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
[331] Sm. Churchw. 52-57. A faculty is not necessary for mere repairs or
redecoration where no alteration is made in the structure or the design,
nor for trifling additions such as movable seats or hassocks. But a
change in the mode of lighting or heating the church ought to be
sanctioned by faculty. The grant of a faculty, besides ensuring that all
is done legally and carefully, prevents any ill-feeling being cherished
in the parish on the score of the alteration having been made without
the knowledge or consent of some of the parishioners; since the
application for the faculty affords to all who are interested in the
matter an opportunity for submitting their views upon it. The regular
mode of obtaining the approval of the parishioners to it is by a
resolution of the vestry. But the opinion of the vestry is not
conclusive; and a distinction will sometimes be made between the votes
of those members of the vestry who are Church people and those who are
not; see note (3) on p. 89 above.
[332] Rosher _v._ Vicar of Northfleet (1825) 3 Add. 14; Pitcher _v._ The
Same (1825) _Ib._ 15.
[333] Adlam _v._ Colthurst (1867) 36 L. J. Eccl. 14.
[334] Vicar of Tottenham _v._ Venn (1874) L. R. 4 A. & E. 221, 225.
[335] _Re_ Bideford Parish (1900) P. 314.
[336] Rector of St. Stephen's, Wallbrook _v._ Sun Fire Office Trustees
(1883) Trist. Cons. Judgm. 103.
[337] _Re_ St. Martin's Orgars (1870) _Ib._ 145. Comp. Rector of St.
Stephen's, Wallbrook _v._ Sun Fire Office Trustees, _ubi sup._
[338] _Re_ St. George in the East (1876) 1 P. D. 311.
[339] (1884) 47 & 48 Vict. c. 72; (1887) 50 & 51 Vict. c. 32, s. 4.
[340] Com. Dig. tit. "Dismes" (B. 2).
[341] 2 Burn, 302.
[342] Bird _v._ Relph (1833) 4 B. & Ad. 826.
[343] Degge, ch. viii.; Sowerby _v._ Fryer (1869) L. R. 8 Eq. 417. The
right to cut timber for the purpose of repairs includes the right to
sell timber at a distance from the site of the repairs and buy other
timber with the proceeds of the sale; Wither _v._ Dean of Winchester
(1817) 3 Mer. 421.
[344] Holden _v._ Weekes (1860) 1 J. & H. 278; Ecclesiastical
Commissioners _v._ Wodehouse (1895) 1 Ch. 552.
[345] Ross _v._ Adcock (1868) L. R. 3 C. P. 655.
[346] 17 Geo. 3, c. 53; 21 Geo. 3, c. 66.
[347] 7 Geo. 4, c. 66; 1 & 2 Vict. c. 23; 1 & 2 Vict. c. 106, s. 62.
[348] (1865) 28 & 29 Vict. c. 69.
[349] (1881) 44 & 45 Vict. c. 25; (1887) 50 & 51 Vict. c. 8; (1896) 59 &
60 Vict. c. 13.
[350] (1777) 17 Geo. 3. c. 53, s. 21; (1803) 43 Geo. 3, c. 108; (1811)
51 Geo. 3, c. 115; (1815) 55 Geo. 3, c. 147, s. 5; (1856) 19 & 20 Vict.
c. 104, s. 27; (1865) 28 & 29 Vict. c. 69, s. 4. As to the consent of
the Board of Agriculture being requisite to a grant of common land, see
(1899) 62 & 63 Vict. c. 30, s. 22.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account