RONG

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hurch, inuous- Jew n° words :

)hnston v n° 68, or the 'rustees ear. J ce. On -of the by the rangers torts Le

by-law in the Act of Incorporation of defendants and amendments. 4th. That his holding of pew n° 68 for the yeur 1872, was by verbal lease. 5th, That he was an elder and member of session of the church. 6th. That he was the legal lessee of said pew 68, for the year commencing 1st January, 1873, and ending 31st December, 1873, by tacit renewal. 7th. That defendants declined to let plaintiff à pew for the year

commencing 1st January, 1873. 8th. That plaintiff, on the

20th December, 1872, and on the first juridical day of 1873, tendered the amount of rental to the defendants notarially for a pew for the year 1873, und that defendants refused to let “said pew 68, or any other pew in the said chureh, to plaintiff” O9th That plaintiff being the legal lessee and holder of pew 68 for the yeur 1873, the defendants annoyed and disturbed him in his use and occupation of it, by pasting upon it printed placards containing the words “ for stran-

Ecers,” by removing his books and placing other books in it,

by discommoding him by placing strangers in it without his consent, by removing his cushions and hassocks from it to his warehouse. 10th. That the defendants acted “ as afore- “ said, maliciously and knowingly, and with intent to bring “plaintiff into contempt, ridicule, disgrace, &e.” and that

“by reason of the said illegal, unjust, scandalous, malicious

and defamatory condact of defendants, plaintitf hath been and is greatly injured in his good name, fame and reputation, &e.; and hath, by reason of all the said premises, “ suffered loss and damage, the whole to the damage of the “ said plaintitf at Montreal aforesaid, of ten thousand dollars currency of Canada ;” and conclud d »s follows : “ Wherefore plaintiff making option of à trial by jury, and praying ‘acte of said option, further prays acte of the sufficiency of ‘his said tenders for rental for sa'd pew made to defendants previous to the iustitution of this action for the said year, “ conmencing the first day of January, 1873, and ending the ‘3lst day of December, 1873, as also of the tender and ‘ deposit herewith made and renewed, and further prays that ‘the defendants may be adjudged and condemned to pay and ‘satisfy to plaintiff the sum of ten thousand dollars, with interest and costs, out of the amount herewith deposited, in so far as it may be sufficient.” To this declaration the defen-

Alants pleaded: First, the general issue; and secondly, a

special plea averring: 1st. That plaintiff was not a pewholder or lessee of a pew in St. Andrew's Church after the 3lst December, 1872. 2nd. That they had a right to refuse

ipew 68 for the year 1873. 3rd. That by the by-laws, cus-

toms and practice in the church, the pews are let each year

Band from year to year, and the lease expires at the end of

each year ; that there is no continuation without a consent, and no notice required to discontinue. 4th. That it was undesirable and inexpedient to let pew 68 to pluintiff for the year commencing the 1st day of January, 1873, or for any other time, and in the exercise of their discretion, and in good faith, without malice, or any other than conscientious imotives, and with a desire to fultil. their duties, and for the preservation of peace and harmony in the congregation, the defendants did, to wit, on the 7th day of December, 1872, decide and determine not to let a pew to pluintiff. 5th. That on the 25th December, 1872, the congregation, in a general meeting, at which plaintiff was present, and in the proceedings whereof he participated, confirmed this action of the trustees.

quiesced in said decision of the Defendants, and admitted that he wus not-the lessee of pew n° 68, and the defendants thereafter desired to accommodate strangers in said pew, there being no other pew in the church available for the purpose, but the plaintiff wrongfully disturbed and interrupted the use of the said pew by strangers and injured and caused damage in the premises of the defendants : but himself has suffered no damage whatever in the premises ; and that the defendants, in the whole matter, acted in good faith and in accordance with the practice, by-laws, rules and regulations of the said church. The plaintiff’s answer and replication were general. Upon these issues the parties went to

proof, and judgment was given in favour of respondents, by à

the Superior Court on the 30th December, 1873, JOHNSON. J, and confirmed in appeal, on the 3rd February, 1876, DoRtox, C. J. (dissenting), Ramsay, J. (dissenting), MONK, J., Sax- BORN, J., and TESSIER, J.

Here follow the remarks of the Judge in the Superior Court :

JOHNSON, J.: The plaintiff complains, that, being a pewholder in St. Andrew’s Church, in this city, for the year 1873,

he has been maliciously disturbed in the occupation of his}

pew ; and, in fact, driven from the church, and injured, and brought into contempt, by the defendants, from whom he asks x condemnation for 810,000 damages. The cireumstances under which this action has arisen are peculiar and painful. The plaintiff is evidently acting under strong feeling, whether of injury or of resentment. The defendants resolutely maintain they have acted within the limits of their right. I shall offer ro opinion upon anything but the strict legal rights and liabilities of the parties ; but, to do this intelligibly, requires reference to their respective pretensions, and to the ground on which they rest, The plaintiff represents

6th. That the plaintiff then and thereafter ac- |

Auith the wor

occurred in M the pew 68, fo

vas requested

that he has during all more pews December « n° 68, payi that he was of the CrT lease ; t'at, D notice from for the folle letter expre another yes getit, he ca surer of def however, ref a pew for a

à December, h

jand require refusal ; thai payable anr request, with refusals, pla sitting in per it for the fir ference by di contends, rer first ten day March and mo'ested plai n° 68, which disagreeable

moved, and ot the cushions strangers

then proceeds he persisted à action, in Jun

Johnston, he & he Secretary ( o the notice ol emoved the b

OÙ to remove !

Oo the use o!