The National Register.
London, England, 1821-06-11 00:00:00

.5 WEARING IN OF rim ILLEGALLY ELECTED
CIII.7IICHWARDENS OF _ISLINGTON.

BEFORE DR.PHILLIMORE, OFFICIAL TO THE ARCHDEACON
OF LONDON.-JUNE 7, 1821.
Ex pule ROBERT BLAMION, HENRY TRISTRAM, AND
RICHARD CHAPMAN.
This was a question which arose out of the illegal election o
the above gentlemen as Churchwardens of St. Mary, Islington.'
On Easter Tuesday last, the customary day for the election of
Churchwardens in this and most other parishes in the kingdom,
a vestry was held (according to customary notice on the preceding
Sunday) for the election of three Churchwardens, MeiSfs.Blasson,
Elborough, Chapman, Clark and Sanford were severally pro.
posed, and the choice declared by the Chairman to have laden
upon Messrs. Blasson, Tristram and Chapman.
A poll being then demanded for Messrs. Elbarough, Clark.
and Sanford, the vestry was adjourned till the .Monday tolluwing,
viz. April 30, on which and toe two following days the votes
were taken by ballot; in taking the ballot, however, the Gentle-
men who presided, ILLEGALLY allowed a plurality of votes to
such of the parishioners as would have been entitled to them,
under the recent act tot the regulation of Parish Vestries, had
not the Bth section of that act most clearly excepted the parish of
St. Mary Islinmon from its eflitt. On this subject a protest was
presented before the commencement of the poll, and a majority
(in cuss vuence of each illegal diowa ice) having been declared
on the ballot, in lasour of Messrs. Blasson, Tristram and
Chapman, a Caveat was entered, by which the swearing in
of tnose gentlemen on the 24th of May (the usual day) was
prevented. The argument on the Caveat took place on Thursday
last.

—The Learned Counsel in support of the caveat contended, that
the gentlemen who offered themselves to be sworn were not duly
elected. He said that the election must either be under some
local Act, under Mr. S. Bourne's Act, or under some special
custom ; that in this case no local Act was relied upon ; that by
Mr. Sturges Bourne's Act three days notice, beginmng on a
sundry, was required fot the holding of a vestry, which had not
been complied with at the election on Easter Tuesday ; but that,
in fact, the vestry was then held under the special custom of the
parish : that meetings held under special custom were expressly
excluded from the operation of Mr. Sturges Bourne's Act, by
which alone the plurality of votes was given ; and the election
being conducted with the admission of such votes was therefore
bad. He submitted, however, that this Court could not decide
upon the legality or illegality of the election, the office of Church
watden being a temporal one (and on this point he cited a case
front Blackstone's Reports), that the Court therefore ought to
wait until a Mandamus issued front the Court of King's Bench ;
for that the admission of the Churchwardens would be deciding
that they had been d..ly elected . and if this Court were to admit
the Churchwardens now offered, and the Temporal Courts
should hereafter determine that they had not been duly elected,
money paid to or by them for parish purposes would be at the
risk or loss, and much other contusion would arise upon all
their intermediate acts. The Learned Counsel concluded by
praying, that the Official would out swear in the parties offering
themselves to be sworn.

The Counsel for the Churchwardens Elect said.—" Here is an
election, entered in the vestry book; the book is tendered to the
Court us usual: the persons there stated to have been elected arc
presented, and identified in the regular way ; they demand to be
admitted : what reason can the Court allege for refusing to admit
them ? It is said, there may be great inconvenience in tile Court's
admitting Churchwardens, whom the proper authenty might
afterwards pronounce not duly elected. The Court, however,
cannot leave this large and populous parish without Church-
wardens; and, upon the whole, the Counsel submitted that the
Court was bound not to wait for a Mandamus, but to swear in
the gentlemen present, appearing by the vestry book to have been
duly elected."
The Judge (Dr. Phillimore) said, that it appeared that
there had been an elmtien of Church wardens, and it was held at
the usual time, and indeed on the very day pointed out in the
canons. He miscalled upon to swear in the persons so elected,
and if he refused to-day, a mandamus might issue to compel him
to do so to-morrow. lie should therefore admit them ; out he
begged it to be understood, that in doing so, fiE DID NOT PEW
BUHL: Ott 50 PNETEND TO DECIDr; ON THE LEGALIrr
OF THE ELECTION; his office at present was only ministerial,
to swear in the persons regularly presented to him as chusch•
wardens, which he accordingly did.

CI We have authority for saying that this business will only
rest during the vacation, and that no 1eg..1 effort will be left
untried to preserve the honest and industrious part of the parish-
ioners from this tyrannical attempt of their aristocratical neigh-
bours, to deprive them of their fair share of influence in the
parish business.—ED.

THE CORONATION.—The rapidity with wkich the
workmen proceed in the completion of the interior
of the abbey is truly astonishing; already the gal-
leries have ;Assumed an imposing appearance. The
public are not aware that the preparations for the
Coronation in the Abbey are divided between the
Board of Works and the Dean and Chapter. The
Dean and Chapter have given orders to engage a
further number of workmen to commence their la-
bours this day, and the whole will be finished, it
is calculated in three weeks. The various ornaments
of the seats to be occupied by the Peers and Peer-
esses are in active preparation. The banners, flags
and heraldic insignia are being painted by some of
the first artists in the country.
A high compliment has been paid to the talents
of the Liverpool bankers, ter out of 80,0001. in
notes sent up to town in exchange tbr Sovereigns,
there was NOT ONE forgery. They declined the help
of a Bank Inspector. From Manchester 200,0001.
had been received, and only ONE forgery amongst
them ; they had a London Inspector at that town.
About 120,0001. has already been expended by the
Bank fur machinery, building, &c. to make the new
notes, and there is a talk of the plan being aban-
doned. A few days ago, a 501. Bank of England note
was paid in, that was issued eighty years since.
The principal posting houses in York reduced
posting a few days ago to one shilling a mile.
Two bits of indictment were prepared by the
mock Constitutional Association against Mr. W.
Hone, in order to be preferred to the London
Grand Jury at the present sessions. The labours
of the Grand Jury terminated on Friday without
the association being able to muster courage enough
to present them.