The English Reports Volume 128

The English Reports Volume 128

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...and enables the successor to avoid that lease; but it makes no similar provision for avoiding the lease of a prebendal house. It therefore becomes an important question, whether the predecessor had power to demise this house; for if he had, since the successor hath no means given him of vacating the demise, it is strong evidence that the statute did not intend that he is bound to residence. As to the argument that the statute does not restrict the residence to prebends having cure of souls, so neither does it annex cure of souls as a qualification of any of the dignities and offices mentioned in the act. As to the argument that residence is required because the prebendaries are of the council of the bishop, they have their especial and several duties of their own annexed to their office. 3. As to Methly. The words of the statute 43 G. 3, which describe the offence, are in this respect precisely similar to those of the 21 H. 8, c. 13, the only difference being in the number of months. The Plaintiff contends, that if the declaration alleges a continued absence, it is not necessary to allege it to be in any one year: if it states an offence composed of several absences, he admits they must all be within some one year: but there is no ground for this distinction. In the one case and the other the offence must consist of absence within some one year. Gibbs J. 592 HARDY '0. CATHCART l5'1'AUN'1'.18. Ihave looked at several precedents, that in Lilly, 151 (a), and others, and find that they comprehend charges of continued non-residence in 18 parts of two years; therefore those authorities will not aid the argument. I believe in point of practice it has always been considered, that a continued non-residence needs not to be confined more

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  • Paperback | 910 pages
  • 189 x 246 x 46mm | 1,592g
  • United States
  • English
  • black & white illustrations
  • 1236829514
  • 9781236829511