The Sun.
London, England, 1844-05-08 00:00:00

ST. STEPHEN'S, WALBROOK.

Yesterday the anuual visitation for the purpose of swear-
ing in the persons who had been elected on the Thursday in
Easter week to the office of churchwardens for the different
parishes in the city of London, and also to receive present-
ments connected with the church, was held at St. Sepul-
chre's Church, before Dr. Robert Phillimore, the Surrogate,
in the absence of Archdeacon Hale.
Upon the parish of St. Stephen's Walbrook, being called,
Messrs. F. Rock and Flight, who were elected at the annual
vestry by the inhabitants of the parish to the office of
churchwardens, presented themselves, as well as Mr. Alder-
man Gibbs and Mr. Whitaker, both of whom, it will be re-
collected, from the report of the vestry meeting, left the
church and retired to the house of the Alderman, where, with
the assistance of two or three others, they elected themselves
also to the office of churchwardens.

Mr. Alderman Gibbs, who was attended by Mr. Bodkin,
barrister, on presenting himself to Dr. Phillimore, handed in
a declaration relative to the very dilapidated state of the
church of St. Stephen's, Walbrook, which arose from the
want of proper funds to repair and beautify it.
Dr. PIIILLIMORE then cc quested that the two gentlemen
who had been elected to the office of churchwardens for the
ensuing year be presented, for the purpose of being sworn in,
when

Mr. Alderman Gibbs, for the twenty-first time, presented
himself, and a Mr. Whitaker, as his colleague, as having
been duly elected by the vestry to the office of church-
wardens.
Dr. PEILLIMORE said there was a difficulty in swearing
them in, for a caveat had been entered by Mr. -Rock and Mr.
Flight against any other individuals but themselves being
sworn in.
Messrs. Rock and Flight here presented themselves for the
purpose of being sworn in, when
Dr. PHILLutoRE inquired who presented them to the Sur-
rogate, and proved that they had been duly elected?
Mr. ROCK said he imagined that it was the duty of the late
churchwarden, Mr. Alderman Gibbs, to present him and his
colleague, for it was well known to the Alderman that he
and Mr. Flight had been duly chosen and elected in a public
vestry to the office of churchwarden, and they, in support of
that election, now presented themselves for the purpose of
being legally inducted into that office.
Mr. BODKIN observed, that he had the honour of attend-
ing oa behalf of Mr. Alderman Gibbs, who, he contended, was
the only legal churchwarden ; that by the constitution of the
parish it was governed by a select vestry, and only the mem-
bers of that vestry had the power of electing the church-
wardens, and in the performance of that right they had re-
elected Mr. Alderman Gibbs, and with him they had placed
Mr. Whitaker.
Dr. rnii.isaionz said he was aware that, unhappily, a dif-
ference had sprung up in the parish, but with that he had
nothing to do, his duty being merely to swear in the persons
who were elected to the office.

Mr. BODKIN contended that no doubt could exist that
the legally elected persons to the office of churchwarden
were Mr. Alderman Gibbs and Mr. Whitaker. There were
many precedents to show that in all disputed elections the
Surrogate swore those in who were elected by the legal
vestry, and there could be no doubt that the only legal
right of election was vested in the select vestry of St.
Stephen's ; still, as he was anxious to relieve the Surrogate
of any difficulty, he would suggest that the four persons
who had presented themselves should be sworn in, for it was
evident that the question as to who possessed the right of
election, the select vestry or the inhabitants generally in
Qublic vestry assembled, must be decided by the Court of
ueen's Bench.
Dr. PHILLIMORE said, that the only difficulty which he had
was, that only one set of gentlemen had been duly presented
to his notice.
At this juncture the Rev. Dr. Croly entered the vestry,
when he said that he presided as the chairman of the vestry
in which Messrs. Rock and Flight were elected as church-
wardens, and he should, therefore, present them.
Messrs. Rock, Flight, Alderman Gibbs, and Whitaker, were
then sworn in, the Learned Surrogate thus leaving the point
in dispute to be settled elsewhere.
Measures have already been taken to bring the matter
before the Court of Queen's Bench, for as the parish is unable
to obtain any proper account of Mr. Alderman Gibbs, Messrs.
Rock and Flight intend to proceed upon their duties at once,
especially as Mr. Alderman Gibbs has made a church-rate of
Is. 6d. in the pound, but which will never be collected.