t we will faithfully and
diligently perform the duties of the Office of Churchwardens, to the
best of our skill and understanding, and that we will present such
persons and things as to our knowledge are presentable by the
Ecclesiastical Laws of this Realm."

This declaration ought to be made at the visitation of the Bishop,
Chancellor, or Archdeacon next ensuing upon the election. Until this
declaration is made the Churchwarden is not legally qualified to act, and
could not enforce his authority as Churchwarden if objected to. In case
of the death of the Incumbent the parish would have no legal
representative to act as the custodian of the temporalities of the Church
in that particular parish. The fee payable by law at visitations is
eighteen shillings (30 and 31 Vict., cap. 135). {11}

If there is a dispute as to whether a Churchwarden is legally elected or
not, it is sometimes supposed that it is the Archdeacon's business at his
visitation to decide the question. Of course Archdeacons are at all
times ready, willing, and anxious to advise any persons who apply to them
for advice to the best of their power. But it is no part of their duty,
nor are they by law authorised to decide a disputed return. Their duty
is simply that of returning officers to declare the election as certified
to them by the Vestry. A copy of the minutes of the Vestry, in case of a
dispute, should be laid before them, and the aggrieved party can, if he
wishes to do so, apply for a mandamus commanding the Rector and
Churchwardens to convene a Vestry to make a fresh election. It is for
the court to grant or to refuse the application. I hope I may not be
understood as recommending this course. I am merely stating what the law
is. {12} But all these matters should, if possible, be settled out of
court. Law-suits are apt to leave an unpleasant taste behind. If such a
case should unhappily arise it might be advisable for the Archdeacon to
suggest to the parties that they should agree to submit to his decision
of the disputed question, and waive their right of appeal to a Court of
Common Law. If this were agreed to the case might be amicably settled at
once without resource being had to any external litigation.

If a Churchwarden duly elected ceases in the course of the year to reside
in the parish he does not _ipso facto_ vacate the office, though it is a
good reason for resignation and the appointment of another in his p