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becomes a new parish for ecclesiastical purposes; and thereupon it becomes lawful to solemnize marriages, baptisms, churchings, and burials therein (g). 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 (¿).

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 endowment 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. 225).

(4) Sect. 9.

(/) 19 & 20 Vict. c. 104, s. 2. (m) Sect. 3.

rents may

that pew 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 (g). 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.

22.

(n) Sect. 4; Act of 1884, ss. 4, 5. (0) 19 & 20 Vict. c. 104, ss. 16

(p) Sect. 25.
(a) Ibid.

(r) Act of 1884, ss. 2, 3.

END OF THE SECOND VOLUME.

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Administration-cont.

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 annexo, 243.
de bonis non, 244.
durante absentiâ, 243.

minore ætate, 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.

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