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Pluralities Act 1838

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LXXVNon-resident Incumbents neglecting to appoint Curates, the Bishop to appoint.

And be it enacted, That if any Spiritual Person holding any Benefice, who shall not actually reside thereon Nine Months in each Year, (unless such Person shall, with the Consent of the Bishop, from Time to Time, signified in Writing under his Hand and revocable at any Time, perform the Ecclesiastical Duties of the same, he either being resident on another Benefice, of which he shall also be the Incumbent, or having a legal Exemption from Residence on his Benefice, or having a Licence to reside out of the same, or to reside out of the usual House of Residence belonging to the same,) shall for a Period exceeding Three Months altogether, or to be accounted at several Times, in the course of any One Year absent himself from his Benefice, without leaving a Curate or Curates duly licensed or approved by the Bishop to perform such Ecclesiastical Duties, or shall, for a Period of One Month after the Death, Resignation, or Removal of any Curate who shall have served his Church or Chapel, neglect to notify such Death, Resignation, or Removal to the Bishop, or shall for the Period of Four Months after the Death, Resignation, or Removal of such Curate neglect to nominate to the Bishop a proper Curate, in every such Case the Bishop is hereby authorized to appoint and license a proper Curate, with such Salary as is by this Act allowed and directed, to serve the Church or Chapel of the Benefice in respect of which such Neglect or Default shall have occurred: Provided always, that such Licence shall in every Case specify whether the Curate is required to reside within the Parish or Place, or not; and if the Curate is permitted by h e Bishop to reside out of the Parish or Place, the Grounds upon which the Curate is so permitted to reside out of the same shall be specified in such Licence; and the Distance of the Residence of any Curate from any such Church or Chapel which he shall be licensed to serve shall not exceed Three Statute Miles, except in Cases of Necessity, to be approved by the Bishop, and specified in the Licence.

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