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Pluralities Act 1838

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XXVIProvisions for annexing isolated Places to the contiguous Parishes, or making them separate Befices.

And whereas in some Instances Tithings, Hamlets, Chapelries, and other Places or Districts may be separated from the Parishes or Mother Churches to which they belong with great Advantage, and Places altogether extra-parochial may in some Instances with Advantage be annexed to Parishes or Districts to which they are contiguous, or be constituted separate Parishes for Ecclesiastical Purposes; be it enacted, That when, with respect to his own Diocese, it shall appear to the Archbishop of the Province, or when the Bishop of any Diocese shall represent to the said Archbishop that any such Tithing, Hamlet, Chapelry, Place, or District within the Diocese of such Archbishop, or the Diocese of such Bishop, as the Case may be, may be advantageously separated from any Parish or Mother Church, and either be constituted a separate Benefice by itself or be united to any other Parish to which it may be more conveniently annexed, or to any other adjoining Tithing, Hamlet, Chapelry, Place, or District, parochial or extra-parochial, so as to form a separate Parish or Benefice, or that any Extra-parochial Place may with Advantage be annexed to any Parish to which it is contiguous, or be constituted a separate Parish for Ecclesiastical Purposes ; and the said Archbishop or Bishop shall draw up a Scheme in Writing (the Scheme of such Bishop to be transmitted to the said Archbishop for his Consideration), describing the Mode in which it appears to him that the Alteration may best be effected, and how the Changes consequent on such Alteration in respect to Ecclesiastical Jurisdiction, Glebe Lands, Tithes, Rent-charges, and other Ecclesiastical Dues, Rates, and Payments, and in respect to Patronage and Rights to Pews, may be made with Justice to all Parties interested ; and if the Patron or Patrons of the Benefice or Benefices to be affected by such Alteration shall consent in Writing under his or their Hands to such Scheme, or to such Modification thereof as the said Arch, bishop may approve, and the said Archbishop shall, on full Consideration and Inquiry, be satisfied with any such Scheme or Modification thereof, and shall certify the same and such Consent as aforesaid, by his Report to Her Majesty in Council, it shall be lawful for Her Majesty in Council to make an Order for carrying such Scheme, or Modification thereof, as the Case may be, into effect; and such Order, being registered in the Registry of the Diocese, which the Registrar is hereby required to do, shall be forthwith binding on all Persons whatsoever, including the Incumbent or Incumbents of the Benefice or Benefices to be affected thereby, if he or they shall have consented thereto in Writing under his or their Hands; but if such Incumbent or Incumbents shall not have so consented thereto the Order shall not come into operation until the next Avoidance of the Benefice by the Incumbent objecting to the Alteration, or by the surviving Incumbent objecting, if more than One shall object thereto ; and in such Case the Order shall forthwith, after such Avoidance, become binding on all Persons whatsoever.

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