The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1871-01-31 00:00:00

ACTION AGAINST A CLERGYMAN FOR
DELAYING A MARRIAGE.

At Shaftesbury County Court, on Thursday, before
T. E. P. Gilroy, g.q,a labourer named Beverstock, living at
Plummiest, brought an action against the Rev. Mr. Teesdale,
the rector of Ilintou St, Mary, forth. recovery of of, damages,
In consequence of the defendant illegally and improperly
refusing to attend at the parish church of Hinton St. Mary,
on the 15th of October last, &fair due notice to do no, then
and there to perform the marriage ceremony between the
plaintiff and a %Tonle,. named Mary Ann Rowland, after due
publication of banns. Mr. Atkinson, of 131midf•rdi .PPenrlld
for the plaintiff, and Mr. Dashwood, of Sturminster Newton,
for the defence. The plaintiff's cam was that he Was engaged
bib, married to a young woman named Mary Ann it ...laud,
and the banns of marriage had been duly published at Pim -
perm, plaintiff s parish, and at Hinton St. Mary, the parish
of the fair one. On Friday, thu 14th of October lad, Mins
Rowland having received inirtnictiuns by letter from the
plaintiff, went to Slim the clerk, to give uoti,e that
they wished the marriage celebrated at It o'clock the neat
day. The clerk wisioxl her to go to Mr. Teesdale, who, whilst
the Parsonage-house was being erected, melded M. Child Ode-
ford, rune flee miles away, This Mary Ansi declined to do,
and Galpin sent his non, a lad 11 years of age, who left •
inessege with the servant of defendant to the effect that Jas.
Reventock end Mery Ann Rowland wished to be married the
next day. He returned home, saying that it could not possibly
be done. The clerk went the same evening to Mary Ann. end
told her of it, lie then asked Mr. Lowndes to perform the
ceremony, and he promised to do so if he obtained Mr. Than.
dale'. consent by half-past 10. He sent his boy next morning
at six o'clock again to Mr. Tamdale, and he returned with a
note for Mary Ann Rowland, wnich stated that the rev.
geatleman regretted being obliged to postpone the wedding
as he could not attend, and added that he would marry them
on Sunday morning at or Monday morning at IL. Tie
plaintiff, In the taaatlanall, knew nothing of this, and had
engaged a woman to cook the wedding feast, and hired •
horse and cart, in which, accompanied by him best man, he
drove 11 miles to Hinton in the morning. He arrived there
shortly after nine, and at ten o'clock the note refurrel to
reached him, and he immediately set off to the defendant's
and law him. The reason the rev: gentlemen gave for not
marrying them as requested was that he had not had suffdrient
notice, and that the elenrynika ought to is the day. Pleintiff
was married nit the following Monday at Pimperne. Ho now
sought to recover 51. for the expense *no annoyance he had
been subjected to. Plaintiff and his wife, together with the
clerk of the perish, and the vicar of Sturminster, ware called
in support of his c.c.—Mr. Dashwood submitted that the
action was not m Untenable in the County Court, and that, it
defendant had been guilty of any °limos In the exercise of
his °Mee he was amenable only to the eoclimiastical authorities
under the Church Discipline Act. Lord Denman hail laid
down the law in limes c. Uavis, that if an action did lay
against • clergyman, it Must be prove 1 that there we, malice
in the defendant's acts, er that he hail no reasonable cense for
Mildew's. This had not been alleged in the particulars, and
he contended that the notice Was not, a reasonable one. The
defendant got into the boa and wee examined, tie mid hie
reammi for not c manning 14 perform the in trriago ceremony
when requested wai that he did lit codolor the notice given
by • mere lad • valid ice, lie tell his clerk on Sunday after
service to tell Rowland that ho all.lntd require two or three
days' notice IA he expected to have an engagement during the
%rook, and ho denied that he mid to the defendant that a
clergyman ought to lit the wedding-day. What he did say wee
that the clergyman's convenience ought to be consulted, lied
he not had an engagement, even with the notice he received,
he would have attended church on the day they desired the
niarriageto take oleo*. Ile had never refused to marry them.
Honour said the whole of the mischief arum out of the
unbusiness-like manna' in which the plaintiff hail mansg ed
the affair—by driving out the giving of the notice to the
eleventh hour. lite decision must be, according to law, that
Um defendant hal reasonable cause for doing what he had
done; but under the circumstances he would give no oust.;
each party must pay Ins own.

MIL CIIILDMIA. eitildilrei health has improved s
little. It is eonSditutly expeeted that with a more cow
plate and prolonged rest, aad with entire change of air,
this improvement will continue. There is, in feet, a
Cod prospeet of the renewal of his strength. and that
will be able le treseale bedews.