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PRACTICAL TREATISE

OF THE

LAWS RELATING TO THE CLERGY.

A

PRACTICAL TREATISE

OF THE

LAWS RELATING TO THE CLERGY.

BY ARCHIBALD JOHN STEPHENS,

BARRISTER AT LAW.

IN TWO VOLUMES.

VOL. II.

W. BENNING AND CO., LAW BOOKSELLERS,

43. FLEET STREET.

LONDON:

SPOTTISWOODE and SHAW,

New-street-Square.

PEWS.

1. GENERALLY, p. 902.

Absence of pews in ancient ecclesiastical edifices.

2. GENERAL RIGHT TO PEWs, pp. 902, 903.

Judgment of Sir John Nicholl in FULLER V. LANE - The pews in a parish church are the common property of the parish Upon a person quitting the parish, his right to a seat in When parish bound to erect galleries — ChurchPossessory right valid against an intruder.

the church has ceased- GALLERIES
wardens cannot, per se, erect galleries ·

3. PEWS

GRANTED BY FACULTY, OR

pp. 903-908.

ACQUIRED BY PRESCRIPTION,

What should be matter of preliminary consideration to the granting a faculty - Faculties appropriating pews not issued except under special circumstances —. If faculty be obtained by surprise it will be revoked — Appropriation of pews, how granted-Judgment of Sir John Nicholl in FULLER V. LANE- The right to sit in a pew may be apportioned—Judgment of Mr. Justice Taunton in HARRIS T. DREWE-Ordinary cannot grant a seat to one and his heirs-Title of exclusive right to pews how acquired— By the common law there can be no property in pews- Prescriptive rights to seats-Judgment of Sir John Nicholl in WALTER v. GUNNER Consideration for prescription — Pews in the aisle and in the body of the church appurtenant to houses out of the parish― Judgment of Chief Baron Macdonald in LOUSLEY v. HAYWARD.

4. RENTING OR PURCHASING PEWs, pp. 908-911.

Every parishioner has a right to a seat in the church without payment — Faculties giving permission to parties who erect pews to sell them is illegal Non-parishioners have no right to pews, except by prescription Judgment of Mr. Justice Bayley in BYERLEY v. WINDUS.

5. DISTRIBUTION OF PEWS, pp. 911-914.

The ordinary has the authority to select the occupiers of pews

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Churchwardens to

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place the parishioners according to their rank- Rector entitled to the chief seat in the
chancel Incumbent no authority in the seating and arranging the parishioners
ceedings against curate for altering a seat Authority of churchwardens to expel persons
intruding into seats —— - Judgment of Mr. Baron Rolfe in REYNOLDS v. MONKTON-Pos-
sessory titles can be destroyed by the ordinary - Customs as to ordering pews by church
wardens, or churchwardens and parishioners — Churchwardens must show a reason if
they order seats exclusive of the ordinary
88. 51 & 52. (L. § P.)

Construction of stat. 51 Geo. 3. c. 151.

6. ERECTION AND REPARATION OF PEWS, pp. 914, 915.

By whom erected and repaired · The onus and beneficium go together. Judgment of Lord Ellenborough in PRICE v. LITTLEWOOD Pieu of reparation - Where reparation need not be particularly pleaded - One in possession need not show any title or consideration for such possession against a wrong doer · Judgment of Chief Justice Lee in KENRICK V. TAYLOR.

7. PROCEEDINGS AGAINST DISTURBERS OF PEws, pp. 915-918.

Suits where triable When action cannot be maintained.

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is not analogous to the right which a person has to his house. Judgment of Chief
Justice Abbott in MAINWAIKING v. GILES- Trespass lies for pulling down pews with-
out authority Judgment of Sir John Nicholl in JARRATT v. STEELE
only be pulled down with consent of minister and churchwardens, or licence from
the ordinary Chapelwarden no right to remove pews - Perpetual curate can maintain
trespass for destroying pews — If seats be pulled down, the property in the materials
belongs either to the parson or parishioners · Possession of thirty-six years ycod
presumptive evidence of a faculty —Judgment of Lord Mansfield in ROGERS V. BROOKS-

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