it shall appear to such Bishop, from his own knowledge, if such cathedral or collegiate church is locally situate within his own diocese, or if not, by the certificate of the Bishop of the diocese in which the cathedral or collegiate church shall be locally situate, to be required for the performance of any duties in any such cathedral or collegiate church; provided that every such spiritual person shall during such period reside on such prebend, canonry, or dignity. The principles of the preceding sections relating to residence are borrowed originally from stat. 21 Hen. 8. ch. 13. sect. 26, 28. and stat. 28 Hen. 8. ch. 13. CLASS I. No. 1. XIII. Provided always, and be it further enacted, That PART I. no spiritual person appointed to any prebend, canonry, or dignity in any cathedral or collegiate church before the Stat. 57 passing of this Act, shall be subject to any penalty or for- G. 3. c. 99. feiture for non-residence upon any benefice during the pe- Proviso for riod of his actually residing upon such prebend, canonry, or Prebendadignity. ries, &c. before this residence exemp XIV. And be it further enacted, That every spiritual appointed person having any house of residence upon his benefice, who Act. shall not reside thereon, shall, during such period or periods Persons of non-residence, whether the same shall be for the whole or having part of any year, keep such house of residence in good and house of sufficient repair; and that every such spiritual person who on their shall not keep such house of residence in repair, and who benefice to shall not, upon monition issued by the Bishop of the diocese forfeit the in which the same shall be locally situate, put the same in tion, if repair, according to the requisition of such monition, within house not the time specified therein, to the satisfaction of the Bishop kept in reof the diocese, and to be certified to the Bishop upon such pair. survey and report as shall be required by the Bishop in that behalf, shall be liable to all penalties for non-residence, notwithstanding any exemption or licence, during the period of such house of residence remaining out of repair, and until the same shall have been put in good and sufficient repair, to the satisfaction of the Bishop of the diocese. licences for cases enu. XV. And be it further enacted, That from and after the Bishop passing of this Act it shall be lawful for any Bishop, upon may grant application made for that purpose, by petition in writing, non-t by any spiritual person, or by any fit and proper person dence in on behalf of any spiritual person having or holding any certain benefice locally situated within his diocese, upon such proofs merated. as to any facts stated in any such petition as any such Bishop may think necessary, and shall require by affidavit made before any Ecclesiastical Judge or his Surrogate, or any Justice of the Peace or Magistrate, or any Master Extraordinary in Chancery (which oath any such Ecclesiastical Judge or Surrogate or Justice of the Peace or Magistrate, or Master Extraordinary in Chancery, is hereby authorized and required to administer), to grant in such cases as are in this Act enumerated, in which, upon due consideration of all the circumstances stated in any such application, and verified to the satisfaction of the Bishop as aforesaid, such Bishop shall in his discretion think it fit to grant the same, a licence in writing under his hand, expressing the cause of granting the same to such spiritual person to reside out of the parish, or out of the proper house of residence of his benefice, for the purpose of exempting such |