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Pluralities Act 1838

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XXXISpiritual Persons illegally trading may be suspended, and for the Third Offence deprived.

And be it enacted, That if any Spiritual Person shall trade or deal in any Manner contrary to the Provisions of this Act, it shall be lawful for the Bishop of the Diocese where such Person shall hold any Cathedral Preferment, Benefice, Curacy, or Lectureship, or shall be licensed or otherwise allowed to perform the Duties of any Ecclesiastical Office whatever, to cause such Person to be cited before his Chancellor or other competent Judge, and it shall be lawful for such Chancellor or other Judge, on Proof in due Course of Law of such trading, to suspend such Spiritual Person for his First Offence for such Time not exceeding One Year as to such Judge shall seem fit; and on Proof in like Manner before such or any other competent Ecclesiastical Judge of a Second Offence committed by such Spiritual Person subsequent to such Sentence of Suspension, such Spiritual Person shall for such Second Offence be suspended for such Time as to the Judge shall seem fit; and for his Third Offence be deprived ab officio et beneficio, and thereupon it shall be lawful for the Patron or Patrons of any such Cathedral Preferment, Benefice, Lectureship, or Office to make Donation or to present or nominate to the same as if the Person so deprived were actually dead; and in all such Cases of Suspension the Bishop during such Suspension shall sequester the Profits of any Cathedral Preferment, Benefice, Lectureship, or Office of which such Spiritual Person may be in Possession, and by an Order under his Hand direct the Application of the Profits of the same respectively, after deducting the necessary Expences of providing for the due Performance of the Duties of the same respectively, towards the same Purposes and in the same Order, as near as the Difference of Circumstances will admit, as are herein-after directed with respect to the Profits of a Benefice sequestered in case of Non-compliance after Monition with an Order requiring a Spiritual Person to proceed and reside on his Benefice, save that no Part of such Profits shall be paid to the Spiritual Person so suspended nor applied in satisfaction of a Sequestration at the Suit of a Creditor ; and in case of Deprivation the Bishop shall forthwith give Notice thereof in Writing under his Hand to the Patron or Patrons of any Cathedral Preferment, Benefice, Lectureship, or Office which the said Spiritual Person may have holden in the Manner herein-after required with respect to Notice to the Patron of a Benefice continuing under Sequestration for One whole Year, and thereby becoming void, and any such Cathedral Preferment or Benefice shall lapse at such Period after the said Notice as any such last-mentioned Benefice would under the Provisions of this Act lapse : Provided always, that no Contract shall be deemed to be void by reason only of the same having been entered into by a Spiritual Person trading or dealing, either, solely or jointly with any other Person or Persons, contrary to the Provisions of this Act, but every such Contract may be enforced by or against such Spiritual Person, either solely or jointly with any other Person or Persons, as the Case may be, in the same Way as if no Spiritual Person had been Party to such Contract.

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