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Pluralities Act 1838

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112 Regulations respecting monitions and sequestrations. E+W+S

In all cases in which proceedings under this Act are directed to be by monition and sequestration, such monition shall issue under the hand and seal of the bishop; and such monition, and any other instrument or notice issued in pursuance of the provisions of this Act, and not otherwise specially provided for, shall be served personally upon the spiritual person therein named or to whom it shall be directed, by showing the original to him and leaving with him a true copy thereof, or in case such spiritual person cannot be found, by leaving a true copy thereof at his usual or last known place of residence, and by affixing another copy thereof upon the church door of the parish in which such place of residence shall be situate, and also, in the case of such monition, by leaving another copy thereof with the officiating minister or one of the churchwardens of the said parish, and also by affixing another copy thereof on the church door of the parish in which the benefice of such spiritual person shall be situate; and such monition of other instrument or notice as aforesaid, shall, immediately after the service thereof, be returned into the consistorial court of such bishop, and be there filed, together with an affidavit of the time and manner in which the same shall have been served; and thereupon, in case of such monition, it shall be competent to the party monished to show cause, by affidavit or otherwise, as the case may require, why a sequestration should not issue according to the tenor of such monition; and if such spiritual person shall not, within the time assigned by such monition, show sufficient cause to the contrary, such sequestration shall issue under the seal of the consistorial court of such bishop and shall be served and returned into the registry of such court in like manner as is herein-before directed with respect to monitions issued under the provisions of this Act.

Modifications etc. (not altering text)

C1S. 112 extended and explained by Pluralities Acts Amendment Act 1885 (c. 54), s. 15

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