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Pluralities Act 1838

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LXVIIIFor proportioning the annual Payment, in case of Death or other Avoidance.

And be it enacted, That the Sum payable at the End of any Year in which there shall be an Avoidance of such Benefice shall be apportioned between the Successor and the Incumbent avoiding such Benefice by Death or otherwise, or his Representatives, in such Proportions as the Profits of such Living shall have been received by them respectively for the Year in which such Death or Avoidance shall happen ; and that in case any Difference shall arise in adjusting or settling the Proportions aforesaid, the same shall be determined by Two indifferent Persons, the one to be named by the said Successor, and the other by the Person making such Avoidance, or his Representatives in case of his Death ; and in case such Nominees shall not be appointed within the Space of Two Calendar Months next after such Death or Avoidance, or if they cannot agree in adjusting such Proportions within the Space of One Calendar Month after they shall have been appointed, the same shall be determined by some neighbouring Clergyman, to be nominated by the Bishop, whose Determination shall be final and conclusive between the Parties.

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