Residence on Benefices, etc. (England) Act 1817
| Jurisdiction | UK Non-devolved |
(57 Geo. 3) C A P. XCIX.
[10th July 1817]
'WHEREAS an Actpassed in the Twenty first Year of the Reign of His Majesty KingHenry the Eighth, intituled An Act against Pluralities of Benefices, taking of Farms by Spiritual Men, and for Residence : And Whereas another Actpassed in the Twenty eighth Year of the Reign of His said Majesty KingHenry the Eighth, intituled An Act for compelling Spiritual Persons to keep Residence upon their Benefices : And Whereas another Actwas passed in the Thirteenth Year of the Reign of Her Majesty QueenElizabeth , intituled An Act touching Leases of Benefices, and Ecclesiastical Livings with Cure : And Whereas Three several Actspassed in the Fourteenth, Eighteenth and Forty third Years respectively of the Reign of Her said Majesty QueenElizabeth , for explaining and amending the said recited Actof the Thirteenth Year aforesaid; and which were made perpetual by an Actpassed in the Third Year of the Reign of His Majesty KingCharles the First, intituled An Act for the Continuance and Repeal of divers Statutes: And Whereas another Act was passed in the Forty third Year of the Reign of His present Majesty, intituled An Act to amend the Laws relating to Spiritual Persons holding of Farms, and for enforcing the Residence of Spiritual Persons on their Benefices inEngland: And Whereas another Actpassed in the Forty third Year of the Reign of His present Majesty, intituledAn Act to rectify a Mistake in an Act made in this present Session of Parliament, intituled 'An Act to amend the Laws relating to Spiritual Persons holding of Farms, and for enforcing the Residence of Spiritual Persons on their Benefices in England, and to remove a Doubt respecting the Title of the Statute of the Twenty first Year of King Henry the Eighth therein mentioned :' And Whereas an Act was passed in the Twelfth Year of the Reign of Her late Majesty Queen Anne , intituled, An Act for the better Maintenance of the Curates within the Church ofEngland,and for preventing any Ecclesiastical Persons from buying the next Avoidance of any Church Preferment : And Whereas an Act was passed in the Thirty sixth Year of the Reign of His present Majesty, intituled An Act for the further Support and Maintenance of Curates within the Church ofEngland,and for making certain Regulations respecting the Appointment of such Curates, and the Admission of Persons to Cures augmented by Queen Anne's Bounty, with respect to the Avoidance of other Benefices : And Whereas another Actpassed in the Fifty third Year of the Reign of His present Majesty, intituled,An Act for the further Support and Maintenance of Stipendiary Curates : And Whereas Doubts have arisen upon the Construction of some of the Provisions of the said Acts; and it is therefore necessary that such Provisions of the said Acts should be explained, and other Provisions made, and that the several Laws relating to Spiritual Persons holding of Farms, and to buying and selling, and for enforcing of Residence and the Maintenance of Stipendiary Curates, should be consolidated in one Act:' 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, Thatfrom and after the passing of this Act, so much of the said several recited Acts passed in the Reign of His Majesty KingHenry the Eighth, and so much of the said Acts of the Reign of Her Majesty Queen Elizabeth , and of the said recited Act of His Majesty King Charles the First, as relates to Spiritual Persons holding of Farms, and to Leases of Benefices and Livings, and to buying and selling, and to Residence of Spiritual Persons on their Benefices; and also so much of the said recited Act of Her Majesty Queen Anne , and of the said recited Act of the Thirty sixth Year of the Reign of His present Majesty, as relates to the Maintenance of Curates within the Church of England , and making Provision for appointing Stipends for such Curates, and all the said several other recited Acts, passed in the Reign of His present Majesty, shall be and the same are respectively hereby repealed.
II Spiritual Persons taking to farm for Occupation above Eighty Acres without Consent of Bishop.
II. And be it further enacted, That from and after the passing of this Act it shall not be lawful for any Spiritual Person having or holding any Dignity, Prebend, Canonry, Benefice or any Stipendiary Curacy or Lectureship, to take to farm, for Occupation by himself, by Lease, Grant, Words or otherwise, for Term of Life or Term of Years, or at Will, any Lands, exceeding in Amount in the whole Eighty Acres, for the Purpose of occupying or using or cultivating the same, without the Consent in Writing of the Bishop of the Diocese in which such Dignity, Canonry, Prebend, Benefice, Stipendiary Curacy or Lectureship shall be locally situate, specially given for that Purpose; and every such Permission to any Spiritual Person to take to farm, for the Purposeof occupying the same, any greater Quantity of Land than Eighty Acres, shall specify the Number of Years, not exceeding Seven, for which the Permission is given; and every such Spiritual Person as aforesaid who shall, without such Permission as aforesaid, take to farm any greater Quantity of Land than Eighty Acres, shall forfeit for every Acre of Land above the Quantity of Eighty Acres so taken to farm, the Sum of FortyShillings for each and every Year during or in which he shall so occupy, use, cultivate or farm such Land contrary to the Provisions of this Act, to be recovered by and to the Use of any Person who may inform and sue for the same.
III Spiritual Person beneficed, or performing Ecclesiastical Duty, engaging in Trade, &c. Penalty, and Contracts void.
III. And be it further enacted, That no Spiritual Person having or holding any Dignity, Prebend, Canonry, Benefice, Stipendiary Curacy or Lectureship, shall by himself, or by any other for him or to his Use, engage in or carry on any Trade or Dealing for Gain or Profit, or deal in any Goods, Wares or Merchandize, by buying and selling for Lucre, Gain or Profit, in any Market, Fair or other Place, upon pain of forfeiting the Value of the Goods, Wares and Merchandizes, by him or by any to his Use, bargained and bought to sell again contrary to the Provisions of this Act; and that every Bargain and Contract so made by him, or by any to his Use, in any such Trade or Dealing, contrary to this Act shall be utterly void and of none Effect; and the one Half of every such Forfeiture shall go to His Majesty, and the other Half to him that will sue for the same.
IV Proviso for Spiritual Persons engaged in keeping Schools, or as Tutors, &c. in respect of any thing done, or any buying or selling in such Employment; and for selling any thing bon fide bought for the Use of the Family; or occupying any Glebe, &c.
IV. And be it further enacted, That nothing in this Act contained in relation to being engaged in Trade or Dealing, or buying or selling, shall extend or he construed to extend to, or to subject to any Penalty or Forfeiture, any Spiritual Person for keeping a School or Seminary, or acting as a Schoolmaster or Tutor or Instructor, or being in any manner concerned or engaged in giving Instruction or Education for Profit or Reward, or for buying or selling, or doing any other Act, matter or thing in the Conduct of, or carrying on, or in relation to the Management of any such School, Seminary or Employment; or to any Spiritual Person whatever, for the buying of any Goods, Wares or Merchandizes, or Articles or things of any Description, which shall, without Fraud or Covin, be bought, to the Intent and Purpose, at the buying thereof, to be used and employed by the Spiritual Person buying the same for his Family or in his Household, and after the buying of any such Goods, Wares or Merchandizes, or Articles or things, the selling the same again, or any Parts thereof, which such Person may not want or choose to keep, although the same shall be sold at any advanced Price beyond that which may have been given for the same; or for any buying or selling again for any Lucre, Gain or Profit of any manner of Cattle or Corn, or other matters or things whatever, necessary, proper or convenient to be bought, sold, kept or maintained by any Spiritual Person, or any other Person for him, or to his Use, for the Occupation, Manuring, Improving, Pasturage or Profit of any Glebe, Demesne, Farms, Lands, Tenements or Hereditaments, which may be lawfully held and occupied, possessed or enjoyed by such Spiritual Person, or any other for him or to his Use: Provided always, that nothing herein contained shall extend or be construed to extend to authorize any such Spiritual Person to sell any Cattle or Corn, or other matters or things as aforesaid, in Person, in any Market, Fair or Place of public Sale.
V Non Residence.
V. And be it further enacted, That from and after the passing of this Act every Spiritual Person holding any Benefice, who shall, without any such Licence or Exemption as is in this Act allowed...
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