Churchwardens' Manual: their duties, powers, rights, and privilagesSumner, George Henry
Religion
Churchwardens' Manual: their duties, powers, rights, and privilages
Sumner, George Henry
Church maintenance and repair; Church of England
Difficulties not unfrequently arise in connection with the conveyance of
buildings or of land to be used not only for public worship, but also for
meetings, classes, etc. The subject was under the consideration of the
Committee of the Incorporated Church Building Society in 1889, and with
the co-operation of their legal advisers a statement was issued clearly
pointing out the advantages and the disadvantages of the several modes of
procedure possible. With the permission of the Church Building Society's
Committee, I add in Appendix X a summary of the conveniences and
inconveniences of the several Acts. The Minister and Churchwardens are
not a corporation with perpetual succession under the common law, though
often supposed so to be because they are specially so made for the
purpose of carrying out the Schools Sites' Acts. The advisers of the
Church Building Society on the whole recommend that a conveyance should
be made to individual Trustees, "which will be good according to the
ordinary law of mortmain as a charitable conveyance, the only real
objection to this being that if the conveyance be a gift, without price
paid, it will fail if the grantor dies within twelve months." A form of
such conveyance has been settled for the parish of Staines. This form
has been printed by the Church Building Society, but they recommend that
it should be amended by adding a power, to be used if a consecrated
Church is eventually built on the land, to revoke the trusts and convey
the land and building for the purpose of a Church to any person or body
lawfully authorised to accept such conveyance. If the Staines form is
not adopted, it is on the whole recommended that action should be taken
under 43 Geo. III, cap. 108. {50}
Public-domain text, read in full here on John Shaqi.
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