The Sun.
London, England, 1822-10-17 00:00:00

WIIITECHAPEL PARISH.
NIGHTINGALE V. MARSHALL AND ANOTHER.
This was an action against the defendants, who are Church-
wardens of the Parish of St. Mary, Whitechapel, for making a
false return to a Writ of Mandamus, commanding them to pro-
ceed to the election of a Sexton in the said parish.
Mr. GURNEY stated the case.—The office of Sexton having
become vacant, an election was held at the Vestry on the 12th
of December, 1821. The candidates were, Mr. Nightingale
and a Mr. Wildman. Before the election commenced, a dis-
cussion took place on the question, whether they should vote
according to the provisions of the New Vestries' Act, which
allows a plurality of votes to persons in proportion to their
property ; or proceed according to the old custom of the parish,
which allowed but one vote to each person. The result of
their deliberation was, a determination not to be governed by
the 58th of Geo. 111. but proceed according to their custom,
" and this (said Mr. Gurney) was an instance where a parish
supposed they had the power to repeal an Act of the Legisla-
ture." A Mr. Smith who was present at the Vestry, protested
against their decision, yet they entered it on their minutes as
a unanimous resolution. At the end of the contest Wildman
was returned to the office of sexton. None of his friends gave
a plurality of votes. Several who voted for Nightingale, voted
according to the provisions of the 58th of George 111., and
that circumstance was the cause of losing his election. Had
such votes been taken, he must have had a majority. The
Learned Counsel contended that the return was bad, inasmuch
as the Parish of Whitechapel had refused to proceed legally
with the election.
Mr. SCARLET T submitted, that if the Parish had agreed to
conduct the election in a particular way, it would not be void.
The LORD CHIEF JUSTICE observed, that Mr. Scarlett
must prove that the election was taken out of the provisions of
the Act authorising a plurality of votes, otherwise it would be

bad. -
The Resolution of the Vestry, declaring that the 58th of
George 111. could not be acted on by the Parish, was then read
in evidence. ,
The Vestry Clerk proved, that Mr. Smith• protested on the
first day of the election against the decision of the Vestry.
The LORD CHIEF JUSTICE said, the decision of the Vestry,
with thz protest of one of the Vestrymen, could not be unani-
mous,
Mr. SCARLETT then stated that the Vestry of St. Mary,
Whitechapel, was regulated by an old Act, viz. 46th George
111., which was not repealed by the 58th of his late Majesty.
The Lord CHIEF-JUSTICE suggested putting the difficulties
which arose on the construction of the different Acts of Par-
liament relating to this parish, in the form of a special case.—
The question would be, whether the provisions of the 58th of
his late Majesty, which gave a plurality of votes, applied to
this parish, and the doubt might be best determined by all the
Judges of the Court.
Counsel finally agreed to make it a special case, and as there
was no doubt upon the facts, the Jury found a verdict for the
Plaintiff—Damages Is., subject to the opinion of the Court.

KINGSTON SESSIONS, OCT. 16.
VAUXHALL GARDENS.
On the application of the Proprietors of Vauxhall, the license
for the ensuing season permits the Proprietors to employ pro-
fessional dancers, for the amusement of the company resorting
to the Gardens.
ASTLEY'S AMPHITHEATRE.—MT. DAVIS, Surviving part-
ner of the late Mr. ASTLEY, applied to have the license for
this Theatre renewed in his sole name, on the ground that Mrs.
ASTLEY, the Widow, had no property in the concern, nor any
capital to employ in its maintenance. Mrs. AST LEY opposed
the application ; and the Court, after hearing Counsel, decided
that the license should be granted conjointly to Mrs. ASTLEY
and Mr. DAVIS.

REMOVAL OF THE PRISONERS.—To-morrow the
prisoners who stand committed on charges of
felony, will be removed from the several gaols
in the city of London and county of Middlesex
to Newgate, preparatory to their taking their
trials at the, ensuing sessions at the Old Bailey,
which will commence on Wednesday next.