RESIDENCE. 



thereof, to be by them dcpofited in the parilh chefl ; and a 

 copy of the fame (hall likewife be read at the vifitation of the 

 archdeacon, f. 22. 



Provided, that during the vacancy of any fee, the power 

 of granting licences under this aft (hall be exercifed by the 

 vicar-general of the diocefe ; and that during the abfence of 

 any prelate out of the realm, or fuch infirmity as dilables 

 <rom exercifing in perfon the funftions of his office, it 

 (ball be exercifed by fuch perfon or perfons as is or are law- 

 ( 'illy empowered to exercile his general jurifdiftion in the 

 diocefe. f. 28. 



And nothing in this aft (ball exempt any perfon or perfons 

 from a;iy canonical or eccleiiaftical cenfures, or afleft any 

 proceedings in any ecclefiadical court, in relation to non-re- 

 fidence, not being duly licenfed according to the provifions 

 of this aft, to be abfent therefrom, nor having any other 

 lawful caufe of abfence ; provided no fuch cenfures, by rea- 

 fon of any non-reildence, not exceeding three months in any 

 one year, (ball be put in force at the fuit or indance of any 

 perfon or perfons other than the archbifhup, bifhop, or arch- 

 deacon, f. 29. 



In every cafe in which it (hall appear to any bifliop or arch- 

 bitbop, that any fpiritual perfon, not being licenfed accord- 

 ing to this aft, nor having any other lawful caufe of ab- 

 fence. does not fufficientlv reiide, it (ball be lawful for fuch 

 bilhop or archbifhop to iflue a monition to fuch fpiritual per- 

 fon, to refide thereon, and to make a return to fuch monition 

 within a certain number of days after the ifluing thereof; fo 

 is that there (hall be thirty days between the time of exe- 

 cuting fuch monition, and the time fpecified for the return 

 thereto ; and it (ball be lawful for the bilhop or archbifhop 

 to whom any fuch return (lull be made, to require inch re- 

 turn to be verified by the oath of fuch fpiritual perfon, or 

 others ; and where no fuch return (hall be made, or where 

 Inch return (hall not be deemed fatisfaftory, it (hall be law- 

 ful for fuch bifliop or archbifhop to iflue an order to require 



pences occafioned by the appeal : provided alfo, that no fuch 

 order for any fequedration (hall be put in force during fuch 

 appeal, f. 30. 



Perfons who (hall return to refidence on monition, (hall 

 pay the cods. f. 31. 



[f any perfon, returning to refidence on monition, (hall 

 before fix month's thereafter abfent hinuelf, the bifliop 

 may, without monition, fequeftrate the profits of the bene- 

 fice, f. 32. 



And if any clerk (hall continue under any fequedration 

 for non-refidence for the fpace of three years, or (ball in- 

 cur three fequedrations in the faid fpace of three years, 

 not being relieved with refpeft to any of fuch fequedra- 

 tions, upon appeal, the benefice (ball become ipfo facie 

 void, and the patron or perfon entitled to prefent or no- 

 minate fome clerk thereto, other than the clerk who (ball 

 have fo continued under fuch fequedration or fequeitrations. 



Provided, that if an aftion be brought before the ifTuing 

 of the monition, the bifliop or archbifhop fball retain out 

 of the profits of the benefice fufficient to fatisfy the penalty 

 and colts ; but if at the time of filing the monition, no ac- 

 tion thall have been commenced, none fhall be brought after- 

 wards-. 1. 30. 



But nothing in this aft contained fliaiL affect his majef- 

 ty's royal prerogative in the granting of difpenfations for 

 non-refidence, nor any privilege of clerks retained in his 



majelty's fcrvice under the datute 9 Edward II. c. 8. 



f. 40. 



No archbifhop or bifliop having any dignity, prebend, 

 benefice, donative, or perpetual cure, (hall, by reafon of non- 

 refidence, be fubjeft or liable to any penalties or forfeitures. 

 f. 41. 



By 54 Geo. III. c. 175. bifhops are empowered to punifli 

 pall non-refidence by monition and fequedration, as well as 

 to compel refidence in future, ar.d to exercife the fame 



fuch perfon to proceed to and refide, within thirty days after powers of remitting or ordering the repayment of any part 

 fuch order fhall have been delivered ; and in cafe of non-com. 

 pliance, to fequeder the profits of fuch benefice, donative, 

 perpetual curacy, or parochial chapelry of fuch fpiritual per- 

 fon, and to direct the application »f fuch profits, after de- 

 ducting the neccflary expences of ferving the cure, to the 

 payment of fuch expences as fhall have been incurred in rela- 

 tion to fuch monition and fequedration, and in the next place, 

 towards the augmentation or improvement of any fuch par- 

 fonage, vicarage, donative, or perpetual curacy, or the 

 houfe of refidence, or any of the buildings and appurte- 

 nances, or any of tin- glebe or demefne lands; or may order 

 and direft the fame, or any portion thereof, to be paid to the 

 governors ot the bounty of queen Anne, to be applied as 

 fuch bifliop or archbifhop lhall in his difcretion think fit ; 



of fuch penalties as is directed or allowed in 43 Geo. III. 

 c. 84. Perfons may appeal, as under the lad cited aft, and 

 penalties may be remitted ; nor are penalties recoverable for 

 more than one year. This datute repeals the provilion of the 

 former act 43 Geo. III. as to perfons neglecting to notify the 

 caufe of exemption from refidence, for which it is not ne- 

 celiary to obtain a licence, and enafts that a perfon charge- 

 able with fuch negleft fhall forfeit and pay for fuch offence 

 the fumof 20/. to be levied by fequedration, if not other- 

 wife paid after monition, to be applied as the archbifhop or 

 bifliop of the diocefe to whom the notification ought to have 

 been made fhall direct, who poflefles the power of remitting 

 or ordering the repayment of any part ot fuch penalties, as 

 is allowed in the faid aft, in cafes of non-compliance with an 



and it fhall alio be lawful for any fuch bifhop or archbifhop, order for refidence. A perfon who has no houfe of refidence, 



within fix months after fuch order for lequellration, or with 

 in fix months after any money fhall have been aftually levied 

 by fuch fequedration, to remit to any fuch fpiritual perfon 

 any part of fuch profits, or caufe the lame or any part 

 thereof that (hall have been paid to Inch governors of queen 

 Anne's bounty, to be repaid to fuch lpintual perfon, in anv 

 cafe in which) by reafon of the fublequent obedience of any 

 Inch fpiritual perfon, Inch bifliop or archbifhop fhall think 

 the fame proper: provided, that when any fuch fpiritual 

 perfon fhall think himlelf aggrieved by reafon of any fuch 

 fequeftration, it fhall be lawful for any fuch fpiritual perfon 

 to appeal to the archbifhop, who (lull make fuch order as 

 fhall be juit and proper: provided, that the party (o appeal- 

 ing (hall give fecurity to the bifliop for the payment of ex- 



but who fhall have relided nine mouths in the year within the 

 limits of his benefice, donative, perpetual curacy, or paro- 

 chial chapelry, lhall not be liable to any penalties on account 

 of non-refidence, nor be obliged to take out any licence for 

 it ; but the fame fhall be deemed a legal refidence ; and in all 

 returns made by the bifhops, perfons lo rriidmg lhall be re- 

 turned as relident. It is enacted alio, that houfes purehafed 

 by the governors of queen Anne's bounty, though not 

 lituatcd within the paiilhes tor which they are purehafed, 

 nail be deemed residences ; and in all cafes of firiecure rec- 

 tonis having vicarages endowed, the refidence of the vicar in 

 the rcftory houle lhall be deemed a lullicient legal re- 



fidence. 



For leafes of noo-refideuts, fie Lkane. 



