Page images

becomes a new parish for ecclesiastical purposes ; and thereupon it becomes lawful to solemnize marriages, baptisms, churchings, and burials therein (9). And the minister, having been first duly licensed by the bishop to such church, thereupon ipso facto becomes the vicar thereof (h); and the new church is styled and designated a vicarage, and is deemed to be a benefice with cure of souls to all intents and purposes. Two fit persons, being members of the Church of England, are to be annually chosen, by the vicar and inhabitants of the new parish, as churchwardens; and they are charged with all the ordinary duties of churchwardens in ecclesiastical matters, but not with any duties as overseers of the poor (i).

By the New Parishes Act, 1844, no new district could be constituted if there already existed within its limits any consecrated church or chapel in use for divine worship (k). But this restriction was taken away by the New Parishes Act, 1856, whereby the Ecclesiastical Commissioners are empowered, on the constitution of any new district, to specify some existing or intended church within it, as the parish church thereof; and the incumbent of such church is made liable for the performance of all pastoral duties within the limits of the new parish (1). The Commissioners are also empowered by this Act to recommend the constitution of such a district, without the permanent endowinent required by the New Parishes Act, 1843, if it shall appear to them that there is reason to expect, from other sources, an adequate maintenance for the incumbent (m); and the Commissioners may also, with the consent of the bishop, order

(g) Sect. 15; Cronshaw v. Wigan Burial Board (1873), L. R. 8 Q. B. 217.

(h) Incumbents Act, 1868.

(i) Act of 1843, s. 17. Vestries for these district areas are not subject to the same rules as vestries in old parishes (R. v.

Barrow (1869), L. R. 4 Q. B. 577);
but in neither case can the vicar
vote for the people's warden (R. v.
Bishop of Salisbury, (1901] 2 K. B.

(2) Sect. 9.
(0) 19 & 20 Vict. c. 104, 8. 2.
(m) Sect. 3.

that pew rents may be taken in any church to which a district may be assigned, if other sources of income fail (n).

The New Parishes Act, 1856, contains also a variety of additional enactments with regard to the assignment of the patronage of these new churches, in return for the endowment thereof; but these are of a character too minute and complicated for detail in this place (o). The Act contains also provisions, in extension of previous powers of the same general description contained in the Church Building Acts; and, under these provisions, the Commissioners may, by a scheme duly ratified in council, divide any parish into two or more distinct and separate parishes for all ecclesiastical purposes whatsoever, and may regulate the duties of the incumbents of the respective divisions, as also the performance of the offices and services in the respective churches, and the fees to be taken for the same respectively, as well as any other matters which it may become necessary or expedient to arrange for, by reason or in consequence of such division (p). But any division of parishes under the Act requires the consent of the patron and bishop of the diocese, and is in no case to take effect until the next avoidance of the church, unless with the consent in writing of the actual incumbent (9). Moreover, any such division may be subsequently annulled, if (from whatever cause) a church is not duly provided for the separated portion within a reasonable time (). Proposals have at various times been laid before Parliament, for instance, in 1884, to codify this vast mass of statute law ; but so far without success.

[ocr errors][merged small][merged small]




by assured, 164.
notice of, 164,


of legacy, 253.

Abergavenny, Baron of, 581 n.
Abbey lands, 691.
Abbots, 367.


property by, 18.

insurance against, 159, 168.

to workmen, 277 et seq.
Accommodation bill, 158.
Accord and satisfaction, 91.

residuary, 255.
Account duty, 248.

of bankrupt, 197, 200.

guardians, 359.

trustee in bankruptcy, 197, 198.

of income, 10.
Acknowledged deed, 309, 312, 315.

to revive debt, 65.


of James II., 455, 456.

of child, 339.


of fee, 619, 696, 697.
church lands in, 649, 696, 697.
peerage in, 584.


oath of, 434.

Absolute assignment, 52.
Absolute property, 6, 7.
of a bill, 151 et seq.

supra protest, 155.
goods, 107.
offer, 57, 58.
office, 398, 399.

patent, 25.
through the post, 58, 59.
by telegram, 59.
time and manner of, 59.
conditional, 60.

Act against Conventicles, 674.
Act of God, 124, 127, 172.
Act of grace, 422.
Act of Parliament

when binding on Crown, 498.
as evidence, 123 n.

Act of Settlement, 431, 432, 457, 480.

Supremacy, 672.
Toleration, 674, 675.
Uniformity, 671.
Union with Scotland, 432.


chose in, 8, 47, 53, 173 et seq.
of deceit, 81.
for damages, 95, 96.

specific performance, 96.
Actionable debt, 193.

against justices, 621.

constables, 623, 624.
metropolitan magistrates,

621 n.
members of parliament,

infringers of patent, 25,

29, 31.

infringers of copyright, 33.
Active fraud

of married woman, 320.

Acts of Bankruptcy, 191–193.
Actual total loss, 164.
Ad colligenda bona, 242.
Additions to Bills, 418 n.

by lord of manor, 229.

creditor, 241.

stranger, 241.
how granted, 239, 240.
duty on grant, 248, 556.
order of, 240.
origin of, 230.
moral claim to, 242.
to bastard's estate, 242.
ad colligenda bona, 242.
cum testamento annero, 243,
de bonis non, 244.
durante absentia, 243,

minore cetate, 243.
limited or special, 242—244.
pendente lite, 243.
when granted to Solicitor of Trea-

sury, 242.
when granted to Duke of Corn-

wall, 242.

generally, 242, 241 et seq., 217 et

of executor, 244.

executor of, 244.

first lord of the, 469.

droits of, 496.
Adultery, 325, 326.
with desertion, 328.

cruelty, 328.
of clergyman, 660.

to cbildren, 257.

of patent, 25.

offer by, 57, 58.

generally, 680 et seq.
appendant, 681, 682.
appurtenant, 682,
in gross, 681, 682.
sale of, 682, 683.
vested in Jew, 677, 681.

papist, 677, 681.
of municipalities, 681.

trustees for inhabitants, 679.
presentative and donative, 635.


of legacy, 253.


of consideration, 63.


examination of bankrupt, 201.
parliament, 424.

poll, 407.

in bankruptcy, 195.
evidence of, 196.
composition, before, 221.

after, 196. 223.
Ad litem,

guardian, 356.

Administration, the king's, 469.


generally, 226 et seq.
grant of, to next-of-kin, 230, 231.

widow, 231, 240.
in respect of real estate,

241, 244.
bond on, 245.

Æneas Macdonald, 436 n.

Affairs, statement of,

by bankrupt, 195, 200, 201.

« EelmineJätka »