therefore ordered to be pulled down again; in such case the materials belong to the Minister, as they have been fixed to his freehold. The Churchwardens cannot claim them for the Parish, because they did not put them up there; and the private person who built the Seat, having had no right to put them there, he can have no right, after having fixed them to the freehold, again to take them away. (n)

Therefore, neither he nor the Churchwardens can go to the have anything to plead in bar of that right, which Minister. the Minister has acquired to them, by having had them fixed to his freehold. For if a man wrongfully plant a tree in another man's soil, by putting it there he makes it part of the freehold, and, therefore, whenever it is again removed it belongs to him who owns the land. (n)

Now, there is no mention, in any of the books, as to the property in the materials, where a person holds a Pew by a Prescriptive title. We have seen that the Churchwardens cannot claim the materials where they have not put them up, and the Clergyman has them only when the Pew has been built by a person having no right to put them there. Therefore the property in the materials of a Pew built by a person having a Prescriptive title, is neither in the Clergyman nor Churchwardens.

Materials of
Prescription.

Pews held by

Now, if we could suppose that some persons may Whose prohave a right to put up Booths during a Fair, in perty when places chosen by the proper authorities, and that pulled down. other persons may be entitled to put up Booths in

(n) Prid. 116; and see Degges, P. C. part 1, chap. xii.

Would seem to

go to the

Pew-owner.

Carpet and cushion not oblations.

Repairs in
Proprietary
Chapels.

Repairs in
District

Churches and
Chapels.

Liability for
twenty years
to the original
Parish Church.

places certain, during such Fair, it would be just as absurd to say that the former persons would have a right to the materials of their Booths, when taken down, and that the latter would not, as to maintain that although the materials taken out of a Parish Pew belong to the Parishioners, yet that a Pew owner by Prescription has no property in the materials of his Pew when taken down.

Consequently, it would seem that assuming, as it has been decided, that a person can have a Prescriptive right to a Pew against the Ordinary, the materials, when taken down, would certainly seem to belong to the owner of the Pew.

If a person is used to sit in a Chancel, the Parson cannot claim his Carpet, Livery, and Cushion as oblations. (n)

The Repairs of Proprietary Chapels are not a Parochial matter, but are to be done out of the funds of the Chapel itself. (0)

The Repairs of all District Churches or Chapels, under the Church Building Acts (and this of course includes the Repair of the Pews and Seats, when not otherwise provided for), are to be made by the Districts to which they respectively belong, in like manner as in case of Repairs of Churches by Parishes; and every such District is to be deemed in law a separate and distinct Parish for that purpose. (p)

Every such District is to remain for twenty years after consecration, subject to the Repair and the in

(n) 14 Vin. Abr. 291.

(0) 2 Inst. 489.

(p) 58 Geo. III. c. 45, s. 70.

cidental expenses (q) of the original Parish Church, and to be deemed during that time, and no longer, a part of the Parish for the purpose of such Repairs and the levying of Rates for that purpose. (r)

a new Sub

In any case where any Division of a Parish, Liability of divided under the provisions of 58 Geo. III. c. 45, division. 59 Geo. III. c. 134, or 3 Geo. IV. c. 72, shall be again divided, and a Church or Chapel built or appropriated within, and to the use of, such new Division, the Church Building Commissioners, by any instrument under their seal, may declare that all liability to any Repairs of the Church or Chapel of the Division, from which such new Division shall have been so made, shall cease from the period specified in such instrument. And the only remaining liability be for its own Repairs, and the residue of the twenty years during which the old Division was liable to repair the Church of the original Parish. (s)

All Chapels acquired and appropriated, or built, Repair of or enlarged, or improved, under the provisions of Chapels in aid. 58 Geo. III. c. 45, 59 Geo. III. c. 134, or 3 Geo. IV. c. 72, or under any Local Acts in which no provision has been made for such purpose, in aid of the Churches of the Parishes or places in which they may be situated (whether any District of any such Parishes may have been assigned or not to such Chapels as belong thereto for ecclesiastical purposes), are to be repaired by the respective

(4) Chesterton v. Farlar, 1 Curt. 356.

(r) 58 Geo. III. c. 45, s. 71.
(8) 3 Geo. IV. c. 72, s. 21.

K

How the Rates

are to be raised.

Where a Fund

is to be provided for Repairs.

Parishes, Places at large, or Districts to which such
Chapels may belong. (t)

The Rates are to be raised, levied, and collected for that purpose, in like manner in every respect as for the Repair. of the Churches of such Parishes and Places, and all the laws in force for making, levying, and collecting Rates for the Repair of Churches are to be applied and put in force for the raising, making, levying, and collecting such Rates for the Repairs of such Chapels. (†)

When a Church or Chapel is about to be built and endowed by private individuals, under the provisions of 1 & 2 Will. IV. c. 38, and 1 & 2 Vict. c. 107, they must, as a preliminary step, declare their intention of providing a Fund for its Repair, namely, one Sum, equal in amount to 5 per cent. of the original cost of such Church or Chapel, to be secured on lands or money in the Funds, and also 5 per cent. upon the Sum so raised, to be reserved annually out of the Pew Rents. (u)

Substitution of A perpetual Rent-charge, equal in value to the a Rent-charge. Repair Fund so directed to be secured, may be made upon lands or other hereditaments. And the Incumbent of such Church or Chapel, immediately after it has been consecrated and a District assigned to it, may take to himself and his successors a transfer of such Rent-charge, upon the same trusts and for the same purposes as the Repair Fund may be held by trustees. (x)

(t) 3 Geo. IV. c. 72, s. 20.
(u) 1 & 2 Will. IV. c. 38, s. 2.

(x) 3 & 4 Vict. c. CO, s. 15.