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THE

Ecclesiastical Law.

BY

RICHARD BURN, LL.D.

CHANCELLOR OF THE DIOCESE OF CARLISLE,

AND VICAR Of orton, in THE COUNTY OF WESTMORELAND;
AUTHOR OF THE OFFICE AND DUTY OF A JUSTICE OF THE PEACE."

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The Ninth Edition,

CORRECTED; WITH CONSIDERABLE ADDITIONS,

INCLUDING THE STATUTES AND CASES TO THE PRESENT TIME;

BY

ROBERT PHILLIMORE,

ADVOCATE IN DOCTORS' COMMONS, BARRISTER of the middle TEMPLE, OFFICIAL
TO THE ARCH DEACONRIES OF LONDON AND MIDDLESEX, AND

LATE STUDENT OF CHRIST CHURCH, OXFORD.

["Omnes legibus regantur etiam si ad divinam domum pertineant.”—COD. 1. i. tit. xiv. s. 10.

Certain it is, that this kingdom hath been best governed, and peace and quiet preserved, when both parties, that is, when the justices of the temporal courts and the ecclesiastical judges, have kept themselves within their proper jurisdiction, without encroaching or usurping upon one another."-LORD COKE, 3 Inst. 321.]

IN FOUR VOLUMES.

VOL. II.

LONDON:

S. SWEET; V. & R. STEVENS & G. S. NORTON;
Law Booksellers and Publishers:

ANDREW MILLIKEN, GRAFTON STREET, DUBLIN.

1842.

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ADDENDA ET CORRIGENDA

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VOL. II.

PAGE

Commendam.

7.- For "6 & 7 Will. 4, s. 78," read " 6 & 7 Will. 4, c. 77, s. 18."

Councils.

30, n. (b).-See as to councils in England, "Synodalia, or a Collection of Articles of Religion, Canons, &c. in the Province of Canterbury, 1547 to 1716. By Edw. Cardwell, D.D., President of St. Alban's Hall, Oxford, 1842. And by the same author, "Documentary Annals of the Reformed Church of England. 1839."

Curates.

74.-First word, for "Forms" read "Farms."

Deprivation.

146 a. -See also as to cases of suspension for drunkenness, Burder v. Speer, Trin. term, 1841, June 4; clergyman not suspended but condemned in 75l. nomine expensarum, Taylor Morley, 1 Curt. 470.

Dilapidations.

146.-Last case, Clow v. Brogden, vol. ii. Mann. & Granger, 39.

Dissenters.

183.-For "1 Will." read "1 Wm. & Mary."

186.—1 W. & M. c. 18, s. 13, repealed as to Quakers by 8 Geo. 1, c. 6, s. 1. s. 17, repealed as to the Holy Trinity by 57 Geo. 3,

187.

c. 160, s. 1. 201.-At sect. 18, refer to case in 2 B. & C. 699, 702, Williams v. Glennister, as to disturbance of public worship.

220 g. 1. 2.-For "7 Will. 4; 1 Vict." read "7 Will. 4 & 1 Vict."

Drunkenness.

231.-The 1 Jac. 1, c. 9 & 4 Jac. 1, c. 5, repealed by 9 Geo. 4, c. 61, s. 35; 7 Jac. 1, c. 10, repealed by 3 Geo. 4, c. 77, s. 9; 21 Jac. 1, c. 7 & 1 Car. 1, c. 4, repealed by 9 Geo. 4, c. 61, s. 35,-schedule C of which gives the form of licence to publicans, and sect. 21 imposes certain penalties, &c., for offences against the tenor thereof. The 2 & 3 Vict. c. 47, s. 58, enacts "that every person found drunk in any street or public thoroughfare within the metropolitan district, and all drunkards guilty of any riotous or indecent behaviour, shall be liable to a penalty not exceeding forty shillings, or be committed to the house of correction for any time not exceeding seven days." VOL. II.

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243 f.-As to the exchange of lands belonging to Dean and Chapter, see that title; and as to residence-houses, that title.

235.-243 d read for 143 d.

243 e read for 143 e.

Excommunication.

261.-See title Practice, vol. iii. p. 211, for a further act relating to this subject, passed since this chapter was printed.

Glebe Lands.

296 —In analysis of heading to chapter, for “56 Geo. 4,” read “6 Geo. 4.” 303 p.--See also titles Exchange and Tithes.

Leases.

362.-Two bills are now passing through parliament:-1. To enable incumbents of ecclesiastical benefices to demise the lands belonging to their benefices on farming leases. 2. To enable ecclesiastical and spiritual corporations aggregate and sole to grant building and repairing leases of their lands and houses.

Lord's Day.

412.-1 Jac. 1, c. 22, ss. 28, 46, 50, repealed by 48 Geo. 3, c. 60, s. 1. 415.-The 9 Ann. c. 23, s. 20 is repealed by 1 & 2 Will. 4, c. 22, s. 1, and s. 37 enacts," that it shall be lawful for the proprietor or driver of any hackney carriage which shall be licensed under the authority of this act to stand and ply for hire with such carriage and to drive the same on the Lord's day, any former act or acts to the contrary notwithstanding; and that such proprietor or driver who shall so stand or ply for hire as aforesaid, shall be liable and compellable to do the like work on the Lord's day as such proprietor or driver is by this act liable or compellable to do on any other day of the week." 419.—The 13 Geo. 3, c. 80, s. 6, repealed by 1 & 2 Will. 4, c. 32, s.1 & 3 enacts "that if any person shall kill or take any game or use any dog, gun, net, or other engine or instrument for the purpose of killing or taking any game, on a Sunday or Christmas day, such person shall on conviction thereof before two justices of the peace forfeit and pay for every such offence such sum of money not exceeding five pounds, as to the said justices shall seem meet, together with the costs of the conviction."

420.-After line 2, add: The 2 & 3 Vict. c. 47, s. 42, enacts "that no licensed victualler, or other person shall open his house within the metropolitan district for the sale of wine, spirits, beer, or other fermented or distilled liquors on Sundays, Christmas day and Good Friday before the hour of one in the afternoon, except refreshment for travellers, under a penalty [section 73] of not more than five pounds, or be imprisoned for any time not exceeding one calendar month."

Marriage Acts.

433.-Fifth line, for "who" read “which."

Marriage.

433 uu.-Reg. v. Smith, Queen's Bench Chamber (Dublin), 26 and 27 November, 1841. The question was reserved for the opinion of the judges from the Armagh assizes. A. B., who was a Church of

PAGE

England Protestant, was married to C. D., who was a Presbyterian, by a Presbyterian minister, according to the rites of that assembly: Held by a majority of the judges, on a point saved on a conviction for bigamy, that such marriage was invalid according to the laws of Ireland, and that the conviction was wrong.

Of the twelve judges, two were of a contrary opinion, and two were absent.

433 uu & 476.-Marriage in ambassador's house, Lloyd v. Petitjean, 2 Curt.

521.

485.-As to marriages of Jews, last case, Moss v. Smith, 1 Manning and

Granger, 228.

500 c.-Restitution of conjugal rights, Anichini v. Anichini, 2 Curt. 518. 501 e.—Incestuous marriage, Woods v. Woods, 2 Curt. 518; Sherwood v. Ray, 1 Moore, P. C. 353.

501k, l. 17.-Add after "practice," Godolphin and Oughton. And in the note (c) substitute for those names, Briggs v. Morgan.

503.-Cruelty, divorce for, Lockwood v. Lockwood, 2 Curt. 281.

503 t.-Connivance. What amounts to corrupt facility, Drew v. Drew, 6 Jurist, 110.

503 u.-Condonation. Return of wife to husband's bed after acts of cruelty may, under special circumstances, not constitute condonation, Snow v. Snow, 6 Jurist, 286.

Grant, As to posses

505.-Adultery, divorce for, Eldred v. Eldred, 2 Curt. 376; Grant v. (on very slight circumstantial evidence), 2 Curt. 16.

sion of paraphernalia during suit, Glegg v. Glegg, 5 Jur. 1018. 506 e.-See further Mr. Chitty, jun. on the Law of Contracts, as to the liability of the husband for the wife's debts during coverture, when she has eloped or separated from him, pp. 161–177.

Mortmain.

554 a. For latest case as to what is sufficient evidence of enrolment under 9 Geo. 2, c. 36, see Doe d. Williams v. Lloyd, 1 Mann. & Granger, vol. i. 671.

546 a, l. 7.-Omit "and;" and in note (m) omit "that" before "Charlemagne," and "were" before "among."

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VOL. II.

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