The Sun.
London, England, 1858-04-27 00:00:00

CHURCH RATES.

andeBe Samuele
tabhsl
see
trsurae t
e 3
m:
nth
.e Kendaln Mercury, April 24 )
irtaoastAwte_;.stphirtiTepe(e,hl/Pee2e.ottty Sessions at Aneeleside, on Wednesday
occupied for nearly y ehr:edge'
Lq•
ing two cases of S (chairman), Dr.
Esq., juo.—the court was
H. Taylor appeared
Davy, and
twooninsidtehre-
x:mcuiolgtne hourssummons
ier
considerablei ntihearing
-payment
intereste and
ntefe church
cited authority to sheo Martineau was first taken. Mr. J.
item in the rate, the
that he bad other objections, The case of Miesevvas a numerous attendance.
contended, were illegal items, and
H
show that when there was one illegal
for her.
and "ant" that the court could He pointed out two items
in the rate, whicn, b
show that his ?Id rate was tainted, and stated
client had bona
but merely named those to
fide objections to the rate,
; he
banded
decide as to the validity
of the objections
ground of its a
client, stating first, a
a the rate.
that
rephi
aa: protest o,
edt
ft .
wouldseei
shdisc3ot i
tutei
oteleddase,b.issue. against
eesic(vilotalime.ita,r notice
ahneweye.erniligprge2areeb7otdete.cd
proceedings
yi
di
against
nthhghi :ae
and, thirdly, that illegalityan action ; secondly, disputing its val dity ;
enforce naf tie rhcune
sa suchsatisfactory
aeo
cf
ttobr the
y court
pniwra:eos"f
Cleared
t od ei
fpwourhreet
when
enforcinge;eweaesls
theta t 0
fnevi
If d,
ra
,ambTtohhueitscah noticeugruc ahr
ratet
ewra ofs r
i given
oar n
reason i
hour, n
Taylor,payment,
eEnstq.., oiseenting) that no
ant should be exempt from pay-
ingiacs
egai given
on
r(wi
ehryttoh
the sum assessed pen her, and therefore we must
The case of Mr. Crotfield, one of the Society of
Friends, was teen entered
peered on bis behalf. Re upon. Mr. Wainwrignt ap-
minute, "not to be paid
on cross-examination
until a legal opinion is obtained,"
the estimate for the rate,
had been
opposiee two items in
written by the chair-
men of the meeting (the Re,
of the churchwareodfethnth,
rate had been laid. Mr. 81. Fell) at which the I
Wainwright then handed to the
chairman a similar notice to
case, and contended that the ratethat given in the former
i; legal. He said his first ohj otio was both irregular and
the rate was inconsistent with tueveas that the notice for
the rate was bad in laying a rate It estimate itself ; that
tions to other chum che, the rool h_t )1' payment of propor-
and Windermere; inee:neoch.
as
the
churches of Grasmere
intimation of anything further bee, notice contained no
laying of a rate for the repairs
of A:lig required than the
expenses chargeable thereto ; also rnt,leside Church, and
the estimate were improper. Mr that several items in
thercctlient .to contest every
merely gave these objections
his client in disputing the validity hove the bona fides of
de-
clared it was the intention of his., of the rate, and
Dr. Davy interrupted Mr, Wainwright, asking if hie
client would not Iwo given a similar notice if there bad
been no legal ohjections I
inch of ground in reference
Mr. Wainwright—lf there bai h
no legal objec-
tions my client would have allow -4, ,i been
the court to adapt its
own course, however obipetiowthi
e the thing was in
itself. Mr. Wainwright then said
the rate is bad ab
initio, and I serve you with thatHe cited toe
case of " Reg. v. Wrotteeley', (in i notice.
i
and and A., 648),
and that of Dale v. Pollard" (16 'Lan.
that the notice given complete'.
J oustewdjth
Jour.), to show
the jurisdiction
of the magistrates when there was a bona fide dispute of
the validity of the rate, and protested against their de-
cision upon that validity.
The clerk of the magistrates here observed that Mr.
Crosfield was a Quaker, and that the law did not apply
to them as to others.
Mr, Wainwright said that was a most ut2graoions ob-
servation against his client • but it fortunately happened
that the sth and 6th of Wm.lv. e
xtpirsly stated that
they (the Quaker=)deat should be with according to
the statute of 53 Gee. 111., under which the cases cited
had been dealt with.
The court was again cleared for b a out a quarter of an
hour, when the Chairman said—n
e,n the rou d
same g , n sas
we considered it our duty to enforce Miss Martineau's
rate, we shall enforce this.
Dr. D ..vy—We consider the objections neither reason-
ble nor valid.
a - -