The Sun.
London, England, 1833-11-22 00:00:00

VESTRY OF ST. PANCRAS.

An adjourned Petty Sessions was held yesterday morn•
ing, at the Gordon square Board Rooms, before Mr.
WWilliam, one of the county magistrates, to hear cause
from Mr. Goodchild, also one of the county magistrates,
why he refused to pay his assessment to the poor-rate.
Mr. AFWILLiam made some observations on the opi-
nions of the magistrates, who deemed they would not be
justified in signing distress-warrants, in consequence of the
opinion of the law officers of the Crown upon the legality
of the vestry. He had written to Mr. PhiHipps, the
Under-Secretary of State, mentioning the grounds urged
by Mr. Goodchild and his solicitor, Mr. France, in proof
of the illegality of the vestry, and expressing his desire to
be made acquainted with the opinion given by the law
officers, wherein it appeared that the magistrates would
not be justified in issuing warrants of distress for enforcing
' the payment of the rate in question. He bad received
a letter in answer, which the vestry-clerk would read.
The vestry-clerk then read the letter.
" Whitehall, Nov. 20, 1833.

" Sir,—l am directed by Viscount Melbourne to
acknowledge the receipt of your letter of yesterday and its
enclosure, and have to acquaint you that his Lordship must
decline transmitting a copy of the opinion of the law
officers of the Crown.

" I am, Sir, yours, &c.,
" S. M. PHILLIPPS.

" To R. M. M'William, Esq."
Mr. FRANCE proceeded to argue the illegality of the
vestry's election.
Mr. DouGLAs did nut see that the election had any
thli,g the appeal against the rate.
Mr.t FRANCE —Without a vestry there could be no rate.
Mr. M‘WIEELAst (to Mr. Worrell, the collector)—
What do you apply for ?
Mr. WORRELL—For a warrant to distrain upon Mr.
Goodchild.
Mr. M‘WILELAiit—Mr. Goodchild has - sled ; but
has shown no cause why it should not be i
Mr. FRANCE—It is quite clear you hi., determined
upon granting a warrant.
Mr. WWILLIAIt—I have not determined. What is
the date of the rate? (To the Vestry Clerk.)
"Air. FRANCE—I wish to obtain evidence as to the pro-
ceedings of the election.
The Vestry Clerk said he would produce the rate, and
be submitted that on the part of the parish he should
produce that, and that alone ; he would not produce the
proceedings of the election.
Mr. FRANCE—Mr. Goodchild demands the evidence ;
you will look to the consequences of the refusal.
Mr. GOODCHILD—I do not see when the rate was made.
The Vestry Clerk—On the 22d,0f August, 1833, by
the vestrymen of the said parish.
Mr. Goodchild and his solicitor then took down the
signatures to the rate-book—John Chapman, James
Braby, Joseph Henderson, and
.John Cook, for ulterior
proceedings.
Mr. GOODCHILD again called upon the vestry clerk to
give evidence of facts.
Mr. APWILLIAst—You have told me you are ten
times my senior as a magistrate, and I ask you whether
I, as one in petty sessions, should comply with your
request ?
Mr. GOODCHlLD—Certainly ; I am in duty bound to
show the illegality of the vestry, and I would stake my
existence that lam right. I am summoned to show
cause, and I am about to do so.
Mr. M‘WIELIA3t—If I look upon the rate-book and
see that the rate is good, I do not see that in petty
sessions I can go further.
Mr. GOODCIIILD—Then let me proceed to show cause,
or tell me that you will not receive evidence.
Mr. WWIELIAm—I am not prepared to go beyond the
book.

Mr. GOODCIIILD-Will you allow me to show cause
why I have not paid my rate? I cannot do so without
producing evidence ; and if I do not show cause, I shall
in a superior court be turned round upon and asked why
I have not done so.
Mr. M‘Wmr.rax—You can adduce what evidence you
choose, but I will not consider anything beyond the books.
Mr. FRANCE remarked upon the number of vestrymen
required by the Act in proof of their illegality, and
entered into the mode in which the polling should have
taken place. There were not, he contended, a sufficient
number of vestrymen to constitute the vestry a legal body,
and that therefore no act emanating from them could be
legal, and anybody acting under their authority having
the f icts proved before them were liable, and a section in
the Vestries Act provided a remedy to all parties aggrieved.
Mr. MlNViwast—Presuming that a rate is made, have
you to appeal against it ?
Mr. FRANCE-There is no rate to appeal against. We
are at inue that there is a rate made.
Mr. GOODCrilin—There is no rate, and we cannot
appeal against a nonentity.
Mr. M‘WitcrAst—The publication and the signatures
of the two magistrates you admit?
Mr. GOODCHILD--Yes.
Mr. M'SVILLIA3I—Then, that is the case on the p,trt
of the parish.
Warrant against Mr. Goodchild granted.
Mr. GooncitiLD—l will now tell you that I shall go
for a quo warranto. 1 shall let the warrant go into my
house, but Ido not mean to pay, but to replevy, as the
former would bar my right of action.
The Vestry Clerk wished it to be understood that be
objected to produce the proceedings of the election only
as related to the present case. He was quite at their
service now the business was over.

IMMENSE PEARS.—There are now at the
office of this paper, two immense winter pears, grown in
the garden of Sir T. D. Hesketh, Bart., at Ruffurd
Hall. One of these, called the Cadillac, measures in
circumference longitudinally 131 inches, and in circum-
ference equatorially 111 inches ; the other called Wedale's
St. Germain, measures, in like manner, 13 inches and 124
inches. The former, when gathered, weighed 191 ounces,
the latt r ISi ounces. They are both, and particularly
the smaller one, of a firm substance, and are of a species
suitable for preserving, in which state they are, we are
informed, rich and palatable.—Preston Chronicle.