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But if the Verdict is in favour of

Court

So where the defendant, covers the whole of the plaintiff's defendant's Plea covers case, and it be found for the defendant, then the the whole case. plaintiff's Suit is at an end. (*)

But if the Prescription or Custom be found for the

plaintiff when his Suit is founded on it, or against plaintiff, the

the defendant when it is the ground of his defence, Spiritual

or if found for him it does not extend to the whole proceeds.

case of his adversary, upon a return of the Verdict to the Spiritual Court, it proceeds with the Trial of

the case. (*) Proceeding If a party proceed after the Writ has been after Writ delivered is a

delivered, it is a contempt, but still it is a matter contempt. examinable, whether the Court have Jurisdiction

or not. (k) Attachment For the disobeying a Prohibition is a contempt will be granted of the Superior Court that awards it, and is punisha Prohibition. able by Attachment, which issues against the Judge

and party for proceeding after such Prohibition, and for which they are subject to fine and imprisonment according to the discretion of the Superior

Court. (1) Unless Pro. And even if a Prohibition issue improvidently, hibition be superseded.

but is not superseded, a proceeding in breach of it is a contempt. (m)

An Attachment for a contempt may be awarded be awarded

not only against a Commoner, but even against a against a Peer of the Realm. Peer of the Realm. (n)

An Attachment was granted upon affidavit, that

And it may

(i) Roger's Eccl. Law, 302.

(k) Com. Dig.“ Prohibition" (C); Fort. 345.

(1) F. N. B. 40; Bro. Abr. pt. 5, 9, 11.

(m) Iveson v. Harris, 7 Ves. 251.

(n) 21 Edw. III. pt. 7, 2; Bac. Abr. “ Prohibition(M).

a

new Suit for

the party had proceeded after a Prohibition delivered Attachment to him, in a Suit for a Seat in a Church which the granted after

a Prohibition plaintiff claimed by Prescription ; and on his ap- in a Suit for a

Seat claimed pearance and examination upon interrogatories, he by Preconfessed the matter and was fined five marks. (n)

scription. And not only an Attachment lies for proceeding Also for in the same cause pending a Prohibition, but also instituting a for instituting a new Suit for the same thing. Thus, the same thing. if a Parson libels for Tithes, and a Prohibition is brought, and he libels for Tithes of another year, the first Suit not being determined, an Attachment shall be awarded. (0)

But a proceeding upon a Bail-bond in the Mar- What has been shalsea Court, assigned, according to the practice of contempt. that Court, to one of its officers, was held not to be a proceeding against a Prohibition restraining an original action, so as to incur a contempt. (p)

held not a

(n) Dr. Wainwright's Case, cited Bac. Abr. " Prohibition" (M).

(0) Bac. Abr. Prohibition' (M).

(p) Iveson v. Harris, 7 Ves. 251.

INDEX.

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ABANDONMENT.
Page | AGREEMENT.

Page
Of a prescriptive title . . . 60 On repewing a Church . . 103
From twenty years' non-user id.

AJEL
Of a possessory right .

64

Appropriation to a house . 26
From one year's non-user

Faculty to build an Aisle 31
Parishioners leaving Parish id.

A small Aisle

50
ACCOMMODATION FOR THE LAITY.

Prescription for an Aisle . 40
No Seats allowed before the Re.

Appurtenant to a house out of
formation.

2
the Parish .

41
The first Seats were moveable 3

Interference with Pew in Aisle 50
Property of the Incumbent id.

Disturbance of an Aisle 52
Pews provided in later times id.

Aisle repaired by Parish 59
Fixed Seats part of the Fabric id.

ALDERMAN.
ACCOMMODATION FOR THE POOR.

Or Earl

135
Free Seats ...

6
Sat in County Court

id.
ACCOUNTS.

ALLOTMENT.
Settling those of the Churchwar-
dens

.. 162

Allotting vacant Pews
ACTION.

Provision against prescriptive
rights

14
Against Ordinary

51

ALTERATIONS.
Against a wrongdoer

57
Important ones.

103
ADDITIONS.

Repewing a Church
Increase of accommodation . 87

Whose concurrence should be ob-
(And see ALTERATIONS.)

tained

. 103
AFFIDAVIT.

Constitution of the Vestry which
On application for a Prohibi. has ordered the alterations 105
tion.

165

Trifling alterations . . 107
Or for an Attachment . 173

Made by Clergyman and Church-
Refusal of copy of Libel

. 165
wardens

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Faculty not necessary.

. 107 | APPLICATION OF PEW Rents.
Symmetry of Church should be Under Church Building Acts 81
preserved

id.

APPORTIONMENT.
Where alteration disfigures Church Of a Pew .

23
108

APPROPRIATION.
Raising the necessary funds. id.

To a house

22
ANNEXATION.

To persons unconditionally 26
Time out of mind

53

To a house out of the Parish id.
No instance in modern times 23

Aisle or Chancel different id.
Cannot be to an estate

54

ARCHES COURT.
Pew cannot be let with house 65

Appeal to it

162
Unless annexed to it

72

ARMOUR.
APPEAL.

(See COAT ARMOUR.)
An unsound discretion is the sub-

ARMS.
ject of Appeal

160
As where a wrong Sentence is

(See Coat of Arms.)
given on the merits

id. ATTACHMENT.
It is no ground for Prohibition id. Will be granted for disobeying a

Prohibition

171
Unless on Appeal the Sentence

shews an apparent want of Juris- Unless Prohibition be superseded
diction
id.

172
Prohibition lies to a Court of And it may be awarded against a
Appeal which has no Jurisdic-

Peer.

id.
tion

id.

Attachment granted after a Pro-
Or which exceeds its Jurisdic- hibition, in a Suit for a Seat
tion. .

id. claimed by Prescription . 173
Even at the Suit of the party who Also for instituting a new Suit for
has appealed
161 the same thing

id.
Prohibition refused where case was

What has been held not a con.
depending

tempt

id.
Prohibition lies after Appeal id. AUCTIONEER.
Where the matter is apparent In possession of a Pew.

100
162
As for settling Church wardens'
Accounts

id.

B
Or where a Custom as to the | BELLS.
Disposing of Seats comes into

Removing Church Bells , . 139
question

id.

BEQUEST.
Or a man is improperly rated id.

No ground for possessory title 68
APPLICATION FOR A FACULTY. 93 | BILL.
Form of proceeding

32 Does not lie to quiet possession 49

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BISHOP.

Not to be a hindrance to Divine
Formerly sat in County Court 135

Service .

id.
In what case he may issue a

If so, they must be taken down 111
Commission

101 Also if built without license. id.
Ordinary, his officer

7 How Pews may be taken down id.
Воок.

Not by the Parson alone id.
Entry in Vestry Book. 59 Nor by Churchwardens id.
BORROWING.

Nor by Impropriator

id.
Churchwardens may borrow money Suit against lessee of Impropriator
for Repairs
125

112
But not to pay a debt . id. Sentence of Ecclesiastical Court
Manner of repayment .
id.

113
Money may be borrowed under
Church Building Acts 83

с
And secured on Pews

id.

CATHEDRALS.
Repayment of it

id.

Formerly no fixed Seats 2
BOUNDS.

Seats in the Choir
Question as to the bounds of a
Parish

147 | CANVASS.
Ground for Prohibition id. In favour of erecting a Gallery 90
Bounds of Vills in the same Pa- CENSURE.

id. Disturbance matter for Ecclesias.
Question whether a Parochial

tical Censure

68
Church or Chapel of Ease id. Compelling the enlargement of a

Church
BRAINTREE CASE,

13

CHANCEL.
History of it

121
Rate held valid by the Court of

Rector has principal Pew in

Chancel

123
Queen's Bench

4
Judgment of Queen's Bench af-

Vicar originally had a Seat
firmed

125
there

id.
BREAKING.

Right to retain it

id.
Pulling down Pews. . . 111

A Perpetual Curate

5

id.
Trespass for breaking and enter-

His Right to a Seat there
ing a Chapel

Dr. Lushington's dictum id.
BREVIARY.

Rector's interest there

8
Formerly read in Chancel 4 Ordinary's power extends there id.
BUILDING A HOUSE.

CHANCERY.
New one in the Parish

13 May issue Writ of Prohibition 137
BUILDING Pews.

During Vacation

166
Seats to be a moderate height 110 (See PROHIBITION.)

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