Pluralities Act 1838

LVIII Benefice continuing so sequestrated One Year, or being Twice so sequestrated within Two Years, to become void.

And be it enacted, That if the Benefice of any Spiritual Person shall continue for the Space of One whole Year under Sequestration issued under the Provisions of this Act for Disobedience to the Bishop's Monition or Order requiring such Spiritual Person to reside on his. Benefice, or if such Spiritual Person shall, under the Provisions of this Act, incur Two such Sequestrations in the Space of Two Years, and shall not be relieved with respect to either of such Sequestrations upon Appeal, such Benefice shall thereupon become void; and it shall be lawful for the Patron of such Benefice to make Donation or to present or nominate to the same as if such Spiritual Person were dead, and the Bishop, on such Benefice so becoming void, shall give Notice in Writing under his Hand to such Patron, which Notice shall either be delivered to such Patron or left at his usual Place of Abode, or if such Patron or Place of Abode shall be unknown, or shall be out of England, such Notice shall be Twice inserted in the London Gazette, and also Twice in some Newspaper printed and usually circulated in London, and in some other Newspaper usually circulated in the Neighbourhood of the Place where such Benefice is situate; and for the Purposes of Lapse the Avoidance of the Benefice shall be reckoned from the Day on which such Notice shall have been delivered as aforesaid, or from the Day on which Six Months shall have expired after the Second Publication of such Notice in the London Gazette, as the Case may be ; and every such Notice in the Gazette and Newspapers shall state that the Patron or the Place of Abode of the Patron is unknown, of that he is said to be out of England, as the Case may be, and that the Benefice will lapse, at the furthest, after the Expiration of One Year from the Second Publication thereof as aforesaid; and upon any such Avoidance it shall not be lawful for the Patron to appoint by Donation or present of nominate to such Benefice so avoided the Person by reason of whose Non-residence the same was so avoided.