The Express.
London, England, 1859-05-06 00:00:00

COURT OF COMMON
Ninny in B42lol).—(Befwe Lord Chief Janke Cooking'',
and Justices Crowder, Wilke, end Bylai.)

11r 6.

000Pla V. LAW.—CHURCHWANDIXS AND Yill7/11T CLERKS.
The plaintiff was formerly one of the obarchwardens of
Allhallows the Less, sod Lis declaratlos alleged that they
retailed the defendaat, the vestry clerk, to affect the church
rate mad. for the mar of the church. That the defendant
collected the rate, and partly expended it in pa) fug for the
repairs; but other prat of the rate was misappropriated to the
payment of nuns sot legally chargeable on church rates;
sad that in conestmence the piaetiff and his co-church-
warden had been rendered Halls upon the contract for doing
the rostra. The care GLOW on for Wel before the
Lord Chief Justice, who naked the jury whether the plain•
tiff knew of the practice of melting these payments, and by
not objecting has sanctioned the defendant in making the
ptyments, sad the jury found io the affirmative. His lord-
ship thirimpon directed a verdict for the defenchiut upon the
principal mite ; but subsequently a rule was obtained to enter
a verdict for the plaintiff an that UMW, or fora new trial, upon
the pound that tame old pallet bootie had been improperly
Witted in evidence to show dm tartan lammed ha theperirlt.
Te-dsy cause was shown against this rule Icing made
altectbstit.

M 7.111. Smith and Mr. Maude appeared to show cause; and
Mr. Collier, Mr. Prideaux., and Mr. Garth to support the rule.
The Lord Chief Justice said it appeared to him that
the rule must be discharged. It seemed quite elm
that the payments made by the driendent had bees merle
on bash of end with the sancii,na end epproval
of the platatif. It seemed quite clear that, according to the
practice of a hag series of years, the ehurchwiesdens did sot
tames themealris the discharge of the duties incideatel to
the elk*, bet left thine duties to be performed by the vestry
clerk neder the direction of the vestry. It appeared that for
a leas Milli of years payments were made out of church
ratty which were not legally chargeable on that fend, end
and that under the direction of the entry. As the church-
wardens had for a mice of years delegated their authority to
the entry, payments made by diret Lou of the retry athat
be taken to be made by the authority of the aharchwrodas
themselves. Indepeadently of that, it speared to
Ma that the jery were waneated in finding that
the *stand know of ad acquieeced to, and by such
ltacerkdp sad acquiescence rim ti,osed the payments them
irregularly mode oat of church rata. The phiailfr had
been for several years a member of the 'vestry, he had been
tee a cull Imager period an inhabitant of the parish, and he
bad filled the elks of auditor, aid passed accounts containing
similar items to those sow said to be illegal. It was therefore
hmrissitt'e to my that head notknow of these payments, and
lowering of them did not innotrie. lie thought that the
lading of the jury was and that that finding enii.led
the den orient to judgment. Re also thought that the I arish
broke had been properly received in evidence, and upon the
whole c. se he satortained no doubt that their judgment
should be in point of law, as is point of justice, equity, and
fairness it unquesticsably ought to be, for the Ortandeat.
Rale dlacharged.
MIN" at Nfei Prim, Ila Londem.—(Bstere Mr, Justice
Williams sad • Comsat J sty.)

COOTSI V. LLOYD.
Us bearing of this ors ti ranunad ads ,
Mr. Lazion and Mr. Fronton apparel foe Ms
lind Mr. 011.1ley and Mr. !rands fof dofeadant. ;
Asa Wateoa ar ealltd In support of likelaintiff'. owe.
Mka sid—l midi at 4, Slackbattlt-park. Mn.M Lloyd cam*