Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
advowson
eccles. law. the right of presenting or nominating a person to a vacant benefice in the church. ( the person enjoying this right is called the "patron" (patro-nus) of the church, and was formerly termed "advocatus," the advocate or defender, or in english, the "advowee. the patron presents the nominee to the bishop (or, occasionally, another church dignitary). if there is no patron, or if the patron neglects to exercise the right within six months, the right lapses and a title is given to the ordinary (a diocesan officer) to appoint a cleric to the church. cf presentation; institution. advowson is the right of presentation to a church, or ecclesiastical benefice .... for, when lords of manors first built churches on their own demesnes, and appointed the tithes of those manors to be paid to the officiating ministers, which before were given to the clergy in common ... the lords, who thus built a church, and endowed it with glebe or land, had of common right a power annexed of nominating such minister as he pleased ... to officiate in that church of which he was the founder, endower, maintainer, or, in one word, the patron.
advowson appendant
an advowson annexed to a manor, and passing as incident to it, whenever the manor is conveyed to another. ( the advowson passes with the manor even if it is not mentioned in the grant.
advowson collative
an advowson for which there is no separate presentation to the bishop because the bishop happens to be the patron as well. 9 in this case, the one act by which the benefice is conferred is called "collation."
advowson donative
an advowson in which the patron has the right to put a cleric in possession by a mere gift, or deed of donation, without any presentation to the bishop. 0 this type of advowson was converted into the advowson presentative by the benefices act of 1898. -also termed donative advowson. "an advowson donative is when the king, or any subject by his licence, doth found a church or chapel, and ordains that it shall be merely in the gift or disposal of the patron; subject to his visitation only, and not to that of the ordinary; and vested absolutely in the clerk by the patron's deed of donation, without presentation, institution, or induction. this is said to have been anciently the only way of conferring ecclesiastical benefices in england; the method of institution by the bishop not being established more early than the time of archbishop becket in the reign of henry ii." 2 william blackstone, commentaries on the lams of england 23 (1766).
advowson in gross
an advowson that is separated from the manor and annexed to a person. 0 all advowsons that have been separated from their original manors are advowsons in gross.
advowson presentative
the usual kind of advowson, in which the patron has the right to make the presentation to the bishop and to demand that the nominee be instituted, if the bishop finds the nominee canonically qualified.
donative advowson.
See ADVOWSON.
usurpation of advowson
Hist. An injury consisting in the absolute ouster or dispossession of the patron from the advowson. a This happens when a stranger, without the right to do so, presents a clerk who is installed in office. See ADVOwsON.