Pluralities Act 1838

LXXVIII In large Benefices an Assistant Curate may be required. Appeal.

And be it enacted, That whenever the annual Value of any Benefice the Incumbent whereof was not in Possession at the Time of the passing of this Act shall exceed Five hundred Pounds, and the Population thereof shall amount to Three thousand Persons, or though the Population do not amount to Three thousand Persons, if there be in the said Benefice a second Church or Chapel situated not less than Two Miles from the Mother Church, and with a Hamlet or District connected with it containing Four hundred Persons, it shall be lawful for the Bishop, if he shall see fit, to require the Spiritual Person holding such Benefice, although he shall be resident thereon or engaged in performing the Duties thereof, to nominate a fit and proper Person to be licensed as a Curate to assist in performing the Duties of such Benefice, and to be paid by the Person holding the same and if a fit Person shall not be nominated to the Bishop within Three Months after his Requisition for that Purpose shall have been delivered to the Incumbent, or left at his last or usual Place of Abode, it shall be lawful for the Bishop to appoint and license a Curate, with such Stipend as he shall think fit to appoint, not exceeding the respective Stipends allowed to Curates by this Act, nor in any Case exceeding One Fifth Part bf the net annual Value of the Benefice: Provided always, that such Spiritual Person may, within One Month after Service upon him of such Requisition to nominate a Curate, or of Notice of any such Appointment of a Curate, appeal to the Archbishop of the Province, who shall approve or revoke such Requisition, or confirm or annul such Appointment, as to him may appear just and proper.