The National Register.
London, England, 1822-10-21 00:00:00

THE NATIONAL LEG ,STEIt

the loss of 38 thy,' hire, that period braving elapsed between
seienre and the release which was afterwards made.
Ar. Cuaty u, IVr the defendant, had two objections to snbadt
iu Ina of to, precut action. The lirst, That at was improperly
brou,;ht , lora.mut It as it should rather have been an actioa to
recover in the way ui debt : the second, that it should in soy
case 'Mee brew us ngititisl the elicibe ()Stela' by tshoa, tLe .cradle
had been wade; etc winds spoken by the derendsut, seep, d.
big to the evidence of the bast triunes, acct u.iiig aullizieut to
sustain the present action.
Cue Lord C7.iefJustico was of rpinion thst the words were
sufbcient to sustain it. The defendant might have told the
pisintilf, bad he that Id proper, that he would. see Lint paid,
altt then have broti.4l.l Lis action against the olliaer, which
would bare enabled him to do so. A. it aas, be had untde a
promise explicitly enough to the plaiatia; who, to consequence
of o,at promise, Wight Lee been prevented crow ploceet:nig at
the time (a. he perhaps would otherwise have dude), by me-
usuri,diria4 the iitiard of Excise fur the release ore his 1f1)4 de
and c,:rt.

The allllle witness, cross-examined by Mr. Co:Ilya, said that
the defendant had hoeueliaNed 12s. a (lay for the hire of the
horse and curt. This wits a very moderate charge.
The Jary foind a verdict fur Cie plaiutitr —llamajes 221.
1614—costs 10n.
SIG*I7INGALC o. TIIC rIONICHWARDENs OF witirmatiAru..

_ . .
Mr. Gurney, on opening this case, mii4l, that it was au action
Mooed a^ainsi the ricfaudants fur havin; made a false /t•turn
to • marriamis, which had issued frem this court, directing a
true r: turn to be made of the proceedings which had tat en
plats in the election of a seston fur the parish of Si. Mary,
hitechapi I. Ily an act passed in the 58th of Geo. 111. Ow
Select Vestry Act ), it was provided and declared that all per.
lions paying an annual rent of more than 301. should lie entitlrd
to mole than one vote in parochial vestries; and so on, accord-
ing. to a scale therein set forward. The plaintilia conceived,
that excluding the votes of such as were priiiieged to tender
mure than one vote each, u Mr. Wildman bud been duly elected to
the mute is c.oestiou ; fur the grail, men of 11 bits:shapel had
on a former occasion come to a resolution that this sot of Par-
liament did nut aiptdy to them. The Jury would used, however,
that in terms it did apply, and it was not the rote of a vestry
which could set it abide. however, who had must
vole, Mel adilig the Worn' mint, was nut acoepted as the re •
turned candidate; end a Mr. %Viktor:in, who haft inure single
antes than tiiinsele, had bete declared sexton. These were toe
circumstances under whieti the plaintifloow sought his remedy.
John Smitli, the Va.siry Clerk of the parish of Si. Mary,
Whitec'apel, said, the (Alice of sexton beiug vacant, ao election
of a candidate to 1.11 it was held ou the llth and 12th of De-
cember, 1821, iu the Vestry -room. Mr. Nightingale was one
of the sandidutes, aid had 639 votes ; Mr. %I ildruau, the other,
ha. 11.131. The number of votes given by
-persona emitlcal to
more than one vote each was 167. None of Mr. IA thliunn's
frt.-Ws tendered more titan one vote each.
Mr. Sandell admitted that there should pare been a majority
for the plaiutiff, if the plural votes tendered fur tug bad been
accepted.

The Lord C:sief Justice understood Mr Searlett to wish the
CO.lll to ronsider (taking the various bawls of retest &c.,
pro-
duced in this cause as reed), whether the mei, which gave a
plurality of cotes in certain eases wee or was toot o iterative in
this instance— whettier the parish was or wt.* not to loe go-
ctrncti the act 1.

Mr. Scarlet% said that was his meaning.
The witness said lust ilitaina was cussidered to have been
re-elected accoriiing to the usual custom of the pariah. ‘V it-
pleas was examined at considerable length, by Mr. Gurney and
.111.Scalcit us to the iniuciple on which it had been 'marl to
levy Cite dafferimt patisli rates in NVhitecbapel. Vv lieu the dis-
cussion took place as to the sin:lit:46:m of the Select Vestry
.Vet to the election of iLe sexton, (which was immediately before
that election sits held.) it was decided by the vestry meeting,
that n i plural votes should be accepted. A Mr. Salim kchurcii-
warden) protested against the derision, as witness I:thieved :
earminly he tenured his balances at the close of the election,
when the plural votes were rejected.
'the resolution of the vestry was then read, which grounded
its dissent from the application of -the act of Pariimuent
Geo. 111.) un the kith sectioo, which expressly exempts all
parishes from its operatiou that are governed by former sots of
Parllsmeot.

The Lord Chief Justice said lids was evidently illegal. The
w-a bound by the set. of worse, if iuteuded by We teruas
of the set.

Tlm next resolution was to the effect that the churchwardens
shouid lie indemnified for all expetices that ini„lat be incurred
by reason or the election of' sextons being fetus, ed to ptocesd
alter the old form rod castuni of Whiter hap:..l.
The Lord Chief Justice held this to Le alba clearly illegal :
it was a propos:J to indemnify polies for resisting as act of
o4t.

A resolution was Oen cited regarding the course to be Nu-
-I.llCli in the theis ensuing elecii.m. lids was declurcd to be
unoli.aoux."

The Lord Chiefiastice said this was mere nonsense. The
" ussaimuus" resuiatios jail read was followed be " the pro-
test of T. B:aith, Eng." against it.

- . -
Mr. Scsrl.o Iheu conleuUed. that though the questiou of the
of the *mime in the city and liberties of Loudon,
uue or both of thew, must for the ',resent be considered. as
reserved; it was open to him to show that the vestries ut
Whitetlivel were held by custom. The custom was to
allow one rote °sly la each inmatitant householder. Now.
thr bib sectido of the Select Vestry Act excepted those, pa-
rishes to which otuy former stamte, or re tired pecui;Ar cus-
tom, applied. Seemed acts had regulated, iu furl, the tory-
idg of certain rides iu Wleiteehapel ; end this fact, together
with the Ca% kiSJI be spoke of, would, be thought, sustain the
eteurnion.
. . .

en.; Lord Chief Justice thought that this argument was
important ; Lot pedlars the better way would be to make a
case of it. Hie I. truship told the Jury that some doubt did
exit as to the upplicuti.m of the Inbt r.ct ; and
The Jur• , unuor Lis Loriluhip'u tumid vordict—
Dainnex I a., costs 4:4.—aultp.ci to a