s. 11. such cathedral or collegiate church, or within the city or town in which such 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 St. 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; or as a preacher in any of the ims 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 such duties; 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 be required by reason thereof to reside and perform the duties of such office, and shall reside and perform such dutics; 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; 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professor of the East India college; or who shall be specially exempt from residence, under any act of parliament not repealed by this act, shall be liable to any of the penalties or forfeitures in this act contained, for or on account of non-residence, during any such period as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. And by s. 11. it shall be lawful for any spiritual cathedral ed. dence at cathe commence on s. 12. Bishop may license for a spiritual person being dean, during such time as he shall Dignitaries of reside upon his deanery, or being prebendary or canon, or churches residing upon holding any other dignity in any cathedral or collegiate their dignities, church, who shall reside any period not exceeding 4 months how far exempt altogether within the year upon such dignity, to account such residence as if he had legally resided on some benefice: provided that it shall be lawful for any spiritual per- Proviso where son having or holding any prebend, canonry, or dignity the year of resi in any cathedral or collegiate church, in which the year drals does not for the of residence is accounted to commence at the 1st of Janupurposes any other period than the first of January, and who may ary. keep the periods of residence required for 2 successive years at such church, in whole or in part, between 1st January and 31st December in any one year, to account such residence, although exceeding 4 months in the year, as reckoned from the 1st January to 31st December, as if he had legally resided in some benefice. And by s. 12. it shall be lawful for the bishop of the diocess in which any benefice shall be locally situate, to license any longer longer period, period of non-residence upon such benefice of any preben- if the duties of dary, canon, or other person holding any dignity in any cathedral or collegiate church, in any case in which it shall appear to such bishop, from his own knowledge, (if such church is situate within his own diocess, or if not by the certificate of the bishop of the diocess in which such church shall be situate,) to be required for the performance of any duties in any such church; provided that every such spiritual person shall, during such period, reside on such prebend, &c. But by s. 13. no spiritual person appointed to any prebend, canonry, or dignity, in any cathedral or Proviso as to prebendaries. collegiate church, before the passing of this act, shall be &c. appointed subject to any penalty or forfeiture for non-residence upon before this act. any benefice during the period of his actually residing upon such prebend, &c. By s. 14. every spiritual person having any house of residence upon his benefice, who House to be shall not reside thereon, shall, during such period of non- kept in repair during non-reresidence, whether the same shall be for the whole or sidence, otherpart of any year, keep such house of residence in good re- wise the penalties for non epair; and every such spiritual person who shall not keep sidence incur such the cathedral re quire it. red. s. 13. s. 14. s. 15. Bishop may grant licenses ted. such house of residence in repair, and who shall not, upon monition issued by the bishop of the diocess in which the same shall be situate, put the same in repair, according to the requisition of such monition, within the time specified therein, to the satisfaction of the bishop of the diocess, and to be certified to the bishop upon such 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 license, while such house shall remain out of repair, and until repaired to the satisfaction of the bishop of the diocess. But this act provides (s. 15.) that it shall be lawful for any bishop, upon application made for that purpose, by for non-resi- petition in writing, by any spiritual person, or by any dence in certain cases enumera- proper person on behalf of any spiritual person having or holding any benefice locally situated within his diocess, upon such proofs as to any facts stated in such petition. as such bishop may think necessary, and shall require by affidavit made before any ecclesiastical judge or his surrogate, or any justice of peace or magistrate, or any master extraordinary in chancery, which they are respectively required to administer, to grant in such cases as are in this act enumerated, in which, upon due consideration of all the circumstances so stated and verified, such bishop shall think fit to grant the same, a license 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 person from any penalty, &c. in respect of non-residence thereon; viz: to any person who shall be prevented from residing in the proper house of residence, or in the parish, by any actual illness or infirmity of body of himself, or of his wife or child making part of and residing with him as part of his family; and also to any spiritual person having or holding any benefice whereupon or wherein there shall be no house of residence, or where the house shall be unfit for the residence of such spiritual person, such unfitness not being occasioned by any default, &c. of such spiritual person, and such spiritual person keeping such house in repair to the satisfaction of the bishop; and also to any spiritual spiritual person having or holding any benefice, and occupying in the parish any mansion or messuage, to reside in such mansion, such spiritual person keeping the house of residence and other buildings belonging thereto, in good repair, and producing to the bishop proof to his satisfaction, at the time of granting and renewing any such license, of such sufficient state of repair; and also to any spiritual person having or holding any benefice of small value, and serving as a licensed stipendiary curate elsewhere,and providing for the serving of such his benefice to the satisfaction of such bishop; and also to any master or usher of any endowed school duly licensed by the bishop, and actually employed in teaching therein; and also to any master or preacher of any hospital or incorporated charitable foundation, during the period for which he may be required to reside by any charter or statute of any such hospital, &c. or other lawful authority in the same, and shall actually reside and perform his duties therein; or to any person holding any endowed lectureship, or endowed chapelry, or endowed preachership, and performing the duties thereof respectively with the license of the bishop in whose diocess he shall so officiate; or to any spiritual person having or holding any benefice of small value, and serving as preacher in any proprietary chapel, in any city or town, with the license of the bishop in whose diocess he shall so officiate; or to any spiritual person actually serv ing as chaplain in any of his majesty's garrisons, or as chaplain to the royal military asylum at Chelsea, or royal military college at Sandhurst, or as teacher of the royal military academy at Woolwich, or as chaplain at either of the royal hospitals at Greenwich or Chelsea, or as: chaplain to either of the royal hospitals for seamen at Haslar or Plymouth, or as chaplain to the naval asylum, or in his majesty's navy, or as chaplain of his majesty's gaol of Newgate, or of the penitentiary at Milbank, or as chaplain of any British-factory, or as principal surrogate or official in any ecclesiastical court of any diocess, er as a librarian of the British museum,or of Sion college, or as one of the trustees of Lord Crewe's charity, during the time of personal attendance on the duties of such office respectively provided that the spiritual person obtaining VOL. I. K any s. 16. censes in other cases not enu any such license shall pay to the secretary or officer of the bishop 10s. exclusive of the stamp duty chargeable thereon: and provided that if any spiritual person applying to any bishop for any such license, shall think himself aggrieved by the refusal thereof, such person may appeal, to the archbishop of the province, who shall, forthwith, either by himself, or some commissioner or commissioners appointed from among the other bishops of his province, under his hand, make inquiry into the same, and by writing signed by himself confirm such refusal, or grant a license under this act, as shall seem proper: provided that the person so appealing shall give security to the bishop for the payment of such reasonable expenses occasioned by the appeal, as the archbishop, or his commissioner, &c. shall award. And by s. 16. it shall be lawful for any such bishop, in any cases not herein-before enumerated, (in Bishops may also grant li- which he shall think it expedient,) to grant to any spiri tual person possessed of any benefice a license to reside merated, and out of the parish, or out of the proper house of residence, as the case may appear to such bishop to require, and to assign, in any case in which a stipendiary curate may be employed to do the duty of such spiritual person, such salary as he shall judge fit to appoint, due respect being had to the value of such benefice, and to all other circumstances of the case and it shall be also lawful for any bishop, in case of the absence from the realm of any spiritual person, to grant any such license without any application made for that purpose, and to renew such license, and in every such case to appoint a stipendiary curate, in case no curate duly licensed shall be then employed in serving such benefice, and to assign a salary to such curate; or if any curate shall have been and shall be then so employed, to assign any additional salary to such curate; and in every of such cases to cause such salaries to be Reasons for paid by sequestration of the profits of the benefice, progranting them vided that the special circumstances of every such case, ted to archbi and the reasons that have induced such bishop to grant shop of province such license, shall be forthwith transmitted to the arch assign salaries 40 curates. to be transmit bishop of the province to which such bishop shall belong, who shall, forthwith, by himself, or by some commis |