the consent of either rector or ordinary (f). One of two churchwardens cannot safely act alone even in matters which must be beneficial to the parish (g), but it is quite competent for him to promote a suit in opposition to his co-churchwarden (h).

Duties. Their principal duties are to see to the making of church rates (q. v.), i. e., the levying of voluntary contributions for church purposes, in some cases to collect pew rents and hand them over to the minister (i), to collect alms (q. v.), to arrange for the seating of the congregation (k), to enforce orderly behaviour in church and churchyard during service, to take care of a benefice during a vacancy (1), and to make presentments or reports to the bishop in the event of misconduct by the clergy. Formerly, they had also to make presentment as to the parishioners generally, but this is now obsolete (m). They are also entitled to ask a strange clergyman officiating to produce his letters of orders.

For the purpose of maintaining order during divine service, they (and perhaps also private individuals) may eject disturbers, and take off a person's hat, if on being asked he refuses to remove it, and may whip boys playing in church (n) during or immediately before service (0); but such a course cannot now be recommended. But in the event of the minister wearing illegal vestments or committing other breaches of the ecclesiastical law, their duty would seem to be simply to report the conduct to the bishop, or if necessary, take the proper steps under the Church Discipline or Public Worship Regulation Acts (q. v.).

When the churchwardens have been admitted to the office, they should survey the church and churchyard and inspect

whatever else is in their custody as churchwardens, and take account of repairs wanted and of arrears due, and estimate as nearly as they can (with the assistance of competent persons, as builders, &c., where expedient) the probable amount both of such repairs and of the current expenses required for the decent performance of public worship for the year. They are then to call a vestry together, and lay before it their estimates and propose and exert themselves to obtain an adequate rate, and, when obtained, to collect it (p).

In parishes maintaining their own poor they are ex officio overseers (2), and the two offices may be held together in other parishes ("). A churchwarden has no right forcibly to prevent an inhabitant of the parish or district from entering a church for the purpose of attending service on the ground that, in his opinion, such person could not be conveniently accommodated in the church, and this rule would seem to apply even if the church were really already crowded to suffocation (s). Churchwardens have a right of access to the church at proper seasons, but not to the custody of the keys, and they cannot remove ornaments which have been illegally placed there without the consent of the ordinary (t). They have no rights over a proprietary chapel (q. v.).

They are bound to render accounts annually to the vestry, and hand over balances at the end of their term of office (u). They may be removed if they are guilty of misbehaviour, negligence, or improvidence, and the mode of removal seems to be by complaint of the vestry or minister to the bishop (x). As to ordinary repairs, the churchwardens need not take the consent of the parishioners, for, though they be indiscreet or over-expensive in such repairs, they shall be reimbursed whatever they can prove they have truly and really expended or rendered themselves liable for without any private profit to

(p) Lond. Dio. Book, 1890, p.

282.

(7) 43 Eliz. c. 2, s. 1.

(r) 29 & 30 Vict. c. 113, s. 12. Taylor v. Timson (1888), 20 Q. B. D. 671.

(t) Ritchings v. Cordingley, ubi sup. And see PARISH CHURCH.

(u) Can. 89. See 7 & 8 Vict. c. 101, 8. 32, and Glen's Poor Law Statutes. (x) 2 Addams, 130.

themselves, because the parish have made them their trustees (y), i. e., of course assuming that there are any funds available.

Election. There are generally two elected for each parish, but there may be one only by custom. Usually one is elected by the incumbent and one by the parishioners, but the custom varies (). Where there is no custom, it is said the canon law must be followed, and they must be chosen by the joint consent of minister and parishioners. If they cannot agree, then the minister (or his curate) is to choose one, and the parishioners another (a). Where the right of appointing exists in the parishioners, it is exercised in vestry (q. v.), and the parson should not interfere (b). The election of churchwardens and sidesmen is to take place yearly in Easterweek (c), and they are to make a declaration before the ordinary at a visitation to be held as soon as possible after the election, that they will serve the office faithfully (d). Though chosen for a year only, they may be re-elected, and, it would seem, must continue in office till their successors are "sworn" (c). Fees amounting to 18s. are payable in respect of any visitation, but the churchwardens are not liable to pay the registrar's, or, it would seem, any, fees out of their own pockets (e).

Who may be elected. As a general rule, all parishioners, however poor, except aliens, Jews, minors, lunatics, and felons, are eligible. It is very doubtful, however, whether a woman, or a dissenter of any kind, would be compelled to serve (f). A Roman Catholic is allowed to serve by deputy (g). In new parishes, under the recent Acts, the churchwardens must be members of the Church of England. The following persons are exempt :-peers, members of parliament, sheriffs,

acting justices of the peace, aldermen, clergymen, dissenting ministers (papist and protestant), barristers and solicitors, law court officers, practising physicians, surgeons, apothecaries, and registered dentists, officers in the army, navy and marines though on half pay, serjeants, corporals, drummers, and privates in the militia, registrars of births, &c., officers of inland revenue, customs and post office, and parishioners living out of the parish, unless they carry on trade therein (). It is essential to the eligibility of a parishioner that he should be "resident," and for this merely being rated is not sufficient; there must be some kind of occupation equivalent to actual residence (i). If a churchwarden during the continuance of his office ceases to reside in the parish, he does not ipso facto cease to be churchwarden, though it is a good ground for appointing another in his place (k).

It would seem that a parishioner has no right to inspect the churchwarden's books, unless he can show a special reason. It is not sufficient that the inspection is desired for the purpose of enabling the applicant to take part in the proceedings of the vestry ().

CHURCHYARDS, CEMETERIES, and BURIAL GROUNDS. The freehold of the churchyard belongs to the incumbent (m), but only as a kind of life tenant and subject to the parishioners' right of burial, and to various restrictions, e. g., he may not turn cattle in so as to be a nuisance to the parishioners, nor remove monuments without the consent of the Bishop (n), nor remove the soil, nor break down the churchyard wall, nor injure the freehold. If he does the churchwardens can get an injunction (o). His freehold interest, as also that of a lay rector, is, however, sufficient to enable him to maintain an action in the High Court against

(h) See Prid. Ch.

(i) R. v. Harding (1889), 6 T. L. R. 54.

(k) Ganvill v. Utting (1845), 9 Jur. 1081.

(1) Reg. v. Daventry (1859), 5 Jur. N. S. 940.

(m) Comyn's Dig. 2, 323; 21 Q. B. D. 328.

(n) Wilson v. McMath (1819), 3 Phill. 90.

(0) Adlam v. Colthurst (1867), 36 L. J. Ecc. 14; Marriott v. Tarpley (1838), 9 Sim. 279.

a trespasser (p). When a churchyard is no longer used for burials, the incumbent's freehold interest is valueless (q).

Most of the privileges attaching to a church, belong also to the churchyard, e. g., protection from profane usage and brawling (r), and formerly the privilege of sanctuary (q. v.). Churchyards of cathedrals have the like privileges.

The incumbent is not bound to repair or fence in the churchyard. It must be done by voluntary subscriptions, as no compulsory rate can now be levied. Where there is a public path through the churchyard, it must be repaired at the expense of the parish, but not a churchway leading only to the church. A faculty is necessary and can be obtained for making new church paths, and all jurisdiction respecting them is vested in the Ecclesiastical Court (s). The churchwardens are the proper persons to see that the fences are properly repaired by the adjoining owners or otherwise (†). The cost of repairing disused burial grounds is paid out of the poor rate, upon the certificate of the burial board or churchwardens (u). A bequest for the repair of a churchyard is a good charitable gift, but for the repair of tombs or monuments in a churchyard is void, though the desired result can be attained in another way (x). Sites not exceeding one acre may now be bought and conveyed to be used as a burial place under the Public Worship Sites Acts, 1873 and 1882 (y), and also for adding to existing churchyards under the Consecration of Churchyards Acts, 1867 and 1868. Forms of conveyance are given in these Acts (≈). Under the Act of 1867 when the land is a gift, an exclusive right of burial may be reserved to the giver in a portion not exceeding one-sixth of the land, and a memorandum to that effect is to be written on the instrument of consecration and signed by

(p) Batten v. Gedye (1889), 41 Ch. D. 507.

(g) Stebbing v. Metropolitan (1870), L. R. 6 Q. B. 37.

(r) See BRAWLING, and can. 88.

(s) See Batten v. Gedye (1889), 41

Ch. D. at P. 515.

(t) Prid. Ch. p. 95.

(u) 18 & 19 Vict. c. 128, s. 18; R. v. Vestry of St. Mary (1890), 25

Q. B. D. 523.

(x) See MONUMENTS.

(y) See PARISH CHURCH.

(2) 30 & 31 Vict. c. 133, s. 5; 36 & 37 Vict. c. 50, s. 4.