Pluralities Act 1838

1. Introductory Text

2. Both Acts now wholly repealed ; saving as to Penalties already incurred, or Licences already granted.

3. II. Not more than Two Preferments to be held together ;

4. III. nor Two Benefices, unless within Ten Miles of each other ;

5. IV. nor if Population of One such Benefice is more than 3,000, or joint yearly Value shall exceed 1,000l.

6. V. If yearly Value of One of said Benefices be less than 150l., and the Population shall exceed 2,000 Persons, the Two may be held jointly, after Statement of Reasons by the Bishop. Proviso as to Residence on larger Parish.

7. VI. Licence or Dispensation to hold together any Two Benefices must be obtained from the Archbishop of Canterbury.

8. VII. A Statement of certain Particulars to be made by every Spiritual Person to the Bishop of the Diocese previous to Application for a Licence or Dispensation. Bishop may make Inquiry as to the Accuracy of Statement. Bishop to transmit a Certificate to the Archbishop of Canterbury, setting forth Copy of the Statement made to the Bishop and other Particulars.

9. VIII. How annual Value of Two Benefices to be held together by Dispensation to be estimated.

10. IX. Certificate to be deposited in Office of Faculties; and be conclusive Evidence of Value, Population, and Distance.

11. X. In other Cases how annual Value, to be estimated.

12. XI. Acceptance of Preferment contrary to this Act vacates the former Preferment.

13. XII. Present Rights of Possession saved.

14. XIII. Saving of other Rights.

15. XIV. Saving as to former Chaplains to the House of Commons.

16. XV. Acts 37 H.8 c.21 and 17 c.2 c.3 for uniting Churches, repealed ;

17. XVI. and their Provisions re-enacted and extended.

18. XVII. Glebe Lands, &c. may in certain Cases be excepted out of any United Benefice to augment the Provision for any other adjoining poor Benefice by an Exchange in such Manner that the Augmentation shall be situate within the Limits of such other Benefice.

19. XVIII. Such Conveyances in Exchange to be by Deed in Writing, under the Hands and Seals of all Parties interested, to be inrolled in Chancery.

20. XIX. Approval of Bishop of the Diocese.

21. XX. No Union except under this Act.

22. XXI. Provisions for partly disuniting united Benefices.

23. XXII. Incumbent may resign One or more of disunited Benefices, and Patron may present.

24. XXIII. Portion of Glebe, &c. may be assigned to each of the dissevered Benefices ;

25. XXIV. and shall belong to the Incumbent.

26. XXV. More than One House may be provided in disunited Benefices.

27. XXVI. Provisions for annexing isolated Places to the contiguous Parishes, or making them separate Befices.

28. XXVII. Power of adjusting Disputes arising out of the foregoing Alterations.

29. XXVIII. Spiritual Persons not to take to farm for Occupation above Eighty-Acres, without Consent of the Bishop, and then not beyond Seven Years, under Penalty of 40s. per Acre.

30. XXIX. No Spiritual Person, beneficed or performing Ecclesiastical Duty, shall engage in Trade, or buy to sell again for Profit or Gain.

31. XXX. Not to extend to Spiritual Persons engaged in keeping Schools, or as Tutors, &c. in respect of any thing done, or any buying or selling in such Employment ; or to selling any thing bonâ fide bought for the Use of the Family, or to being a Manager, &c. in any Benefit or Life or Fire Assurance Society; or buying and selling: Cattle, &c. for the Use of his own Lands, &c.

32. XXXI. Spiritual Persons illegally trading may be suspended, and for the Third Offence deprived.

33. XXXII. Penalties for Non-residence, on Incumbent not having a Licence or Exemption, unless he be resident on another Benefice.

34. XXXIII. Licence to reside out of the usual House, if unfit.

35. XXXIV. Houses purchased by Governors of Queen Anne's Bounty to be deemed Residences.

36. XXXV. Vicar or Perpetual Curate may reside in Rectory House.

37. XXXVI. Widow of any Spiritual Person may continue in the House of Residence for Two Months after his Decease.

38. XXXVII. Certain Persons exempt from Penalties for Non-residence.

39. XXXVIII. Privileges for temporary Non-residence.

40. XXXIX. Performance of Cathedral Duties, &c. may be accounted as Residence, under certain Restrictions.

41. XL. Existing Rights as to Exemptions and Licences preserved.

42. XLI. If House of Residence not kept in repair, the Incumbent to be liable to the Penalties for Non-residence.

43. XLII. Every Petition for Licence for Non-residence to be in Writing, and to state certain Particulars.

44. XLIII. Bishop may grant Licences for Non-residence in certain enumerated Cases. Appeal to Archbishop in case of Refusal.

45. XLIV. In Cases not enumerated Bishops may grant Licences to reside out of Limits of Benefice, subject to Allowance by the Archbishop.

46. XLV. By whom Licences may be granted while a See is vacant, &c.

47. XLVI. Duration of Licences.

48. XLVII. Fee for Licence.

49. XLVIII. Licences not to be void by the Death or Removal of the Grantor

50. XLIX. Licences may be revoked.

51. L. Copies of Licences or Revocations to be filed in the Registry of the Diocese, and a List kept for Inspection ; and Copies transmitted to Churchwardens, and publicly read tit the first Visitation.

52. LI. List of Licences allowed by the Archbishop, or granted in his own Diocese, to be annually transmitted to Her Majesty in Council, who may revoke Licences, &c. Licence although revoked, to be deemed valid between the Grant and Revocation.

53. LII. Incumbents to answer Questions transmitted to them by Bishop.

54. LIII. Annual Return to be made to Her Majesty in Council of Residents and Non-residents, &c.

55. LIV. Residence may be enforced by Monition, or the Living sequestered. Appeal against Sequestration to the Archbishop.

56. LV. Incumbents returning to Residence on Monition to pay the Costs.

57. LVI. Incumbent returning to Residence on Monition, but again absenting himself within 12 Months, the Bishop may, without further Monition sequester.

58. LVII. Reasons for remitting Penalties for Non-residence of a certain Amount to be transmitted to the Queen in Council.

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

60. LIX. Contracts for letting Houses in which any Spiritual Persons required by Bishop to reside to be void. Penalty for holding adverse Possession 40s. for every Day.

61. LX. Incumbent not liable to Penalty for Non-residence while the Tenant occupies.

62. LXI. Vicar's Oath relating to Residence abolished.

63. LXII. On Avoidance of Benefice not having fit House of Residence Bishop to raise Money to build one by Mortgage of Glebe, &c. for 35 Years.

64. LXIII. Bishop to transmit Copies of Report, &c. to Patron and Incumbent, who may object within Two Months, and if so Bishop may order Plan to be modified or abandoned.

65. LXIV. Every Mortgagee to execute a Counterpart of the Mortgage, to be kept by the Incumbent, &c.

66. LXV. On Failure of Payment of Principal and Interest for 40 Days after due, Mortgagee may distrain.

67. LXVI. Money borrowed to be paid to such Persons as the Bishop shall appoint ; who shall contract for the Buildings &c. and see the same executed, and pay for them, &c. How the Balance remaining shall be disposed of.

68. LXVII. Directions for Payment of Principal and Interest of the Mortgages. As soon as the Buildings are completed, Incumbent to insure them against Fire.

69. LXVIII. For proportioning the annual Payment, in case of Death or other Avoidance.

70. LXIX. All Money received for Dilapidations, &c. shall be applied in Part of the Payments under the aforesaid Estimate ; or in making some additional Improvements, &c.

71. LXX. Where new Buildings are necessary for the Residence of the Incumbent, the Bishop may purchase any conveniently situated House, and a certain Portion of Land.

72. LXXI. Buildings and Lands to be conveyed to Patron in Trust for the Incumbent for the Time being.

73. LXXII. Governors of Queen Anne's Bounty empowered to lend certain Sums to promote the Execution of this Act.

74. LXXIII. Colleges in Oxford and Cambridge and other Corporate Bodies, Patrons of Livings, may lend any Sums without Interest, to aid the Execution of this Act.

75. LXXIV. Allowance to Person nominated by the Bishop to pay and apply Money.

76. LXXV. Non-resident Incumbents neglecting to appoint Curates, the Bishop to appoint.

77. LXXVI. Curate to reside on Benefices, under certain Circumstances.

78. LXXVII. If Duty inadequately, performed, the Bishop may appoint a Curate ; but Incumbent may appeal.

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

80. LXXIX. Stipend to be paid by Committee of Lunatic's Estate.

81. LXXX. Bishops may enforce Two Services on Sundays in certain Cases. Not to affect the Provision of the Act.

82. LXXXI. Statement of Particulars necessary to be given, and Declaration to be made, on Application for a Licence for a Curate.

83. LXXXII. Fee for Licence.

84. LXXXIII. Bishop shall appoint Stipends to Curates ; and decide Differences respecting them.

85. LXXXIV. Stipends to Curates of Incumbents before 20th July 1813 not to exceed a certain Rate.

86. LXXXV. Stipends to Curates to be according to specified Scale, proportioned to the Value and Population of the Benefice.

87. LXXXVI. Larger Stipends in certain Cases of larger Value and Population. Bishop may require Two Curates. Appeal.

88. LXXXVII. Smaller Stipends in certain Cases.

89. LXXXVIII. Stipend of Curate engaged to serve interchangeably at different Benefices belonging to the same Incumbent.

90. LXXXIX. How the Stipends shall be adjusted where the Curate is permitted to serve in Two adjoining Parishes.

91. XC. Agreements for Stipends to Curates contrary to this Act void.

92. XCI. Curate's Stipend, if of the Value of the Benefice, liable to all Charges.

93. XCII. Bishop may allow Incumbent to deduct from Curate's Stipend for Repairs to a limited Amount, in certain Cases.

94. XCIII. Curate directed to reside in Parsonage House, in case of Non-residence of Incumbent, may have certain Portion of Glebe assigned to him by Bishop.

95. XCIV. Curates to pay Taxes of Parsonage Houses in certain Cases.

96. XCV. Curate to quit Cure upon having Six Weeks Notice from new Incumbent within Six Months after his Admission, and in other Cases Incumbent, with Bishop's Permission, may dispossess Curate of Cure on Six Months Notice. Appeal.

97. XCVI. Curate peaceably to deliver up Possession of House of Residence within Six Months after Notice, or pay 40s. per Day.

98. XCVII. Curate not to quit Curacy without Three Months Notice to Incumbent and Bishop, under a Penalty.

99. XCVIII. Bishop may license Curates employ out Nomination, revoke any Licence, and remove the Curate, subject to Appeal to the Archbishop.

100. XCIX. Bishop may appoint Curates to all sequestered Benefices.

101. C. Stipend of Curate of sequestered Benefice to be paid by Sequestrator.

102. CI. Proviso for Payment by succeeding Incumbent, where Profits during Sequestration insufficient.

103. CII. Licences to Curates, and Revocations thereof, to be entered in the Registry of the Diocese.

104. CIII. Repeal of Part of 6 & 7 W.4 c.77.

105. CIV. Provision for Benefices in certain Welsh Dioceses.

106. CV. Provision for Curates in certain Welsh Dioceses.

107. CVI. No Spiritual Person to serve more than Two Benefices in One Day.

108. CVII. Provisions relating to Bishops to apply to Archbishops in their own Dioceses.

109. CVIII. Power of Archbishops and Bishops as to exempt or peculiar Benefices, &c.

110. CIX. Where Jurisdiction is given to Bishop, &c. all concurrent Jurisdiction to cease.

111. CX. Sequestrations under this Act to have Priority.

112. CXI. The Mode of appealing to the Archbishop of the Province.

113. CXII. Regulations respecting Monitions and Sequestrations.

114. CXIII. Sequestration not to issue after Monition to reside, until Service of Order.

115. CXIV. Recovery of Penalties against Spiritual Persons.

116. CXV. Recovery of Fees, &c.

117. CXVI. Penalty on Registrar for Neglect.

118. CXVII. Recovery of Penalties against Laymen or unbeneficed Clergymen.

119. CXVIII. Penalties not recoverable for more than One Year

120. CXIX. Application of Penalties,

121. CXX. Commencement and Conclusion of the Year.

122. CXXI. How Months to be calculated.

123. CXXII. Certified Copy of Entry of Licence to be Evidence.

124. CXXIII. Statements how to be verified.

125. CXXIV. Definition of the Terra " Cathedral Preferment ". and " Benefice. "

126. CXXV. Who to be considered Patron.

127. CXXVI. How Consent of Patron to be testified, where Patronage in the Crown.

128. CXXVII. How where Patron is an incapacitated Person.

129. CXXVIII. How where Patronage is attached to the Duchy of Cornwall.

130. CXXIX. Distance how to be computed.

131. CXXX. Population how to be computed.

132. CXXXI. Tables of Fees to be taken by Officers with respect to Admissions to Benefices, by whom to be established.

133. CXXXII. Act not to affect Powers of Bishops.

134. CXXXIII. Act not to extend to Ireland.

135. 1. The FIRST SCHEDULE referred to in the foregoing Act

     2. The SECOND SCHEDULE referred to in the foregoing Act