parochial chapelry, of which he may be poffeffed, fhall, when fuch abfence fhall exceed fuch period as aforefaid, and not exceed fix months, forfeit and pay one third of the annual value (deducting therefrom all outgoings, except any ftipend paid to any Curate) of the dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, from which he thall fo abfent himself as aforefaid; and when such absence fhall exceed fix months, and not exceed eight months, one half of fuch annual value; and when fuch abfence fhall exceed eight months, two thirds of fuch annual value; and when fuch absence fhall have been for the whole of the year, three fourths of fuch annual value; to be recovered by action of debt, bill, plaint, or information, in any of his Majesty's Courts of Record at Weftminster, or the Courts of Great Seffions. in Wales, wherein no effoin, privilege, protection, or wager of law, or more than one imparlance fhall be allowed; and the whole of every fuch penalty or forfeiture fhall go and be paid to the person or perfons who fhall inform and fue for the fame, together with fuch costs of fuit as fhall be allowed, according to the practice of the Court in which fuch action fhall be brought; provided, that no parfonage that hath a Vicar endowed, or perpetual Curate, and having no cure of fouls, fhall be taken to be or be comprehended under the name of benefice, within the true intent and meaning, or for the purposes of this Act. 13. And be it enacted, That the Court in which any fuch action, bill, plaint, or information shall be depending, may and fhall, upon application made for that purpose, require by rule or order of the faid Court, or any Judge thereof, the Archbishop or Bishop of the diocefe, within the limits of which the dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, fhall be locally fituate, or to whom the fame fhall be fubject, according to the provifions of this Act, for or by reafon of non-refidence, in, at, or upon which the penalties and forfeitures fhall be fought to be recovered by fuch action, bill, plaint, or information, to certify in writing under his hand to the faid Court; and alfo to the party for that purpose named in the faid rule or order, the reputed annual value of fuch dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry; and upon fuch rule or order being left with fuch Archbishop or Bishop, or the Register of fuch Archbishop or Bifhop, fuch Archbishop or Bishop shall accordingly fo certify fuch reputed annual annual value, and fuch certificate fhall in all fubfequent proceedings upon fuch action, bill, plaint, or information, be received and taken as evidence of the annual value of fuch dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, refpectively, for the purposes of this Act, without prejudice nevertheless to the admiffibility or effect of any fuch other evidence as may be offered or given refpecting the actual value thereof. 14. Provided alfo, and be it further enacted, That no fpiritual perfon being poffeffed of any dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, who fhall have made his refidence and abided at his faid dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, for the fpace of one whole year, without wilful abfence therefrom, for any longer time than three months together, or in the whole at several times, fhall be liable to any of the pains, penalties, or forfeitures in this Act or the faid recited A&t contained, for any previous non-refidence, unless the action for the recovery of fuch penalties or forfeitures thall have been actually commenced against fuch perfon, previous to his having completed fuch refidence for one year, in the manner herein fpecified. 15. And be it further enacted, That no fpiritual perfon having or holding any office, in fuch manner as the fame under any of the provifions of the faid first recited A&t, or of an Act, paffed in the twenty-fifth year of the reign of King Henry the Eighth, intituled, An Act that every Judge of the High Courts may have one Chaplain beneficed with Cure; or of another Act, paffed in the twenty-eighth year of the reign of King Henry the Eighth, intituled, The Bill for Non-refidence of Spiritual Men and their Benefices; or of another Act paffed in the thirty-third year of the reign of King Henry the Eighth, intituled, An A& for the Chancellor of the Dutchy of Lancaster and others to bave Chaplains; would exempt fuch spiritual perfons from refidence, or from the penalties and forfeitures in the faid Acts contained for non-refidence, or actually ferving as a Chaplain of the Houfe of Commons, or as Clerk of his Majefty's Clofet, or as a deputy Clerk thereof, during the time of their refpective attendance, or as a Chaplain General of his Majefty's forces, or Brigade Chaplain on foreign fervice, or Chaplain on board any of his Majesty's fhips, or of his Majefty's dock-yards, or in any of his Majefty's garrifons, or Chaplain of his Majefty's corps of Artillery, during the times of attending the duties of fuch offices offices refpectively, or as Chaplain to any British factory, or in the household of any British Ambaffador or public Minifter refiding abroad, during the time of his actually refiding in fuch factory or household, and performing there at all due times and feafons the duties of fuch his office, or as Chancellor or Vicar General, or in his absence the principal Surrogate or Official in any ecclefiaftical court of any diocefe, whilft they are refiding in the places where their respective offices are exercifed, or as Minor Canon, or Vicar Choral, or Prieft Vicar, or any fuch other public officer in any cathedral or collegiate church, during the times for which they may be required by the canons or local ftatutes thereof to refide at fuch cathedral or collegiate church, and actually refide and perform duty at the fame, or as Deans, Sub-Deans, Priests, or Readers in his Majefty's royal Chapels at St. James's and Whitehall, or as Reader in his Majesty's private Chapel at Windfor or elsewhere, or as Chaplain at the royal Military Asylum at Chelfea, or royal Military College at High Wycombe, or Teacher at the royal Military Academy at Woolwich, or Chaplains at the royal Hofpitals at Greenwich and Chelfea, or as Chaplains to the royal Hospitals for feamen at Haflar and Plymouth, whilft they fhall refpectively refide and perform the duties of their refpective offices, or as a Preacher or Reader in any of the Inns of Court, or at the Rolls, or as Burfar, Dean, Vice President, or public Tutor or Chaplain, or other fuch public officer, in any College or Hall in either of the Univerfities of Oxford or Cambridge, during the period for which he may respectively be required, by reason of any fuch office, to perform the duties of any fuch office, and actually fhall perform the duties of the fame, or as public Librarian, or public Registrar, or Proctor, or public Orator, or other fuch public officer, in either of the faid Univerfities, during the period for which he may respectively be required, by reafon thereof, to perform the duties of any fuch office, and actually fhall perform the duties of the fame, or as Fellow of any College in either of the Universities, or of Eton or Winchefter College, during the time for which he may be required to relide by any charter or ftatute, and actually refides therein, or as Warden or Provost of Eton or Winchester College, during the time for which they may be refpectively required to refide, or fhall actually refide therein, or as Schoolmafter or Ufher in the fame, or as Schoolmafter or Ufher of Weftminster School, fhall be liable to any of the pains, penalties, or forfeitures in the faid first recited Act or this Act contained, for or on account of any non-refidence on any dignity, prebend, benefice, donative, or perpetual curacy; any thing in the faid Act or this Act contained to the contrary notwithstanding. 16. And be it further enacted, That, from and after the paffing of this Act, no perfon or perfons mentioned in an Act, paffed in the twenty-eighth year of the reign of King Henry the Eighth, intituled, The Bill for Nonrefidence of Spiritual Men and their Benefices, and entitled under the provifions of the faid Act, or any other Act, to the privilege and liberty of non-refidence, until after and above the age of forty years, fhall be entitled to enjoy the privilege and liberty of non-refidence after or above the age of thirty years, without prejudice nevertheless to any of the exceptions and favings contained in the said A&t; any thing in the faid Act contained to the contrary notwithstanding. 17. And be it further enacted, That no penalty or cofts incurred by any fpiritual perfon by reafon of any nonrefidence on his dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, fhall be levied by execution against the body of fuch perfon, whilft he shall hold the fame or any other dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, out of the profits of which the fame can be levied by fequeftration, within the term of three years; and in cafe the body of any fuch fpiritual perfon fhall be taken in execution for the fame, the Court in which the fame was recovered, or any Judge thereof, may and fhall, upon application made for that purpose, discharge the party from fuch execution, in cafe it fhall be made to appear to the fatisfaction of fuch Court or Judge, that fuch penalty and costs can be levied as aforefaid. 18. And be it further enacted, That, from and after the paffing of this Act, it fhall be lawful for the feveral Bifhops refpectively, in that part of the United Kingdom of Great Britain and Ireland called England, upon application made for that purpose by petition in writing, by any fpiritual perfon having or holding any dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, locally fituated within their refpective diocefes, upon fuch proofs as to any facts ftated in any fuch petition as any fuch Bifhop may think neceffary, if he thall require it, by affidavit made before any Surrogate or Mafter Extraordinary in Chancery, (which oath any Surro-* K gate gate or Mafter Extraordinary in Chancery is hereby authorized and required to adminifter,) to grant in fuch cafes as are herein-after enumerated, where, on due confideration of all the circumstances stated in any fuch application, and verified to the fatisfaction of the Bishop as aforefaid, fuch Bishop shall in his discretion think it fit to grant the fame, a licence in writing under his hand, expreffing the caufe of granting the fame, for the nonrefidence of fuch spiritual perfon on his dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, for the purpose of exempting fuch perfon from any pecuniary penalties or forfeitures; under and fubject neverthelefs to the regulations, provifions, and restrictions in this Act contained. 19. And be it further enacted, That it fhall be lawful for any Bishop to grant licences to any spiritual perfons having any dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, within his diocefe, to refide out of the proper houfe of refidence, or out of the parish, and within fuch diftance therefrom, as the cafe may appear to fuch Bishop to require, if, upon the confideration of all the circumstances of any fuch cafe, fuch Bishop shall in his discretion think the fame fit and proper, in the several cafes herein-after mentioned; (that is to fay), To any fpiritual person who fhall be prevented from refiding in the proper houfe of refidence, or in the parish, by actual illness or infirmity of body of himself, or wife or child, making part of, and refiding with him as part of his family; and alfo to any spiritual perfon having or holding any dignity, prebend, benefice, donative, perpetual curacy, or parochial chapelry, whereupon or wherein there fhall be no houfe of refidence, or where the house of refidence fhall be unfit for the refidence of fuch ecclesiastical perfon, fuch unfitness not being occafioned by any negligence, default, or other mifconduct of fuch ecclefiaftical perfon, fuch spiritual perfon keeping fuch house of refidence in fuch repair as fhall be to the fatisfaction of the Bishop; and alfo to any spiritual person having or holding any benefice, donative, perpetual curacy, or parochial chapelry, and having or poffeffing or occupying in the parish of the fame refpectively, any manfion or meffuage belonging to himself or any relative, to refide in such manfion or meffuage, fuch fpiritual perfon keeping the house of refidence, and other buildings belonging thereto, in good and fufficient repair and condition, to the fatisfaction of the Bishop; and also to any spiritual perfon |