147, 154, 163, 166, 249, 310, 383, 387, 395, 485, 585, 587, 592, 604, 620, 742, 937, 982, 991, 992, 4 from the top, for " are called and considered as private chapels," read "is called and considered a private chapel." 11 from the top, for "were originally matters," read "was originally a matter." 4 from the bottom, for "upon "read" of.” 2 from the top, for "repairs," read “repair." 20 from the top, for "church," read "chancel." 5 from the bottom, for "church," read "chancel." 12 from the top, for "inferior," read "inferior court." 15 form the top," dele "is." 13 from the bottom, dele "2;" and insert "and" in its place. - 1 at the top, for "exception," read "exceptions." 6 from the bottom, for "law lapse," read "law of lapse." 21 from the bottom, for "free contract," read "pre-contract." 25 from the top, for " considered clearly to be understood," read "was so understood." 19 from the top, dele “that." 20 from the top, read Lord Stowell in " for " in Lord Stowell.” 24 from the bottom, for "temporary cases," read "temporary cures." 6 from the top, for "valiat," read “valeat." 17 from the top, read "if it" for "it if." 4 from the top, for "has," read “have.” 17 from the top, for "19," read “7.” 23 from the top, dele "." insert ";" and dele capital "T" in the word "the." 11 from the top, for "poor rate," read "church rate." 19 from the top, insert " and " before "having." A PRACTICAL ARRANGEMENT OF ECCLESIASTICAL LAW. Advocate. Who admissible. How admitted. Stamp on Admission. By a constitution of Archbishop Peckham, 9 Ed. 1, 1221, it Who adwas ordained that none should be permitted to discharge the missible to duties of an Advocate, unless he had first attended the adminis- be. tration of the Canon and Civil law, with due diligence for three years at the least. Gibs. 1033. And it is also required by the usage of the courts of civil law in England, to take the degree of doctor of civil law in one of the English universities. Ayl. Parer. 54. But though a person so qualified is admissible, the court will not grant a mandamus to compel the admission of a person having taken the requisite degrees if it be refused. R. v. Archbishop of Canterbury, 8 East, 213. The having taken deacon's orders seems a sufficient ground to refuse admission. Ib. So also, according to the rules of the courts of civil law in How adEngland, no person can be admitted as a member of the college mitted. of doctors of law, incorporated by charter in 1768, without having first taken the degree of doctor of laws in one of the English universities. By the present practice of those courts, a candidate for admission as an advocate is required to deliver into the office of the vicar-general of the province of Canterbury, a certificate of his having taken the degree of doctor of laws, signed by the registrar of the University to which he belongs. A petition praying that in consideration of such qualification the candidate may be admitted an advocate is then presented B How ad mitted. Oaths. to the archbishop, who issues his fiat for the admission of the applicant, directed to his vicar-general, who thereupon causes a commission or rescript to be prepared, addressed to the dean of the arches, empowering and requiring him to admit the candidate as an advocate of that court. The petition and fiat are then returned to the vicar-general, and the rescript, which orders the dean of the arches to admit the candidate as an advocate is then made out under the seal of the vicar-general and delivered to the registrar of the province on the day appointed for the admission, which is always one of the four regular sessions in each term of the arches court. The candidate is introduced by the two senior advocates, and presented to the dean of the arches, who directs the archbishop's rescript to be read, and the oaths to be administered, which being done, he is admitted into the number of advocates according to the tenor of the archbishop's rescript. The candidate is afterwards admitted in a similar manner in the court of admiralty. 8 East, 213. To the fiat a proviso is added, "that the person to be admitted shall not practise for one whole year from the date of his admission;" in order that by attending during that interval, he may acquire a competent knowledge of the forms of the proceedings of the courts. Every person acting as an advocate in any court of England, Wales, or Berwick upon Tweed, is to take the oaths of allegiance and abjuration, and the assurances in one of the courts of chancery, king's bench, common pleas, or exchequer, or at the quarter sessions of the place where he resides. 13 & 14 W. 3, c. 6, s. 2, 3; I Geo. 1, st. 2, c. 13, s. 2, and 9 Geo. 2, c. 26, s. 3. So also the oath of supremacy, by 1 W. & M. st. 1, c. 8, s. 3; but see 10 Geo. 4, c. 7, with respect to advocates being Roman Catholics. He is also required by a constitution of Otho, 1273; 22 Hen. 3, to take an oath before the diocesan in whose jurisdiction he was either born or lives, that he will defend his client by law and reason, and not by denying or delaying justice to the adverse party. By Canon 130, no proctor is to entertain any cause whatever, and keep and retain the same two court-days; or by Canon 131, conclude the same without the counsel and advice of an advocate; nor by Canon 131, shall any judge admit any libel or other matter without the advice of an advocate admitted to practise in the same courts, or without his subscription. And by the 96th Canon of those of 1603, 1 Jac. 1, no inhibition shall be granted out of the archbishop's court at the instance of any party, unless it be subscribed by an advocate practising in the said court; and vide Herbert v. Herbert, 2 Phill. 437. The practitioners in the ecclesiastical courts, generally of the Precedendegree of doctors of canon and civil law, have precedence of cy all barristers; serjeants-at-law, king's counsel and serjeants excepted. denied. The exception at least as to serjeants-at-law is By the 55 Geo. 3, c. 184, sched., part 1, every admission Stamp on in any ecclesiastical or admiralty court is charged with 50%. admission. stamp duty. In fee-simple, tail, for life or years, by the curtesy in dower, &c. Is descendible. Is assets. May be devised. Conveyances of. Restraints on alienation. Persons holding in spiritual rights. Turn vacant. Mortmain. Rights of presentation, how exercised. Coparceners, joint tenants, and tenants in common. Trustees and purchasers. Tenants by the curtesy, and in dower. Infants, guardians, lunatics, mortgagees, cognizees of statute, assignees of bankrupt. Aliens, papists. Patron dying after vacancy. Presentative. Executor of patron, whether lay or spiritual. Heir, patron also incumbent. Donative. Heir. Collative. The king. Prerogative presentations. Presentations are revocable. Church become litigious. Jure patronatus. |