The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-06-05 00:00:00

IN RE THE REV. GEORGE PERRY.
In the
_London. Court of Bankruptcy, the above cane has

been on for bearing.
The bankrupt was described as a clerk in holy orders,
formerly of Camden-grove Peckham, since of Falkirk
and Stirling, NB.; since Of Rutland-road, Hackney, of
Amersham and Coleahill. Bucks, biLlee of Bond-court,
Walbrook, stationer, trading as "Perry and Co. ;" since
of De Beauvoir-road and Hampatead, schoolmaster, pri-
vate tutor, and clerk in holy orders. He ascribes his
failure to losses, and unexpected calls on shares held by
him in various limited companies, and liabilities on bills
in connection with the Hendy Mine. The accounts show
an amount of £2,354 due to unsecured creditors; on
accommodation bills, £1,140; liabilities on shares,
£16,038. There are substantially no assets. Amongst
the companies with which the bankrupt was connected
were the East Koagsberg Native Mining Company of
Norway (in liquidation), to which he is liable in
upwards of £l,OOO ; the Plymouth bank and the llendy
Mine.
In examination by Mr. Brough (for the creditors) the
bankrupt stated that it was three or four yearn since
he had been in business as a stationer in London. He
was never bankrupt in Scotland, but he bad com-
pounded with his creditors for ris. in the pound. He
had been connected with a great many companies.
Had been promoter .4 the Llantrissant Coal and Iron
Company. Did not know what had become of the
company, but believed they had an office in Coleman-
street. Had also held shares in the Ilendy Mining
Company, and others.
Mr. Reed (for the bankrupt) put the case before the
court as one of misfortune.
The Commissioner: Why should a clergyman be
speculating in all those companies?
Mr. Reed supposed that his thoughts had been else-
where. Like Goldsmith's Country Clergyman, "all
his serious thoughts were given to heaven ;" and hence
his want of success. (A. laugh.)
His Honour said he must know something more of
the case. Looking at the description of the bankrupt,
the creditors had got reason to be dissatisfied.
Adjourned for additional accounts.

that of one chosen by a voluntary association of private per-
sons associated for sacred purposes, and entitled to chows a
minister suitable to their own particular opinions, whose
services are to be awarded out of their own private funds.
lie is engaged upon a contract which is merely a private con-
tract, and is to ho construed with the same regard to the
rights of each of the contracting parties as any other private
contract. His position as to tenure under the trustees is clearly
defined by the law. There is nothing to show that in equity
he can have any position higher than he has at law. Nor is
there any equity to control that power in the majority of the
trustees which is established at law. The power of the
majority of the congregation seema to me to rest on the same
principle. Indeed, the statement of Mr. Gordon himself in
the 111th paragraph of his answer as to the secession from
this congregation, which occurred in the year 1845, show*
the practical wisdom of maintaining the power of the
majority. When the minority refuse to submit peace is
maintained by their seceding and forming themselves, if
they can, into another harmonious congregation. This seems
more suitable to the purpose for which such religious bodies
are formed. It is better than that a contentious and re-
cusant minority should continue members of a congregation
which would thereby be disturbed by feelings and passions
which should not prevail amongpersons meeting together for
public worship. It is scarcely necessary to notice the argu-
nient that the tenure of his ministry for life must be
implied from the terms of the invitation and acceptance
mentioning no shorter period. Nothing that involves an
absurdity can by mere implication be made part of a con-
tract. If it is to be implied that he was made minister for
his lifetime, even the unanimous vote of the congregation
could not displace him- And if he could not be displaced
there would be the absurdity of his being the nfflciating
minister of a congregation unanimously recusant to his ser-
vices. There must be a decree declaring that the defendant,
Mr, Samuel Clarke Gordon is not entitled to officiate or
preach iii the chapel in the pleadings mentioned against the
will of the majority of the trustees and of the society or con-
gregation in the pleadings mentioned, and an order tor an In-
junction against him and the defendant Pike according to the
third paragraph of the prayer of the bill. It is unnecessary
to direct any account. Indeed, it has not been pressed for.
The plaintiffs are entitled to the coats of the suit against the
defendant Mr. Gordon, and also against the defendant Pike
Notwithstanding the allegations in the answer of the de-
fendant like and the argument that he WaS merely the agent
of Mr. Gordon, the evidence proved his interference as to
pew rents, and he was properly made a defendant. The de-
fendant Christie having refused to join as a plaintiff must
bear his own costs.