The Clergyman's Hand-book of Law: The Law of Church and Grave — John Shaqi
The Clergyman's Hand-book of Law: The Law of Church and GraveScanlan, Charles Martin
Religion
The Clergyman's Hand-book of Law: The Law of Church and Grave
Scanlan, Charles Martin
Burial laws -- United States; Ecclesiastical law -- United States
*244.* _Pewholders’ Rights._—A pewholder has the exclusive right to occupy
his pew when the house is used for the purpose for which it was erected;
but he can not convert his pew to other purposes not contemplated.(441) If
he has paid his pew-rent according to agreement, he is entitled to use his
pew on all occasions when the house is occupied, even when it is open for
purposes different from those mentioned in the conveyance thereof; and he
has the right to exclude all others from his pew by fastening the door or
otherwise, and any one who enters his pew knowing the facts, is a
trespasser and liable to an action for damages.(442) The owner of a pew
has no right to put an offensive covering thereon nor use his pew in any
way to the annoyance of the congregation or not in keeping with the place
and conditions. By placing anything offensive about his pew, he may be
liable for maintaining a nuisance, and such offensive thing may be
removed; but, as far as possible, it must be removed without damaging the
pewholder’s property.(443)
*245.* _Rebuilding, Remodeling._—An injunction was granted on the bill of
pewholders, restraining the authorities of the church from pulling it
down, as they were going to use the materials in the erection of a new
church on a different site. On the answer, the injunction was dissolved on
the ground that if the complainants had rights which would be violated,
there was a remedy at law and that the nature and extent of the injury
were not such as called for the interposition of a court of equity by
injunction.(444) Where a parish abandons an old church and builds a new
one it does not become liable to any pewholder for damages by reason
thereof unless it has acted wantonly or intentionally to injure the
pewholder.(445) But when it becomes necessary for the purpose of repairing
or remodeling a church, to destroy old pews, a pew built by a member under
contract with the church can not be removed or destroyed without
compensation.(446) Pew rights are subject to the right of the parish to
pull down and rebuild a church either as a matter of necessity or
expediency, but in the latter case the owner of a pew is entitled to
payment.(447) A pewholder has only the right to occupy his pew during
public worship, and when the church has become so out of repair that it
can not be used for public worship, the owner of a pew can recover only
nominal damages for injuries to his pew.(448)
*246.* _Selling Pew on Execution._—In an action to recover the value of a
pew sold at auction, the merits of the case will be tried according to the
law of the land.(449) It is doubtful whether a pew in a church can be sold
for private debts of the pewholder.(450) It depends somewhat upon the
title and State law of exemptions.(451) To render an attachment of a pew
valid, it is not necessary for the officer to come in sight of the pew or
even to enter the church.(452)
Public-domain text, read in full here on John Shaqi.
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