Incumbent - Law Dictionary Search Results
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In an incumbent manner so as to be incumbent...
Incumbent
Incumbent, a clergyman in possession of as ecclesiastical benefice. As to resignation with pen-sion, see the Incumbents Resignation Act, 1871 (34 & 35 Vict. c. 44); and the Clergy Pensions Measures, 1926 to 1928; and as to provision by the Public Worship Regulation Act for the better administra-tion of the laws 'relating to the performance of public worship, according to the use of the Church of England,' see PUBLIC WORSHIP REGULATION ACT, 1874; and see, generally, Chitty's Statutes, tit. 'Church and Clergy....
incumber
incumber var of encumber ...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
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 ...
Churchwardens
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 t...
Curate
Curate [fr. Curator, Lat.], is a term properly applied to one who has the cure of souls, namely, the incumbent of a parish. The incumbent may have to assist him an 'assistant' or 'stipendiary' curate, often called 'curate' simply. A curate in this sense is an officiating temporary minister, regularly employed by the spiritual rector or vicar either to serve in his absence or as his assistant. All curates serve under a licence from the bishop of the diocese, revocable at his discretion, with an appeal against the revocation of the licence to the archbishop only [(English) Pluralities Act, 1838 (1 & 2 Vict. c. 106), s. 98; Poole v. Bishop of London, (1861) 7 Jur. N. S. 347]; and the law, on the other hand, has made several provisions for their proper maintenace, Pluralities Act, 1838, ss. 75-103; (English) Pluralities Act, 1884 (48 & 49 Vict. c. 54), ss. 8, 10. See PERPETUAL CURATE....
Induction
Induction [fr. inductio, Lat., a leading into], the giving a parson possession of his church.A clerk is not complete incumbent until induction, which is performed by a mandate from the bishop to the archdeacon, or if the church be exempt from arch diaconal jurisdiction, to the chancellor or commissary, or if it be a peculiar, to the dean or judge, who usually issues a precept to another clergyman to perform it for him.The person who inducts takes the hand of the clerk, and lays it on the ring, key, or latch of the church-door, or wall of the church, or delivers a clod, turf, or twig of the glebe, and gives corporal possession of the church, saying:--By virtue of this mandate I induct you into the real, actual, and corporal possession of the church of [Stow], with all rights, profits, and appurtenances thereto belonging.'Induction is the investiture of the temporal part of the benefice or the corporal seisin, as institution (see INSTITUTION), which may take place anywhere, whereas induc...
Public Worship Regulation Act, 1874
Public Worship Regulation Act, 1874 (English) (37 & 38 Vict. c. 85). By this Act'which proceeds on the preamble that it is expedient that in certain cases further regulations should be made for the administration of the laws relating to the performance of divine service according to the use of the Church of England'it was provided that whensoever a vacancy should occur in the office of official principal of the Arches Court of Canterbury (see ARCHES COURT), the judge appointed under that Act should become ex officio such official principal, and all proceedings thereafter taken before the judge in relation to mattes arising within the province of Canterbury should be deemed to be taken in the Arches Court of Canterbury. The Court may be set in motion on representation by one archdeacon, or churchwarden, or any three parishioners declaring themselves to be members of the Church of England: (1) that in any church any alteration in or addition to the fabric, ornaments, or furniture thereof...
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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