Parish Boundaries - Law Dictionary Search Results
Home Dictionary Name: parish boundariesParish Boundaries
Parish Boundaries, see 1 Vict. c. 69, s. 2; 2 & 3Vict. c. 62, ss. 34-6; 3 & 4 Vict. c. 15, s. 28; 8 & 9 Vict. c. 118, ss. 39-45; and 12 & 13 Vict. c. 83, ss. 1, 9. See also 38 & 39 Vict. c. 55, s. 278; and as to the better arrangement of divided parishes, see 39 & 40 Vict. c. 61. In order to perpetuate the memory of parish boundaries it was anciently the custom for the parishioners to walk round or perambulate the parish generally during Rogation Week. This was called 'beating the bounds.' Although the fixing of parish boundaries by Act of Parliament and the more general use of maps has done away with this necessity, perambulations still take place in many parishes. As to alteration of parish boundaries, see (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 141....
Boundaries
Boundaries are the lines marking the division between two adjacent territories. The boundary may be (a) physical, or (b) national and supported by documentary or other evidence. (a) may consist of walls, fences, hedges or ditches, and the presumption is that the outer line along the top line of the ditch bank furthest from the hedge marks the boundary of the land on which the hedge, if any, is erected, because the owner of the soil would be presumed to throw up the soil on the his own land for the hedge, but this presumption may be rebutted. Simple fences or ditches and walls frequently belong to the owners of both properties in common, see PARTY WALL.Physical boundaries may also be roads or non-tidal streams, see Ad medium fil', or the sea or tidal rives, in which case the high-water mark of medium tides is presumed to be the boundary. Williams Real Property, 23rd Edn., p. 463. (b) Unmarked or imaginary boundaries are generally ascertained by reference to maps or plans, or by descript...
Perambulation
Perambulation, a travelling through or over.Perambulation of parishes is to be made by the minister, churchwardens, and parishioners, by going round them once a year, in or about Ascension week; and the parishioners may well justify going over any man's land in their perambulation, according to usage, and it is said may abate all nuisances in their way, Cro. Eliz. 441. Manors are also perambulated, Wheat. Com Pr. 234. See PARISH BOUNDARIES....
Confusion of boundaries
Confusion of boundaries, was a jurisdiction of equity, concurrent with the Common Law. The Civil Law was far more provident than ours upon the subject of boundaries. It considered that there was a tacit agreement or duty between adjacent proprietors to keep up and preserve the boundaries between their respective estates, and it enabled all persons having an interest to bring a suit to have the boundaries between them settled; and this, whether they were tenants for years, usufructuar-ies, mortgagees, or proprietors. The action was called actio finium regundorum; and if the possession were also in dispute, that might be ascertained and fixed in the same suit, and indeed was incident to it. Equity adopts this general rule, not to entertain jurisdiction in cases of confusion of boundaries upon the ground that the boundaries are in controversy, but to require that there should be some equity super induced by the act of the parties; such as some particular circumstances of fraud, or some co...
Parish Council
Parish Council. Established by the Local Govern-ment Act, 1894, s. 1 (see now Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 43-55), for every rural parish i.e., (every parish in a rural sanitary district) having a population of 300 or upwards, the county council having also power to group parishes under a common parish council, and being bound to establish a parish council if the parish meeting of a parish having a population of 100 or upwards so resolve, and having power to establish one with the consent of the parish meeting if the population be less than 100.The parish council is elected from among the parochial electors, or persons who have resided for twelve months in the parish or within three miles of it. The number of councillors is fixed by each county council within the limits of five and fifteen members. The term of office, which was by the Act of 1894 one year, was altered to three years by the Parish Councillors (Tenure of Office) Act, 1899, by which the councill...
Parish meeting
Parish meeting. Established for every rural parish by the Local Government Act, 1894 (see now Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 43-55, 77, and Sch. III., Part VI.), and consisting of the registered parliamentary electors and county council electors of the parish, each having one vote and no more on any question, or in the case of an election for each of any number of persons not exceeding the number to be elected; bound to assemble annually, or if thee be no parish council, at least twice a year. The proceedings must not begin earlier than 6 p.m. Every question is decided by a majority of those present at a meeting, and voting, the decision of the chairman being final unless a poll, which is taken by ballot, be demanded. On the question of the appointment of chairman for a year, or of the adoption of any 'adoptive Act' (see below) and other questions, any one elector may demand a poll. The chairman of the parish council, or any two parish councillors, or any six r...
Parish
Of or pertaining to a parish parochial as a parish church parish records a parish priest maintained by the parish as parish poor...
Parish
Parish [fr. parochia, Low Lat.; paroisse Fr., fr. porik'a Gk., habitation], the particular charge of a secular priest. Parochia est locus quo degit populus aliujus ecclesi'. 5 Co.--(A parish is a place in which the people of a particular church reside.) It is that circuit of ground which is committed to the care of one parson or vicar, or other minister having cure of souls therein, 1 Bl. Com. 111. An extended definition of 'parish' for ecclesiastical purposes is given in para. 1 of the Schedule to the Representation of the Laity Measure, 1929 (19 & 20 Geo. 5, No. 2). As to the origin of parishes, see ibid.; 2 Hallam's Mid. Ages, c. vii, pt. 1, p. 144.The Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90), s. 68 (4), defines a parish 'a place for which immediately before the 1st April, 1927, a separate poor rate was or could be made, or a separate overseer was or could be appointed....
Parish Clerk
Parish Clerk. This office is of extreme antiquity--next indignity to the clergy, says Leland; but it is a temporal office, Lawrence v. Edwards, (1891) 2 Ch 72. He is now appointed by the incumbent and the parochial church council jointly. The remuneration and terms depended on the custom of the particular parish and on the agreement made with him--58 Geo. 3, c. 45; 59 Geo. 3, c. 134; 19 & 20 Vict. c. 104; 11 & 12 Geo. 5, No. 1. See note Key and Elph. Prec., 12th Edn., vol. i, p. 118. The Company of Parish Clerks is the most ancient in the City of London; yet they stand at the bottom of the list, and have neither livery nor the privilege of making their members free of the City. See 2 Steph. Com., 7th Edn. 700.For the appointment of the clerk of the parish council under the Local Government Act, 1933 (23 & 24 Geo. 5. C. 51), see s. 114, ibid....
District Parishes
District Parishes, ecclesiastical divisions of parishes for all purposes of worship, and for celebration of marriage, baptisms, churchings, and burials formed at the instance of the Royal Commissioners for Building New Churches, and regulated by the (English) New Parishes Acts, 1843 and 1844 (6 & 7 Vict. c. 37, and 7 & 8 Vict. c. 94)....
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