The Legal Position of the ClergySmith, Philip Vernon
Religion
The Legal Position of the Clergy
Smith, Philip Vernon
Canon law; Clergy -- Legal status, laws, etc. -- Great Britain; Ecclesiastical law -- Great Britain
[318] Under the School Sites Acts, 1841, 1844 and 1851 (4 & 5 Vict. c.
38, 7 & 8 Vict. c. 37, 14 & 15 Vict. c. 24), land may under certain
restrictions be conveyed to the minister and churchwardens and overseers
of the poor, or to the ministers and churchwardens, of a parish, for the
purpose of the education of the poor, and when so conveyed will remain
vested in them and their successors as if they were a corporate body;
but, except where authorised by a special local Act, it cannot be
conveyed to the incumbent and churchwardens, or to the churchwardens
alone, in perpetuity for any other purpose. (In the City of London,
however, churchwardens can, by custom, acquire and hold land as a
corporation for ecclesiastical or parochial purposes.) The Bodies
Corporate (Joint Tenancy) Act, 1899 (62 & 63 Vict. c. 20), does not give
any further power to an incumbent to hold property as a corporation
jointly with another corporation or with individuals upon any
ecclesiastical or charitable trusts; since the holding authorised by the
Act is to be subject to the same conditions and restrictions as attach
to its holding by a body corporate in severalty; and an incumbent as
above mentioned could not, without a licence in mortmain, hold as a
corporation by himself any property upon similar trusts, unless
empowered to do so by express statutory authority.
[319] Jones _v._ Ellis (1828) 2 Yo. & Jer. 265, 266, 273; Batten _v._
Gedye (1889) 41 Ch. D. 507.
[320] Morley _v._ Leacroft (1896) P. 92; Neville _v._ Kirby (1898) P.
160.
[321] Jarratt _v._ Steele (1820) 3 Phill. 167; Jones _v._ Ellis _ubi
sup._; Griffin _v._ Dighton (1864) 5 B. & Sm. 93, aff. 108; 33 L. J. Q.
B. 29, aff. 181.
[322] Harrison _v._ Forbes (1860) 6 Jur. N. S. 1353; Redhead _v._ Wait
(1862) 6 L. T. N. S. 580.
[323] Daunt _v._ Crocker (1867) L. R. 2 A. & E. 41; 37 L. J. Eccl. 1.
[324] Greenslade _v._ Darby (1868) L. R. 3 Q. B. 421; 9 B. & Sm. 428.
[325] Stat. (_temp incert._) _Ne rector prosternat arbores in
cemiterio._
[326] (1856) 19 & 20 Vict. c. 104, s. 10.
[327] (1833) 3 & 4 Will. 4, c. 30; Angell _v._ Paddington Vestry (1868)
9 B. & Sm. 496; L. R. 3 Q. B. 714.
[328] Reg. _v._ Lee (1878) 4 Q. B. D. 75.
[329] M'Gough _v._ Lancaster Burial Board (1888) 21 Q. B. D. 321; 52 J.
P. 740.
[330] Keet _v._ Smith (1875) L. R. 4 A. & E. 398; rev. (1876) 1 P. D.
73. The bishop himself decides disputes as to monumental inscriptions on
stones in the consecrated portion of a burial ground provided under the
Burial Acts; (1852) 15 & 16 Vict. c. 85, s. 38. As to the consecrated
parts of cemeteries established by companies under the Cemeteries
Clauses Act, 1847, see 10 & 11 Vict. c. 65, s. 51.
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