Resignation - Law Dictionary Search Results
Home Dictionary Name: resignation Page: 2Dean
Dean [fr. decanus, Lat.; deka, Gk., ten], an ecclesiastical governor or dignitary, so called as he is supposed to have originally presided over ten canons or prebendaries at the least. In cathedrals of the old foundation in England, the dean is the principal of the four chief dignitaries, exercising a general supervision over the other members of the capitular body, with special reference to the cure of souls. In cathedrals of the new foundation, the duties of the deans are defined by the statutes of each chapter.Considered in respect of the differences of office, deans are of six kinds:--(1) Deans of Chapters, who are either of cathedral or collegiate churches. (2) Deans of Peculiars, who have sometimes both jurisdiction and cure of souls, and sometimes jurisdiction only. (3) Rural Deans, deputies of the bishop, planted all round his diocese, the better to inspect the conduct of the parochial clergy, to inquire into and report dilapidations, and to examine the candidates for confirmat...
Simony
Simony, ['payment for things spiritual'] the corrupt presentation of, or the corrupt agreement to present any one to an ecclesiastical benefice for reward. It is derived from Simon Magus, who offered money to the Apostles for the power to work miracles (Acts viii. 18-24). It is an offence by statute 31 Eliz. c. 6, which by s. 5, 'for the avoiding of simony,' directs that the corrupt presentation shall be void, and the presentation shall go to the Crown, and the Clerical Subscription Act, 1865 (28 & 29 Vict. c. 122), required a declaration against simony to be subscribed by every person about to be instituted or collated to any benefice or to be licensed to any perpetual curacy, lectureship, or preachership. This declaration, which was only to the effect that the declarant had not been party to any contract to the best of his knowledge simoaniacal, is now superseded by a far more effective and specific declaration scheduled to the Benefices Act, 1898 (61 & 62 Vict. c. 48), which declara...
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....
Bishop
Bishop [fr. 'plokopoV, Gk. Biscop, Sax.], an overseer or superintendent. The chief of the clergy in his diocese or jurisdiction in England, Wales, or Ireland, and the archbishop's suffragan or assistant. A bishop is elected by the king's cong' d' 'lire, or license to elect the person named by the king, accompanied, by virtue of 25 Hen. 8, c. 20, by a letter-missive, addressed to the dean and chapter; and if they fail to make election in twelve days, the king, by letters-patent, may nominate whom he pleases. A bishop is said to be installed, and there are four things necessary to his complete title: (1) election, which resembles the presentation of a clerk to an ecclesiastical benefice; (2) confirmation, which cannot be opposed on doctrinal grounds: see Reg. v. Archbishop of Canterbury, 1902 KB 503, under title CONFIRMATION OF BISHOPS; (3) consecration, similar to institution; (4) installation, answering to induction. The bishop are the lords spiritual in Parliament: see HOUSE OF LORDS....
Abdication
Abdication, where a magistrate or person in office voluntarily renounces or gives it up. It differs from resignation, in that resignation is made by one who has received his office from another and restores it into his hands 'as an inferior into the hands of a superior. On King James II.'s leaving this kingdom, and abdicating the crown, the Lords would have had the word 'desertion' made use of, but the Commons thought it was not comprehensive enough, for that the king might then have liberty of returning, and the Lords ultimately gave way: see Macaulay's Hist. of Eng., ch. X. Involuntary resignations are also termed abdications, as Napoleon's abdication at Fontainebleau. See 1 Edw. 8, c. 4.Is the act of renouncing or abandoning privileges or duties, esp. those connected with high office, Black Law Dictionary, 7th Edn., p. 3....
Gratuity
Gratuity, it is a kind of retirement benefit like the provident fund or pension. At one time it was treated as payment gratuitously made by the employer to his employee at his pleasure but as a result of a long series of decisions of industrial tribunals gratuity has now come to be regarded as a legitimate claim which workmen can make and which, in a proper case, can give rise to an industrial dispute. Gratuity paid to workmen is intended to help them after retirement, whether the retirement is the result of the rules superannuation or of physical disability, Indian Hume Pipe Co. Ltd. v. Workmen, AIR 1960 SC 251: (1960) 2 SCR 32.Gratuity is a retiral benefit and can be earned as a matter of right on fulfilling the conditions subject to which it is earned, any rule conferring absolute discretion not testable on reason, justice or fair play must be treated as utterly arbitrary and unreason-able and discarded, Sudhir Chandra Sarkar v. Tata Iron and Steel Co. Ltd., AIR 1984 SC 1064 (1071):...
Surrender of copyholds
Surrender of copyholds. The following note affects the title to copyholds, as it existed before their abolition by the (English) Law of Property Act, 1922. Copyholds were not, as a general rule, alien-able by any of the Common Law assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed attorney, either in or out of Court, to the lord of the manor in person, his chief steward, or under-steward; or, by special custom, to the bailiff, beadle, or reeve, or to certain tenants of the manor, either as a relinquishment or resignation of such estate, or as the medium of conveying or transferring it to another. Surrenders were made in various forms-in some manors by a rod, in others by a straw, in others by a glove, or some other symbol, which is delivered by the surrenderor to the steward or other person taking the surrender in the name o...
Parson
Parson [fr. persona, Lat., because the parson omnium personam in ecclesi' sustinet; or from parochianus, the parish-priest.--Johnson; anciently written persone.--Todd], 'the rector of a church parochiall' (Co. Litt. 300 a); one that has a parochial charge or cure of souls. 'The most legal, most beneficial, and most honourable title that a parish priest can enjoy,' says Sir W. Blackstone.A parson has the freehold for life of the parsonage-house, the glebe, the tithes, and other dues. But these are sometimes appropriated, that is to say, the benefice is perpetually annexed to some spiritual corporation, either sole or aggregate, being the patron of the living; which the law esteems equally capable of providing for the service of the church as any single private clergyman: see 1 Bl. Com. 384. Many appropriations, however, are now in the hands of lay persons, who are usually styled, by way of distinction, lay impropriators. In all appro-priations there is generally a spiritual person attac...
Lords of Appeal in Ordinary
Lords of Appeal in Ordinary, originally two persons having held high judicial office, or practised at the bar for not less than fifteen years, appointed, with a salary of 6,000l. a year, to aid the House of Lords and the Judicial Committee of the Privy Council in the hearing of appeals (App. Jur. Act, 1876, s. 6). On the death or resignation of any two members of the Judicial Committee of the Privy Council the Crown was empowered to appoint a third and fourth Lord of Appeal in Ordinary (ibid., s. 14), and may now appoint two more in addition to the four (App. Jur. Act, 1913, s. 1), and a further one in addition to the six (App. Jur. Act, 1929, s. 2). Any Lord of Appeal in Ordinary who at the date of his appointment would have been qualified to the appointed an ordinary judge of the Court of Appeal, or at that date was a judge of that Court, is an ex-officio judge of the Court of Appeal (Jud. Act, 1925, s. 6 (2)). Lords of Appeal in Ordinary rank as barons for life and sit and vote in t...
Resignatio est juris proprii spontanea refutatio
Resignatio est juris proprii spontanea refutatio. Godb. 284.-(Resignation is a spontaneous relinquishment of one's own right.)...
- << Prev.
- Next >>