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If Incumbent of augmented Benefice do not reside, Salary to cease.
5 G. 4. c. 91.
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XCV. And be it further enacted, That if the Incumbent of any Benefice, or any Parson, Vicar, Minister, or Curate, whose Maintenance has been augmented by the Trustees and Commissioners of First Fruits, or which shall be so augmented by the Commissioners under this Act, by the Grant of such annual Salary or otherwise, shall not reside upon such augmented Benefice, Living, or Curacy, or so conveniently as shall be satisfactory to the Bishop of the Diocese, or shall be wilfully absent from the Cure of such Church or Chapel for the Service of which such Augmentation has been or shall be so granted, for any Period exceeding the Space of Sixty-one Days together, or to be accounted at several Times in any One Year, and make his Residence and abiding at any other Place or Places, without such Licence or Exemption as allowed by an Act passed in Fifth Year of the Reign of His late Majesty, intituled An Act to consolidate and amend the Laws for enforcing the Residence of Spiritual Persons on their Benefices, to restrain Spiritual Persons from carrying on Trade or Merchandize, and for the Support and Maintenance of stipendiary Curates, in Ireland, and unless such Parson, Vicar, Curate, or Minister so to be absent by virtue of such Licence or Exemption shall find and provide a sufficient Person, to be approved of by the Archbishop, Bishop, or other Ordinary of such Diocese, to supply the Cure and perform Divine Service in such Church or Chapel as aforesaid during such Absence; and if there shall be a Discontinuance of the Performance of Divine Service, except for the necessary Repairs, or rebuilding, or enlarging of the said Churches or Chapels, or for other Cause to be approved of by the Archbishop, Bishop, or other Ordinary of the Diocese, and certified to the said Commissioners as aforesaid; then and in any of said Cases such Salary or Augmentation so made or to be made of any such Benefice, Living, or Curacy, and all Right and Title of any such Parson, Vicar, Incumbent, Curate, or Minister to demand or receive such Salary or Augmentation, shall utterly cease and be determined, during his Incumbency only, notwithstanding any such Grant before made thereof; and that such Parson, Vicar, Incumbent, Curate, or Minister shall for ever after be disabled and rendered incapable of having or enjoying such Salary or Augmentation, but that the same shall nevertheless be restored and payable to the next Successor as if the same had not so ceased or been so suspended; and that the said Salary or Augmentation so stopped during the Incumbency of such disabled Person shall be vested in the said Commissioners, to be applied by them to such Uses and Purposes as the same might have been applied to if the same had not been so granted as aforesaid.
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