any goods or articles of any description, which shall, with out fraud or covin, be bought to the intent, 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, &c. 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 given for the same; or for any buying or selling again for any lucre or profit, of any manner of cattle or corn, or other matters necessary, proper or convenient to be bought, sold, kept or, maintained by any spiritual person, or other person for him or to his use, for, the occupation, manuring, improving, pasturage, or profit of any glebe, demesne, farms, lands, &c. which may be lawfully held and occupied by such spiritual person, or any other for him, or to his use provided that nothing herein shall extend to authorize any such spiritual person to sell any cattle or corn, or other things as aforesaid, in person, in any market, fair, or place of public sale.

1

5.

non-residence.

P. 326. 7. 8. This act (57 Geo. 3. c. 99.) further provides, (s. 5.) that every spiritual person holding any bene- Penalties for fice, who shall, without any such license or exemption, as is in this act allowed for that purpose, wilfully absent himself, for any period exceeding 3 months together, or to be accounted at several times in any one year, and make his residence and abiding at any other place, except at some other benefice, donative, perpetual curacy, or parochial chapelry, of which he may be possessed, shall, when such absence shall exceed such period as aforesaid, and not exceed 6 months, forfeit and pay one third of the annual value (deducting therefrom all outgoings, except any stipend paid to any curate) of the benefice, &c. from which he shall so absent himself; and when such absence shall exceed. 6 months, and not exceed 8 months, one half of such annual value; and when such absence shall exceed 8 months, two thirds of such annual value; and when such absence shall have been for the whole of the year, three fourths of such annual value; to be recovered by action of How recovered,

debt,

3. 6.

5. 7. Houses pur

vernors of

debt, &c. in any court of record at Westminster, or the courts of great sessions in Wales, wherein no essoign, &e. shall be allowed; and the whole of every such penalty shall be paid to the person or persons who shall inform and sue for the same, together with such costs of suit as shall be allowed according to the practice of such court. And by s. 6. every spiritual person having any benefice, and who Where no house shall not have any house of residence thereon, and who upon benefice, what deemed shall have resided 9 months in the year within the limits legal residence. of his benefice, or within the limits of the city, town, place, or parish in which his 'benefice may be situated, (provided such last-mentioned residence be within 2 miles from the church or chapel of his benefice,) shall not be liable to any penalties on account of non-residence, nor be obliged to take out any license in respect thereof, but the same shall be deemed a legal residence to all intents; and in all returns made by the bishops, persons so residing shall be returned as resident. And this act (s. 7.) recites, that the chased by Go- governors of Queen Anne's bounty have purchased, and may hereafter purchase houses not situate within the pabounty, deemed rishes for which they are purchased, but so contiguous as to be sufficiently convenient and suitable for the residence of the officiating minister; and therefore enacts, that such houses, having been previously approved by the bishop, by writing under his hand and seal, and duly registered in the registry of the diocess, shall be deemed houses of residence appertaining to such benefices. And by s. 8. in all cases of rectories having vicarages endowed, the residence of the vicar in the rectory house shall be deemed a legal residence; provided that the vicarage house be kept in proper repair, to the satisfaction of the bishop. And by s. 9. it shall be lawful for the bishop, in every case in which there shall not be a house of residence belonging to of residence. any benefice within his diocess, to allow and adjudge any fit house within the limits of such benefice, and belonging thereto, or any fit house belonging thereto not within the How, and with limits, but so contiguous as to be sufficiently convenient for the purpose, to be the house of residence thereof; and such allowance, &c. in writing, under the hand and seal of

Queen Anne's

residences.

s. 3.

Residence of

vicar in rectory house legal.

s. 9.

Bishop may appoint a house

in what limits.

such

such bishop, shall, thereupon, be registered in the registry of the diocess; and such house shall, thenceforth, be deemed the honse of residence for the time being.

But

non-residence.

by s. 10. no spiritual person being chancellor, vice-chan- s. 10. cellor, or commissary of either of the universities of Ox- What persons exempted from ford or Cambridge, or being warden, dean, provost, pre- the penalties for sident, rector, principal, master, or other head ruler of any college or hall within said universities, and no spiritual person having or holding any professorship, or any public readership in either of said universities, being actually re. sident within the precincts of the university, and reading lectures therein; and no scholar under the age of 30 years, abiding for study, without fraud, at either of said universities; and no chaplain of the king or queen, or any of the king's or queen's children, brethren, or sisters, so long as he shall actually attend in the discharge of his duty, as such chaplain, in the household to which he shall belong; and no chaplain of any archbishop or bishop, or of any temporal lord of parliament, or of any other person autho rized by law to appoint any chaplain, so long as such chaplain shall abide and dwell, and daily attend in the actual perfomance of his duty, as such chaplain, in the household to which he shall so belong; and no spiritual person actually serving as a chaplain of the house of commons, or as clerk of his majesty's closet, or as a deputy clerk thereof, or a clerk of the closet of the heir apparent, or deputy clerk thereof, or as a chaplain general of his majesty's forces by sea or land, or chaplain of his majesty's dock yards, while such spiritual person shall be actually attending and performing the duties of such office, or as a chaplain in the household of any British embassador residing abroad, during the time of his performing the duties of such his office; or as chancellor or vicar general, or as commissary, whilst exercising the duties of their offices respectively; or as an archdeacon while upon visitations, or otherwise engaged in the exercise of his functions; and no spiritual person being a minor canon, or vicar choral, or priest vicar, or any such other public officer in any cathedral or collegiate church, during the times for which such spiritual person shall actually reside within the precincts of

such

*. 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 inns 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 ball 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 duties; or as fellow of any college in either of the univer sities, 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

1

cathedral

ed.

dence at cathe

commence on

the 1st of Jana

spiritual person being dean, during such time as he shall Dignitaries of reside upon his deanery, or being prebendary or canon, or churches reholding any other dignity in any cathedral or collegiate siding upon their dignities, church, who shall reside any period not exceeding 4 months how far exemptaltogether 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 purposes of residence is accounted to commence at 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. s. 12. it shall be lawful for the bishop of the diocess in which Bishop may license for a 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 quire it. 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 collegiate church, before the passing of this act, shall be &c. appointed subject to any penalty or forfeiture for non-residence upon 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

s. 13.

prebendaries.

before this act.

red.

s. 14.