to reside out of his house of residence,) or shall, for a period exceeding three months, absent himself from his benefice without leaving a Curate, or shall for three months after the death or removal of a Curate neglect to notify such death, &c. to the Bishop, or to nominate to the Bishop a proper Curate; the Bishop is authorized to appoint and license a Curate, with the salary allowed by the Act. The licence is to specify whether the Curate is required to reside within the parish; and if he is permitted to reside out of it, the grounds upon which he is permitted to reside out of it are to be specified, and the distance of the residence of any Curate from the church he shall be licenced to serve shall not exceed five miles, except in cases of necessity, to be approved of by the Bishop2. The Curate, except under special circumstances, must reside on all benefices of the value of 3007. per annum, and containing three hundred persons in population, or a thousand in population, whatever may be the value of the benefice a. If it shall appear to the Bishop that the ecclesiastical duties of a benefice are inadequately performed, the Bishop may require the Incumbent to nominate a fit person, with a sufficient stipend, to be licensed to perform or assist in such duties; and if the Incumbent omits to make such a nomination for three months after requisition, the Bishop may appoint a Curate, with a stipend, according to the terms mentioned; the requisition is to be registered, but the Incumbent may appeal to the Archbishop b.

The Bishop may enforce, by monition and sequestration, the performance of morning and evening service on Sundays, or any other service required by law c.

A Bishop, before he grants a licence for a Curate to serve a person nonresident, shall require a statement of all the particulars, required to be stated by a person applying for a licence of nonresidence; and such statement is to be filed, and preserved from public inspection d. The Bishop also, subject to the exceptions, is required to appoint to every Curate such salary as is allowed by the Act; and every lies. 51. p. 122.

a s. 49. ib.

* s. 48. p. 120. bs. 50. p. 121. * s. 52. ib. See s. 18. for the particulars of the statement.

cence must specify the amount of the salary; and in case of any difference arising between the parties interested, the Bishop may summarily hear and determine the matter; and in case of wilful neglect, or refusal to pay the salary, he is empowered to proceed by monition and sequestration; the Curate obtaining the licence is to pay the secretary of the Bishop the sum of 17. exclusive of the stamp duty, in lieu of all fees respecting the licence; and if any person is licensed to two or more curacies within the same diocese at the same time, it shall be sufficient for the Curate to sign one declaration only, as appointed by the Act of Uniformitye, and to produce one certificate only of having so signed f.

The fifty-fourth section makes an exception as to the rate of salary to be allowed by the Bishop, where the Incumbent was instituted before the 20th of July 1813 8.

But where the Incumbent has been instituted to the benefice since that time, and shall not reside thereon, unless he does the duty, having a legal exemption from residence, or a licence to reside out of it, or to reside out of the house of residence, the Bishop shall appoint the Curate not less than 807. per annum, or the annual value of the benefice, if it does not amount to 80l.; or 100l. per annum, or the annual value, where the population amounts to three hundred persons; or 1207. or the annual value, where the population exceeds five hundred; or 1507. or the annual value, where the population exceeds 1000: the annual value to be estimated by the returns made to the Governors of Queen Anne's Bounty h. But in any place where it appears to the Bishop that the clear annual income of the benefice exceeds 4007. per annum, he may assign to the Curate, being resident, and serving no other cure, a salary of 100l. per annum, although the population does not amount to three hundred; and where the income exceeds 4007., and the population amounts to five hundred persons, the Bishop may assign the Curate being resident, &c. not exceeding by more than 50%. a ε s. 54. p. 123.

⚫ stat. 13 and 14 Car. 2. c. 4. p. 190. f s. 53. p. 122. hs. 55. p. 124.

year, the stipend before required to be assigned. But where it shall appear to the Bishop that any Incumbent has become nonresident, or incapable of performing the duties from age, sickness, or other unavoidable cause, or that from any other circumstances hardship would arise if the full amount of the salary specified in the Act should be allowed, the Bishop may assign to the Curate such a salary less than the full amount as shall appear just and reasonable: in which case the licence must state that the Bishop has not thought proper to allow the full salary; and the special reasons are to be entered in a book to be deposited in the registry, which shall not be open to public inspection k.

If an Incumbent of two or more benefices residing in different proportions of every year, on some or one of them, the period specified by the Act, employs a Curate to perform the duty interchangeably, the Bishop may assign the Curate a salary not exceeding such as would be allowed for the largest of such benefices, nor less than would be allowed for the smallest; but if the Incumbent employs a Curate for the whole year upon each of such benefices, the Incumbent being resident as before-mentioned, the Bishop may assign to the Curate such a salary less than the specified amount as he may think fit1.

No Clergyman shall serve more than two churches in a day, or two chapels, or one church and one chapel, unless from the local situation of the churches or chapels, or from other special reasons, the Bishop may think it expedient to grant a licence to any Clergyman to serve three churches or chapels; in which case the Bishop may grant such licence, if the three churches or chapels are not further from each other than four measured miles: in every such licence the reasons must be stated, and the Curate must be resident in such a manner, that it shall not be necessary for him to travel more than sixteen miles in a daym. When the Bishop shall think it expedient to license a person holding a benefice to serve as Curate of an adjoining parish, the Bishop may appoint a salary less by a sum not exceeding 301. per is. 56. p. 124. k s. 57. p. 125. 1 s. 58. p. 126. m s. 59. p. 126.

annum than the salary specified by the Act; and where he may find it expedient to license the same Curate to serve more than one parish, he may direct that the salary for serving each of such churches, &c. shall be less by a sum not exceeding 301. than the salary specified m.

All agreements between Incumbents and Curates in fraud of the Act shall be void, notwithstanding the acceptance in pursuance of the agreement of any sum less than that specified in the licence, or any receipt that may have been given; the Curate or his representatives shall be entitled to the full amount of the unpaid part of the salary, and the payment with treble costs may be enforced by monition and sequestration; but the application of the Curate must be within twelve months after he has quitted the curacy, or by his representatives within twelve months after his death; and the sequestration is not to affect the benefice beyond the time during which the benefice is held by the Incumbent liable to the payment ".

Where the Bishop appoints to the Curate a salary equal to the annual value of the living, it shall be subject to all charges and outgoings, and to any diminution affecting it without the wilful neglect of the Incumbent, and the Bishop, upon the application of the Incumbent where the whole income has been allotted to the Curate, may allow the Incumbent to deduct so much money, not exceeding a fourth of the income, as has been laid out during the year in repairs, in respect of which the Incumbent would be liable for dilapidations: the Bishop may also allow any Incumbent of a benefice not exceeding 150l. per annum to deduct from the salary so much as has been laid out in repairs over and above the surplus remaining of such income after payment of the salary, so that the sum deducted shall not exceed one fourth of the salary P.

The Bishop who grants any licence to a Curate where the Incumbent is not resident four months in the year, may allot the parsonage-house to the Curate; and may sequester the profits of the benefice in case possession shall not be in s. 60. p. 127. " s. 61. p. 137.

• s. 62. ib. P s. 63.

p. 128.

given, and until it is given: and where the Bishop shall appoint a salary not less than the annual value of the benefice, and shall direct the Curate to reside in the parsonagehouse, the Curate shall be liable to the rates and taxes. The Bishop upon three months' notice may direct the Curate to deliver up the parsonage-house; and if the Curate refuses to deliver it up, he shall forfeit forty shillings a day to the Incumbents; but the Incumbent, where the parsonage has been assigned to the Curate, may not dispossess him until the permission of the Bishop has been given in writing, and three months' notice to the Curate; and the Curate residing in the house of residence which shall become vacant, shall quit the house within three months after the appointment of the Incumbent, upon being required to do so, and upon having a month's previous noticet.

No Curate shall quit a benefice until after three months' notice to the Incumbent and to the Bishop, but with the consent of the Bishop, upon pain of forfeiting not exceeding six months' salary".

The Bishop may license a Curate employed by an Incumbent, although no nomination shall have been made to him; and the Bishop may revoke summarily any licence granted to a Curate employed in his diocese, and remove the Curate for any reasonable cause, subject to the right of appeal to the Archbishop*. Grants or revocations of licences are to be registered, and a list of such licences and revocations is to be made out by the Registrar, and kept for general inspection on payment of a certain fee; a copy of such licences and revocations is to be transmitted to the Churchwardens of the place to which it relates, within a month after the grant or revocation, to be deposited in the parish chest; the Registrar neglecting to make or transmit such copy is subjected to a penalty, but he is entitled to a fee from the Church-wardens upon its transmission y. All the powers and provisions in the Act relating to Bishops extend to the Archbishops in their dioceses and jurisdictions2.

4 s. 64. P. 128. s. 68. p. 130.

rs. 65. p. 129. * 8-69. p. 130.

ts. 67. ib.

⚫ s. 66. p. 129. ys. 70. p. 130. 2 s. 71. p. 131.