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
The custody of the registers of baptisms, marriages, and burials, and of
all other books and documents containing entries wholly or partly
relating to the affairs of the Church or to Ecclesiastical charities,
except documents directed by law to be kept with the public books,
writings, and papers of the parish, remains as provided by law before the
passing of the Local Government Act, _i.e._, in the hands of the
incumbent.
The Parish Council have a right to reasonable access to all such books
and documents referred to above, and the incumbent and Churchwardens have
a similar right with respect to books, etc., in the custody of the Parish
Council (xvii, 8).
There is one matter connected with the particular section of the Local
Government Act, 1894, now under consideration, which has given rise to
some discussion. In whose custody should the Tithe Map and Award be
placed? Should the Incumbent or the Parish Council have the charge of
them? Now, I am no lawyer, and I should be very sorry to be supposed to
give any opinion on a question which admits of so much argument on both
sides. But I do very strongly deprecate any litigation on the matter.
It is a very doubtful point, and he who takes the question into a Court
of Law must at any rate be prepared to have to back up his opinion with a
well-filled purse. The final paragraph of Section 17, Sub-section 8,
almost seems as if the draughtsman of the act expected questions to arise
under it. It runs thus:--"The Incumbent and Churchwardens on the one
part, and the Parish Council on the other, shall have reasonable access
to all such books documents, writings, and papers, as are referred to in
this Sub-section, and any differences as to custody or access shall be
determined by the County Council." Is it not just a case in which, if
there is no cause for complaint, and no reasonable access refused, these
documents should remain in their existing custody (usually that of the
Incumbent), and that if differences arise, an amicable appeal should be
made to the County Council, and the decision of that body acquiesced in
by both parties?
This is evidently the opinion of the President of the Board of
Agriculture (Mr. Chaplin), who on February 8th, 1897, in the House of
Commons, replied as follows to a question on this subject:--
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account