Campbell and Others against The Parishioners and Inhabitants of the Parish of Paddington in Special, and all Other Persons in General

JurisdictionEngland & Wales
Judgment Date08 July 1852
Date08 July 1852
CourtConsistory Court

English Reports Citation: 163 E.R. 1413

CONSISTORY OF LONDON

Campbell and Others against The Parishioners and Inhabitants of the Parish of Paddington in Special, and all Other Persons in General

S. C. 16 Jur. 646. See cases cited in note to St. John's Walbrook v. Parishioners, p. 515, ante, See also London County Council v. Dundas, [1904] P. 1; Sutton v. Bowden, [1913] 1 Ch. 518.

558] campbell and others against the parishioners and inhabitants of the parish of paddington in special, and all other persons in general. Consistory Court of London, July 8th, 1852.-No Judge has power, by the general law, to grant a faculty to sanction the use of consecrated ground for secular purposes, but, as a vestry room is employed for ecclesiastical as well as secular uses, a faculty, after some hesitation, was granted for the erection of a vestry room on consecrated ground. [S. C. 16 Jur. 646. See cases cited in note to St. John's, Walbfook v. Panshioners, p. 515, ante. See also London County Council v. Dinidas, [1904] P. 1; Sutton v. moden, [1913] 1 Ch. 518.] This was a business of citing the parishioners and inhabitants of the parish of Paddington in special, and all other persons in general, having or pretending to have any right, title, or interest to shew cause why a faculty should not be granted to the incumbent and churchwardens of that parish for the purpose of erecting a new and suitable building or buildings for the holding of vestry "or" other parochial meetings on a piece of vacant ground in that parish. In support of the application it was alleged, inter alia, in the act to lead the decree, that in consequence of the building then in use for holding meetings of vestry being found very inconvenient and without sufficient accommodation for the increasing business of the parish, the vestry appointed a committee to consider the matter, who reported that a portion of a certain plot of ground purchased by the parish in 1843 was the most eligible site that could be procured for new vestry premises, and that the ground afforded ample room for such premises without encroaching on the space necessary for a new church which it was in contemplation to build [559] thereon; that the report of the committee was adopted by the vestry with orders to the committee to carry the same into effect; that the space required for the new building to be erected, and for the yards and outbuildings, would be 116 feet long and 80 feet wide, and that a piece of vacant ground, being the...

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