as by a _mandamus_, he will have the same powers and rights as any
other Churchwarden. For the election of a disqualified person as
Churchwarden is not absolutely ineffective, but the person so
elected, when once admitted, can do all lawful acts belonging to the
office until he has been displaced.
The 90th canon of 1603 (which is the date of the setting forth of the
existing code of canons) directs that "the choice of . . . Churchwardens,
or Questmen, Sidesmen, or Assistants, shall be yearly made in Easter
week." An election at any other time is valid in law. {6}
It is supposed that the Churchwardens were called Questmen or Searchers
from the fact that they were empowered and instructed to search for cases
of heresy, or open sin, in their several parishes, and report them to
their Ecclesiastical Superiors.
Two derivations are given of the title of Sidesmen. Some suppose that
they are so called because they are elected as assistants to the
Churchwardens to stand by their side; other suppose the word to be an
abbreviation of Synodsmen, because in ancient times the Bishops summoned
certain persons of credit from the various parishes in order to testify
as to the morals of the clergy and people. These witnesses were called
Testes Synodales, and hence some suppose the title of Sidesmen, or
Synodsmen, to have taken its origin. Of late years in populous towns
Sidesmen have often been elected, and are found to be of great help in
assisting the Churchwardens in the execution of their duties.
The Vestry at which the Churchwardens and Sidesmen (if any) are to be
elected must be duly summoned. The notice summoning the Vestry must be
signed either by the Incumbent, the Curate, one Churchwarden, or one
Overseer of the poor. {7}
It is obviously advisable that the signatures of the Incumbent and of
both Churchwardens should be attached to the notice of the Easter Vestry.
This notice specifying the particular business to be transacted must be
affixed on a Sunday, three clear days before the holding of the meetings,
at or near the principal door of all the Churches and Chapels in the
parish. {8a} The Incumbent of the parish is by law the ex-officio
Chairman of the Vestry. {8b} In his absence the ratepayers present must
elect a Chairman for the occasion. The Curate does not necessarily take
his place as Chairman, unless elected to do so by the Vestry. The usual
custom in parishes is for the Incumbent to
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