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. 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 the church has ceased- GALLERIES When parish bound to erect galleries · wardens cannot, per se, erect galleries — Possessory right valid against an intruder. Church 3. PEWS GRANTED BY FACULTY, OR ACQUIRED BY PRESCRIPTION, pp. 903-908. 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―Judg ment of Mr. Justice Taunton in HARRIS V. 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 - Churchwardens to 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 — Proceedings against curate for altering a seat — Authority of churchwardens to expel persons intruding into seats —— ·Judgment of Mr. Baron Rolfe in REYNOLDS v. MONKTON-Possessory 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- Construction of stat. 51 Geo. 3. c. 151. ss. 51 & 52. (L. & P.) - 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 Piea 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. Justice Abbott in MAINWAIKING U. GILES - Trespass lies for pulling down pews with out authority Judgment of Sir John Nicholl in JARRATT v. STEELEonly 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 |