PAULv. SAMUELS and THORPE (003) [1922] SLCA 2 (22 February 1922);

Search Summary: 

Criminal Law - assault -lawful excuse -no assault if churchwardens use reasonable force to remove intruder from pew assigned to another: The Constitution of the Sierra Leone Church, art. 13 confers an unfet-  tered discretion upon its churchwardens, under the directions of the Parochial Committee, to allot pews and re-allot them whenever they may consider it necessary to do so and they may therefore deprive a parishioner of his pew despite the fact that he has paid his pew rent regularly; the churchwardens are also entitled to use a reasonable amount of force to remove a parishioner who intrudes on a pew assigned to 35 another (page 28, lines 33- page 29, line 18; page 30, lines 36-41; page lines 5-27).

Ecclesiastical Law- churchwardens- functions- seating of parishionersConstitution of Sierra Leone Church, art. 13 confers unfettered discretion
on churchwardens to allot pews- regular payment of pew rent does not entitle parishioner to retain pew- churchwardens may use reasonable force to remove intruder from pew: See [1] above.

Jurisprudence - customs and usage - existence since time immemorial customs of Church of England have no binding force in Sierra Leone
because have not existed in Colony since time immemorial: See [ 3] above.

Law Report Citation: 
1920-36 ALR S.L. 26