Pluralities Act 1838

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

And be it enacted, That whenever the Bishop shall see Reason to believe that the Ecclesiastical Duties of any Benefice are inadequately performed, it shall be lawful for him to issue a Commission to Four beneficed Clergymen of his Diocese, or if the Benefice be within his peculiar Jurisdiction but locally situate in another Diocese then to Four beneficed Clergymen of such last-mentioned Diocese, one whereof shall be the Rural Dean, if any, of the Rural Deanery or District wherein such Benefice is situated, directing them to inquire into the Facts of the Case ; and it shall be lawful for the Incumbent of the said Benefice to add to such Commissioners One other Incumbent of a Benefice within the same Diocese ; and if the said Commissioners or the major Part of them report in Writing under their Hands to the said Bishop that in their Opinion the Duties of such Benefice are inadequately performed, it shall be lawful for such Bishop, if he shall see fit, by Writing under his Hand, to require the Spiritual Person holding such Benefice, though he may actually reside or be engaged in performing the Duties thereof, to nominate to him a fit Person or Persons, with sufficient Stipend or Stipends, to be licensed by him to perform or to assist in performing such Duties, specifying therein the Grounds of such Requisition ; and if such Spiritual Person shall neglect or omit to make such Nomination for the Space of Three Months after such Requisition so made as aforesaid, it shall be lawful for the Bishop to appoint and license a Curate or Curates, as the Case shall appear to him to require, with such Stipend or Stipends as he shall think fit to appoint, not exceeding the respective Stipends allowed to Curates by this Act in the Case of non-resident Incumbents, nor, except in the Case of Negligence, exceeding One Half of the net annual Value of such Benefice ; and such Bishop shall cause a Copy of every such Requisition, and the Evidence to found the same, to be forthwith filed in the Registry of his Court: Provided always, that it shall be lawful for any such Spiritual Person within One Month after the Service upon him of such Requisition to nominate a Curate, or of Notice of any such Appointment and Licence of such Curate or Curates, to appeal to the Archbishop of the Province, who shall approve or revoke such Requisition, or confirm or annul such Appointment, as to him may seem just and proper.