Bishop - Law Dictionary Search Results
Home Dictionary Name: bishop Page: 2Benefice
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...
Ne admittas
Ne admittas (that you admit not), a prohibitory writ directed to the bishop at the request of the plaintiff or defendant, where a quare impedit is depending, when either party fears that the bishop will admit the other's clerk during the suit between them; it ought to be issued within six calendar months after the avoidance, before the bishop may present by lapse; for it is in vain to sue out this writ when the title to present has devolved upon the bishop, Fitz. N.B. 37....
Precedence or precedency
Precedence or precedency, the act or state of going before; adjustment of place.The rules of precedence may be reduced to the following list, in which those marked * are entitled to the rank here allotted them by 31 Hen. 8, c. 10; marked ' by 1 W. & M. c. 1; marked by letters-patent, 9, 10 & 14 Jac. 1, which see in Seld. Tit. of Hon. ii. 5, 46; marked ' by ancient usage and established custom, Camden's Brit., tit. 'Ordines'; Milles's Cat. of Hon. 1610; and Chamberlayne's Prest. St. of Eng., b. 3, c. iii; see 1 Bl. Com. 404.* The King's children and grandchildren.* The King's consort.* The King's uncles.* The King's nephews.* Archbishop of Canterbury (a).* Lord High Chancellor or Keeper, if a baron.* Archbishop of York.Prime Minister.By royal warrant dated December, 1905.* Lord Treasurer.* Lord President of the Council. } barons.* Lord Privy Seal.(a) The judges of assize, while on circuit, take pre-cedence of every subject.*Lord Great Chamberlain.But see Private Stat.1 Geo. 1, c. 3.* Lo...
Suffragan
Suffragan. Bishops are styled suffragan, a word signifying deputy, in respect of their relation to the archbishop of their province. But formerly each archbishop and bishop had also his suffragan to assist him in conferring orders, and in other spiritual parts of his office within his diocese. These are called suffragan bishops, and resemble the chorepiscopi, or bishops of the country, in the early times of the Christian Church. How this inferior order of bishops may be appointed and consecrated for twenty-five towns therein specified (including Thetford, Grantham, and Gloucester) is regulated by 26 Hen. 8, c. 14, which enacts that every archbishop and bishop disposed to have a suffragan should name to the king 'two honest and discreet spiritual persons, being learned and of good conversation,' and that each of them should request the king to appoint one of them. Notwithstanding this statute, it was not until very recent years, when the suffragans were appointed for a few of the specif...
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...
Titles (Ecclesiastical)
Titles (Ecclesiastical). By the (English) Ecclesiastical Titles Assumption Act, 1851, the assumption of the title of archbishop or bishop of a pretended province or diocese, or archbishop or bishop of a city, place, or territory in England or Ireland, not being the see, province, or diocese of an archbishop or bishop, recognized by law, was prohibited under penalties; but this Act (which was passed after great public excitement, in consequence of the division of England into Roman Catholic dioceses by Pope Pius IX., under Cardinal Wiseman, as Archbishop of Westminster) was never enforced, and has been repealed by the Ecclesiastical Titles Act, 1871....
Consecrate
Consecrate, to dedicate to sacred purposes, as a bishop by imposition of hands, or a church or churchyard by prayers, etc., Conscration is performed by a bishop or archbishop. See BISHOP....
Quare impedit
Quare impedit (wherefore he hindered), a real possessory action, which could formerly be brought only in the court of Common Pleas, and lies to recover a presentation, when the patron's right is disturbed, or to try a disputed title to an advowson.Previous to the passing of the (English) Common Law Procedure Act, 1860, the action was commen-ced by an original writ issuing out of Chancery but s. 26 of that Act did away with this singularity of procedure, which is now the same as in other actions in the High Court.The judgment is that the successful party recover his presentation, and a writ issues to the bishop, commanding him to admit his presentee.In cases where there is an appeal to the archbishop and a judge against a bishop's refusal to institute (see BENEFICE), quare impedit is abolished by s. 3 (5) of the (English) Benefices Act, 1898.Quare impedit, commands the disturbers, the bishop, the pseudo-patron, and his clerk, to permit the plaintiff to present a proper person (without s...
Name
Name [fr. nomen, Lat.; nom, Fr.; or namo, Goth.; nama, Sax.; naem, Dut.], the discriminative appellation of an individual.Proper names are either Christian names, as being given at baptism, or surnames, from the father, 4 Rep. 170.A Christian name may be altered at confirmation with consent of the bishop, and the bishop is directed by a Constitution of 1281 to change 'wanton names' at confirmation. See Blunt's Church Law, 2nd ed. at p. 60, where two post-Reformation instances are given of a bishop changing Christian name at confirmation, and it is said to be 'believed that cases still occur where this is done.'Marriage confers a name upon a woman, which is not lost by her divorce, and she can acquire another only by obtaining it by repute obliterating her name by marriage, see Fendall v. Goldsmid, (1877) 2 PD 263. As to retainer of a title, see Cowley v. Cowley, 1901 AC 450.Any one may take on himself whatever surname or as many surnames as he pleases, without an (English) Act of Parli...
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
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