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THE

LAW OF PEWS

IN

CHURCHES AND CHAPELS,

INCLUDING

THOSE BUILT UNDER THE CHURCH BUILDING ACTS:

WITH A CHAPTER ON

PROHIBITION.

BY

GEORGE HENRY HEWIT OLIPHANT,

OF TRINITY COLLEGE, CAMBRIDGE, B.A.; AND OF THE INNER TEMPLE, ESQ.,
BARRISTER-AT-LAW.

AUTHOR OF THE LAW OF HORSES," &c. &c.

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OTHE

LONDON: PRINTED BY STEWART AND MURRAY,

OLD BAILEY.

PRE FACE.

The object of this present Treatise, is, to propound, in as short and convenient a form as possible, the Law relating to Pews, both in old Churches and Chapels, and in those built under the Church Building Acts, and also to explain and illustrate the Law of Prohibition.

It may here be remarked, that although an article on Pews and Seats in Churches, is usually given in each of the various Books on Ecclesiastical Law, yet besides the necessary meagreness, there is almost invariably a want in clearness and conciseness of arrangement; some points being handled in much too diffuse a manner, whereas others are never noticed at all.

In the present instance, the Author has searched all the numerous authorities and cases bearing on the subject, and has, as frequently as possible, incorporated in the Text, the very language used by the Judges themselves. Great care has been taken to keep out all irrelevant matter; but the latest Acts of Parliament, and the most recent decisions, are cited in their proper places.

A short history of the last Braintree Case has been given, on account of its great importance, and the short time which has elapsed since Judgment was delivered.

The Author hopes that in consequence of the arrangement of this Treatise, and the want of accurate information on the subject, the result of his labours may prove acceptable to the Legal Profession, as well as to that learned and most influential body of men—the Clergy.

G, H, H, O.

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8, Serjeants' Inn, Temple,

July 1850.

TABLE OF CONTENTS.

id.

. . . . . . .

Page

Accommodation for the Laity 2

No Seats allowed before the

Reformation

The first Seats were move-

able

3

Property of the Incumbent. . id.

Few old cases on the subject id.

Pews provided in later times id.

Fixed Seats part of the

Fabric ...

id.

The law has been little

understood

id.

Rector has principal Pew

in Chancel

4

Vicar originally had a Seat

there

id.

Right to retain it

id.

Ancient Stalls

id.

A Perpetual Curate

5

His right to a Seat there id.

Dr. Lushington's dictum ... id.

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