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respecting monitions and sequestrations.
and in the latter case after a report in writing from his said commissioner or commissioners, give his decision in such appeal in writing under his hand; and when he shall decide the merits of the appeal against the appellant he shall also award and direct whether any and what amount of costs shall be paid by the appellant to the bishop respondent; and in like manner when he shall decide in favor of the appellant he shall also award and direct whether any and what amount of costs shall be paid by the bishop respondent to
the appellant. Regulations
CXII. And be it enacted, that in all cases in which proceedings under this act are directed to be by monition and sequestration, such monition shall issue under the hand and seal of the bishop, and such monition, and any other instrument or notice issued in pursuance of the provisions of this act, and not otherwise specially provided for, shall be served personally upon the spiritual person therein named or to whom it shall be directed, by showing the original to him and leaving with him a true copy thereof, or, in case such spiritual person cannot be found, by leaving a true copy thereof at his usual or last known place of residence, and by affixing another copy thereof upon the church door of the parish in which such place of residence shall be situate, and also, in the case of such monition, by leaving another copy thereof with the officiating minister or one of the church wardens of the said parish, and also by affixing another copy thereof on the church door of the parish in which the benefice of such spiritual person shall be situate; and such monition or other instrument, or notice as aforesaid, shall, immediately after the service thereof, be returned into the consistorial court of such bishop, and be there filed, together with an affidavit of the time and manner in which the same shall have been served; and thereupon, in case of such monition, it shall be competent to the party monished to show cause, by affidavit or otherwise, as the case may require, why a sequestration should not issue according to the tenor of such monition; and if such spiritual person shall not, within the time assigned by such monition, show sufficient cause to the contrary, such sequestration shall issue under the seal of the consistorial court of such bishop, and shall be served and returned into the registry of such court in like manner as is hereinbefore directed with respect to
monitions issued under the provisions of this act. Sequestra- CXIII. Provided always, and be it enacted, that in any case of
non-residence in which a monition shall have been served upon any monition to spiritual person under the provisions of this act, requiring such service of spiritual person to reside on his benefice, no sequestration shall issue order.
until an order requiring such spiritual person to proceed and reside upon such benefice within thirty days, as herein before enacted, shall have been served upon him in the same manner as is hereinbefore
directed as to the service of monitions. Recovery of CXIV. And be it enacted, that all penalties and forfeitures which against spiri. shall be incurred under this act by any spiritual person holding a tual persons. benefice shall and may be sued for and recovered in the court of the
bishop of the diocese in which such benefice is situate, and by some person duly authorised for that purpose by such bishop by writing under his hand and seal, and in no other court, and by or at the
tion not to issue after
instance of no other person whatever; and that the payment of every such penalty or forfeiture, together with the reasonable expense incurred in recovering the same, shall and may be enforced by monition and sequestration; and that it shall and may be lawful for such bishop, by any order made for that purpose in writing under his hand, and to be registered in the registry of the diocese, which the registrar is hereby required to do, to direct that every such penalty or forfeiture so recovered as aforesaid, and which shall not have been remitted in whole or in part, or so much thereof as shall
not have been remitted, shall be applied towards the augmentation : or improvement of such benefice or of the house of residence thereof, or of any of the buildings or appurtenances thereof.
CXV. And be it enacted, that all fees, charges, costs, and expenses Recovery of incurred or directed to be paid by any spiritual person holding any
fees, &c. benefice under the provisions of this act, which shall remain unpaid for the period of twenty-one days after demand thereof in writing
delivered to or left at the usual or last place of abode of such · spiritual person, may be recovered by monition and sequestration :
provided always, that it shall be lawful for the person or persons of whom any such fees, costs, charges, and expenses shall be so
demanded to apply to the bishop of the diocese to order the taxation : thereof, and such bishop shall thereupon order some proper person $ to tax and settle the same; and the certificate of allowance, by the i person so to be appointed, of such fees, costs, charges, and expenses so to be taxed, shall be final,
CXVI. And be it enacted, that if the registrar of any diocese shall Penalty on refuse or neglect to make any entry, or to do any other matter or neglect.
thing prescribed by this act, he shall forfeit for every such refusal or * neglect the sum of five pounds.
CXVII. And be it enacted, that all penalties and forfeitures under Recovery of this act incurred by persons not spiritual, or by spiritual persons not against lay. holding benefices, shall be sued for and recovered by any person who men or unwill sue for the same by action of debt in any of her majesty's courts clergymen, of record at Westminster.
CXVIII. And be it enacted, that no penalty shall be recovered Penalties not against any spiritual person, under the provisions of this act; other for more than or further than those which such spiritual person may have incurred one year. subsequent to the first day of January in the year immediately preceding the year in which such proceedings shall be commenced. CXIX. And be it enacted, that all penalties recovered under the Application
of penalties. e provisions of this act, the application of which is not specially directed
thereby, shall be paid over to the treasurer of the governors of the bounty of queen Anne, to be applied to the purposes of the said bounty.
CXX. And be it enacted, that for all the purposes of this act, Commenceexcept as herein otherwise provided, the year shall be deemed to commence on the first day of January, and be reckoned therefrom of the year. to the thirty-first day of December, both inclusive.
CXXI. And be it enacted, that for all the purposes of this act the How months months therein named shall be taken to be calendar months, except lated. in any case in which any month or months are to be made up of different periods less than a month, and in every such case thirty days shall be deemed a month.
ment and conclusion
Statements how to be verified.
of the term
Certified CXXII. And be it enacted, that in every case where by the proor licence to visions of this act the copy of any licence is required to be filed or be evidence, entered in the registry of the diocese, a copy thereof, certified by
the registrar, shall be admissible as evidence in all courts and places whatever.
CXXIII. And be it enacted, that when authority is given by this act to any archbishop or bishop to require any statement facts to be verified by evidence, or to inquire or to cause inquiry to be made into any facts, such archbishop or bishop may require any such statement or any of such facts to be verified in such manner as the said archbishop or bishop shall see fit; and that when any oath, affidavit, or affirmation or solemn declaration is or may be by or in pursuance of the provisions of this act required to be made, such oath, affidavit, or affirmation or solemn declaration shall and may be made either before such archbishop or bishop, or the commissioner or commissioners, or one of them, of such archbishop or bishop respectively, or before some ecclesiastical judge or his surrogate, or before a justice of the peace, or before a master or master extraordinary in chancery, who are hereby authorised and empowered in all and every of the cases aforesaid to administer such oath, affidavit,
and affirmation, or to take such declaration, as the case may be. Definition CXXIV. And be it enacted, that in all cases where the term “Cathedral “Cathedral preferment” is used in this act, it shall be construed preferment,” to comprehend (unless it shall otherwise appear from the context)
every deanery, archdeaconry, prebend, canonry, office of minor canon, priest vicar, or vicar choral, having any prebend or endowment belonging thereto, or belonging to any body corporate consisting of persons holding any such office, and also every precentorship, treasurership, sub-deanery, chancellorship of the church, and other dignity and office in any cathedral or collegiate church, and every
mastership, wardenship, and fellowship in any collegiate church; and “ Bene- and that in all cases where the term “ Benefice" is used in this act,
the said term shall be understood and taken to mean benefice with cure of souls, and no other, (unless it shall otherwise appear from the context), and therein to comprehend all parishes, perpetual curacies, donatives, endowed public chapels, parochial chapelries, and chapelries or districts belonging or reputed to belong, or annexed or reputed to be annexed, to any church or chapel, any thing in any other act to the contrary notwithstanding.
CXXV. And be it enacted, that in every case in which the consent of, or the execution of any deed or deeds, instrument or instruments by, the patron of any cathedral preferment, or of any benefice, sinecure rectory, or vicarage, or the owner or impropriator of any lands, tithes, tenements, or hereditaments, is required for carrying into effect any of the purposes of this act, and also in every case in which it may be necessary to give any notice to any such patron for any of the said purposes, the consent of execution by or notice to the patron or person entitled to make donation or present or nominate to such cathedral preferment, benefice, sinecure rectory, or vicarage, in case the same were then vacant, or the person or persons who shall be in the actual possession, receipt, or perception of the rents, proceeds, or profits of such lands, tithes, tencments, or hereditaments for an
Who to be considered patron.
estate or interest not less than an estate for life, shall respectively be sufficient.
CXXVI. And be it enacted, that in any case in which the consent How consent of the patron of any benefice shall be required to the exercise of any be testified, power given by this act, or in which any notice shall be required by where this act to be given to the patron of any benefice, and the patronage the crown. of such benefice shall be in the crown, the consent of the crown to the exercise of such power shall be testified and such notice shall be given respectively in the manner hereinafter mentioned; (that is to say), if such benefice shall be above the yearly value of twenty pounds in the queen's books, the instrument by which the power shall be exercised shall be executed by and any such notice shall be given to the lord high treasurer or first lord commissioner of the treasury for the time being; and if such benefice shall not exceed the yearly value of twenty pounds in the queen's books, such instrument shall be executed by and any such notice shall be given to the lord high chancellor, lord keeper or lords commissioners of the great seal, for the time being; and if such benefice shall be within the patronage of the crown in right of the duchy of Lancaster, such instrument shall be executed by and any such notice shall be given to the chancellor of the said duchy for the time being; and the execution of such instrument by and any such notice given to such person or persons shall be deemed and taken for the purposes of this act to be an execution by and a sufficient notice to the patron of the benefice.
CXXVII. And be it enacted, that in any case in which the con- How where sent of the patron of any benefice shall be required to the exercise priseroncisan of any power given by this act, and the patron of such benefice shall ed person. be a minor, idiot, lunatic, or feme covert, it shall be lawful for the guardian or guardians, committee or committees, or husband of such patron (but in case of a feme covert with her consent in writing) to execute the instrument by which such power shall be exercised in testimony of the consent of such patron; and such execution shall for the purposes of this act be deemed and taken to be an execution by the patron of the benefice. CXXVIII. And be it enacted, that in any case in which the con- How where
is sent of the patron of any benefice shall be required to the exercise attached to of any power given by this act, or in which any notice shall be the duchy of required by this act to be given to the patron of any benefice, and the advowson and right of patronage of such benefice shall be part of the possessions of the duchy of Cornwall, the consent of the patron of such benefice to the exercise of such power shall be testified and such notice shall be given respectively in the manner hereinafter mentioned; (that is to say), the instrument by which the power shall be exercised shall be executed by and any such notice shall be given to the duke of Cornwall for the time being, if of full age, but if such benefice shall be within the patronage of the crown in right of the duchy of Cornwall, such instrument shall be executed by and any such notice shall be given to the same person or persons who is or are by this act authorized to testify the consent of the crown to the exercise of any power given by this act in respect of any benefice in the patronage of the crown ; and the execution of
Distance how to be computed.
how to be
Tables of fees to be taken by
such instrument by and any such notice given to such person or persons shall be deemed and taken for the purposes of this act to be an execution by and a sufficient notice to the patron of the benefice.
CXXIX. And be it enacted, that the distance between any two benefices for the purposes of this act shall be computed from the church of the one to the church of the other by the nearest road or footpath, or by an accustomed ferry; and if on one of the said benefices there be two or more churches, then the distance shall be computed from or to the nearest of such churches, as the case may be; or if on one of such benefices there be no church, then in such manner as shall be directed by the bishop of the diocese in which the benefice proposed to be taken and held by any spiritual person
in addition to one already held by him shall be locally situate. Population CXXX. And be it enacted, that whenever the population of any computed. place shall be required by this act to be ascertained, the same shall
be taken from the latest returns of population made under any act of parliament for that purpose at the time when the question shall arise, if such returns shall apply to the place respecting which the question shall be, but if such place shall only form part of a parish or district named in such returns, then such returns shall be taken to represent truly the population of the parish or district named therein, and from them the population of the place required shall be computed, according to the best evidence of which the subject shall be capable.
CXXXI. And be it enacted, that the archbishop of Canterbury,
the lord high chancellor, and the archbishop of York, with the oflicers with assistance of the vicars general of the said two archbishops, and of
one of the masters of the high court of chancery, to be selected for to benefices, that purpose by the lord high chancellor, shall ordain and establish
tables of fees, and shall have power from time to time to amend or alter such tables of fees, to be taken in respect of donation, presentation, nomination, collation, institution, installation, induction, or license, or any instrument, matter, or thing connected with the admission of any spiritual person to any cathedral preferment or any benefice throughout England and Wales, by any officer, secretary, clerk, or minister to whom belong the duties of preparing, sealing, transacting, or doing any of such instruments, matters, and things; and before the fees contained in such tables or such amended tables shall be demanded, taken, or received by any of the said persons such tables or amended tables shall be submitted to her majesty's privy council, who may disallow the same or any part thereof; and notice shall be given in the London Gazette of such submission to the privy council; and if within the space of three months from the time of giving such notice the same shall not be disallowed, such fees, or such parts thereof as shall not be disallowed, shall from and after the expiration of the said three months be deemed and taken to be lawful fees, and thenceforward such fees, and none others, save only such as may be altered or subsequently ordained, as before provided, shall be demanded, taken, or received by any of such officers, secretaries, clerks, or ministers respectively, under any colour or pretence whatsoever: provided always, that the said persons_shall not ordain or establish any fees exceeding the fee which
respect to admissions