The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1878-07-23 00:00:00

Tlll VIC•FL OF ITDLOIO. AIM HIS
.PAIIIIIIIONZIOL

_
The 7.1.;;V-11;;Iry—Ihmotip v. Arthur W. Lock, heard
at the Dorset AMMO on Thursday, before Mr. Justice
Crowe, we in effect an action between the lac W.
vicar of Riffling against one of the principal
tithe-payers, for thithes which 31r. Dunning had paid
already to the churchwardens, and which they had
applied towards payment of a salary to the Rev. G.
Whitehead. formerly curate-in-charge, who had been
to supply at the church between the death of
'rt ni
e. Mr. Brown, a former incumbent, and the
accession of the Rev. W. Vernon. It seems that the
churchwardens agreed to pay Mr. Whitehead at the rate
at £lBO • year, and, in order to procure fund., they
collected the tithes. amour those who paid being Yr.
Damen.. Mr. Vernon contended that the churchwardens
had no right to pay Mr. Whitehead more than a guinea •
serene, or two guineas • Sunday. and that the amounts
collected by them and so applied had been wrongfully
paid, he therefore re-demanded the amount of the tithe
mat-charge from Mr. Dunning, detrained two horses, the
' action was replevied, and thus nine before the Court itt
the above form, the defendant being Mr. Vernon
nob ltoc. The rev, gentleman himself wee In Court, but
not examined, the sedate,' being larjsly (=jaw by a
copious correspondence. The plaintiff contended that the
Rev. W Vernon had ratified the acts of the church.
wardens, by waiving his objection to their collecting the
The total sum in action was £64 12a. 2d.
Mr. Cole, q.c., and Mr. Mathews, instructed by Mr.
Andrews. of Dorchester, were for Mr. Donning; Mr.
Charles and Mr. B. T. Lock, for defendant.
Mr. Cole, q c., said the plaintil ia • firmer of high
respectability, at Sidling Bt, Nichols,, the nominal
, defendant is Mr. Lock, the well.known solicitor of this
town —he was happy to say —only the nominal defendant,
the real one being 2(r. Vernon, a @lawman well.known
' to many there. Mr. Vernon raised • d*ute resP
' payment, made really for the services of the csal
I between the death of the late Incumbent and the intro-
duction to the living of Mr. Vernon. The defence wee
such Si no minister, of any denomination whatever.
I ought to met up, and if the rev. gentleman append in
I the box he should have some questions to aob'hlns, The
Rev. Mr. Brown, Sate vicar of the pariah, was taken
ill in June or July, 1871, and just befor, hi, death the
assistance of Mr. Whitehead was obtained, most un-
happily for the perishioners of Eiydling. Mr. 'Brown died
on July 14th, 1871, and Mr. Vernon we presented on
October, 28, but was not Inducted till September 6th,
187 A At Mr. Brown's death, Mr. Hole was church-
warden with another, and it being their dot/ to provide
for the services, Mr. Whitehead was selected, and con-
, ducted the services about nine month.. The church-
warden. had no funds but the tithes to him. and Mr.
Dunning being the erred bolder subjectpay to tithe, in the
parish, they collected the tithe from him and others, and
rz,propetirb.7ceipait%nbu4 Mr. Vernon co
the clergyman litend.seedd. that
and
the living not !Zing sequestered, the payments were non
and void, though toe chnrchwardena gars proper receipt,.
and Mr. Whitehead WY_ paid out of the rent-charge paid
by Mr. Dunning. A half-year s rent-charge Ints due in
Jot,, flog, the Vicar applied for that, it was paid, sad •
ramie given, and en on till 1817, when the pinion began
to thlni, he should be able to recover the half-year's rent.
charge p. 14 in 1875. But very *aft in 1875 Yr. Vernonknew Mr. Hole had received the tithes, he acquiesced in
that, but entered into • contention with Mr. Hole that
the churchwarden. were piglet/40e mock to Kr. who.
hied. sod that instead of Pal him £lBO a year, they
were only obliged to pay a guinea for each sank* A
mono *tubby net of Whire than those written by Mr.
Vernon they would not see; but with that contention
Mr. Dunning had nothing to do; let Mr. Roe and Kr.
Vernon light it out. But notice wee given, and they
went to Mr. Dunning's farm and detrained on two
bTra• . .

—lr. Marls' remarked this was arrshisd between the
solicitors: . _

son7e--technical conversation followed. and the plese
wen amended, so as to robe the lame of " waiver' by
Mr, Verna&
• • •

Zgd-Turged teat the reosipti giTIC b, Mr. Vernon
for subsequent half-yean way prima /scar evidence he
made no objection.
The „judge weed that receipts in full, at contra-
dirtinguietted from receipts on account; wouid be moth
evidence, but raid Kr. (..aries, these are no such receipts

—Mr . Cole first read the receipts from the churchwardens.
namely for £l3 to. Rd. and for CV iOn Bid-, the ronePta
Iria=irtheee arcade added—" So pay the ofikiatiac
. The enhesquent receipts were given by Mr.
Vernal, and were simple receipts for Itelf.year's tithes,
until Inn when that one wee added " But not toci
for the kalf-yeiVe tithes in 1815,* which warthr.
Charles mid the latiatare after the question had
keen raised, should 1:0
Mr. Cole: Mr. Vernon lays down the law so clearly that
he does not require • solicitor. A. parson soda lawyer
combined make • very curious sort of animal. He
continued the book of remises wee seat to Mr. Vernon,
who took • pressed
Cl =r.rimf
roue of the clurchwarden's
Tilette_sed nthrlY ed it so doing • cornier
took place with • Hole. aad .
.Coie read eMr's ; wawa we,, very numerous and magthy, bet
the tenor of Mr. Vernon's seateation 111 the
follow! in references te the egreemest verfralrr.
heed ' la in mak arneht:zina vemeeemlocht
the them leases, whisk le reesolot I !mow
goo myself, Myths ailed se Isethi teleith. The meal
NM the rate ell We einem
,ina1x=:=1114....."..... to pg. "
fl
they soaks my paigt with ato teases, to
meld the seri renewration. VW de it at their ewe
persona risk. If they bate the power to meddle the akar
with the expellee of • hem teams at any rate they may
Ix, they leer Wel to pay him PA a math or say other
sum. On Nov. th, Mr. Venus wrote to Mr. Hole that
he had received a very extmardisery, he Wed way
abusive lather from Mr. Whitehead Ostia, the church-
wardens °odd make no metric* for any amount of
remuneration in exam al that provided by law, and had
no power to Fay tithe' too totem Of course what
they had already paid to Mr. Whitehead mutt be
considered as paid out of some fund of their own, which
, of course they possessed, and the the tithes doe once the
avoidance must be counted for in the regular way. There
was, mid Hr. Cole, an admission that the churchwardens
were warded to receive the tithes but must acnetint fds
them. It admitted they might receive them to pay two
milieu • weak but Mr. Vernon had &strained for the
whole helf -Yeses tiplisk_kihserlas ase
to Ng lidea. aadY it was ea
moral &Weft la. Mels wrote eses ea