Faculty Jurisdiction Measure, 1938
| Jurisdiction | UK Non-devolved |
Faculty Jurisdiction Measure, 1938
(1 & 2 Geo. 6.)
A MEASURE passed by the National Assemblyof the Church of England.
To amend the law relating to the issue of faculties out of ecclesiastical courts; to make better provision for giving effect to faculties so issued; to authorise the sale of books in certain parochial libraries under a faculty; to authorise archdeacons to issue certificates in certain eases; and for other purposes connected therewith.
[13th July 1938]
1 Archdeacon and non-resident electors to be deemed to have an interest in faculty proceeding.
(1) For the purposes of any proceeding for obtaining a faculty in the ecclesiastical court of any province or diocese, the archdeacon of the archdeaconry in which the parish concerned is situate shall be deemed to have an interest as such, and any person whose name is entered on the electoral roll of the parish concerned as a non-resident elector shall be deemed to have an interest as though he were a parishioner of that parish.
(2) If the archdeaconry be vacant or the archdeacon be incapacitated by absence abroad or illness from exercising or fulfilling the rights or duties conferred or imposed upon him by this Measure, such other person as the bishop shall appoint in that behalf in writing shall have power to act in the place of the archdeacon for the purposes of this Measure in any particular case.
2 Functions of archdeacons in faculty cases.
In any such proceeding, whether the archdeacon is a party thereto or not, the court may—
3 Payment of costs by party responsible for breach of law.
(1) If in any proceeding for a faculty, whether opposed or not, it appears to the court that any person being a party to the proceeding was responsible wholly or in part for the introduction into or removal from a church of any articles without the necessary faculty, or for the execution of any work in a church without the necessary faculty, the court may order the whole or any part of the costs and expenses of the proceeding or consequent thereon (so far as such costs and expenses have been occasioned by such introduction, removal or unlawful execution as the case may be) to be paid by such person.
(2) In any such proceeding the court may upon the application of any party to the proceeding and by way of special citation add as a further party to the proceeding any person alleged to be so responsible or partly responsible and not already a party and notwithstanding that such person resides out of the diocese.
4 Sale of books in parochial libraries under a faculty.
(1) Notwithstanding anything to the contrary contained in section ten of the Parochial Libraries Act, 1708 , any book in a parochial library appropriated to the use of the...
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