MR. GREEN ' S IMPRISONMENT.
[To THE EDITOR OF THE " SPECTATOR-1 I answer, though tardily, "H. G.'s " letter, in your issue of the 16th? The pleas he has been kind enough to offer for the Church Association will not avail that body. As to (1), there was no appeal from the monition, and the time for appealing has long past. The three years' period has, supon any construction of the Act, run out. AS to (2), if the promoters of the suit "desire a judicial declaration of the avoidance" of the living, they desire that which they cannot get. The Act is silent about it. The Rules and Forms, which are very exhaustive, are silent also. The Act, however, refers to the 1 and 2 Viet., c. 106, as a guide, and under 'that Act it is well known in practice that there is no judicial declaration of an avoidance. In fact, the quotation from Dr. Burn made by Mr. Heywood in your last issue gives correctly the principle upon which the Statutes have been framed. To keep
of
Green in prison till there has been "a judicial —I am, Sir, &,, WALTER avoidance," is to keep him in prison for ever, 4 Paper Buildings, WALTER G. F. PLTILLIDIORE.
Temple, September 27th.
Previous page
