The British Press; or, Morning Literary Advertiser.
London, England, 1806-08-13 00:00:00

SU ligrr 4 cVZ ES.
GUI LIJIFOAD, FaM4Daire UM. "
ItVgSF. v, v. 1111••TVV. •
This case, which -07,44 tried before a Ssecial.loary,
excited great interest in the tow,' of Guildford. It
was an issue to try whether the( Plaiut•ff, Res-
WI, WAS duly eleae.l to the' office of Ceurchware.
der of the perish of tae Holy ftini y, within this •
town.•
Mr. Se rj sant l•••H F !I X IMF, ;tlao con
the-emcee
for the rafted the question te be
submitted to the Jan', ohievired, that the Ifielindant‘
Mr. Nlartyr, was the rival candidate fur the ofl e
of Churchwarden. When he considered who Mr.
Martyr was, that he was a geaderniin ot tontine and
respeilebtlity, that he had been Meyor of the town.
and enjoyed many ()the s of their civic honours, anal
that he bad also been, for eleven years lest pee. the
Churchwarden of the perish, and held the place now
in litigation, he ceuid not help thaileng thet there
must be some vale able ref vie to he easeeeo free.
haps Mr. Mat was I.lll*llivtg that any sae should •
rival him in conferring those beilefi'a upon his mesa-
awn, which he alone had been used to confer twin
them. Wilaterer the motives might be. ter' 'u
was, that :his office of Choi chwardee„ which gene
thenen in general were most glad to decline front
accepting. in this tnwti of Goildtoid had some secret
charms, which nude It eagerly coorted. But
al-
0011kh Mr. Many- • the efen dant, had kept the office
fur eleven years, it was, neveriletess. an mortal of-
tice. and the parishioners Met every Easter 1 War
to renew their election. •In Purim-once of tins cus-
torn, they met last Easter Pill e•diie. aid the cendie *.
dates were, Mr. Ilussel, the and Air. Mare
tyr, the Defendant.. It was teen agreed by the
Vestry assembled. teat the poll should be kept open
until four o'clock on the fueeley, and so it as;
for just at four o'cloi k, while the church clecic was
aduelly striking. a pi-rson WAI suhseriheeg :Fit lian'
in the poll-hook, as a voter f'r Mr. Maerr Bet
Mr. Martyr's friends finding he was thee behind n
numbers, heisted dirt the poll should not th••n claw,
and they argued for tins absurd proposeien, ti at it
mutt be kept open as long as -ale one vete, remeio-
IA unrolled, or the candeietes iii,l not mu udlit
agree to close it. • So. that it was in the power of
any one obstinate voter to keep the elietlion unde-
cided to eternity, by saying—" Here, I am ; 1 am
a voter, and intend some tame to vote, vitten it shall
snit my pleasure ; hut, in the mean time, yon shalt
keep the poll open until it dies suit my pleasure."
In Taft. on the day of election, there remained but
two eaters unpelied, eat doe of them was an old
woman, wan did not know for whom she %yr +e
brought to the church., For being pit upon the
table, she exclaimed.—=" Owed. Lord, wow arts
I to do here Goecires" said 'Ley, i• don't
you remember your old :friend. Mr Marys
you must vote for him.yeeii Remember him,"
slid the old woman. o Aye, G.J hless him, I
remember him is the Batouge ever since he
was as high as my knee. To be sure I'll vete
fur him."—And thus, his Learned Friend must
contend, that they wets bound to wait for all the
odd women in the parish, who were in the interset
of Mr. Martyr. It being, however, found, that.
this would net do, Mr. etartyr's friends had tee
course to another expeiient ; though dee chirrets
clock had struck tour, they said, the town clock ,
wetted a router. I his might be se; and a chi&
sometimes was regulated for a particular purpose.
instead of the clock itself regulating that purpose,
and having aded by the parish clock, die Vestry was
perfealy justified in attending to that, rather then
the other. Another objeCtion was thee started ; that
the town had no notice of the Vestry, and trot
know that any hills were placarded tabour tee streets ; g
but he behaved it was as r otorious to all the inhabit-
ants that the vestry was met, as that they were now if
trying that cause. In short, Mr. Martyr was fitted!'
votes behind, and the town might prove their bad
taste and want of judgment in refusing to continue
Mr. Martyr their Chuichwarden, yet they had so
done, and their choice was law en this subj,a.
Mr. Sturt, the Towti-Cie. produced the poll-
tweet, by which it appeared, that at the last eleation
for etiureleivareen, the numbers were in forme
of
Mr. Ruhel, by a majority of 17. On the open d •
of the poll on Faster Monday, it was agreed by tt
Vestry that they would consider at the end of that
day how long it shoolt be continued open. And
accordingly. at the end of the dad', they resolved
that it should continue open until four o'clock the
next day.
On croiseexaminatine as so the mode in which
this reselutien was iakt.ll. it Appeared. that the
sesta of the Vestry was rot takes by any regular
question being rut to them ; but that it appeared
by the sense of the m .jority that it should be so.—
This was confirmed by other Witnesses ; and one
Witness, of the nam. of Jones, sad. he :gaminy pet
a question upon it; out he edinitted, that he put
the (re:sties on the affirmative side on:y, and s,ot
on the negative.
A long discussion ensued among the Counsel he
the cause, re.ethipe, under these circumstances, tie
sense nt toe majerity of the Vestry was takes or not.
Ile Learned Judge (flatten) was clearly of opi-
nion that it was ere, end that therefore the clesing
of the poll was without authority, aid the ele9ion
imperfect; he, of course. dinged the Jury so to
find ; but the Jury hesitated a long time, and or
last, when they delivered their verdiel, they said
they had no doubt of the sense el the Vestry being
so; bet they found their rerchet at the express die
reaioa of his Lordship. And ox his statement of their
being bound to do so by law.
rsaav v. "MAUI.
Tae Plaintiff to this case stated in his declaration,
that he bed a right to tile whuie of the webers of the
River Wendle, except what was drawls tbroeigh •
particular pipe of tour inches 6111111ffikits ; bet that
ihe Decadent, in ii•jui y of us nada. had diawn
eway larger quantities, mid thereby imped‘d dte
working of his
Mr G•eaow, for the Plaintiff, stated. tEst hi.
client, Mr. Perry. we, the prow ietor of corn milli,
which he h. d ereaci at Meren, in Chia county, and
the only question in this cause was. Thriller 10 or
12,t:031. which he had expended, should be literally
all wasted, end rerd.rsd of na eird. by the retie.-
a ice tat the Defendant. who thaught proper to divert
the water. n for any pu• poses to himself,
but merely au matte waste of it. It was not
new in the binary of ziaman miter* that each char