The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1864-11-22 00:00:00

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WELLINGTON—QuintaI Ram— Twit Qom,
v. nintitt.—This rase was heard in the Court of
Queen's Bench on Wednesday, before Lord Chief
Justice Cockborn, and Justices Crompton, Mellor,
and Shee, on eerriaori to quash an order made by
the justices of Wellington, for the payment
of £2 15a church rates, and 4s. 6d. costa. The
appellant was summoned, with others, before the
justices for the nonpayment of the church rate made
on the 24th of July. 1663, when Mr. John Bennett,
solicitor, of Serjeants'-inn, attended on their behalf
before the magistrate", and took the following objec•
tions to the rate :—First, that there was an item of
£264 for the repairs of the pinnacles of the tower of
the said church, whist there was a sum of between
£5O and £BO in tbe bands of the churchwardens,
raised by • church rite in November, IS6I, for tb•
repair of one of the pinnacles, which had net been
ezpended, and that consequently the rate was a:-
caries ; and, secondly, that the amassment roma
which the rate was made was unequal and unfair.
The magistrates accordingly held, after bearing
evidence, that the objections to the rate were bona
fide, and dismissed the summonsee, on the ground
that the objections were been ide, and they had no
jurisdiction, leaving the parties to the remedy of the
, Ecclesiastical Court On the 7th of January, 1864,
the parties were again. summoned before the justices,
when the woe objections were taken by Mr.
Bennett; but the magistrates, without consulting
their clerk, took an entirely new course, and whilst
treating the objections as boartjfde, decided that the
defendants' professional man had no power to raise
any objections to the validity of the rate, and that
if be wished to do it, it must be done by appeal to
the quarter erosions, the chairman declaring that it
was not fair to throw the onus of proving the
validity of the said rate on the charchwardeos, and
they accordingly made orders for the payment of the
rata. The affidavits of the churchwardens, Messrs.
Burridge and Edwards, stated that at the making of
the rate no objection was taken to the item for the
repairs of the pinnacle.; and it was moved, and
seconded, and agreed to, that a rate of 6d. its the
pound should be granted for defraying the expenses
of the churchwardens for the current year, as shown
in the estimate; and at that meeting two or the
defendants were present, and took part They al.
stated "that three months and upwards had elapsed
after the said seet,y meeting had been held, and the
said rate grantal, before any opposition whatever '
had been made to the payment of the said rate, and
that cousiderably over two-thirds had then, or has
since, been collected and paid over to the collector
of the rates of the said parish. We say that about
this time application was made to the vicar of the I
parish to bury and have the church service per.
formed over the body of an untoptized child of
pauper parent*, of the Baptist denomination, who
were said to be too poor to pay for the funeral
expenses at their usual place of burying, viz., the
Baptist burying yard, and which the vicar declined
to do, and I, the said William Berridge, say that I
very shortly afto.rwards, viz, on the 13th November
last, I met Willi..m Day florarY, a leading and in
financial member of that denomination, who corn.
planed to me of the vicar's conduct in having I
refused to bury the said child, and he then informed I
me that although there had been hitherto no opposi-
tion to the church rate, he feared that I should find ,
there would he opooeition in future, and by reams,
as be the said William Day Horsey alleged, of the
said vicar refusing ti bury the said pauper Baptist
child; and we. the said William Burridge and J.
Edwards say, that we verily believe that the opposi-
tion which has 1110011 been got up against the said
rate has been in consequence as alleged by the said '
William Day Horsey, of such refusal on tbe part of
the vicar to bury such child, and not by meson of
any non-liability on the part of such objections to
pay the same or invalidity in the law of the said rate
itself " The sum handed over to them by their pre-
demeans was .C 9 18a lied., and there was no minute
in the Vestry book of any sum of from £5O to Etat, or
any other sum, having been obtained by • church
rate made in November, 1861, or by any rate for the
repair of the pinnacles. The churchwardens further
stated that the rate was made upon an assessment
of the poor rate which had been used for 20 years and
upwards without ever having been appealed against
on the ground of its being unequal and unfair. There
were other affidavits denying many of the allegations
contained in those of the opponents of the rata,
and the belief of the justices that the rate bore on it
the stamp of legality, and that the objections were
not bona Ade. Mr. Kerslake, Q.(.7., and Mr.
Dosrdeswell, showed caws against the rule for
quashing the order. He contended there wag no
valid objection to the rate. It bad been in force for
some months, and a large amount of it bad been
collectei, and it was not until after the unfortunate
circumstance of the burial of the pauper child that
anything was said or urged against his validity.
The justices, with • full knowledge of the Mecum.
stances, came to • right decision in considering the
objections frivolous and vexatious. The Lord Chief
Justice said that if the validity of • rate was disputed,
and notice was given to the justices, their jurisdic-
tion was gone. All they had to decide era, whether
the objectioue appeared to be been fide. Mr.
Dowdeewell, in the course of his argument, referred
to the unfortunate differences ia the parish, and
observed that Mr. Bennett, who conducted the
opposition before the justices, belonged to the
A eti-church- rate Protection Society. (Laughter.)
The Lord Chief Justice—We only know him am •
professional manrepresentingandacting for his clients
as such before the justices. What we have to see is
whether the objections railed by him were sub-
stantial objections or not, as se to take away the
jurisdiction of the magistrates, and send the
supporters of the rate to the Ecclesiastical Court.
Without hearing Mr. JUDI. Browne, who appeared
in support of the rule for quashing the order, the
Lord Chief Justice said the rule must be made
absolute for quashing the order. If a ratepayer
disputed the validity of the rate upon substantial
grounds, and gave notice of such objection to the
justices, they were bound by the statute to forbear
giving judgment in the case, because their summary
jurisdiction was gone, and that of the Ecclesiastical
Court attached. The Court had nothing to do with
any dispute that might arise between parties in a
perish, diaturbiog the harmony which might have
before existed in a parish and have led to the
willing acquiescence io a rate made for the main•
tenance of the church. But the simple question for
them to consider was wbether the defendant was
, earnest in stating, throngh his professional adviser,
when before the magistrates, that he intended to
dispute the validity of the rate, and in giving the
magistrates notice of it. He could not entertain any
reasonable doubt that the defendant did intend to
dn so, and to seek to establish his objections in the
Ecclesiastical Court. The other !awned Judges
concurred. Rule absolute to quash the order of pay-
ment. There Were four other COACII in which a
similar judgment was given, and the rules in each
case were made absolute.
BRISTOL—Ors or Nzteor's Mew—Died at
Bristol, on Monday, Mr. George Underhill, at the
advanced age of 80 years. The deceased weed
under Lord Nelson in three general engagements,
viz., Trafalgar, the Nile, and Gibraltar, besides
several of a minor character. At Trafalgar he re-
ceived various wounds, for which he gained •
pension. The deceased was the father of 37 children,
the majority of whom are now alive.

-
THR COLSTON ANNIVERSARY. —A curious custom
prevails in thil city. The 13th of November (or
when, as on this year that day falls on a Sunday,
then the following day), hi devoted to the commemo-
ration of a local worthy named Colson. But instead
of its being the occasion for all parties to meet to-
gether on common grounds, Whir and Tories make
it a day for mustering their respective forces, while
• third patty adopt neutral colours. The straggle
assumes the laudable shape of vying with each other
who shall raise most for their party. Monday was
rather a more than usually animated anniversary, for
Sir Morton Peto, the new Whig candidate, made his
first appearance at the one gathering, and Mr. Free
mantle, the Conservative was present at the other.
Tbe oonsequence was, that more money wail raised
on this occasion than on the former year.

ABH.—ArrscriNo Soins.—On Baturde7, the
12th instant, an affecting scene was witnessed by a
lady who visited a cottage in which lived an old and
faithful servant, in whoop family typhoid fever has
lately been raging. On entering the cottage, which
has but we room each on the first and second floors,
she saw a poor emaciated lad who had been on the
verge of the grave by fever, but mu' just recovered
enough to crawl down stairs. On emending the
stairs, she maw on the first bed a sister of the lad,
cold, in the arms of death. On another bed lay the
father gasping away hie dying breath, evidently put
all hops. And on a third bed lay the 'Ai and
mother delinons, on the pivot of uncertainty between
life and death. The father died at cos o'clock on
Monday morning, and on the name day his mortal
remains were consigned to the tomb with those of
the daughter. The contagion was rich that the
bearers and friends did not enter the house for fear
of the consequenoes. We are happy to add that the
respectable neighbours around had been exceedingly
kind to the family through their severe trials, and
that hopes ere entertained of the mother's recovery.

Tb• following is an extract from ti. ficoond Edition
(m• 188) of the Translation of the Phannaoopaeia of
Royal COlll4lll elf Ph sicians, of London, by Dr. G.
F. Collier, published by Loogmec and Co. —"ft: to..
small defier* in this oomplation (speaking at the
Phannateoposia) that we bare no purgative mass but
what °patois@ aloes; yet we know that barreorrhoidal
promos miamet boar alma, except it be in the form of
COCKLES PILLS, which chimer consists of alose,
scernmowy, and eolocynth, ',Lich I think are for
into a sort of compound extract, the acridity of which
I. obviated, I respect by an alkaline promos, and by •
fourth ingredient (unknown to me) of sit a:mouth) tonio
*stare. I think co better and no wane of it for he
Wag a patent mailkine. I look at it am aa mash od
mamma sad dowseth soismaisam, and do DM bed.
Isae to say it is the best male pill La tbe kisSa
saramalsz rime, a inemos pup, and a by i•
parr eombined, sad their earls properly ma by
• drat arid ust. not it doss sae sommoely
prodass boniorr, Uk. mast elastic pills, I MIAMI*
to Its being ttioroeghly soluble, so that no undionoirmil
articles adhere to the miaow omatimane.