Pluralities Act 1838

XXXIX Performance of Cathedral Duties, &c. may be accounted as Residence, under certain Restrictions.

And be it enacted, That it shall be lawful for any Spiritual Person, being Prebendary, Canon, Priest Vicar, Vicar Choral, or Minor Canon in any Cathedral or Collegiate Church, or being a Fellow of one of the said Colleges of Eton or Winchester, who shall reside and perform the Duties of such Office during the Period for which he shall be required to reside and perform such Duties by the Charter or Statutes of such Cathedral or Collegiate Church or College, as the Case may be, to account such Residence as if he had resided on some Benefice: Provided always, that nothing herein contained shall be construed to permit or allow any such Prebendary, Canon, Priest Vicar, Vicar Choral, Minor Canon, or Fellow, to be absent from any Benefice on account of such Residence and Performance of Duty for more than Five Months altogether in any One Year, including the Time of such Residence on his Prebend, Canonry, Vicarage, or Fellowship : Provided also, that it shall be lawful for any Spiritual Person having or holding any such Office in any Cathedral or Collegiate Church or College in which the Year for the Purposes of Residence is accounted to commence at any other Period than the First of January, and who may keep the Periods of Residence required for Two successive Years at such Cathedral or Collegiate Church or College, in whole or in part, between the First of January and the Thirty-first of December in any One Year, to account such Residence, although exceeding Five Months in the Year, as reckoned from the First of January to the Thirty-first of December, as if he had resided on some Benefice, any thing in this Act contained to the contrary notwithstanding.