Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then the meeting is to elect one and the minister nominate the other. By Canon 90 they are to be chosen early in Easter week, and are generally two in number; are obliged when chosen to serve, and are sworn to execute the office faithfully. Several persons are, however, exempted from the office, viz., peers of the realm, members of Parliament, sheriffs, acting justices of the peace, clergymen, Roman Catholic clergymen, Dissenting ministers, solicitors, practising physicians and surgeon in London, practising apothecaries, officers in the army, navy, or marines, though on half-pay, registrars of births, etc., officers of the excise or customs or post-office, and persons living out of the parish unless they occupy a house of trade there, Steer's Par. Law; and see R. v. Townson, (1908) 99 LT 472. The former duties of the churchwardens relating to the repair of the church and churchyard and the care of the church goods have been transferred by the Parochail Church Councils (Powers) Measure, 1921 (11 & 12 Geo. 5, No. 1) to the Parochial Church Council, but the church goods (such as the organ, bells, Bible, and parish books) are still vested in them. It is their duty to make such order relative to seats in the church and chancel, not appropriated to particular purposes, as the ordinary (who has in general the sole power in this matter) shall direct, and in practice the arrangements are usually made by the churchwardens, even without any special direction from the ordinary. It is incident also to their office to enforce proper and orderly behaviour during divine service; and Canon 19 directs that they 'shall not suffer any idle persons to abide either in the churchyard or church porch during the time of divine service or preaching; but shall cause them either to come in or depart.' If churchwardens waste the goods of the church, or be guilty of other misbehaviour, they are liable to removal; at the end of the year they are bound to render an account of all their receipts and disbursements. Churchwardens officiate in the collection and application of offerings at the Communion Service'Book of Common Prayer (Rubric)'but other church collections are managed by the incumbent and the Parochial Church Council jointly, see Parochial Church Councils (Powers) Measure, 1921, s. 4. It is also part of their office, unless other persons are appointed by the ordinary for that purpose, to have the care of the benefice during its vacancy, or while it is under sequestration for the debts of the incumbent, Prideaux's Churchwardens' Guide; Steer's Parish Law. Churchwardens were ex officio overseers of the poor under the Poor Relief Act, 1601 (43 Eliz. c. 2), but overseers were abolished by the Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90), s. 62.
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