NONCONFORMITY, LAW RELATING TO. See ENGLISH HISTORY ; BAPTISTS ; CONGREGATIONALISM; METHOD ISM ; FRIENDS, SOCIETY OF, etc. ; also OATH. It is proposed here to note the matters in which the law as to nonconformists still differs from that applicable to members of the Church of England.
(I) Judicial Notice. Where the tenets and authorities of a nonconformist body come in question they must be proved by evi dence. By Lord Lyndhurst's act, the Nonconformist Chapels Act, 1844, where no particular religious doctrine or mode of worship has been prescribed by the deed or instrument of trust the usage of the congregation for 25 years is to be taken as conclusive evi dence of the doctrine and worship which may be properly ob served in such meeting-houses. ( 2 ) Tribunal. Matters arising in nonconformist bodies can only be tried by the ordinary secular courts, and generally depend upon the question whether a minister has done any act which is not in accordance with the rules govern ing the particular body of which he is a minister. A nonconformist body is in law nothing more than a voluntary association, whose members may enforce discipline by any tribunal assented to by them, but must be subject in the last degree to the courts of the realm. (3) Status of Ministers. A nonconformist minister is not in holy orders, and his chapel is not a consecrated building. His status is, however, recognized to a limited extent. By the Tolera tion Act, I Will. and Mar., c. 18, a minister, preacher or teacher of a nonconformist congregation is exempt from certain parochial offices, as that of churchwarden. He is also exempt from serving in the reserve forces or on a jury. These privileges only attach where the place of worship of which he is a minister has been duly registered (the Places of Worship Registration Act, 1855), unless in the case of bodies subject to special legislation as Quakers. By the Municipal Corporations Act, 1882, s. 12, a non conformist minister (as is a clerk in holy orders) is disqualified from being elected an alderman or councillor of a town council, but under the Local Government Act, 1888, a clerk in holy orders, or other minister of religion, may be a councillor or alderman of a county council, and, under the London Government Act, 1899, of a metropolitan borough. (4) Marriage. The first act of parlia
ment relieving dissenters (other than Jews and Quakers) from re strictions was the Marriage Act of 1836. By that act the cere mony of marriage might be performed in a nonconformist place of worship, but it must be after due notice to the superintendent registrar and in his presence or in that of a registrar, and the building must be one that is duly certified for marriages. The Mar riage Act, 1898, dispensed with the necessity of the attendance of a registrar at marriages celebrated at a nonconformist place of worship, substituting in place thereof a person duly authorized by the trustees of the place of worship, if the persons intending to be married so desire; but the parties may, if they wish, still require the presence of the registrar. Marriage by banns, licence or special licence cannot take place except in a church. (See MAR RIAGE.) (5) Burial. By the Burial Laws Amendment Act, 188o, burial may take place in a churchyard without the rites of the Church of England. But in such a case notice must be given in a specified form, which is unnecessary where the burial service is conducted by a clergyman of the Church of England. (See BURIAL.) (6) Parish Offices. By I Will. and Mar., c. 18, s. 5, a dissenter chosen churchwarden and scrupling to take the oaths may execute his office by deputy. His acceptance of office is made optional by the act ; there is nothing to prevent his dis charging it if he see fit to do so. This seems to be still the law, although a declaration was substituted for the oath by the Statu tory Declarations Act, 1835, S. 9. (See DISSENTER; JEWS; Ro MAN CATHOLICS.)