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1821. Michaelmas

Term.

LEE

and PARKER

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sent, four dissent; the weight of evidence is rather on the other side. The defendant has produced another piece of evidence, if evidence it can be called; how it got into the cause does not appear; viz. a poor's rate, in which it appears that CHALCRAFT. Chalcraft was lowered from 85l. to 80l. per annum, and Parker raised from 170l. to 175l., this is no proof to me of a difference of value; they might have been lowered for peace or for a satisfactory compromise. But this assessment to the poor rate was in 1820, and furnishes no proof of inequality in 1813 or 1818: this ex post facto rate therefore, will not establish the inequality of the two rates sued for.

I am of opinion that the defendant has failed in his allegation; and the result of the evidence has satisfied me, that the rate was honestly and fairly made; and that the defendant not being able to justify the subtraction, the churchwardens are entitled to a sentence in their favour: I think that the Judge of the Court below did wrong; and that I am bound to protect the parish officers. On public grounds therefore I give costs against Chalcraft: but at the same time, for the sake of harmony, I should recommend the parish to enter into an arrangement with him respecting the expences.

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for the appointment of select vestries direct that the minister shall preside, 86

ADMINISTRATION,

if discretionary with the Court, is granted to the person most likely to manage the property advantageously, 381

granted to the residuary legatee in preference to the next of kin, 381 granted to creditors in preference to the next of kin, 381

granted to creditors in preference to a guardian elected by a minor, 386 the renunciation of an administration may be retracted before the grant has passed the seal, 379

but it is discretionary with the Court whether an administration under such circumstances shall be retracted or not, 379

granted, limited to filing a bill in equity, 315, 635

when a person entitled to the preference in a grant of an administration is resident abroad, the Court expects due notice to be given to him before it will grant the administration to another party, 637

the Court never forces a joint administration, 312

with the will annexed,-granted to the nominee of the residuary legatees in preference to a person claiming to be executor according to the tenor of the will, 138

ADMINISTRATION with the will annexed.

which had been granted to the executor of a creditor rescinded at the suit of the executor of a residuary legatee, 635

not granted to a creditor, till the process citing the parties having an interest under the will, has been returned into Court, 314

granted to a residuary legatee during the incapacity of the executor,

499

the Court has greater authority over an administration with the will annexed granted to a creditor, than over an administration under the statute, 33

revoked, 33

ADULTERY,

cruelty cannot be pleaded in bar of adultery, but it may be pleaded as introductory to the history of adulterous intercourse, 501, 508

if adultery be proved against the wife, it is questionable whether solicitation of chastity by the husband can be considered as a bar to his obtaining a separation a mensa et toro, 508, 510

condonation of adultery not established, 7

ALIMONY,

allotment of, 258, 387

in the Court of Appeal allotted from the date of the sentence in the Court below, and not from the date of the inhibition, 207

the general proportion of alimony is higher than one sixth of the income of the husband, 392

ALLEGATION

pleading the will of a married woman must exhibit the power under which the will purports to have been made, 403

ALLEGATION EXCEPTIVE,

to be received with caution, 98

the admission of, suspended, 220, 372

before publication stands on the same footing with any other facts in the cause, 372

APPEAL,

the Court of appeal cannot on an appeal from a grievance enforce the payment of costs incurred in the Court below, 38

APPEALS

from deans and chapter to the Arches Court of Canterbury, 244
from royal peculiars to the High Court of Delegates, 231

from the dean and chapter of Exeter lie to the Metropolitan, and not
to the Diocesan, 223

regulated by stat. 24 Hen. 8. c. 12.

ARCHDEACON

exercising a peculiar jurisdiction, is exempt from an appeal to the bishop, 239

ARTICLES

in criminal suits must be exhibited on the next court day after they are

prayed,

175

may be amended before they are admitted, 96

BANNS

B.

of an illegitimate minor not unduly published under the surname of the mother as well as that of the putative father, 45

must be so far published in the true name as to designate the person who is about to be married, 55

BAPTISM,

although by the general canon law regular baptism was by a bishop or priest, yet if administered by any other person than a priest, it was valid, 279, 292, 301

if administered by a layman is not to be repeated, 281

BEQUEST

not committed to writing during the lifetime of a testator cannot be admitted to probate, 146

BIBLE,

a family bible may be produced in evidence as to the birth of a child,

42

BRAWLING,

the object of the statute 5 & 6 Edw. 6. is not to protect the individual abused, but the sacredness of the place, 122

proved, 125

BURIAL,

the office for burial is not to be used for persons unbaptized, or excom-
municated, or who have laid violent hands on themselves, 268
not refused to nonconformists, 295

Popish recusants required by a statute to be buried in a church or
church-yard, 295

is of ecclesiastical cognizance alone, n. 337-339

a more ancient mode of disposing of the remains of the dead than burning, 346

a parish directed to exhibit a Table of burial fees for the consideration of the ordinary, 361

BURNING

of the dead not fully disused till the establishment of Christianity, 347

C.

CANCELLATION

may be as effectually accomplished by crossing a will in pencil as in ink ;-but pencil erasures, on the face of them, are more equivocal as to intention, 322

by pencil marks not established, 323

to be presumed where a will is not found, and was last seen in the possession of the deceased, 552

CANONS,

ancient canons forbid the taking of money for interment, 360

CANON LAW,

it is a rule of the canon law that witnesses should be secretly examined
by the judge in the presence of a notary public, 36

in cases of impotency, n. 148, 149, 156, 157, 161, 163, 326, 327
on the subject of baptism, 277

CATALOGUE,

manuscript catalogue of the processes of the registry of the High Court of Delegates cited, n. 154

CAUSES

are never concluded against the judge, 103

CHECKS

on a banker established as codicils, 317

CHURCH,

the freehold of the church being in the minister, it is his special duty to see that it is kept in repair, and that rates are made to enable the churchwardens to keep it so, 85

CHURCHYARD

belongs to the parish for the interment of the parishioners, 341, 352
the freehold of the churchyard is vested in the incumbent by the gene-
ral law, 365

had their origin in England from a constitution imported from Rome by
Archbishop Cuthbert in 750, 349

CHURCHWARDENS

have the right of disposing of pews in the body of the church, n. 516 nonsuited for making an improper use of their authority in the disposal of a pew, n. 517

justified in a cause for subtraction of church rate, 648

a partner in a house of trade lodging in another parish is bound to serve as churchwarden in the parish in which his house of trade is, n. 517

a person not excused from serving as churchwarden on account of deafness, 164

with the consent of the minister may call a meeting of the parish, 85 proceeded against by articles for prohibiting the singing by the parish clerk and children of the congregation, accompanied by the organ, 91 CHURCH RATE

confirmed, n. 640

subtraction of church rate not proved, 639 CITATION

from the Prerogative Court against executors, to bring in a probate which had been granted in common form, and to prove a will in solemn form of law, 3

the difference between the service of a process by a citation vis et modis, and a personal service, 512

taken out against a curate to answer to articles for altering a pew in the body of a church without competent authority, 520

may be objected to by the party cited, 598, 599

but not by a party called upon to see proceedings after issue has been joined in a matrimonial suit, 596

CLERGYMAN,

no clergyman of the established church can perform duty without a license from the bishop, 576

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