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
[9] (1818) 58 Geo. 3, c. 45, s. 25; (1831) 1 & 2 Will. 4, c. 38, s. 12;
(1839) 2 & 3 Vict. c. 49, ss. 2, 8; (1845) 8 & 9 Vict. c. 70, ss. 9, 17.
The churches provided under the Church Building Acts and New Parishes
Acts may be classified as follows: i. Church of a distinct and separate
parish formed under the Church Building Act, 1818 (58 Geo. 3, c. 45, s.
76); ii. Church of a district parish formed under 58 Geo. 3, c. 45, s.
21; iii. Church or chapel of a consolidated chapelry formed under the
Church Building Act, 1819 (59 Geo. 3, c. 134, s. 6); iv. Church or
chapel of a district chapelry formed under 59 Geo. 3, c. 134, s. 16; v.
Church or chapel built or appropriated under the Church Building Act,
1831 (1 & 2 Will. 4, c. 38, s. 2), with or without a particular district
formed under s. 10 of that Act; vi. Chapel of ease constituted the
church of a separate spiritual parish under 1 & 2 Will. 4, c. 38, s. 23;
vii. Church of a Peel parish formed under the New Parishes Act, 1843 (6
& 7 Vict. c. 37, s. 15); viii. Church of a new parish formed under the
New Parishes Act, 1856 (19 & 20 Vict. c. 104, ss. 1, 2); ix. Church of a
district parish, consolidated district chapelry, or particular district,
which under 19 & 20 Vict. c. 104, s. 14, has become a separate
ecclesiastical parish in consequence of the Ecclesiastical Commissioners
having authorised in such church the publication of banns and the
solemnisation of marriages, churchings, and baptisms; x. Church, without
a district, built on a site the conveyance of which has been accepted by
the Ecclesiastical Commissioners (8 & 9 Vict. c. 70, s. 7).
[10] 31 & 32 Vict. c. 117, s. 2. Under the Parish of Manchester Division
Act, 1850 (13 & 14 Vict. c. 41, s. 2), the benefice of every new parish
within the area of the ancient parish of Manchester is a rectory.
[11] See the Prayer for the Clergy and People in Morning and Evening
Prayer and the Prayer for the Church Militant.
[12] (1784) 24 Geo. 3, sess. 2, c. 35, s. 1; (1819) 59 Geo. 3, c. 60, s.
1.
[13] 28 & 29 Vict. c. 122, s. 4. See ch. ii. § 6 (i.) below.
[14] (1874) 37 & 38 Vict. c. 77.
[15] (1864) 27 & 28 Vict. c. 94. See (1865) 28 & 29 Vict. c. 122, s. 4;
ch. ii. § 6 (i.) below.
[16] Bp. of Winchester _v._ Rugg (1868) L. R. 2 P. C. 223, 230.
[17] As to this, see ch. ii. § 6 (iv.) and note.
[18] Ayl. Par. 95. The Dean of the Cathedral has an independent position
and dignity in respect of the Cathedral Church, which is outside the
general diocesan and archidiaconal jurisdiction; _Ib._
[19] Reg. _v._ Sowter (1901) 1 K. B. 66; rev., 396.
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