Search Legislation

Benefices Act 1898

Status:

This is the original version (as it was originally enacted).

3Appeal against refusal to institute

(1)Where a bishop, on any ground included in section two of this Act or of unfitness or disqualification of the presentee otherwise sufficient in law, except a ground of doctrine or ritual, refuses to institute or admit a presentee to a benefice, he shall signify the refusal in writing together with the grounds thereof to the person presenting to the benefice and to the presentee in the prescribed manner, and within one month after the signification either of those persons may, in the prescribed manner, require that the matter be heard by a court consisting of the archbishop of the province and of a judge of the Supreme Court, who shall be nominated by the Lord Chancellor from time to time for the purposes of this Act, and the bishop shall be made a party to the proceedings. The court constituted under this Act shall be a court of record and shall be held in public, and at any hearing the legal rules of evidence shall prevail.

(2)The judge shall decide all questions of law and find as to any fact alleged as reason of unfitness or disqualification and his decision on such questions of law and his finding as to any such fact shall be binding on the archbishop, who shall thereupon—

(i)if the judge finds that no such fact sufficient in law exists, direct institution .or admission ; or

(ii)if the judge finds that any such fact sufficient in law exists, decide if necessary whether by reason thereof the presentee is unfit for the discharge of the duties of the benefice and determine whether institution or admission ought, under the circumstances, to be refused,

and in either case the archbishop shall give judgment accordingly, and that judgment shall be final.

(3)The court shall have the same powers of administering oaths and of requiring the attendance of witnesses and the production by them of documents, and as to the payment and recovery of costs and expenses, as are exerciseable by the High Court of Justice.

(4)If, within one month after a judgment of the court in favour of a presentee, the bishop fails to institute or admit him, the official principal of the archbishop shall institute or admit him if there is no other impediment.

(5)If in any case to which this section applies the bishop signifies his refusal in manner provided by this section, no proceeding in the nature of quare impedit or duplex querela shall be taken in any other court in respect of the refusal.

(6)Where the presentation is made to an archbishop, the archbishop of the other province, whether Canterbury or York, and such judge as aforesaid, shall constitute the court.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources