Churchwardens' Manual: their duties, powers, rights, and privilages — John Shaqi
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
In whatever manner the election may be carried out, the two Churchwardens
subsequently stand on an absolute equality. The Incumbent's Churchwarden
is not elected to look after the Incumbent's interests only, nor the
parishioners' Churchwarden to look after the parishioners' interests
only. The interests of both must be equally dear to the one and to the
other. Nor can they act except jointly. The Vestry even is powerless to
clothe one Churchwarden with authority to act against the will of his
colleague in office. {9b} Any election by the parishioners must take
place in the usual manner. Ratepayers present, whether paying directly
or indirectly (32 and 33 Vic., c. 41, section 19), have a right to vote,
and if a poll is demanded it cannot be refused by the Chairman. The
votes must be taken in accordance with the provisions of the Vestry Acts,
58 Geo. III, cap. 69, sec. 2, 3, 4, and 59 Geo. III, cap. 85. If the
votes are equal the Chairman has by right a casting vote, in addition to
whatever number of votes he may have as an individual ratepayer. By 58
Geo. III, cap. 69, sec. 3, it is ordered that minutes of the proceedings
shall be written out before the close of the Vestry, and after having
been read be signed by the Chairman and any of the members present who
may like to do so. {10a}
In some new parishes there are select Vestries, but by the 14 and 15
Vict., cap. 97, sec. 23, in parishes formed under any Church Building
Acts before 1851 they are abolished, and it was enacted that after that
date no select Vestry should be formed. {10b}
The Churchwardens thus duly appointed must make the following declaration
before the "ordinary, or other person" qualified to receive it:--
"We do solemnly and sincerely declare that we will faithfully and
diligently perform the duties of the Office of Churchwardens, to the
best of our skill and understanding, and that we will present such
persons and things as to our knowledge are presentable by the
Ecclesiastical Laws of this Realm."
This declaration ought to be made at the visitation of the Bishop,
Chancellor, or Archdeacon next ensuing upon the election. Until this
declaration is made the Churchwarden is not legally qualified to act, and
could not enforce his authority as Churchwarden if objected to. In case
of the death of the Incumbent the parish would have no legal
representative to act as the custodian of the temporalities of the Church
in that particular parish. The fee payable by law at visitations is
eighteen shillings (30 and 31 Vict., cap. 135). {11}
Public-domain text, read in full here on John Shaqi.
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