No. 27. a Stipend to Cu twenty Pounds per Annum, to be paid or answered at such Times as 'he should think fit, by such Rector or Vicar to such Curate, for his 36 Geo. III. c. 83. 'Support and Maintenance; and if it should appear to the Bishop or 'Ordinary, upon Complaint or otherwise, that any Curate of such 'Rector or Vicar, licensed or admitted before the twenty-ninth of 'September One Thousand Seven Hundred and Fourteen, had not 'a sufficient Maintenance, it should be lawful for the said Bishop or 'Ordinary to appoint him a certain Stipend or Allowance in like 'Manner as before mentioned; and in case any Difference shall arise between any Rector or Vicar and his Curate, touching such Stipend or Allowance, or the Payment thereof, the Bishop or Ordinary, on Complaint to him made, should summarily hear and determine the 'same; and in case of Neglect or Refusal to pay such Stipend or Al'lowance, might sequester the Profits of such Benefice for and until Payment thereof: And whereas in many Places the Provision made, in and by the said Statute, for the Support and Maintenance of 'such Curate, is now become insufficient ;' be it enacted by the King's Bishop or Ordimost Excellent Majesty, by and with the Advice and Consent of the nary may appoint Lords Spiritual and Temporal, and Commons, in this Parliament rates. of 751. per assembled, and by the Authority of the same, That it shall and may Aunum, with the be lawful for the Bishop or Ordinary to appoint, under his Hand Use of the Parand Seal, any Stipend or Allowance for any Curate heretofore nomi- certain Case, or an tated or employed, or hereafter to be nominated or employed, not Allowance for it. reading seventy-five Pounds per Annum, over and besides, on Livings where the Rector or Vicar does not personally reside four Months in the Year at least, the Use of the Rectory or Vicarage House, and the Garden and Stable thereunto belonging, such Use to be granted to the said Curate for the Space of twelve Calendar Months by the Authority of the Bishop or Ordinary, under his Hand and Seal, with Power in the said Bishop or Ordinary to renew the Grant from Time to Time, or a further Sum not exceeding fifteen Pounds per Annum, in lieu of such House, Garden, and Stable, in case there shall be none such, or it shall appear to the Bishop or Ordinary not to be convenient to allot and assign the same to such Curate; which said Stipend or Stipends shall be paid and recovered in such and the same Manner as the Stipend payable under and by virtue of the said recited Act: Provided always, That the said House, Garden, and Stable shall be for the Use of the said Curate and his Family only during his actual Residence in the said Rectory and Vicarage House. sonage House in a voked. II. Provided also, and be it further enacted, That the Bishop The Grant of the or Ordinary shall have Power, at any Time, under his Hand and Seal, House may be re to revoke the frant to the said Curate of the said House, Garden, and Stable, or any of them; and also to insert in such Grant such Terms and Conditions to be observed on the Part of the Curate as he shall think reasonable; and also that the Curate shall peaceably deiver up the Possession of the Premises granted to him at the Expira tion or other sooner Determination of the Grant thereof; and in case Penalty on not de he shall refuse so to do, he shall forfeit and lose to the Rector or livering it up. Vicar all such Parts of his Stipend as shall then be unpaid, or shall thereafter become due, and also the Sun of fifty rounds to such Rector or Vicar, and which shall be recoverable in an Action of Debr. c. 19. III. And whereas by an Act, passed in the first Year of his 1 Geo. I. stat. 2. late most gracious Majesty 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, should be from thenceforth perpetual Cures and Benefices: And whereas it is expedient that such augmented Churches, Curacies, and Chapels P No. 37. should be subjected to the same Rules as Benefices, with respect to 30 Geo III. c. 83. * the Avoidance of other Benefices;' be it further enacted, That such augmented Churches, Curacies, and Chapels shall be considered in Churches aug Law as Benefices presentative, so as that the Licence thereto shall mented by Queen operate in the same Manner as Institution to such Benefices, and Anne's Bounty, to be deemed Bene- shall render voidable other Livings, in like Manner as Institution to fices presentative, the said Benefces; and that it shall be lawful for the Bishop or and the officiating Cute Dy have Ordinary, within whose Jurisdiction such augmented Church, Curacy, or Chapel shall lie, to appoint, under his Hand and Seal, any Stipend or Allowance for the officiating Curate to be nominated or employed by the perpetual Curate or Incumbent thereof, not exceeding seventy-five Pounds per Annum, for which Payment the said a like Stipend. Benefices held with augmented by the present In Cures to be held cumbents. Bishop or Ordi rary may appor tion the Stipend rates of perpetual to officiating Cu mented. Curate shall have the same and like Remedies as are herein before given to the Curates of Rectors and Vicars. And IV. And whereas Doubts have been lately entertained, whether the Acceptance of such augmented Churches, Curacies, and Chapels has rendered violable in Law such other Benefices as the Incumbents possessed before their Acceptance of the same: whereas it is fit that many Incumbents who have accepted such Churches, Curacies, and Chapels, should be quieted in the Possession of the Benefices they enjoyed before the Acceptance of the same; it is hereby enacted and declared, That all such Benefices as were held in Conjunction with augmented Cures before the passing of this Act, shall continue to be held by the present Incumbents therewith; and that it shall not be lawful to present to the said Benefices until they shall become void or voidable by Death or Cession, or by other lawful Cause of Avoidance, arising after the passing of this Act. V. And whereas many perpetual Curacies, although not augmented by the Bounty of Queen ANNE, have nevertheless become considerable in Value by the Improvement of the Tythes or Glebe of which they happen to be endowed, or by other CircumCuracies not augstances; be it further enacted, That the Bishop or Ordinary within whose Jurisdiction they lie, shall have the like Power, and under the like Limitations, and with the like Remedies, in apportioning the Stipends to be paid to the said officiating Curates by the Curates or Incumbents of perpetual Curacies, as is herein-before given respecting the Appointment of the Stipends to the Curates employed in perpetual Cures augmented. Nomination shall VI. Ordinary may liAnd whereas it is expedient that the Authority of Ordinacense Curates em-ries to licence Curates, and to remove licenced Curates, should be ployed, though no further explained, enlarged, and confirmed;' be it enacted and dehave been made to clared, That it shall be lawful for the Ordinary to licence any Curate him by the Incum who is or shall be actually employed by the Rector, Vicar, or other bent, and may te- Incumbent of any Parish Church or Chapel, although no express subject to Appeal Nomination of such Curate shall have been made, either in Words or to the Archbishop in Writing, to the Ordinary by the said Rector, Vicar, or other voke any Licence, of the Province. Incumbent; and that the Ordinary shall have Power to revoke,_summarily and without Process, any Licence granted to any Curate employed within his Jurisdiction, and to remove such Curate. for such good and reasonable Cause as he shall approve; subject, nevertheless, to an Appeal, as well in the Case of a Grant of a Licence to a Corate who has not been nominated, as in the Revocation of a Licence granted to a Curate; such Appeal to be made, in either Case, to the Archbishop of the Province, and to be determined in a summary Manner. No. 28. 43 Geo. III. c. 84.-An Act to amend the Laws relating THEREAS many of the Provisions of an Act, made in the 43 Geo. UI c. 84. his Majesty King HENRY 1 H. VIII. c. 15 the Eighth, intituled, Spiritual Persons abridged from having Pluralities of Livings, and from taking of Ferms, &c. and other the Laws now in Force relating to Spiritual Persons residing on 'their Benefices, have been found inconvenient; and it is expedient 'that certain of the Provisions of the said Act should be repealed, 'and that other Provisions should be made in lieu thereof, and that 'the said Act and Laws aforesaid should be amended, and more 'effectual Provisions made for enforcing the Residence of Spiritual 'Persons on their Benefices, and protecting Spiritual Persons from vexatious Prosecutions:' may it therefore please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, from and after the passing Spiritual Persons of this Act, every Spiritual Person who shall before the passing of against whom Lo this Act, have incurred any pecuniary Penalty or Penalties, or any been brought un Forfeiture or Forfeitures under the said recited Act, for or in Respect der rented Act inof Non-residence or farming of Lands, and against whom no Action, tracts which would Suit, Bill, Plaint, or Information, shall have been brought in Respect be good after pasthereof under the said Act, shall be, and is hereby indemnified, freed, sing this Act, va. and discharged from the same, any Thing in the said recited Act to ing recited Act. the contrary thereof notwithstanding; and all Contracts, Agreements, and Leases, made by Words, or otherwise, before the passing of this Act, by any Spiritual Persons, either by himself or any other to or for his Use, which if made after this Act would, according to the Provisions thereof, be good and valid, shall, notwithstanding the said recited Act, or any Act, or Law or Laws to the contrary, be and be. deemed to be as good and valid in the Law, to all Intents and Purposes, as if the same had been made after the passing of this Act. Action shall have demnified, & Con lid, notwithstand or to a Judge, if II. And be it further enacted, That, immediately from and after Persons sued unthe passing of this Act, it shall be lawful for any Person or Persons der recited Act, against whom any original Writ, Suit, Action, Bill, Plaint, or In- may apply to the formation, shall have been sued out, commenced, or prosecuted, Cout, if sittinge before the passing of this Act, for any pecuniary Penalty or Penalties, not setting, to stay or any Forfeiture or Forfeitures incurred or alleged to be under the Proceedings upon said recited Act, to apply to the Court in which such original Writ, certain Condrous, Suit, Action, Bill, Plaint, or Information, shall have been sued out, commenced, or prosecuted, if such Court shall be sitting, or to any Judge of any such Court when not sitting, for an Order that such Writ, Suit, Action, Bill, Plaint, or Information, shall be discontinoed, upon Payment of the Sum of ten Pounds in every Case where Verdict shall be obtained, together with the Costs; and where no Verdict shall have been obtained, upon Payment of the Costs incurred up to the Time of such Application being made, all such Costs to be faxed as between Attorney and Client, according to the Practice of such Court, and every such Court or Judge is hereby authorized and • Provisions respecting the Residence of the Clergy in Ireland, similar to those of this Statute, are contained in stat. 48 Geo. III. c. 66. proceed, notwith or 41 Geo No. 28. required, upon such Application, to make such Order as aforesaid; 43 Geo. III. c. 84 and upon the making such Order, and Payment of such Costs as aforesaid, such Writ, Suit, Action, Bill, Plaint, or Information, Till such Applica. shall be forthwith discontinued; and in every Case, until such tion Actions may Application shall be made as aforesaid, it shall be lawful for the standing this Act, Plaintiff or Plaintiffs, in any such original Writ, Suit, Action, Bill, I Plaint, or Information, to proceed therein as if this Act, or an Act, passed in the forty-first Year of the Reign of his present Majesty, intituled, An Act to stay, until the twenty-fifth Day of March, One Thousand Eight Hundred and Two, Proceedings in Actions under the Statute of King HENRY the Eighth, for abridging Spiritual Persons from having Pluralities of Livings, and from taking of Ferms, had not been passed; any Thing in this Act, or the said last recited Act, or in any other Act or Acts continuing the same, to the contrary thereof notwithstanding. (U K.) c. 102, &c. Court or Judge o der may Suit commenced, be discontinued. III. Provided nevertheless, That in all cases in which any such Writ, Suit, Action, Bill, Plaint, or Information, shall have been On or subsequent sued out or commenced at any Time on or subsequent to the first to July 1, 150, to Day of July One Thousand Eight Hundred and One, it shall be competent to such Court or Judge as aforesaid, to make such Order as as aforesaid for discontinuing the same, without Payment of any Costs; and upon making such Order, such Writ, Suit, Action, Bill, Plaint, or Information, shall be forthwith discontinued. of the Bishop take Ferms. IV. And be it further enacted, That, from and after the passing Spiritual Persons of this Act, it shall be lawful for any Spiritual Person to take to farm may take Houses, &e though not in to himself, or to any Person or Persons to his Use, by Lease, Grant, a City, & and Words, or otherwise, for Term of Life, for Term of Years, or at such as have not sufficient Gibe, Will, any Messuage, Mansion, or Dwelling-House, with or without my by Consept Orchards, Gardens, and other Appurtenances, although not in any City, Borough, or Town, any Thing in the said recited Act, or any other Act to the contrary thereof notwithstanding; and it shall also be lawful for any Spiritual Person having or holding any Donative, Perpetual Curacy, or Parochial Chapelry, not having any sufficient or convenient Glebe or Demesne Lands annexed to, or in Right of, or by reason of his Benefice or Cute or Chapelry, or for any Stipendiary Curate, or any unbeneficed Spiritual Person, with the Coasent or Approbation of the Bishop of the Diocese, signified in Writing, to take to ferm to himself, or to any Person or Persons to his Use for a limited Term of Years, any Farm or Farms, Lands, Tenements, or Hereditaments, that may, under all the Circumstances, appear to such Bishop proper to be taken, held, or occupied by any such Spiritual Person, for the Convenience and Accommodation of his Household and Hospitality only, without being subject or liable to any Pains, Penalties, or Forfeitures, under the said first-recited Act or any other Act by reason thereof, any Thing therein contained to the contrary notwithstanding: Provided always, that nothing herein contained shall extend, or be construed to extend, to authorize any : Non-residence of any such Spiritual Person as aforesaid. May hold Estates V. And be it further enacted, That, from and after the passing as Property, but of this Act, it shall be lawful for any Spiritual, Person or Persons, not any Firm for Cultivation, unless by himself or themselves, or any other to his or their Use, to have, Lease hold, use, or occupy in Ferm, any Manors, Lands, Tenements, or granted on or be Hereditaments, demised, leased, or granted to such Spiritual Person or by Conset of ar Persons, as the Property or Estate of such Spiritual Person or the B shop. under a fore Jau 1, 1803, Persons; or to take, purchase, receive, or hold, as the Property and Estate of such Spiritual Person, any Lease or Leases for Life or Lives, or for Term or Terms of Years, absolute or determinable on any Life or Lives, or to take any annual Rent, or other annual Advantage or Profit by Occasion of any Lease or Ferm of any Manors, No. 28. Lands, Tenements, or Hereditaments, the Property or Estate of any such Spiritual Person or Persons belonging to him or them, either 43 Geo. III c 84, in bis or their own Right, or in the Right of any other Person or Persons, or in Right or by Reason of his or their having or holding any Spiritual Dignity or Benefice, or so taken, purchased, received, or held as aforesaid, as the Property or Estate of such Spiritual Person, without being subject to any Pains, Penalties, or Forfeiture whatever, under the said first-recited Act, or any other Act, any Thing therein contained to the contrary thereof notwithstanding: Provided always, that nothing herein contained shall extend, or be construed to extend, to authorize any Spiritual Person, having or holding any Dignity, Prebend, Benefice, Donative, Perpetual Curacy, or Parochial Chapelry, or serving a Stipendiary Curacy, to take, receive, or hold any such Manors, Lands, Tenements, or Hereditaments, after the passing of this Act, for the Purpose of occupying or to occupy the same, for the Cultivation thereof, or procuring Profit therefrom, by himself or any Bailiff or Bailiffs, or Servant or Servants for his Use, unless the same shall have been taken, received, or holden under a Lease granted to such Person on or before the first Day of January One Thouand Eight Hundred and Three, or unless by the Consent or Approbation of the Bishop as aforesaid, signified in Writing. Farms. VI. And be it further enacted, That from and after the passing May buy or sell of this Act, it shall be lawful for any Spiritual Person, by himself, Cattle or Com for or by any other for him or to his Use, to bargain, and buy or sell the Occupation of again for any Lucre, Gain, or Profit, any Manner of Cattle or Corn that may be necessary, proper, or convenient to be bought, sold, kept, or maintained by such Spiritual Person, or any other Person for him or to his Use, for the Occupation, Manuring, Improving, Pasturage, or Profit of any Farms, Lands, Tenements, or Hereditaments, that may under and by virtue of any Law or Laws now in Force, or under any of the Provisions of this Act be lawfully held and occupied, possessed, or enjoyed, by such Spiritual Person, or any other for him or to his Use, without being subject to any Pains, Penalties, or Forfeitures, by reason thereof, under the said first-recited Act, or any other Act, or any Thing therein contained to the contrary thereof notwithstanding: Provided always, that nothing in this Act contained shall extend, or be construed to extend, to authorize any such Spiritual Person to buy or sell any Cattle as aforesaid, or Corn, in Person, in any Market, Fair, or Place of public Sale. of the Impropriate VII. And be it further enacted, That, from and after the passing Vicars or Curates of this Act, it shall be lawful for any Spiritual Person having or may take Leases holding any Vicarage or Perpetual Curacy, or for the Stipendiary Paisonages of their Curate thereof respectively, to occupy by himself or by any other to Parises; his Use in Ferm, of the Lease or Grant of any Person or Persons, the Impropriate Parsonage, Rectory, or Vicarage respectively, of the Parish of which such Spiritual Person shall be the Vicar, or Perpetual Curate, or Stipendiary Curate, or any Part or Parts thereof repectively, or to take any Profit or Rent out of any such Farm, without being subject to any Pains, Penalties, or Forfeitures, by Means thereof, under the said first-recited Act; any Thing therein contained to the contrary thereof notwithstanding. but where n't c fore passing this VIII. Provided nevertheless, That in such Cases in which such Impropriate Parsonage, Rectory, or Vicarage, or snch Part or Parts cupid by a Spithereof as shall be so occupied as aforesaid, shall not at any Time ritual Person be before the passing of this Act, have been so occupied by the same, or Act, the Lience any other such Spiritual Person as aforesaid, such Person shall remain or he Bishop ne hable to such Pains, Penalties, and Forfeitures, unless he shall have cessary. obtained the Licence of the Bishop for so occupying the same. |