Beneficent - Law Dictionary Search Results
Home Dictionary Name: beneficentBenefice
Benefice [fr. beneficium, M. Lat., a kindness], an ecclesiastical living and promotion, a rectory or vicarage: all church preferments except bishoprics; also a fief in the feudal system. See s. 13(1) of the (English) Benefices Act, 1898 (61 & 62 Vict. C. 48).The (English) Benefices Act, 1898, requires registration of the transfer of the right of patronage of a benefice, prohibits the sale of the right of the next presentation thereto, and requires a bishop before collating or admitting a clergyman to a benefice to give one month's notice to the churchwardens of the parish of the intended collation or admission.By the (English) Benefices Act, 1898 (Amendment) Measure, 1923 (14 & 15 Geo. 5, No. 1), s. 1, a right of patronage is to be incapable of sale after the benefice has been twice vacant subsequent to 14 July, 1924; and by s. 2 a patron may make a declaration under seal that his right of patronage shall thenceforth be without power of sale. And by the (English) Benefices (Transfer of...
Beneficently
In a beneficent manner with beneficence...
Collation to a benefice
Collation to a benefice, where the bishop and patron are one and the same person, in which case the bishop cannot present the clergyman to himself, but does, by the one act of collation or conferring the benefice, the whole that is done in common cases both by presentation and institution....
Benefice
To endow with a benefice...
Beneficent
Doing or producing good performing acts of kindness and charity characterized by beneficence...
Sequestration of a benefice
Sequestration of a benefice. See SEQUESTRARI FACIAS....
Spirituality of benefices
Spirituality of benefices, the tithes of land, etc....
Advowson
Advowson [fr. advocare, Lat.], a right of presentation to, or the patronage of, a church or spiritual living; the person possessed of this right or patronage being called the patron or advocate (patronus aut advocatus), on account of his obligation to protect and defend the privileges of the particular benefice. An advowson is in the nature of a temporal property and spiritual trust. For the origin and history of advowsons, consult Mirehouse on Advowsons, pp. 1-6.There are several kinds of advowsons, viz.:--(I.) Presentative advowsons, subdivided into,Appendant.In gross, andPartly appendant, and partly in gross.(II.) Collative advowsons.(I.) A presentative advowson appendant is a right of patronage annexed to the possession of some corporeal hereditament. Thus, where an advowson has immemorially passed together with a manor or reputed manor by a simple grant of such manor, without particularly referring to the advowson, it is then said to be appendant, i.e., annexed to the demesnes of ...
Presentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
Residence
Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...
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