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Pluralities Act 1838

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XXIProvisions for partly disuniting united Benefices

And whereas from the Increase of Population, or from other Circumstances, it may be expedient that Two or more Benefices which have been heretofore united or which may be hereafter united under the Provisions of this Act should be disunited; be it enacted, That when Two or more Benefices shall have been united or may be hereafter united into One Benefice, and, with respect to his own Diocese, it shall appear to the Archbishop of the Province, or the Bishop of any Diocese shall represent to the said Archbishop of the Province, that One or more of the Benefices within his Diocese of which such united Benefice shall consist may be separated therefrom with Advantage to the Interests of Religion, the said Archbishop shall inquire into the Circumstances of the Case, and if on such Inquiry it shall appear to him that such Union may be usefully dissolved, so far as respects such Benefice or Benefices, he shall, Six Weeks at least before certifying such Inquiry to Her Majesty as herein-after directed, cause with respect to his own Diocese a Statement in Writing of the Facts and in all other Cases a Copy in Writing of the aforesaid Representation to be affixed on or near the principal outer Door of the Church or in some public and conspicuous Place in each of the Benefices forming Part of the united Benefice, with Notice to any Person or Persons interested that he, she, or they may within such Six Weeks show Cause in Writing under his, her, or their Hands to the said Archbishop against any such Disunion ; and if no sufficient Cause be shown within such Time the Archbishop shall certify the Inquiry and Consent, when the Patron's Consent is necessary, to Her Majesty in Council, and thereupon it shall be lawful for Her Majesty to issue an Order for separating such last-mentioned Benefice or Benefices from such united Benefice, and for declaring the Rights of Patronage of the several Patrons if there be more than One Patron, and such Order shall be registered in the Registry of the Diocese to which such united Benefice shall belong, which Order the Registrar of such Diocese, immediately on the Receipt thereof, is hereby required to register accordingly; and thereupon immediately, if such united Benefice shall be then vacant, otherwise on the first Avoidance thereof, such Union shall be ipso facto dissolved so far only as regards such Benefice or Benefices so proposed to be separated from such united Benefice, but in all other respects shall remain in full Force and Effect, and thenceforward such last-mentioned Benefice or Benefices shall be and be deemed and taken to be a separate and distinct Benefice or Benefices to all Intents and Purposes whatever as if no such Union had taken place, and the Patron or Patrons thereof shall and may according to the Terms of such Order present or nominate thereto respectively, and so from Time to Time upon each and every Avoidance of the same : Provided always, that no- Benefices which have been united for more than Sixty Years before the passing of this Act shall be disunited without the Consent in Writing of the Patron or Patrons thereof.

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