Ecclesiastical Law. BY RICHARD BURN, LL.D. CHANCELLOR OF THE DIOCESE OF CARLISLE, AND VICAR OF ORTON, IN THE COUNTY OF WESTMORELAND; 66 AUTHOR OF THE OFFICE AND DUTY OF A JUSTICE OF THE PEACE.'" 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 LATE STUDENT OF CHRIST CHURCH, Oxford. ["Omnes legibus regantur etiam si ad divinam domum pertineant."-COD. 1. i. tit. xiv. s. 10. IN FOUR VOLUMES. VOL. III. LONDON: S. SWEET; V. & R. STEVENS & G. S. NORTON; ANDREW MILLIKEN, GRAFTON STREET, DUBLIN. ADDENDA ET CORRIGENDA ΤΟ 35.-See further, the 3 & 4 Will. 4, c. 82, as to Separatists; and 1 & 2 Vict. c. 77, as to such persons as have been Quakers or Moravians. 44.-The curacy of the parish of St. T. having become vacant, the vicar, in whom the right of nomination was vested, nominated a layman, who presented himself to the Archbishop of D. for the purpose of being examined previous to ordination. The archbishop refused to ex- amine him: Held, that the refusal was discretionary, and that the court would not grant a mandamus to the archbishop requiring him to proceed to examination. (Rex v. Archbishop of Dublin, 1 Alcock & Napier, 244, Irish Reports.) 70, n. (g). See also titles Church in Scotland, Church in the Colonies, and Church of England in Foreign Dominions, for the orders of Scotch, Colonial, and American bishops, and their effect in Eng- 73.-Although parish forms part of a union under 4 & 5 Will. 4, c. 76, the land is not divested out of the churchwardens and overseers. Norton 89, 1.6.-See also the cases of Ex parte Cirketh, 3 Dowl. P. C. 327; and also Rex v. Neale, 4 Nev. & M. 868; and Bowles v. Neale, 7 C. & P. 262. Semble, it is admitted by temporal courts that the ordinary 115.-25 Geo. 2, c. 37, repealed by 9 Geo. 4, c. 31. And see s. 5 of latter act, which is repealed by 2 & 3 Will. 4, c. 75, s. 16, which directs that the bodies of murderers shall be hung in chains or burned within the precincts of the prison. Hanging in chains is repealed Practice. 185. Pauper.--Churchwardens of Hornchurch v. Pigott, 5 Jur. 1201. 237-243-Orders in Council.— Prefix the following dates: 4th February, 11/5/45 central. X-20,45 227. Evidence.-De bene esse, Weguelin v. Weguelin, 2 Curt. 263; Goodrich v. Jones, ibid. 630 (interest);-Mackenzie v. Yeo, ibid. 509; Allen v. Macpherson, ibid 513; White v. Beard, ibid. 487 (as to pleading 253. Citation. Husband's domicil prima facie that of wife, Whitcomb v. 284. Articles.-Under 3 & 4 Vict. c. 86, Burder v. Langley, 5 Jurist, 985; brawling, Saunders v. Head, 6 Jur. 86; one person, except in the case of churchwardens, should promote office of judge, Cory v. 306.-Rules of evidence in ecclesiastical courts not to be imported into courts 333. Costs.-See also Hawes v. Pellatt, 2 Curt. 479; Baker v. Thorough- good, ibid. 345; Edmunds v. Unwin, ibid. 641; Chesterton v. Farlar, ibid. 77; Armstrong v. Huddlestone, 1 Moore P. C. R. 478. Security for, Woods v. Woods, 2 Curt. 516. Privileges and Restraints of the Clergy. 360, n. (1).—See since the printing of this note, the cases of Saunders v. Head, 6 Jurist, 86, and Burder v. Langley, 5 Jurist, 985. 366.—5 Vict. c. 14, s. 1, as to spiritual persons in banking copartnerships. 380.-As to costs, Edmunds v. Unwin, 2 Curt. 641. Residence-Houses of Archbishops and Bishops. 603.-A Woman may also be overseer, Rex v. Stubbs, 2 Durn. & East, 406. 671.-19 Geo. 2, c. 2, s. 13, repealed by 4 Geo, 4, c. 31, s. 1. THE ECCLESIASTICAL LAW. Ne Admittas. NE ADMITTAS (so called from those words in the writ, prohibemus ne admittas) is a writ directed to the bishop at the suit of one who is patron of any church, and he doubts that the bishop will collate a clerk of his own, or admit a clerk presented by another to the same benefice; then he that doubts it shall have this writ, to prohibit the bishop that he shall not collate or admit any to that church, pending the suit (a). New Style-See Kalendar. Nocturn. NOCTURN was a service so called, from the ancient Christians rising in the night to perform the same (b). |