Churchwardens Manual | Page 4

visitations is eighteen shillings (30 and 31 Vict., cap. 135). {11}
If there is a dispute as to whether a Churchwarden is legally elected or not, it is sometimes supposed that it is the Archdeacon's business at his visitation to decide the question. Of course Archdeacons are at all times ready, willing, and anxious to advise any persons who apply to them for advice to the best of their power. But it is no part of their duty, nor are they by law authorised to decide a disputed return. Their duty is simply that of returning officers to declare the election as certified to them by the Vestry. A copy of the minutes of the Vestry, in case of a dispute, should be laid before them, and the aggrieved party can, if he wishes to do so, apply for a mandamus commanding the Rector and Churchwardens to convene a Vestry to make a fresh election. It is for the court to grant or to refuse the application. I hope I may not be understood as recommending this course. I am merely stating what the law is. {12} But all these matters should, if possible, be settled out of court. Law-suits are apt to leave an unpleasant taste behind. If such a case should unhappily arise it might be advisable for the Archdeacon to suggest to the parties that they should agree to submit to his decision of the disputed question, and waive their right of appeal to a Court of Common Law. If this were agreed to the case might be amicably settled at once without resource being had to any external litigation.
If a Churchwarden duly elected ceases in the course of the year to reside in the parish he does not ipso facto vacate the office, though it is a good reason for resignation and the appointment of another in his place. {13}
The Churchwardens being thus duly elected, and having made the legal declaration at the visitation, continue in office until their successors are elected, and have in their turn made the said declaration.
What, then, are their duties?
The Local Government Act, 1894, has in many ways affected them.
Churchwardens in rural parishes are no longer ex-officio Overseers of the Poor. {14} An additional number of Overseers may be appointed to replace the Churchwardens, and reference in any Act to the Churchwardens and Overseers, shall, as respects any rural parish (except so far as those references relate to the affairs of the Church), be construed as references to the Overseers, and the legal interest in all property vested either in the Overseer of a rural parish (other than a property connected with the affairs of the Church, or held for an Ecclesiastical Charity), shall, if there is a Parish Council, vest in that Council.--V. 2, (a), (b), (c).
The Poor Relief Act, 1819, i.e., 59 Geo. III, cap. 12, enabled Churchwardens and Overseers of a parish to acquire lands, &c., and they were made a Corporation for that special purpose alone, and for the specific purposes mentioned in the Act. Such lands, as regards rural parishes having a Parish Council, now come under the management of the Parish Council.
The Churchwardens of every rural parish are now only concerned as Churchwardens with the affairs of the Church. What changes then, it will be asked, are made with regard to Vestries?
Speaking generally as to rural parishes, the powers, duties, and liabilities of the Vestry except (i) so far as relates to the affairs of the Church or to Ecclesiastical Charities, or (ii) any power, duty, or liability, transferred by this Act from the Vestry to any other authority are transferred to the Parish Council.--6, a, 1, 2.
One word with regard to the expression, Ecclesiastical Charities. These words include a charity, the endowment whereof is held for some one or more of the following purposes:--
(a.) Any spiritual purpose which is a legal purpose, or,
(b.) For the benefit of any spiritual person, or ecclesiastical person as such, or
(c.) For use, if a building, as a church, chapel, mission room, Sunday School, or otherwise by any particular church or denomination, or
(d.) For the maintenance, repair, or improvement of any such building as aforesaid, or for the maintenance of Divine service therein, or,
(e.) Otherwise for the benefit of any particular church or denomination, or of any members thereof as such (Sec. 75, i).
Any endowment of a charity other than a building held in part only for some of the purposes aforesaid, will be dealt with by the Charity Commissioners on the application of any person interested.
The expression, Ecclesiastical Charity, includes any building which in the opinion of the Charity Commissioners has been erected or provided within forty years before the passing of this Act, mainly by or at the cost of members of any particular church or denomination.
The expression,