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 And even if a Prohibition issue improvidently, hibition be superseded. but is not superseded, a proceeding in breach of it is a contempt.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. A . . id. . ABANDONMENT. Page AJEL 64 Appropriation to a house . 26 Faculty to build an Aisle 31 A small Aisle 50 Prescription for an Aisle . 40 Appurtenant to a house out of 2 41 Interference with Pew in Aisle 50 Disturbance of an Aisle 52 Aisle repaired by Parish 59 ALDERMAN. Or Earl 135 6 id. ALLOTMENT. .. 162 Allotting vacant Pews Provision against prescriptive 14 51 ALTERATIONS. 57 103 Repewing a Church Whose concurrence should be ob- tained . 103 Constitution of the Vestry which 165 Trifling alterations . . 107 Made by Clergyman and Church- . 165 id. . 13 . . id. . . . a a . Faculty not necessary. . 107 | APPLICATION OF PEW Rents. id. APPORTIONMENT. 23 APPROPRIATION. To a house 22 To persons unconditionally 26 53 To a house out of the Parish id. Aisle or Chancel different id. 54 ARCHES COURT. Appeal to it 162 72 ARMOUR. (See COAT ARMOUR.) ARMS. 160 (See Coat of Arms.) id. ATTACHMENT. Prohibition 171 shews an apparent want of Juris- Unless Prohibition be superseded 172 Peer. id. id. Attachment granted after a Pro- id. claimed by Prescription . 173 id. What has been held not a con. tempt id. 100 id. B Removing Church Bells , . 139 id. BEQUEST. No ground for possessory title 68 32 Does not lie to quiet possession 49 0 id. . . . . . . BISHOP. Not to be a hindrance to Divine Service . id. If so, they must be taken down 111 101 Also if built without license. id. 7 How Pews may be taken down id. Not by the Parson alone id. Nor by Impropriator id. 112 113 с id. CATHEDRALS. id. Formerly no fixed Seats 2 Seats in the Choir 147 | CANVASS. id. Disturbance matter for Ecclesias. tical Censure 68 Church 13 CHANCEL. 121 Rector has principal Pew in Chancel 123 4 Vicar originally had a Seat 125 id. Right to retain it id. A Perpetual Curate 5 id. His Right to a Seat there Dr. Lushington's dictum id. Rector's interest there 8 CHANCERY. 13 May issue Writ of Prohibition 137 During Vacation 166 rish. . . |