CHAPTER IX

TEMPORALITIES

1. Possessions and revenues of benefices of ancient parishes and new ecclesiastical parishes. 2. Incumbent a corporation sole--Restrictions on his acquisition and holding of landed property--Licence in mortmain--Mortmain and Charitable Uses Acts--School Sites Acts--Inability to hold as a corporation land upon trusts. 3. Freehold of church and churchyard of ancient parish in rector--Chancel repairable by rector--Enforcement of repairs--Possession and custody of church in incumbent and churchwardens--Right of incumbent to keys and control of organ and bells--Canon 88--Right of rector to profits of soil of churchyard--Felling of trees in churchyard--Freehold of church and churchyard of new parish in incumbent--Exemption from rates and contributions to making new streets--Removal of part of church as a dangerous structure. 4. Rights of bishop and parishioners in church and churchyard--Power of incumbent as to ordinary tombstone sand inscriptions in churchyard--Glass shades for wreaths--Appeal to consistory and higher courts--Faculties for monuments in church and other alterations and additions in church and churchyard--Application by incumbent and churchwardens after resolution of vestry--Consent of rector to alteration in chancel--Faculty for vault or space for exclusive burial--Removal of earth or bones from churchyard, or other desecration--Faculty for diversion of ancient footpath through churchyard, and for throwing part of churchyard into highway--Restoration of wall wilfully thrown down--Easement of light and air over churchyard--Laying out of closed churchyard as a garden and removal of gravestones--Restrictions as to building on closed or disused burial-grounds. 5. Glebe, rectorial and vicarial--Exemption from tithe--Waste--Cultivation of glebe--Cutting down of trees--Opening and working of mines and quarries and gravel pits. 6. Statutory facilities for parsonage houses and other buildings and repair of chancels--Gilbert Acts--Loans by, and mortgages to Queen Anne's Bounty--Purchase of land--Building and improving of farm buildings and labourers' dwellings--Gifts and bequests of parsonage houses and glebe--Sale and exchange of parsonage houses and glebe. 7. Letting of parsonage house where incumbent has licence to reside elsewhere. 8. Farming or letting of glebe--Agricultural, building, and mining leases. 9. Repair of parsonage house and glebe buildings--Ecclesiastical Dilapidations Act, 1871. 10. Diocesan surveyors--Proceedings (_a_) on vacancies in benefices and (_b_) in other cases--Exemption from liability for five years after certificate of surveyor. 11. (_a_) Inspection and report by surveyor on a vacancy--Objections to report--Order of bishop--Debt from late incumbent, or his estate, to new incumbent--Payment of amount recovered to Queen Anne's Bounty--Loan of amount not recovered--Balance to be paid by new incumbent--Dilapidation Account--Liability where a vacancy occurs between inspection of buildings and certificate of completion of works. 12. (_b_) Inspection of buildings on complaint of archdeacon, rural dean, or patron, or on request of incumbent--Inspection after and during sequestration of benefice--Report--Objections--Decision of bishop--Loans--Dilapidation Account--Execution of repairs---Charge of cost on income in case of benefice under sequestration--Vacancy before execution of works--Liability of sequestrator spending excessive amount on repairs. 13. Payment of money out of dilapidation account on certificate of surveyor--Liability and duty of incumbent--Rebuilding or remodelling instead of repairing. 14. Insurance of parsonage house, glebe buildings, and chancel against fire--Production of receipts for premiums at visitations--Payment and application of insurance money and reinstatement of buildings in the event of fire--Sequestration of benefice to raise any requisite balance. 15. Exemption from Act of 1871 of buildings let on lease under which tenant is liable--Inspection by surveyor. 16. Faculty or consent of bishop and patron to alterations in buildings--Liability of incumbent for alterations not so sanctioned--Power of bishop to authorise removal of unnecessary buildings--Movable sheds or garden frames. 17. Vacation of benefice--Cesser of rights of former incumbent--Right of widow to two months' residence in parsonage house--Inspection of premises pending settlement of dilapidations--Emblements--Apportionment of rents, tithe rentcharge, and other income. 18. Tithe commutation rentcharge under Act of 1836 and amending Acts--Assessment in lieu of great or rectorial tithes and small or vicarial tithes--Extraordinary tithe rentcharge in respect of hop and other gardens and orchards--Act of 1886--Assessment of tithe rentcharge with regard to prices of wheat, barley, and oats--Variation according to septennial average prices. 19. Payment of tithe rentcharge and recovery by distress on appointment of receiver--Recovery from railway company. 20. Dues (i.) ordinary and (ii.) special--Variety by law and custom--Payments on the customary four offering days--Easter offerings--Rights of vicar of new ecclesiastical parish. 21. Mortuaries. 22. Dues for special services or concessions. 23. Pew rents under special or general Acts of Parliament--Under Church Building and New Parishes Acts--Recovery of pew rents. 24. First fruits and tenths--Exemption of small benefices--Number of benefices remaining liable. 25. Income or property tax--On parsonage house, glebe lands, and tithe rentcharge--On landed property in occupation of incumbent--On other stipend, fees, perquisites, and profits--Legal deductions--Test as to whether receipts are or are not liable to tax--Voluntary contributions to minister in respect of his office--Grants from Curates' Augmentation Fund--Grants from Queen Victoria Clergy Fund pages 141-168

INDEX pages 169-174

LIST OF ABBREVIATIONS

_A. C._ Law Reports (House of Lords and Privy Council) 1891 onwards.

_A. & E._ Adolphus & Ellis's Reports (King's Bench) 1834-41.

_Add._ Addam's Reports (Ecclesiastical) 1822-6.

_Ambl._ Ambler's Reports (Chancery) 1737-83.

_App. Ca._ Law Reports (House of Lords and Privy Council) 1875-90.

_Atk._ Atkyn's Reports (Chancery) 1735-54.

_Ayl. Par._ Ayliffe's _Parergon Juris Canonici Anglicani_, 1726.

_B. & C._ Barnewall & Cresswell's Reports (King's Bench) 1822-30.

_B. & Ad._ Barnewall & Adolphus' Reports (King's Bench) 1830-34.

_B. & Ald._ Barnewall & Alderson's Reports (King's Bench) 1818-22.

_B. & Sm._ Best & Smith's Reports (Queen's Bench) 1861-70.

_Beav._ Beavan's Reports (Chancery) 1838-66.

_Bl. Comm._ Blackstone's Commentaries on the Laws of England.

_Burn._ Burn's Ecclesiastical Law, 4 vols.

_Canon._ One of the Constitutions and Canons Ecclesiastical agreed upon in the Canterbury Convocation begun in 1603.

_C. B._ Common Bench Reports, 1845-56.

_C. B. N. S._ Common Bench Reports, New Series, 1856-65.

_C. & K._ Carrington & Kirwan's Reports (Nisi Prius) 1843-1853.

_C. P. D._ Law Reports (Common Pleas Division) 1875-80.

_Ch._ Law Reports, Chancery Division, 1891 onwards.

_Ch. D._ Law Reports, Chancery Division, 1875-90.

_Cl. & F._ Clark & Finnelly's Reports (House of Lords) 1831-46.

_Clarke, Proxis_ Francis Clarke's _Proxis in Curiis Ecclesiasticis,_ 1666, 1684.

_Co. Inst._ Coke's Institutes of the Laws of England, Second Part.

_Co. Litt._ Coke upon Littleton (with notes by Hargrave and Butler).

_Co. Rep._ Coke's Reports, 1598-1616.

_Com. Dig._ Comyn's Digest.

_Cowp._ Cowper's Reports (King's Bench) 1774-78.

_Cripps._ Cripps's Law relating to the Church and Clergy, 6th ed., 1886.

_Cro. Jac._ Croke's Reports (temp. James I.) 1603-1625.

_Curt._ Curteis's Ecclesiastical Reports, 1834-44.

_Degge._ Sir Simon Degge's Parson's Counsellor.

_Dr. & Sm._ Drewry & Smale's Reports (Chancery) 1859-65.

_E. & B._ Ellis & Blackburn's Reports (Queen's Bench) 1854-8.

_Eccl. & Adm._ Ecclesiastical & Admiralty Reports (Spinks) 1853-5.

_El. & El._ Ellis & Ellis' Reports (Queen's Bench) 1858-61.

_Ex._ Exchequer Reports, 1847-56.

_Ex. D._ Law Reports (Exchequer Division) 1875-1880.

_Geary_ Geary's Law of Marriage and Family Relations (A. & C. Black, 1892).

_Gibs. Cod._ Gibson's _Codex Juris Ecclesiastici Anglicani_.

_Hag. Cons._ Haggard's Consistory Reports, 1729-1821.

_Hag. Eccl._ Haggard's Ecclesiastical Reports, 1827-1832.

_H. & C._ Hurlstone & Coltman's Reports (Exchequer) 1862-66.

_H. L. C._ House of Lords Cases, 1847-66.

_Hob._ Hobart's Reports, 1611-20.

_Ir. Ch. Rep. App._ Irish Chancery Reports (Appendix).

_J. & H._ Johnson & Hemming's Reports (Chancery) 1859-62.

_J. P._ Justice of the Peace, 1837 onwards.

_Johns._ John Johnson's Clergyman's Vade Mecum, 6th ed., 1731.

_Jur._ Jurist (Reports) 1837-54.

_Jur. N. S._ Jurist, New Series (Reports) 1855-66.

_K. B._ Law Reports (King's Bench) 1901 onwards.

_L. J. (Ch., C.P.,_ Law Journal 1823-31; New Series 1832 onwards _ Ex. Q.B.)_ (Chancery, Common Pleas, Exchequer, Queen's Bench).

_L. J. Eccl._ Ditto (Ecclesiastical Cases).

_L. J. M. C._ Ditto (Magistrates' Cases).

_L. J. P. M. & A._ Ditto (Probate, Matrimonial, and Admiralty Cases).

_L. R. A. & E._ Law Reports, 1865-75 (Admiralty and Ecclesiastical).

_L. R. C. P. Ex. Q. B._ Ditto (Common Law).

_L. R. Ch._ Ditto (Chancery Appeals).

_L. R. Eq._ Ditto (Equity).

_L. R. H. L._ Ditto (House of Lords).

_L. R. H. L. Sc._ Ditto (Scotch and Divorce Appeals).

_L. R. P. C._ Ditto (Privy Council).

_L. T. N. S._ Law Times (New Series) Reports, 1859 onwards.

_M. & S._ Maule & Selwyn's Reports (King's Bench) 1813-17.

_M. & W._ Meeson & Welsby's Reports (Exchequer) 1836-47.

_Marsh._ Marshall's Reports (Common Pleas) 1813-1816.

_Mer._ Merivale's Reports (Chancery) 1815-17.

_Moo. P. C._ Moore's Privy Council Reports, 1836-62.

_Moo. P. C. N. S._ Ditto, New Series, 1862-73.

_N. R._ New Reports (Equity and Common Law) 1862-65.

_Not. of Ca._ Notes of Cases (Ecclesiastical and Maritime) 1841-50.

_P._ Law Reports, Probate Division, 1891 onwards.

_P. D._ Law Reports, Probate Division, 1875-90.

_Phill._ Phillimore's Reports (Ecclesiastical) 1809-1821.

_Phill. Eccl. Law_ Phillimore's Ecclesiastical Law of the Church of England, 2 vols., 2nd ed., 1895.

_P. Wms._ Peere Williams' Reports (Chancery) 1695-1735.

_Q. B._ Queen's Bench Reports (Adolphus & Ellis) 1841-52.

_Q. B._ Law Reports (Queen's Bench) 1891-1900.

_Q. B. D._ Law Reports (Queen's Bench Division) 1875-1890.

_Rob. Eccl._ Robertson's Reports (Ecclesiastical) 1844-1853.

_Sc. L. R._ Scottish Law Reporter, 1865 onwards.

_Sm. Churchw._ Smith's Law of Churchwardens and Sidesmen in the Twentieth Century (Wells, Gardner, & Co., 2s.).

_Str._ Strange's Reports, 1715-47.

_Strype's Annals_ John Strype's Annals of the Reformation (ed. 1824) 4 vols.

_Sw. & Tr._ Swabey & Tristram's Reports (Probate and Divorce) 1858-65.

_Taun._ Taunton's Reports (Common Pleas) 1807-1819.

_Times Law Rep._ Times Law Reports, 1884 onwards.

_T. R._ Durnford & East's Term Reports (King's Bench) 1785-1800.

_Trist. Cons. Judgm._ Tristram's Consistory Judgments, 1872-90.

_Ventr._ Ventris' Reports (King's Bench) 1668-91.

_Ves._ Vesey Junior's Reports (Chancery) 1789-1816.

_Wats._ Watson's Clergyman's Law, 4th ed., 1747.

_Willes_ Willes Reports (Common Pleas) 1737-58.

_Wils._ Wilson's Reports (Common Law) 1743-74.

_W. R._ Weekly Reporter, 1853 onwards.

_Yo. & Jer._ Younge & Jervis's Reports (Exchequer) 1826-30.