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
If there is a dispute as to whether a Churchwarden is legally elected or
not, it is sometimes supposed that it is the Archdeacon's business at his
visitation to decide the question. Of course Archdeacons are at all
times ready, willing, and anxious to advise any persons who apply to them
for advice to the best of their power. But it is no part of their duty,
nor are they by law authorised to decide a disputed return. Their duty
is simply that of returning officers to declare the election as certified
to them by the Vestry. A copy of the minutes of the Vestry, in case of a
dispute, should be laid before them, and the aggrieved party can, if he
wishes to do so, apply for a mandamus commanding the Rector and
Churchwardens to convene a Vestry to make a fresh election. It is for
the court to grant or to refuse the application. I hope I may not be
understood as recommending this course. I am merely stating what the law
is. {12} But all these matters should, if possible, be settled out of
court. Law-suits are apt to leave an unpleasant taste behind. If such a
case should unhappily arise it might be advisable for the Archdeacon to
suggest to the parties that they should agree to submit to his decision
of the disputed question, and waive their right of appeal to a Court of
Common Law. If this were agreed to the case might be amicably settled at
once without resource being had to any external litigation.
If a Churchwarden duly elected ceases in the course of the year to reside
in the parish he does not _ipso facto_ vacate the office, though it is a
good reason for resignation and the appointment of another in his place.
{13}
The Churchwardens being thus duly elected, and having made the legal
declaration at the visitation, continue in office until their successors
are elected, and have in their turn made the said declaration.
What, then, are their duties?
The Local Government Act, 1894, has in many ways affected them.
Churchwardens in rural parishes are no longer _ex-officio_ Overseers of
the Poor. {14} An additional number of Overseers may be appointed to
replace the Churchwardens, and reference in any Act to the Churchwardens
and Overseers, shall, as respects any rural parish (except so far as
those references relate to the affairs of the Church), be construed as
references to the Overseers, and the legal interest in all property
vested either in the Overseer of a rural parish (other than a property
connected with the affairs of the Church, or held for an Ecclesiastical
Charity), shall, if there is a Parish Council, vest in that Council.--V.
2, (_a_), (_b_), (_c_).
The Poor Relief Act, 1819, _i.e._, 59 Geo. III, cap. 12, enabled
Churchwardens and Overseers of a parish to acquire lands, &c., and they
were made a Corporation for that special purpose alone, and for the
specific purposes mentioned in the Act. Such lands, as regards rural
parishes having a Parish Council, now come under the management of the
Parish Council.
Public-domain text, read in full here on John Shaqi.
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