The Statesman.
London, England, 1818-05-07 00:00:00

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LAW INTE L LIGE NUE.
COURT OF KING'S BENCH. MAT 6.
THE LESSEES tly THE JEWS' SYNAGOGUE V. SIMMONS.
This action was brought to recover 181. 19s. 10d.
the rent of a seat in the Jews' Synagogue in Den-
mark-court, Strand (commonly called the • West-
minster Synagogue), and a sum for certain other dues,
known under the Hebrew names of mitoos, minyow-
men, and go:And-keeper.
Mr. SCARLETT, in stating the case for the Plaintiffs
(surviving lessees), observed, that upon the rent of the
seat for a number of years, at the rate of 21. 3s. per
annum, no difficulty could arise. With respect to the
dues on the performance of certain religious cereal..
flies, relating to the worship of the Ark, the burial
of, and mourning for, the deed, and the preaching I
and reading of the law, he apprehended there would
be as little difficulty. The Synagogue in Denmark-
court had been established since 1797, and the De.
fendant had regularly attended (though not so tegu•
larly paid) until 1813, when he left it and joined
another congregation, leaving his arrears undis-
charged.
Mr. Justice ABBOT suggested that the case was
very fit for a reference, and Mr. ScAnt.Err expressed
his readiness to submit it to the High Priest of the
Jews, or any other respectable itidividoal of that per.
suasion; but Mr. MARRYAT, on the other side, de-
clined, as the Defendant wished to settle the point of
law.
A lease, executed by John Scott, C. Idle, Robert
Adamson, and Phibbs (lessors) to Jacob Hart,
Aaron Lazarus, Jacob Lazarus, Israel Isaacs, Moses
Jonas, Lyon Benjamin, and Phillip Philips (lessees),
was put in. It was admited that Jacob Hart, Ben-
jamin, and Isaacs, were dead, and that (be Plain-
tiffs were the surviving trustees of the Synagogue.—
The lease was dated July 4th, 1797, for 29 years,
at 801. per annum daring a part of the term, and at
901. during the remainder.
Mr. Simon Tish, secretary to ethe Synagogue in
Denmark-court, deposed, that he knew the Defend.
ant, David Simmons, who, more than 20 years ago,
first occupied a seat there : he paid for it until Sep-
tember, 1809, when the new year began : he paid
21. 3s. per annum: he occupied the seat, having the
key of it, till September, 1813, when he left it; his
son, a minor, had a seat for the last two years, at
16s. 6d. Tile Defendant never paid regularly, but
occasionally with the sums due for offerings, was-
lights, &c. The whole amount now due was
181. 19s. 10d., to which the Defendant bad never
objected, but promised payment.
CI oss-examined.—The Synagogue was under the
management of two wardens and two treasurers, one
receiving the seat rents, and the other the offerings.
The priest or reader, &c. were paid by them, and
they discharged the rent and the ezpences of repairs.
If there were any surplus, it was put into the gene-
ral fund. When a member of the Synagogue wished
to marry, or bury one of hib family, he first obtained
a certificate from the wardens, and it was not given
unless his arrears were paid.
Mr. Justice ABBOT put it to Mr. Scarlett, whether
he could maintain the right of these Plaintiffs to re-
cover for the offerings: they depended upon quite a
different ground to the seats.
Mr. SCARLETT doubted whether he could support
the claim, or whether it could be obtained in any
action not brought by the whole Synagogue.
Mr. Justice ABBOT added, that the same doubt
had struck him, and he threw it out in order to pre-
vent an unnecessary exposure of private affairs.
Mr. MARRYAT, Counsel for the Defendant, pro-
ceeded to ask the witness, whether the Jewish per-
suasion was not in opposition to Christianity ? when
Mr. Justice ABBOT said, that upon that there
could be no doubt; the Jews, as every man who had
read his Bible could tell, did not believe in the Di-
vine Mission of our Saviour.
The witness added, that the lessees always attend.
ed the General Meetings of the Treasurers, Wardens,
Assistants, &c. The Wardens and Treasurers were
generally elected every year.
Mr. SCARLETT consented in this stage to withdraw
his claim to the sum doe for offerings.
The Plaintiff's case being closed,
Mr. MARRYAT objected that the deaths of some of
the lessees had tint been sufficiently proved.
Some evidence was accordingly adduced to supply
the defect ; but it appeared by Mr. Tish, that Jacob
Hart, one of the lessees, was alive some time in 1813,
consequently,
Mr. Justice ABBOT, on comparing the dates, was
of opiniotg that the Plaintiffs could only recover for
the half year subsequent to the death of Jacob Hart.
Mr. NIARItYAT then objected that the Plaintiffs
were not entitled to maintain the action, as the Trea-
surers only let the seats and received the rents. To
support the action a contract must be shown, and if
there were any, it did not exist between the Plain-
tiffs, who were merely lessees, and the Defendant.
Mr. Justice ABBOT over-ruled this objection.
Mr. Matta-rat then submitted that the action
could not be supported on another ground : he had
looked at the law upon the subject, and found that
it did not tolerate a Jewish Synagogue, and conse-
quently would not tolerate this action. Tree it was
that the principal Synagogue had been built under a
Royal grant in the reign of Charles 11., Jews having
been encouraged during the Protectorate; yet it was
not open to all or any persons of that religion, with-
! out licence or controol, to build or lit up a synagogue,
to contract debts, and to bring actions for debts con-
tracted with them. Even Protestant Dissenters were
not tolerated without a certificate of registry, com-
monly called a licence: the Toleration Act • did not
even extend to them without it, much less to a Jewish
Synagogue.
Mr. Justice ABBOT asked, if there were any Act
prohibiting the erection of a Jewish Synagogue; and
Mr. MARRYAT admitted that there was not. Mr.
GURNEY said, that there was au Act legalising the
marriage of Jew'.
Mr. Justice Anttor.—lf there he no Act prohibit-
ing it, I shall not, sitting here, say that it is unlawful.
Mr. MARRYAT added, that the doctrines preached
in the Synagogue sere in opposition to Christianity.
Mr. SCARLETT admired the extraordinary Christian
zeal displayed by his Learned Friend.
Mr. Justice ABBOT deciding that the action was
maintainable, Mr. MAItItTAT proposed to call wit-
nesses to show that the Plaintiffs were not the per-
sons with whom contracts welt: nude fur the seats.

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t Mr. *lnsilco ASBOT consented to receive the evi-
dsmce.
Joseph Levi swore that he became a member of
the Westminster Synagogue about 19 yeah ago :
for the first two years he was on the Committee
of seven persons ; he then was Treasurer for three
years, sud let the seats, and paid the landlord's
rent : he afterwards was made Warden : the lessees
received no money, and had nothing to do with the
rents of the seats, or with. the accounts. Jacob Hart
did not die till 1814 or 1815.
Cross.examined.—He said that be had been es.
polled from the Westminster Synagogue because be
refused to pay WM. to the Priest the witness had
not paid his arrears, as appeared by the books.—
Mr. Tish delivered a bill to him for ten guineas, but
be did not pay it ; be did not subscribe to this de.
fence: be had sworn it once, and he was ready to
swear it again; be had taken one oath, and did not
object to take another if it were necessary.
Raphael Moses did not believe that Jacob Ilan
(lied four years ago ; it was not five years ago, he
was sure.
Mr. Tish re-called, said, that he had found a paper
which fixed the date of the death of Jacob Hart, in
1814.
Mr. Juctice ABBOT, upon this evidence, decided,
that the Plaintiff must be called, as it appeared that
Hart was alive within the period fur which the Plain.
air, claimed, and they had not declared as survivors
of Hart.
A nonsuit was accordingly entered.