Phelps v St John, Clerk
| Jurisdiction | England & Wales |
| Judgment Date | 13 February 1855 |
| Date | 13 February 1855 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 704
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 3 C. L. R. 478; 24 L. J. Ex 171
phelps v. st. john, Clerk. Feb. 13, 1855.-In the year 1836, the archdeaconry of Dorset was, by order in council, dissevered from the diocese of Bristol, and annexed to the diocese of Salisbury. After the annexation, S., who had been registrar of the Bishop of Bristol, continued to act as registrar under the Bishop of Salisbury. In the year 1840, a writ of sequestration against the rector of a parish within the archdeaconry was directed to the then Bishop of Salisbury, and delivered to S. Sequestrators were appointed under the seal of the bishop, and the writ remained in the office of S. That Bishop of Salisbury having died, and a new bishop having been appointed,-Held, first, that the succeeding bishop was bound to return the writ directed to his predecessor. Secondly, that, although the writ, if directed to the Bishop of Bristol, might have been valid by the 6 & 7 Will. 4, c. 77, s. 20, yet that, under the above circumstances, it was too late to object to the form of the writ.-Semble, that the 10 & 11 Viet. c. 9d, which provides for the saving of the powers of the Ecclesiastical Courts, does not apply to the act of issuing a sequestration upon a fieri facias de bonis ecclesiastics, by a bishop, in which he acts as ecclesiastical sheriff. [S. C. 3 C. L. R. 478; 24 L J. Ex 171 ] W. H. Cooke, in last Michaelmas Term (Nov. 11), had obtained a rule calling on the Bishop of Salisbury to shew cause why he should not forthwith return into this Court the writ of fieri facias de bonis ecclesiasticis issued in this cause in the year 1840, upon the benefice of the rectory of Marston, in the county of Dorset, and why he should not at the same time file with the said writ an account of all monies levied by him in obedience to such writ. IDEXffli. PHELPS V. ST. JOHN 705 Montague Smith m last Term (a)1 shewed cause, and [896] W. H. Cooke was beard in support of the rule.(a)2 The following authorities were cited:-Powdl v. HMut (15 Q. B. 129), Pack v Taipley (9 A & E. 468), Rogers' Ecclesiastical Law, tit. Sequestration, 900, 2nd edit, Phillips v. Beilcdey (5 Dowl P C. 279), Dau^on v SytnonJi (12 Q. B 830), Watkms v. Tarpley (5 D. & L 226), Harding v. Hull (10 M. & W. 42), Marsh t. Fmocett (2 H. Bl. 582), Alan is v. Pftelps (4 Exch. 895). Cur. adv. vult. The judgment of the Court was now delivered by martin", B. This was a, rule obtained by Mr. Cooke on behalf of the plaintiff...
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