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
[120] Canon 47; (1838) 1 & 2 Vict. c. 106, ss. 75, 76, 81-98, 120-122,
130; (1885) 48 & 49 Vict. c. 54, s. 9.
[121] See ch. ii. § 15; (1838) 1 & 2 Vict. c. 106, ss. 77, 85-87, 105;
(1885) 48 & 49 Vict. c. 54, ss. 1-3; (1898) 61 & 62 Vict. c. 48, s. 9.
[122] Hubbard _v._ Penrice (1746) 2 Str. 1245; Reg. _v._ Allen (1872) L.
R. 8 Q. B. 69; Pinder _v._ Barr (1854) 4 E. & B. 105; Lawrence _v._
Edwards (1891) 1 Ch. 144; 2 Ch. 72.
[123] 6 & 7 Vict. c. 37, ss. 11-14.
[124] Martyn _v._ Hind (1776) 2 Cowp. 437, 440.
[125] (1865) 28 & 29 Vict. c. 122, ss. 3, 6.
[126] (1838) 1 & 2 Vict. c. 106, s. 83.
[127] (1838) 1 & 2 Vict. c. 106, ss. 95, 97. The notices require no
special formalities; Tanner _v._ Scrivener (1888) 13 P. D. 128.
[128] (1838) 1 & 2 Vict. c. 106, s. 77; (1885) 48 & 49 Vict. c. 54, ss.
2-8.
[129] (1885) 48 & 49 Vict. c. 54, s. 13.
[130] Trebec _v._ Keith (1742) 2 Atk. 498; Barnes _v_. Shore (1846) 1
Rob. Eccl. 382; Freeland _v._ Neale (1848) _Ib._ 643. As to beneficed
clergy, see above, ch. ii. § 11.
[131] Gates _v._ Chambers (1824) 2 Add. 177.
[132] 7 & 8 Vict. c. 59 (Lecturers and Parish Clerks Act, 1844), ss. 1,
6.
CHAPTER IV
LAITY OF THE PARISH
1. There is no general law as to the relations between an incumbent and
the lay officers of a parish. They vary in ancient and in new
ecclesiastical parishes, and in particular places are modified by
custom.
2. The vestry in an ancient parish consists of the ratepayers who are
inhabitants of the parish or who, though not residents therein, are
rated for the relief of the poor in respect of the parish, and of
occupiers of hereditaments so rated. A meeting of the vestry is called
by the incumbent and churchwardens by a notice in print or writing, and
signed by the incumbent or a churchwarden or overseer, and affixed on or
near the doors of all the churches and chapels in the parish in which
the service of the Church is performed, on some Sunday at least three
clear days before the meeting is to be held.[133] The incumbent is _ex
officio_ chairman of every vestry meeting. In case of his absence, or of
there being no incumbent, the members of the vestry present elect one
of themselves as chairman. In case of an equality of votes the chairman,
as such, has a casting vote in addition to his previous right to vote as
a member of the vestry.[134] In the event of a poll being demanded, it
is taken by open voting, and the members of the vestry have from one to
six votes, according to the amount of their assessment, those assessed
at an annual value of under £50 having one vote, and those assessed at
£50 and upwards having one vote for every complete £25 of their
assessment up to £150; all at or above that figure having six votes and
no more. In a new ecclesiastical parish or district a meeting in the
nature of a vestry is composed of the same persons as would, if the
parish or district were an ancient parish, be entitled to vote in the
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