with the officiating minister or one of the church-wardens, and also a copy thereof at the house of residence, if any such there be, belonging to such benefice,) and the time Copy thereof to specified in such monition for the return thereto; and a de filed. copy of every such monition shall, immediately on the issuing thereof, be filed in the registry of such bishop's court, and shall be open for inspection on payment of 3s. ; and the person to whom any such monition shall be sent shall, within the time specified for that purpose, make a return thereto into such registry, to be there filed; and it Return to be shall be lawful for the bishop to require such return, or any on oath if so fact contained therein, to be verified by the oath of such required.

made, and up

spiritual person, or others, to be taken before some surrogate, or justice of the peace, or master extrordinary in chancery, which oath they are respectively required to administer; and where no such return shall be made, or where such return shall not state such reasons as shall be deemed satisfactory by such bishop for the non-residence of such spiritual person, or where the same, or any of the facts contained therein, shall not be so verified when required, then it shall be lawful for such bishop to issue an order in writing under his hand and seal, to require such person to reside as aforesaid, within 30 days after such order in writing, or a copy thereof, shall have been delivered or left, in like manner as is herein-before required as to monitions; and in case of non-compliance, it shall be lawful for such bishop to sequester the profits of such bemade, or be not nefice, until such order shall be complied with, or such satisfactory, sufficient reasons for non-residence stated and proved as

I return be not

bishops may se

unless monition

quester benefice aforesaid; and to direct, by any order under his hand, complied with, and filed as aforesaid, the application of such profits, after application of deducting the necessary expenses of serving the cure,

and direct the

profits.

either in the whole, or in such proportion as he shall think fit, in the first place, to the payment of such reasonable expenses as shall have been incurred in relation to such monition and sequestration, and in the next place towards the augmentation or improvement of any such benefice, or the house of residence thereof, or any of the buildings and appurtenances thereof, or towards the improvement of

any

"

Appeal against

any of the glebe or demesne lands thereof, or to order the same, or any portion thereof, to be paid to the governors of the bounty of queen Anne, for the augmentation of the maintenance of the poor clergy, to be applied for the purposes of such augmentation, as such bishop shall think fit; and it shall also be lawful for any such bishop, within: 6 months after such order for sequestration, or within; 6 months after any money shall have been actually levied by such sequestration, to remit any part of such sequestered profits, or cause the same, or any part, thereof that shall have been paid or directed to be paid to the governors of queen Anne's bounty, to be repaid to such spiritual person, which repayment the said governors shall, upon an order under the hand of any such bishop, make out of any money then in their hands, or out of the next money that shall come to their hands, in any case in which, by reason of the subsequent obedience of any such spiritual person to any such monition or order, or the stating and: proving such sufficient reasons as aforesaid, such bishop' shall think the same proper: provided that when any such spiritual person shall think himself aggrieved by reason of sequestration any such sequestration issued by any bishop, it shall be me archbishop lawful for such person, within one month after the order' for sequestration, to appeal to the archbishop of the province, who shall, forthwith, either by himself, or some commissioner or commissioners appointed from among the bishops of his province under his hand and seal, make or cause to be made due inquiry into the same, and make such order therein or as to the profits so sequestered, for the return to such person of the same or any part thereof, or otherwise, as shall appear to such archbishop (after such inquiry by himself or by his commissioner, &c. and in the latter case, after the substance of such inquiry shall have been returned in writing to said archbishop,) to be Appellant to proper provided that the party so appealing shall give give security for security to the bishop for the payment of such reasonable payment of the expenses thereof. expenses occasioned by the appeal, as the archbishop or his commissioner, &c. shall award: provided also that no such order for any sequestration shall be put in force during such appeal. By s. 27. every spiritual person to whom

VOL. 1.

any

may be made to the archbishop,

s. 27.

Persons com

plying with mo

pay costs, &c.

5. 28.

returning to re

nition, shall, be

profits, without

any such monition or order in writing shall be sent under nition. shall not- this act, who shall be at the time of issuing thereof absent withstanding from residence in or upon his benefice contrary to this act, but who shall, in obedience to such monition or order, forthwith return to due residence, and the profits of whose benefice shall, by reason of such return, not be sequestered, shall nevertheless pay all costs and expenses incurred by the issuing and serving such monition or order, to be levied as any costs may be levied upon any spiritual person by any bishop under this act. But by s. 28. if any If any person spiritual person not licensed, &c. nor having other lawful sidence on mo- cause of absence from his benefice, who, after any such fore 6 months monition or order, and before or after any such sequestrafrom such his tion as aforesaid, shall, in obedience to such monition or return, absent himself, bishop order, have begun to reside, shall afterwards, and before may sequester the expiration of 6 months next after the commencement monition, &c. of such residence, without the leave of such bishop, wil fully, in the judgment of such bishop, absent himself from such benefice, it shall be lawful for such bishop, without issuing any other monition, or making any other order, again to sequester and apply the profits of such benefice, as before directed by this act, for the purpose of enforcing the residence of such person, according to the true intent of the original monition; and it shall be further lawful so to proceed from time to time as occasion may require; provided that in every of such cases, such spiritual person may appeal against such sequestration, in such manner and upon such terms as herein-before mentioned touching appeals respecting sequestration, but nevertheless the same shall be in force during such appeal. By s. 29. in all cases in which any spiritual person shall have been subject non-residence, to any penalty or forfeiture for non-residence, it shall be as in case of lawful for the bishop to proceed against him for such past with order of non-residence, and to levy the penalties incurred thereby, by monition and sequestration, and to direct the application thereof in like manner, and subject to the same regulations, and with like powers of remitting or ordering the repayment of any part of such penalties, as is directed or allowed in case of non-compliance with

s. 29.

Bishops may punish past

non-compliance

residence.

.any

s. 30.

by archbishop to

cases transmit

any order for residence. By s. 30. in every case in which any archbishop or bishop shall think proper, after Penalties may be remitted by. proceeding by monition for the recovery of any penalty archbishops or under this act, of more than one-third of the value of any reasons thereof bishops; but benefice, for any non-residence exceeding 6 months in the to be transmitted by bisho to year, to remit the whole or any part of said penalty, such archbishop, and archbishop shall forthwith transmit to his majesty in coun- king in council. cil, and such bishop shall transmit to the archbishop of the province, a list of such cases as have occurred in their respective dioceses, specifying the nature and special cir cumstances of each case, and the reasons for the said remission, in the same manner as is directed in relation to the licenses for non-residence granted in non-enumerated cases; and it shall thereupon be lawful for his majesty in council, or for the said archbishop, as the case may be, to allow or disallow such remission, in whole or in part, in the same manner as is provided in this act with relation to the allowance or disallowance of licenses for non-resiArchbishop's dence: provided that the decision of the archbishop, with decision final in respect to cases transmitted to him from any such bishop, ted by bishop. shall be final. By s. 31. if the benefice of any spiritual If any spiritual person shall continue for 2 years under sequestration person shall conmade under this act, for disobedience to the bishop's mo tinue under sequestration 2 nition requiring such spiritual person to reside on his bene- years, or incur fice, or shall under this act incur 3 such sequestrations in 3 sequestrations the space of 2 years, such person not being relieved with riod, the benefice respect to any of such sequestrations upon appeal, such shall be void. benefice shall become, ipso facto, void; and the bishop shall thereupon give notice thereof to the patron or person entitled to present, who shall thereupon present or nominate some clerk thereto, other than the spiritual person whose benefice shall have so continued under such sequestration, or who shall have incurred such sequestrations as aforesaid, as if the same had been avoided by the natural death or resignation of such spiritual person. By s. 32. all contracts or agreements made for the letting of the house of residence, or the buildings, gardens, orchards, and appurtenances necessary for the convenient occupa- of benefice, or tion of the same, belonging to any benefice, in which assigned to curate by bishop, house any spiritual person shall be required by order of void.

the

s. 3.

within that pe

s. 32. Contracts for letting house of residence, &c.

the bishop as aforesaid to reside, or which shall be assigned as a residence to any curate by the bishop, shall, upon a copy of such order, assignment, or appointment, being served upon the occupier thereof, or left at the house, &c. be null and void, and a copy of every such order shall, immediately on the issuing thereof, be transmitted to one of the church-wardens of the parish, or such other person as the bishop shall think fit, and be by him forthPenalty for over- with served on the occupier of such house, or left at the holding posses.. same and any person continuing to hold any such house, sion after the day appointed &c. or appurtenances, after the day on which such person for spiritual person to reside. shall be directed by such order to reside in such house, or which shall be specified in any such assignment or appointment, and after service of such copy as aforesaid, or the same being so left as aforesaid, shall forfeit 40s. for every day he shall, without the permission of the bishop in writing, wilfully continue to hold such house, &c. together with the expense of serving such order, in case it shall have been deemed necessary specially to serve such order, to be allowed by the bishop issuing the order, or making such assignment, &c. as aforesaid, and to be recovered Possession how and applied in like manner as the penalties for non-residence are directed to be recovered, &c. by this act; and it shall also be lawful for the person so directed to reside, or curate to whom such residence is assigned, to apply to any justice of the peace or magistrate of the county, &c. or place, for a warrant for the taking possession thereof; and the justice of peace to whom any snch order for possession is produced, shall thereupon give a warrant for such possession; and possession may, thereupon, be taken of such house under such warrant, at any time in the daytime, by entering the same by force, if necessary, without any other proceeding by ejectment or otherwise. But this act provides, (s. 33) that no spiritual person shall be Spiritual person liable to any penalties for not residing in any such house, penalty while during such time as such tenant shall continue to occupy such house, or other buildings necessary to the occupation of the same. And by s. 34. no oath shall be required of

recovered.

s. 33.

not liable to

tenant occupies,

&.c.

s. 34.

No oath requir

ed of vicar re lating to resi dence:

T

or taken by any vicar in relation to residence on his

vicarage.