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LAWS RELATING TO THE CLERGY.
BY ARCHIBALD JOHN STEPHENS,
BARRISTER AT LAW.
IN TWO VOLUMES.
W. BENNING AND CO., LAW BOOKSELLERS,
43. FLEET STREET.
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
GRANTED BY FACULTY, OR
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
place the parishioners according to their rank- Rector entitled to the chief seat in the
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.
is not analogous to the right which a person has to his house. Judgment of Chief