Catalogue description Court of Appeal under the Benefices Act 1898: Files

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Details of J 142
Reference: J 142
Title: Court of Appeal under the Benefices Act 1898: Files

With the exception of a file concerning fees, 1899 to 1922, these are case files from 1901 relating to the Court of Appeal under the Benefices Act 1898, including those in respect of cases which were subsequently withdrawn.

Date: 1899-1952
Held by: The National Archives, Kew
Legal status: Public Record(s)
Language: English
Physical description: 12 file(s)
Access conditions: Subject to 30 year closure
Administrative / biographical background:

Under section 2 of the Benefices Act 1898 a bishop had the power to refuse to institute or admit a presentee to a benefice on certain grounds: that there were irregularities in the transfer of the right of patronage of the benefice; that at the date of presentation not more than three years had elapsed since the presentee was ordained deacon; or, that the presentee was unfit for the discharge of his duties.

Where a bishop had taken this action, under section 3 of the 1898 act the presentee or the person presenting to the benefice could appeal to a court consisting of the archbishop of the province in which the benefice lay and a judge of the Supreme Court nominated by the Lord Chancellor.

Under section 9 of the act a bishop also had the power to appoint a curate and thus inhibit the incumbent from performing his ecclesiastical duties. The incumbent could appeal against the bishop's action to the court constituted under the act.

Subsequent amending legislation, in particular the Benefices (Ecclesiastical Duties) Measure 1926, retained the substance of the 1898 Act.

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