CONVENIENCES.--Permits conveyance of site to any Body Political or
Corporate.
--Contains no clause avoiding the conveyance if Service is discontinued
for a time.
INCONVENIENCES.--Requires the concurrence of Ordinary.
--Will be avoided (unless made for valuable consideration) if grantor
dies within three months.
--Must be strictly for a Church or Chapel.
--Must be enrolled within six months.
--No provision for grant by a person under disability, _e.g._, tenant for
life.
_Place of Worship Sites' Act_.
36 & 37 Vict., cap. 50.
CONVENIENCES.--Enables tenant for life to convey.
--Does not require consent of Ordinary.
--Deed will not be avoided by death of grantor within twelve months after
execution of it.
INCONVENIENCES.--Contains no power of conveyance to a Body Corporate
except permission given to make Ecclesiastical Commissioners trustees of
the site.
--Contains clauses involving the loss of the property, (_a_) if the land
be used for any other purpose than that of a site for a place of worship;
(_b_) if Service be discontinued in the place of worship for one year.
--May give difficulty as to consecration, if the Mission Room becomes a
Church, owing to possible reversion to profane uses on the temporary
discontinuance of Services.
School Sites' Act.
4 & 5 Vict., cap 38; 7 & 8 Vict., cap. 37.
CONVENIENCES.--Enable tenants for life to convey.
--Permit conveyance to Bodies Corporate making Minister and Churchwardens
a corporation with perpetual succession for the purposes of these Acts.
INCONVENIENCES.--Contain clauses involving the loss of the property if
used for other purposes than those of education.
--Require enrolment of deeds.
Churchwardens' Manual
_NOTICES OF THE FIRST EDITION_.
"Churchwardens will find in the _Churchwardens' Manual_ some useful brief
notes put together by the Bishop of Guildford relative to their duties,
powers, rights and privileges."--_Guardian_, April 9th.
"The Bishop of Guildford has just published a very useful little handbook
for the use and guidance of Church wardens . . . The book is a most
helpful one with regard to Church matters."--_Hampshire Chronicle_.
"The Bishop of Guildford's _Churchwardens' Manual_ meets a real want, in
that it provides in small compass . . . a handy pocket book containing
the many matters legal and ecclesiastical, which concern the
Churchwarden's office . . . No one ought to assume it without being armed
with such a work as this, and an Incumbent cannot do better than present
his Churchwardens with this little Manual."--_Church Times_.
"It is a Manual which ought to be in the possession of every holder of
the important office of Churchwarden, and which other Churchmen also
would do well to familiarise themselves with, as a better understanding
of the subject would be greatly to the advantage of many parishes; clear,
precise, handy and cheap, it is precisely the handbook that was
wanted."--_Winchester Observer_.
"A thoroughly useful and practical work, and just the one which ought to
be in the hands both of Incumbents and Churchwardens."--_Ecclesiastical
Chronicle_.
Footnotes:
{2} _Smith's Christian Antiquities_, i, 391; _Bingham's Antiquities of
the Christian Church_, B. ii, c. 19, sec. 19.
{4} 1 Will. and M., ch. 18, sec. 5; 31 Geo. III, ch. 32, sec. 7.
{5} See Appendix No. I.
{6} _Prideaux's Churchwardens' Guide_, p. 17.
{7} 7 Gul. IV, and 1 Vict. cap. 45, sec 3. See Appendix No. II
{8a} 7 Gul. IV and 1 Vict., cap. 45, sec. 1, 2.
{8b} Note 58 Geo. III, c. 69, sec. 2.
{8c} See Appendix No. VI.
{9a} Phillimore II, 1470.
{9b} Dewdney _v._ Good referred to in _Addresses delivered to the
Churchwardens and Sidesmen of the Diocese of Liverpool_, by Thomas E.
Espin, D.D., Chancellor of the Diocese. Liverpool: Holden, Church
Street. p. 29.
{10a} See Appendix No. III.
{10b} See Appendix No. IV.
{11} As far, however, as the diocese of Winchester is concerned, see
Appendix No. V.
{12} _Cripps' Practical Treatise on the Law relating to the Church and
Clergy_, 6th Ed., pp. 178, 182.
{13} _Cripps' Practical Treatise on the Law relating to the Church and
Clergy_, 6th Ed., p. 174. It may be a question whether Lord Coleridge's
judgment as to the residence of Churchwardens may not affect this. See
Appends No. I.
{14} Churchwardens are _ex officio_ Overseers under the Poor Relief Act,
1601 (43 Eliz., c. 2, s. 1), only in the case of an ancient
ecclesiastical parish, for which overseers are appointed under that
Act.--_Jenkin's Local Government Act_, p. 25.
{22} See Appendix No VI.
{30a} 18 and 19 Vict., cap. 128, sec xviii. See Appendix No. VII.
{30b} The Queen _v._ the Burial Board of Bishop Wearmouth.--_Law
Reports_, _Queen's Bench Division_, vol. v, p. 67. See Appendix VII.
{32} See Appendix No. VIII.
{34a} See Appendix No. IX.
{34a} See _An Address to Churchwardens_, by the Bishop of Carlisle,
published by the S.P.C.K., p. 13.
{35} By 59 Geo. III, c. 134, s. 11.--The Ecclesiastical Commissioners
are empowered to make a table of fees for any parish with the consent of
the Vestry, and with the consent of the Bishop of the Diocese.
{43} Bishop of Carlisle's _Address to Churchwardens_, S.P.C.K., p. 17.
{46a} See _Fuller v. Lane_. 2 _Adams_, 419. Prideaux's _Churchwarden's
Guide_, appendix, XLVI. Phillimores' _Ecclesiastical Law_, II, 1801-4.
{46b} _Fuller v. Lane_. Prideaux's _Guide_, XLV.
{48} _Life of Charles Richard Sumner_, _D.D._, _Bishop of Winchester_
(Murray), by the Author of this manual, p. 250.
{50} In many Dioceses now a body of trustees has been appointed for the
special purpose of holding Church properties. It is hoped that ere long
every Diocese in the country will have its own special body for the
purpose, with a carefully considered Trust Deed. I believe that the
scheme in the Arch Diocese of Canterbury is found to work very
satisfactorily.
{52a} 1 and 2 Vict., cap. 106, sec. 95.
{52b} Ditto, sec. 36.
{53} _Addresses delivered to the Churchwardens and Sidesmen of the
Diocese of Liverpool_, by Thomas E. Espin, D.D., Chancellor of the
Diocese; p. 29. Liverpool: Holden, Church Street.
{54} _Cripps' Practical Treatise on the Law relating to the Church and
Clergy_, p. 190. See also Canon 88 in Appendix vi.
{79} In the Court of Appeal, 1879, The Queen _v._ The Burial Board of
Bishop Wearmouth.--_Law Reports_, Queen's Bench Division, Vol. V, p. 67.
{80a} Sections 10 to 42 of this Act, inclusive, as well as secs. 44, 50,
51, and 52, are extended to the whole Country by 16 and 17 Vict., cap.
134, sec. 7.
{80b} The provision in this section as to the requisition of ten or more
ratepayers is done away with by 18 and 19 Vict., cap. 128, sec. 3, by
which it is enacted that a Vestry can be convened for the purpose without
any previous requisition of the Churchwardens.