sting faculties
requires very tender handling. It were heartily to be wished that all
legal holders of faculty pews would consent to waive their rights for the
future, for the sake of peace and the avoidance of jealousies. Of course
in such a case the Churchwardens would feel it an obligation which it
would be their pleasure to fulfil, to provide those who give up their
rights with such accommodation as their families may require. But if, as
is sometimes the case, they stand exclusively upon their rights,
Churchwardens have no power to abrogate the law, and can only look
forward to the future with hope, either that a short Act of Parliament
may be passed enacting that at the death of the present owner of a
faculty pew that particular faculty should cease, and determine, only
excepting (unless with the consent of the owner) cases in which under the
Church Building Acts the faculty was issued in consequence of money paid
down for the building of the Church with the understanding that the
faculty would be granted in consequence: or if this be not done that in
the lapse of time some holder of the faculty may regard the matter from
an unselfish standpoint and voluntarily resign his rights.
Meanwhile it is well to remember with regard to existing faculty pews
that:--
1. The form of appropriation in old faculties varies considerably. In
order to ascertain the wording of a particular faculty application should
be made to the Diocesan Registrar.
2. With regard to pews annexed by prescription to certain messuages the
right to the pew passes with the messuage, the tenant of which for the
time being has also _de jure_ for the time being the prescriptive right
to the pew. {46a}
3. No faculty can be legally granted entitling a non-parishioner to a
seat in the body of the Church. {46b} Any faculty so worded as to allow
this is void as far as that particular point is concerned.
4. No faculty gives power either to the owners and occupiers of the
house in respect of which the faculty has been issued to let such seats
apart from the houses, or to appropriate them to other persons.
No Churchwarden should ever allow a parishioner to repair the pew which
he may temporarily occupy. Such an act, if done with the sanction of the
Churchwardens, may in after years seem to give a claim to proprietorship
in that particular pew. Too great care cannot be taken to avoid any
future misunderstanding.
The matter is too often loo
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