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6.

Form of

Item-That the dean's individual concurrence is not essential to the validity Injunctions. of any capitular act, except the act be a judicial one; such, for instance, as the confirmation of a bishop's lease.

7.

Item-That the chapter seal shall not be affixed to any deed or instrument whatsoever, except in the actual presence of three members of the chapter.

8.

Item-That all acts to which the chapter seal shall be affixed, shall be delivered to the chapter clerk for registration, and be duly registered by him in the muniment book of the chapter.

9.

Item-That in conformity with the ancient statutes in this case made and provided, there shall be always three locks and three keys to the chest in which the chapter seal is kept, one key to be in the custody of the dean when present, and the two others respectively in the custody of two of the canons residentiary; and we ordain and enjoin that the three keys aforesaid shall never be in the custody of the dean alone or of any one residentiary canon, but that the said three keys shall always be in the custody of three several persons, and that during the absence of the dean, or of either of the said residentiary canons, their keys shall be deposited with the chapter clerk to be transferred to any other of the canons according to his seniority, not having the custody of another key.

10.

Item-The dean may, if he think fit, give his proxy to any residentiary canon of the chapter during his necessary absence from his duties in York.

11.

Item-That the senior canon in residence has only one vote in any meeting of chapter which may be duly convened and capitularly congregated during the absence of the dean.

12.

Item-That, except in cases of emergency, three days previous notice shall be given for all meetings of the chapter.

13.

Item-That all notices for the meeting of chapters shall issue through the chapter clerk, at the requisition of the dean, or, in the absence of the dean, of the canon in residence; but if the dean or the canon in residence, as the case may happen, shall refuse to cause a chapter to be summoned when applied to for that purpose, a chapter may be convened at the requisition of any two residentiary canons, such requisition having been previously lodged in the registry of the dean and chapter.

14.

Item-That quarterly meetings of the chapter shall be holden on the first Wednesday in January, April, July, and October, in every year, at which meetings only, or at meetings adjourned therefrom, all agreements and contracts respecting rents or fines, sales, purchases, alienations, exchange or commutations pertaining to the property of the dean and chapter, and of the fabric respectively, shall be discussed, considered and determined.

15.

Item-All orders for expenditure exceeding 201., and all orders for the payment of bills, shall issue from the quarterly chapters, provided for in the last injunction, or at adjournments from such quarterly meetings, or from chapters to which all the residentiary members of the chapter, and all canons, who in the sense and meaning of the statute of Henry the Eighth, may happen to be in York (etiam non residentiarii qui tunc in civitate nostrá Eboram adesse contigerit), shall have been summoned at three days' notice, which notice shall set forth the expenditure or payments proposed to be made, and the other business to be transacted at such meeting of the chapter.

16.

Item-The chapter clerk shall collect half-yearly, viz. in the commencement of June and December, all outstanding accounts, and present them for examination previous to the audit to two members of the chapter, appointed for that purpose at a previous meeting of the chapter, and such accounts shall be submitted for a final audit to the chapter at their fixed quarterly meetings next ensuing.

17.

Item-No monies shall be received by the dean, or any other members of the chapter, on account of the dean and chapter, but all such payments shall be made to the chapter clerk, who, in virtue of his office, is authorized to give legal discharges for the same.

18.

Item-No appointments of minor canons, songmen, choristers, or other persons officially in the cathedral, or in the school under the superintendence of the dean and chapter, shall be made except at chapters duly convened and capitularly congregated, at which not less than three members of the corporate body shall be present.

19.

Item-Whereas irregularities seem to have grown up in the chapter with respect to residence, which irregularities have been suffered to pass without either notice or objection till the fit and proper time for the investigation of them has gone by, we ordain and enjoin that henceforth and for the future each residentiary shall keep residence for the space of three calendar months in each year, unless he be prevented from so doing by sickness or any urgent cause.

20.

Item-That provided any residentiary be prevented from attending divine service in the cathedral for several days during the time of his residence by sickness, or by any other urgent cause, in such case it may be lawful for him to provide a proxy out of the residentiaries or canons of the said cathedral to attend divine service in his stead.

21.

Item-That in the event of any residentiary being prevented from keeping or completing his residence in the residence house, by sickness or any urgent cause, the same shall be notified to a chapter duly convened and capitularly congregated, and if the cause of absence be substantiated, and a proxy out of the residentiaries or canons be appointed to keep or complete a residence in the stead of the residentiary thus prevented, the same shall be sanctioned and approved of by the chapter and duly entered in their muniment book.

22.

Item-That in the event of any residentiary failing to complete his residence, and to provide himself with a proxy out of the residentiaries or canons of the cathedral, such residentiary shall not be entitled to the profits, perquisites, or emoluments accruing from his place and office for the year in which he has so failed to reside or to complete his residence, but such profits, perquisites and emoluments shall be paid to the treasurer of St. Peter's for the benefit of the fabric fund of the cathedral, such forfeiture however not to accrue in cases of necessity approved of by the archbishop.

23.

Item-We ordain and enjoin that the dean shall keep residence in the new deanery house, and that henceforth and for the future such new deanery house shall be deemed and taken to be the house of the dean for all purposes of residence.

24.

Item-We ordain and enjoin that the dean shall protest his residence every year in the same manner as the other residentiaries, and shall observe and complete the same during the period for which he has so protested.

Form of

Injunctions.

Form of

25.

Item-That when the dean is in residence, one of the residentiaries shall

Injunctions. always reside at the same time. 26.

Item-That all the residentiaries, except the dean, shall successively and separately keep residence in the new residentiary house, which we ordain and enjoin shall henceforth and for the future be deemed and taken to be the house of all residentiary canons respectively for all purposes of residence.

27.

Item-That in observance of ancient usage one of the vicars choral shall be appointed to fill the office of librarian of the chapter library, and that such appointment shall always be made at a chapter meeting duly convened and capitularly congregated, at which not less than three members of the corporate body shall be present.

28.

Item-That no appropriation of the funds belonging to the chapter library shall be made except at a chapter meeting duly convened and capitularly congregated, at which meeting not less than three members of the corporate body shall be present.

29.

Item-That rules and regulations for the due management and augmentation of the chapter library, and for such an extensive use of the books as may be consistent with their safe custody and careful preservation, shall be drawn up at a chapter meeting duly convened and capitularly congregated, at which not less than three members of the corporate body shall be present, and that such rules and regulations shall be inscribed in the muniment book of the chapter.

30.

Lastly-We enjoin and order that you register or cause to be registered truly and faithfully these our injunctions in your registry.

IN WITNESS of all and singular the premises, we have hereunto set our hand and archiepiscopal seal the day and year above written.

E. EBOR.

These Injunctions, as well as the Articles, vol. ii. p. 92, were for the most part carefully modelled upon precedents of former visitations of the cathedral of York by the archbishops of that province, and of St. Paul's by the bishops of London.

INDEX.

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ADMINISTRATION. See Wills.

Of Administration of Intestate's Effects, iv. 353
power of the ordinary herein, id.

his duty enforced by mandamus, iv. 357
what he may return thereto, id.

to be granted to widow or next of kin, iv. 358
to father or mother of children's effects,
iv. 360

to grandmother before uncles and aunts, id.
to the son before the father, id.

to the half blood when, id.
in general to the next of kin, id.
to residuary legatee, when, id.
court prefers a sole administration, iv. 361
what excuses will exclude the widow, id.
grant to widow where will lost, iv. 362
to husband of wife's effects, id.
conviction of bigamy when no bar, iv. 364
to husband's representative, when, id.
his right when barred, id.

where wife executrix to another, iv. 365
VOL. IV.

ADMINISTRATION-(continued.)

feme covert administratrix, iv. 365

consent of husband thereto, when requisite, id.
to creditor, iv. 366, 399, 403

practice before grant to, iv. 366
creditors' right to, iv. 367

guardian of a minor residuary legatee pre-
ferred to creditor, iv. 368

who deemed creditors, iv. 369
rights of creditor after grant, id.
administration cum testamento annexo, id.

to residuary legatee, iv. 370

to representative thereof, id.

where executor out of jurisdiction, iv. 371
form of grant of, id.

grant de bonis non administratis, id.

where executor does not leave transmissible
interest, iv. 372

effect of death of one of several administra-
tors, id.

distinction between executor of an executor

and executor of an administrator, id.
where administrator dies, &c., id.

where creditor dies having administered
apart, iv. 373

form of letters de bonis non, iv. 374, 399
temporary administration, iv. 375
absence from kingdom, id.

for carrying on suits, iv. 376, 380
where executor abroad, iv. 376

form of temporary administration, iv. 377
what a revocation of, iv. 379

what court requires before grant of, id.
limitation of, to a particular place, iv. 380
administration pendente lite, iv. 381, 399
general rule as to, iv. 381
when granted on motion, id.

nominees, who preferred amongst, iv. 382
requisite security before grant of, id.
nature of office of administrator, id.
duties of, on termination of suit, id.
administration durante minoritate, iv. 384, 399
to whom granted, iv. 385

where infant sole executor, iv. 386
administration durante corporis aut animi vitio,
id.

bankruptcy, iv. 387

miscellaneous points, iv. 387 to 391
where administrator dies, iv. 387
refusal of administration, iv. 388
where none will administer, id.
to party without direct interest, id.
where no kindred, iv. 389

3 D

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letters of, evidence, iv. 391

bond to take possession of effects of persons
dying abroad, id.

temerary administration, id.
proceedings herein, id.
administrator's oath, iv. 393

bond on granting administration, id.
form of bond, id.

ecclesiastical court will not pronounce bond
forfeited, iv. 400

justifying securities on, id.
revocation of administration, id.

when legatee not allowed to call in, iv. 402
when next of kin may, id.

limited administration called in, id.
renunciation of, when revocable, id.
revocation from creditor, iv. 403
when or not revocable, id.

conduct of executor's attorney when no bar
to, id.

interest how and when to be propounded, id.
duty of administrators in getting in effects of
deceased, &c., iv. 404 to 444

fees on taking out letters of administration,
&c.. ii. 270 to 273 u

ADMIRALTY, COURT OF, Preface of Au-
thor, xviii.

ADMISSION. See Benefice.

ADULTERY. See Divorce; Marriage; Lewd-

ness.

punishment of, ii. 402, &c.

when a cause of divorce, ii. 503 I

ADVANCEMENT,

what deemed such to debar child from taking
under statute of distributious, iv. 532

the like of wife or child under the custom of
London, iv. 573, &c.

of the custom of the province of York, iv. 580

ADVOCATE,

who may be, i. 2

recusant convict not, i. 3
admission of, id.
stamp duty thereon, id.

oath on admission, id.

office of, in general, i. 4

in case of inhibitions, id.
suborning witnesses, id.
requisites before admission, i. 5

articles against a clergyman under 3 & 4
Vict. c. 86, must be signed by, iii. 300

ADVOWSONS,

general observations respecting, i. 5 a

ADVOWSONS-(continued.)

patronage of, given by Church Building acts,

i. 5 c

foundation of the right, id.

is an incorporeal hereditament, i. 6
of two kinds, id.
appendant and in gross, i. 6
advowson appendant, id.

right of nomination to, id.

is hereditary, and passes with the manor, id.
several to one manor, i. 7
how passed, id.
advowson in gross, id.

may belong to one possessing no corporeal
estate, i. 8

distinction between and appendant, i. 8, 9
more beneficial than appendant, i. 9 a
of a moiety of a church, id.

in trust only, id.

privilege of the crown with respect to, i. 11
how grantable, i. 11 a

by tenant in fee simple, id.

cestui que trust may be equitable owner of, id.
cannot pass by livery, id.

may be granted by will or deed, id.
by ecclesiastical persons, i. 12
whilst the church is void, id.

by clergymen in particular, id.
how a corporation must present, i. 13
power to alienate granted to municipal cor-
porations, id.

right of nomination in, may be sold, i. 13 a
though property liable to same obligations,
i. 13 b

municipal corporations may augment as
heretofore, id.

loss of, by canon law, id.

how inherited from ancestor, i. 13 c
may be devised by will, i. 14
by what words will pass, id.
included by words "real estate," id.
advowson in trustees, id.

all must agree to present, id.

in coparceners, joint tenants and tenants in
common, i. 14 a

after six months lapse ordinary may pre-
sent, id.

who are coparceners, &c., i. 16

in papists. See Benefices; Colleges; Popery.
in mortgagor, i. 18

in tenant by courtesy, id.

in tenant in dower, i. 21

in bankrupts, i. 22

in statute merchant, id.

assets for payment of debts, id.

trial of right of, in spiritual court, id.

by jus patronus, id.

effect of caveat, id. 23

jus patronus by whom sued out, i. 24
proceedings by, i. 24 to 29

trial in temporal courts, i. 29
by writ of right, i. 30

writ of darrein presentment, id.

ne admittas and quare incumbravit, id.
but quare impedit now the only remedy, i. 31

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