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Pluralities Act 1838

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XIAcceptance of Preferment contrary to this Act vacates the former Preferment.

And be it enacted, That if any Spiritual Person, holding any Cathedral Preferment or Benefice, shall accept any other Cathedral Preferment or Benefice, and be admitted, instituted, or licensed to the same contrary to the Provisions of this Act, every Cathedral Preferment or Benefice so previously held by him shall be and become ipso facto void, as if he had died or had resigned the same, any Law, Statute, Canon, Usage, Custom, or Dispensation to the contrary notwithstanding ; and if any Spiritual Person holding any Two or more Benefices shall accept any Cathedral Preferment, or any other Benefice, or if any Spiritual Person holding Two or more Cathedral Preferments shall accept any Benefice, or if any Spiritual Person holding any Cathedral Preferment or Preferments, and Benefice or Benefices, shall accept another Benefice, he shall, before he is instituted, licensed, or in any Way admitted to the said Cathedral Preferment or Benefice, in Writing under his Hand declare to the Bishop or Bishops within whose Diocese or Dioceses any of the Cathedral Preferments or Benefices previously holden by him are situate, which Cathedral Preferment and Benefice, or which Two Benefices, (such Two Benefices being tenable together under the Provisions of this Act,) he proposes to hold together, and a Duplicate of such Declaration shall by such Spiritual Person be transmitted to the Registry of the Diocese, and be there filed ; and immediately upon any such Spiritual Person being instituted, licensed, or in any Way admitted to the Cathedral Preferment or Benefice which he shall have accepted as aforesaid, such Cathedral Preferment or Preferments, Benefice or Benefices as he previously held, and as he shall not as aforesaid have declared his Intention to hold, or such Benefice as shall not be tenable under the Provisions of this Act with such newly-accepted Benefice, shall be and become ipso facto void, as if he had died or had resigned the same ; and if such Spiritual Person shall in any such Case refuse or wilfully omit to make such Declaration as aforesaid, every Cathedral Preferment and Benefice which he previously held shall be and become ipso facto void as aforesaid : Provided always, that nothing herein contained shall be construed to affect the Provision herein-before made with respect to Archdeacons, or with respect to Spiritual Persons holding, with any Cathedral Preferment, and with or without a Benefice, Offices in the same Cathedral or Collegiate Church.

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