The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1867-04-30 00:00:00

am?' Or TUB P•RIC WALL.

A letter from Mr. Reynolds was reed complaining
U to the state of the will abutting on their hoe.
After wale oaiversetion it was proposed by Mr.
Drew. seconded by Mr. 1344, and carried. "That
Lb. Railway Company be informed that ceder no
consideration will the Council permit them to
deviate from the original line of rail sad that the
Council calls upon •theni to repair the wall now
diispidated by their tralEa."
Mud? 110081 ?ILI Plea &ID HUMOUR TIMM.

Afwr some little oonvorsotion oil to tbo tok•
lag
an eminent Counsel a opinion on these tannin, it woo
proposed by Mr. Pothettary, seconded by Mr. Webb,
and carried, " That an opinion be taken on
the case prepared by Mr. Howard. from Sir ft.
Palmer, at the leest possible expense comment
with bar; politicn at the Sw."..

The Berrveyor's and Harbour Master's report having
been read, the Comical formed a Local Board, the
principal subject on the paper being the state of
Beth-street
A memorial from the owners of property situate
therein WM read praying the Board to lay a main
drain, and after oonsiderable discussion pro and cos
it wee proposed by Mr. Brown and seconded by Mr.
Webb, that a main drain be placed in Bettainneet.
There being nu amendment the propoltion was
carried.
This coisoluded the businesa

RLDIPOLE.

---- -
ASCll:tars Vesmity.—A meeting of the parishioners
was held on Fricisy, to receive the churchwarden's
.I.oooUnti and to elect ehurcliwiardens for the year ens
ming. The chair was taken by the rector, the Rev. T.
O,IIA•CaL There Weill •1•0 pi...et,' the church...ideas
(Messrs. 0. F. Worisworth and J. Groves. jou.). L eta.-
194rdi IL If. Eliott, Req., Rey. R. C. Marriott,
M.STS. (troves, C. Jesty, Blackinore, T. Hopkins, J.
Potheallmt Gill, &a The stilts moat of account chow. d
that of the rate of Lit odd ersnt" "5 lad been °"11.
I,ck'di the remainder being deducted or *aids and
arrests. At the commencement of the year there woo.
belence in hand of £l7s. Wed. The expenditure bed
been £l4 12a. 2d., and • bilance in hand wail left of
3e. 100. Among the items was 4.. 'iii. for cad.
and some complaint having been mode of the whine.' of
the church daring the winter, the chairmen mid the
secret was in the small outlay for coal. The stove had
been blamed ; but they must give it, like everything
el.'' fair play. The Cause of the want of OWN.. in
the heating opparatus wan now apparent—it eroceedet
from Amines* of DUI. The aeconnto were adopted, on
the motion of Mr. Groves Wooded by Mr. Blackmon..
The appointreeet of ehUreleianiens was then procuide.l
eetsuethearniLinombetr.rti•opinzgivia.itiihngat he ll.li
orllent priip.iesS, and Mr. Black.
more seconded, the re•appointiment of It. 0. F. Weds
-
worth as parochial churchwarden. Agreed to. Ti ii
was the whole of the bosiness on the notioe paper.— The
Chairman said before the meeting separated he yri.hed
to advert to something that lied token pima eta vestry,
at which he was not present, and fur the boiefit of Moe.
parishioner. who were not peewit, he would xtote the
facts. A Captain Hay, as they were some. having been
killed by falling from the rock. at Alderney, his body
woo brought in his yacht to Weymouth, and it was
repre•ented to him (the chairman) that the family of
the lady to whom the deceased was about to be married,
was connected with Radlyiele. He had since obtained
the best legal opinion he could get on the matter, and
had been advieed that in the ease of a body, brought or
cut ashore burial could be demanded. As was the case
it Wye Regis from time to time, persons were thrown
on the Chesil beach, the rector of the parish could not
legally refusb them ihternsent. Upon thia ground. as
well as upon that of briar connected with • family
having aseociations with Radipole, he felt it would have
been unkind to refute space for the body of Captain Hay,
'lough a non•pariehioner. While it was his duty to
protect the intereot of the parishioners he thought it
would be • hard cue to Pay that non•parishionero, under
no
eireutuetennes, shoeld be interred in their church-
yard. Supposing they hail • brother or a sister who
died out of the pariot, who, with the relatives had been
connected with Radipole for a long period ; whose ,
t anal dearest friends were intern d there, would it
not be bard, olnlicat antonntiog to enmity, to wound the ;
feeling: alien taut sensitive to say he or .he should not
be buried theft' The law of the case, as he took it
from • moot eminent lawyer, was that the freehold of
the church and churchyard was in the rector, and that
no one could be buried in the latter w 'dont hio sanction.
The rector was also i trustee on the part of the parish-
ioner., and bound to prcteet their interest,. The lector
most satisfy himself that there was sufficient room for ,
the parish, or else he must not sanction the interment ;
of • noniarishioner. The law governing the point was
very mengre, and he could find no low to Ley that burial
of a non-purist:dour could be demanded, or, on the other
hand, a non-parishioner could not be buried with the
sanction of the rector. Before the extension of the
churchyard he had invariably refused to sanction such
interments. He had not only been a loser in (no by re•
fusing, bat bad at times been uverely censured. He
felt bound to refuse while the churchyard was limited
in extent, eeeept to the members of a family
who were there interred. When additional ground was
obtained. sod when the friend. of Capt. Hay applied to
him, he felt, for the remins that he had stated, that he
could not refuse.—Mr. Drew eoasidered be might have
seen him before cerreptitlonaly introducing a subject
which had act previously been entered i n the notice
sis-r. He won not aware of what Isart transpired at
the previous vestry until he received, what he took to
be, a condenmation of his conduct, and • request that
he would not repeat it. He wished to know if it was • I
entice Luling from a legally conetituted Tuley, and '
had the notice been legally elven ? If not on the
notice paper it was not legal. and the law was very '
emphatic as to no risolntion being passed, on • subject
of which due notice had not being given. —Lieut.-Col.
Steward said that it was intended as • memorial not as
a condetunation.—Mr. Hopkins held the sem. view.—
The Chairman ti ought when a rerun was charged an
opportunity ought to be iuforder. him for explanation.
It was condemning a man behind his beck. Wu it
entered in the minute book I—An examination of the
minute book having been nude, no trau of the vestry
could be obtained.—Mr. Hopkins said there we., no
hook to he had when the vestry was held. —Mr. Groves
said its lib-enee was fully and satisfactorily explained
at the time.—lt was here intimated that the men.oriel
had been endorsed on the bask of the notice, and that
some person hail carried at off in hi. pocket. —Mr.
Pothecary remarked that the presence of the book was
not of paramount importance. The minutes weld
have been taken down and afterward. transcribed, and
then staned.—The Chairman said if it sus • legal
vestry, and the subject had been properly introduced,
the churchwardens were to bleine for not haeing seen
that the minute. were entered. It was intimated that
the churchwardens took legal advice, which wan to the
effect that the resolution being informal for tes,t of
prior nence on the subject ; they need not trouble
about entering the minute in reference to it. - Lieut.'
Colonel Steward said be had made some enquiries ma
the matter, and be wee informed that the burial of •
n n.pariehloner reeked with the eburehwardena—The
Chairman said his legal opinion was quite the contrary:
the rector could forted or eciesent ; but if the {oriel)
could prove he .M 4 not &dug his duty they might
interfere by calling upon Wel to make an alteration.
The fee of the church and churchyard wan in the rector
and churchwardeos for the time being. Whether it was
the nctor and churchwardena acting in conhinatim he
could siot Pay. What monument+ should be put in the
inoide of the chinch waa clearly wtth the rector, and
his legal adviser could not see whet difference there was
between the inside and the outside, as both were vested
in the rector. He might ray there was little law on
the subject. Droves said equity and reason teemed
mwe mixed up in the matter than law.—The Chair-
man took it that it was more of e discretionary
cherocter than law. If they were anxious that non•
pari.hioners should he totally excluded. and be (the
rector) ohould consent to adopt their views, they mast
be prepared to abide by it theinaelves. If • brother
t.t a sister went away and died he would have to exclude
them. Lieut -Colonel ntew•rd remarked there was •
wide difference between that and Capt. Hay's case.—
The Chairman said he did not see how he could hove
excluded him. He was brought there by sea—Mr.
Hopkins said if he hal been landed in Rulipele parish,
they would not have complained ; but being landed in
%dumb. Regis, that parish could have provided a
place of interment. —The Chairman mentioned the
connection which formerly elicited between Melcombe
Reek and Radiyole the latter having been the mother
church. It amounted to this. Wu be to wound the
feelings of relatives who, being connected with Radipole,
wished to inter their friends there! It made not the
slightest difference to him; in fact, he would be •
gainer in fees in refuting, and if be bad a choice, he
would prefer interments taking place in the cemetery.
'fele*. better ndvised, he could not conoent to do
violence to the feelings of the berueed, if sufficient
reason could be sheen) why the interment should take
place. On theme grounds be had given permission for
apt. Hay to be buried in Radipole. let—Because he
had been 'brought by sea. 2nd—Because it was alleged
he was connected with • family that had been associated
with Radipole. 3rd—As Radipole churchyard bad been
increased it could not be alleged there was insufficient
space for the requirements of the perish.—Lieut-Col.
Steward asked the Chairman for the authority of the
opinion be had expressed. The Chairman said he could
not do so. —Col. Steward then said he hod enquired of
an old incumbent., who had given it u his opinion that
the right to consent or refit.° rested with the church-
warden. alone.—The Chairman would like to see the
Ash, and the questiou referred to by Icieut.-Col Steward.
He bad not yet met with imoh an Act and such a section.
—This terminated the discussion, and the meeting
separated.