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Usual mode of declaring 58 As they are granted ex debito

138
Presumption by Jury .

justiciæ
id.

Either absolutely or quousque id.
Thirty years' possession id.

Grounds for Prohibition considered
Pew locked

id.
under three heads

id.
Pew built by the Parish

59 WANT OF

ORIGINAL JURIS-
Pew enlarged
id. DICTION

id.
Aisle repaired by the Parish id. As in a Suit for Lands or Tene-

ments

. 139
Entry in Vestry-book

id.

Or for a Chattel, Trespass, &c. id.
Judgment of Consistory Court id.

As for taking away the Title-deeds
Specification in Title-deeds 60

of the Adowson

id.
Abandonment of a Pew . . id.

But not for removing the Church
Payment of a Pew-rate id. Bells

id.
PRESCRIPTION Act.

Granted in a Suit for Cutting

Trees in the Churchyard id.
A difficult question arises 46

Also for breaking the Church
Claim in derogation of the rights Wall

140
of the Parishioners

id.

But not for a Faculty to erect a
Contrary to the policy of our law Monument

id.
47

Nor in a Suit for defacing Arms id.
The Act appears inapplicable to
Pews

id.

Nor for punishing the neglect of

the Church or Churchyard id.
PRICE.

Unless a custom be brought into
Payment of the price of a Pew 74 issue

141
PRIORITY OF SEAT.'

Nor in a Suit for a Nuisance in the

Church-yard .
May be prescribed for

39

EXCESS OF JURISDICTION id.
Contention about it

id.

Jurisdiction created by Statute id.
PRIVATE CHAPEL.

Where incidental matter inter-
Ordinary has no power .. 17 venes

id.
PRIVY COUNCIL.

The largest class of cases where

Prohibitions have been
Appeal depending

161
granted

142
PROHIBITION.

Where a matter is only triable at

id.
Prohibitions have been granted to

Common Law
Ecclesiastical Court since the Such as Prescriptions, Customs,
reign of Henry III. . . 137

&c.

id.
May be awarded by any of the As a Prescription for a Seat id.
Superior Courts .

id.

Or claims by extra-parochial
Also by the Court of Chancery id. persons

id.
The law can only be altered by Or where a Prescriptive right of
Act of Parliament

id.
way is claimed

143

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Or a Churchway surmised to be a
common Highway

143
Or trying the right of naming
Churchwardens

id.
But not in questions between Rec-
tor and Vicar

id.
Where Prescription is admitted id.
Proceeding towards the trial of a
Prescription

id.
There must be a Plea or Allega-
tion

144
French v. Trask overruled id.
Prohibition refused where a Lease

was not properly in issue id.
Where Prescription is denied 145
Where it is pleaded .. id.
As where a person is sued for a
Seat .

id
Prohibition will be granted id.
Where a Custom is admitted id.
Where it is denied .

146
Where it is pleaded
Where a Modus is admitted id.
Where it is pleaded

id.
DEFECT OF TRIAL

150
On what principle this class of

cases is founded .
Where a collateral question arises

id.
Or where the Common Law is to
be declared

id.
As where the question is, whether

a Church Rate has been pro-
perly imposed

. 151
But not if the matter be not
essential

id.
Where matters triable at Common

Law arise incidentally . 154
As the construction of a Statute 155
Or question of legal lien on a
Will

id.

Prohibition is granted where the

Spiritual Court construes a Sta-
tute improperly

155
When the objection must be
taken

. 156
Manner of exercising Jurisdiction

no ground for Prohibition id.
PROHIBITION MAY BE GRANTED
AFTER SENTENCE

158
Where it is shown that the Court
had no Jurisdiction

id.
But Prohibition will not be

granted where the Spiritual
Court has cognizance of part of

the charge
Want of Jurisdiction must be
apparent

id.
The General Rule

id.
It is improper to go out of the

proceedings
But an objection may be collected
from them

159
And so be apparent on the face of
the proceedings

id.
Where Jurisdiction is restrained

by Statute, Prohibition does not
lie after Sentence

id.
Nor where steps have not been

taken to enforce the Sentence id.
SUIT FOR A PROHIBITION 162
On whose application

id.
Against whom

163
Party must be in danger of being
injured

id.
Defendant must have appeared in

the Ecclesiastical Court id.
There must be further proceedings
after Plea

id.
Where the Plea is bad on the
face of it

id.
Where the Plea is waived id.
Where two cannot join in Pro-
hibition

164

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id.
The Jury may assess Damages id.
Prohibition does not necessarily
put an end to the Suit . 171
But proceedings are staid id.
Finding of the Jury sets the mat-
ter at rest
id.
Of which the record of the Judg-
ment is conclusive evidence id.
When Jury disproves a Prescrip-
tion or Custom, the claim so
founded falls to the ground id.
So where defendant's Plea covers
the whole case
172
But if the verdict is in favour of
plaintiff, the Spiritual Court
proceeds

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Proceeding after Writ delivered is
a contempt

PROPERTY IN A Pew.

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On what the action of Prohibition
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Where it may be in the owner id.

The right of possession

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Resembles an Easement 43 The Bishop may redress parties
Definition of an Easement id.

aggrieved .

· 102
The right of sitting .

id.

Church built by Church Building
Commissioners

id.
Property in the wood-work of a

RECORD.
Pew.

id.
Similar to the property in a

Conclusive evidence of Judg-
Monument.

ment

171

RECTOR.
Pew held by Prescriptive Title in

the nature of an Heirloom 44 Has principal Pew in Chan-
What are Heirlooms

id.

cel
PROPRIETARY CHAPELS.

Interference of a Local Act 75
Are anomalous
85 Repair by him

126
Being speculations for letting

REFORMATION.
Pews

id. No Seats allowed before it 2
Which if unlet the Chapel may REFUSING COPY OP LIBEL OR

. id.

ARTICLES.
PURCHASE.

Prohibition quousque lies 138, 165
No ground for Possessory title

REMOVAL
68, 72

Of Parish Clerk from his
Desk

18
Q
Of an intruder

19
QUIETING POSSESSION.

REMOVING SEAT.

Curate cannot remove a Pew 116
By Spiritual Court

49
But not by Court of Chancery id.

Churchwardens cannot cut the
wood-work

id.
Watson's opinion

id.
R

Trespass brought for breaking a
Seat.

117
RANK.

held
Where trespass was

to
Parishioners may claim to be

lie

id.
seated according to rank 14

Even where the Seat was put up
REBUILDING.

without authority

id,
Where Church has been re-

Action by Churchwardens for
built

101
removing Seat

118
Under Church Building Acts id.

RENTS.
Where a Commission may be
issued

To be settled by Church Building
id.

Commissioners
To examine into claims . 102

(And see LETTING PEws.)
And transmit the names of those
who have substantiated them RENT CHARGE.

Substituted for Repair Fund 130

id.

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