men of St, Pancras, 11 A. & E. 15 (E. C. L. R. vol. 39). The list of forty-six included nineteen who were re-elected, having been among the forty who were to go out according to rotation.

On the 12th August, 1839, a vestry meeting was held at the vestry rooms(a) in the manner directed by the local act, and for the purpose of making a rate, as mentioned in the avowry. Notice of the meeting, and of the purpose thereof, had been affixed on the church doors, &c.; and all the members of the vestry, including the above forty-six, were summoned, pursuant to a resolution of vestry at the last previous meeting. The proceedings of that vestry were entered in a *book kept for *693] the purpose according to stat. 59 G. 3, c. xxxix. s. 14. The material parts were as follows.

"Parish of St. Pancras," &c. "At a general meeting of the vestrymen," &c., “held at," &c., "on Monday the 12th day of August, 1839, pursuant to adjournment:" "present," &c. (the Chairman and thirty other vestrymen, seventeen of which number of thirty-one were returned at the last election):(b)

"The minutes of the last vestry were read and confirmed. The vestry proceeded to the order of the day (pursuant to the minutes of the last vestry, and to letters of summons issued for the purpose by the vestry-clerk) to make a general rate for the relief of the poor of this parish. The notice of the present meeting and the purpose thereof, as published on the churches and chapels," &c., "pursuant to the act," &c., "was presented and read. The extract from the minutes of the Directors of the poor, presented with the estimate of expenditure at the last vestry, was referred to, and ordered to be entered on the minutes as follows." Then followed the extract and estimate and reports from committes on assessments. "Resolved unanimously: That a general rate of 18, in the pound be made and laid on the inhabitants and occupiers of houses, lands," &c., "in the parish of St. Pancras in the county of Middlesex, for and towards the relief of the poor of the said parish, and other purposes chargeable thereon according to law: and the said rate is hereby made and laid accordingly, and is to be collected forthwith."

"Resolved that the vestrymen be summoned for Wednesday the 4th day of September next, to elect and appoint a director of the poor in the place of Mr. W. Michaux. Adjourned to the 4th September next."

The persons present at this meeting comprised (with others) all who were mentioned in the avowry as having been then present.

The case then stated that "A special meeting of the vestrymen of the parish was held at the vestry rooms aforesaid in Gordon Street aforesaid on Wednesday the 28th August, 1839." The entry of proceedings in the before-mentioned book (so far as it is material) was:

"At a special general meeting of the vestrymen of the said parish, held at," &c., “on," &c., "pursuant to requisition. Present," &c. (the chairman and twenty-three other vestrymen, includ

ing thirteen of those newly elected):(c) "The minutes of the last vestry read and

*694] confirmed. The requisition by nine vestrymen for convening the present meeting was

presented and read as follows:" (requisition to convene a special general meeting, pursuant to sect. 87 of the local act (d) to consider a recommendation and plan from the directors of the poor for improving the workhouse). "The vestry proceeded to the order of the day, pursuant to the said requisition and to letters of summons issued for the purpose by the vestry clerk, to consider a recommendation and plan, &c., for additions to the workhouse. Adjourned." Notice of this meeting and of the purpose thereof had been left with

(a) All the after-mentioned meetings were held at the same place.

(6) Eight of these were vestrymen re-elected from among those in rotation to go out. (c) Seven of these were vestrymen who had been re-elected.

(d) Sect. 87 enables the vestrymen, at a special meeting to be summoned for that purpose on fourteen days' notice, to direct the workhouse or infirmary of the parish to be altered or enlarged, &c., and additions or improvements made therein.

each of the vestrymen, including those newly elected. This meeting was the next subsequent meeting to that of the 12th August, 1839.

On the 4th September a general meeting of the vestry was held pursuant to adjournment from the meeting of 12th August (present the chairman and twenty other vestrymen, ten of which twenty-one were among the last elected(a)), when (as appeared by the entries, which were set forth) the vestry (after reading and confirming the minutes of the last vestry) "proceeded to the further order of the day pursuant to the said minutes, and letters of summons issued for the purpose, to hear the application of certain parishioners" to be relieved from payment of arrears, and to settle compositions for rates, and to pass resolutions on the several matters: and the vestry was "adjourned to the 9th September, instant." A general meeting of the vestry was held on September 9th pursuant to the adjournment from 4th September (present the chairman and eighteen other vestrymen, of which nineteen, seven were among those last elected ;(b)) *and the vestry proceeded to the order of [*695 the day (pursuant to minutes, which were read and confirmed, and letters of summons) for considering applications for relief, and compositions and the vestry was "adjourned to Saturday the 14th instant." On September 14th a general meeting of the vestry was held "pursuant to adjournment from the 9th September," present the chairman and fifteen other vestrymen, of which sixteen nine were among the last elected.(c) The entry of proceedings stated that

:

"The minutes of the last meeting were read and confirmed. The vestry clerk presented the books containing the rate made on the 12th ultimo. The vestry proceeded to the order of the day (pursuant to letters of summons issued for the purpose) to settle and sign the new rate books. Resolved: That the said books be now signed. The said rate books were thereupon signed by ten vestrymen. Resolved: That the vestry clerk make application for the allowance and confirmation of the said rate by two justices of the county of Middlesex, and thereupon cause due notice of such allowance to be given pursuant to the act for regulating vestry notices. Adjourned."

"The following is the form of the declaration and signatures of the rate books, with the names of the vestrymen signing it. We," &c. (the declaration, as to the correctness of particulars in the columns of the rate, was in the form given by the schedule to stat. 6 & 7 W. 4, c. 96). It was signed by a churchwarden and nine vestrymen, four of whom were among those last elected. (d) Two of those who signed were, by mistake, not named in the minutes as attending.

*There was no other signature of the rate books. The case stated that, subject to correction of the above mistake, and to the

[*696

(a) Five were re-elected vestrymen.
(b) Three were re-elected vestrymen.
(c) Five were re-elected vestrymen.

(d) Two of these were re-elected vestrymen. Eight of the names corresponded with the names mentioned in the avowry as those of the vestrymen signing: they appeared also, with one or two exceptions, to correspond with the surnames of vestrymen entered as present at the meeting of August 12th. These eight names mentioned in the avowry did not include those of two vestrymen elected in May 1839, and who were not then members of vestry in rotation to go out.

question whether the above signature was a proper signature of the rate books, the entries in the vestry books stated correctly what took place at the several meetings. The vestrymen who were in rotation to retire in May, 1839, and were not re-elected, were not summoned to any subsequent meeting.

There was no notice on or near to the doors of the churches or chapels within the said parish, or any of them, that the purpose of any vestry meeting except that of the 12th of August was to make a rate.

With respect to the manner of making out the rate: the vestry clerk with all reasonable despatch proceeded to make it out after the resolu tion passed at the vestry meeting of the 12th August. It was not completed by the 9th September. In making out the rate the resolution and acts of the vestry at the meetings of the 4th September and 9th September were acted upon by the vestry clerk. The rate was made out in four separate books, each book relating exclusively to the property in one of four divisions of the parish called respectively the North, South, East, and West divisions. The several books did not contain any express reference to each other. Each book had the following entry at the commencement of it.

"St. Pancras, Middlesex. An assessment for the relief of the poor of the parish of St. Panoras in the county of Middlesex, and for other purposes chargeable thereon according to law, made this 12th day of August, 1839, after the rate of 18. in the pound, by the vestrymen of the parish of St. Pancras in the county of Middlesex acting under and by virtue of the provisions of a statute made," &c. (59 G. 3, c. xxxix.); "which said rate and assessment was made and assessed at a meeting of the said vestrymen when seven or more and not less than nine of them were present, at St. Pancras vestry rooms, situate," &c., "of which meeting notice was given according to law; and which said rate of 18. in the pound is to be collected forthwith."

*Each of the four books contained at the end the declaration, *697] and signatures of the ten vestrymen, above mentioned. The rate was confirmed and allowed by two justices, and the confirmation and allowance entered in each of the four books, and notices thereof published as mentioned in the avowry. The minutes of the vestry meeting of 14th September were read, signed, and confirmed at the next vestry meeting, 21st September, 1839. It had been the usual practice in the parish for some years to make out the rate in four books as was done in this case. There was a separate collector of rates for each of the districts respectively comprised in the books. The form of rating in the books was according to stat. 6 & 7 W. 4, c. 96. It was agreed that the original rate books might be produced in Court and referred to on the argument, to avoid the necessity of a more particular description. (a) There was no written rating of the plaintiff except that which was contained in the said books.

The case then referred to a question which had arisen, whether the defendant had a right to insist on the validity of the election of vestrymen in May, 1839; and it set forth facts on which the plaintiff con

(a) In the special verdict afterwards prepared, the contents of the books were more fully described.

tended that (by an order of WIGHTMAN, J., on application by the defendant for leave to amend, referring to an order of nisi prius of December 9th, 1840) the defendant was precluded from relying on that election as made according to law. The facts are not further stated, as the point was conceded by the defendant's counsel on the present argument. The Court was to be at liberty to draw inferences of *fact, [*698 which, if the case were turned into a special verdict, might be embodied in such verdict. The question stated for the opinion of the Court was: "Whether the facts above stated sustain the avowry." If the Court should be of that opinion, a verdict was to be entered for the defendant if otherwise, the verdict for the plaintiff to stand.

The following clauses of the local act were referred to in the course of the argument.

Stat. 59 G. 3, c. xxxix. s. 4, directs the first meeting of the vestrymen under this act, and that "they, or any seven or more of them so assembled, shall and may proceed to put this act into execution; and in like manner the said vestrymen, or any seven or more of them, shall and may from time to time afterwards meet together and proceed in the execution of this act; and it shall be lawful for the vestrymen present at such first meeting, and at every subsequent meeting to be convened and held according to the provisions of this act, to adjourn themselves to meet at such future time and at such place within the said parish, as they shall from time to time appoint, or according to such summons, as is hereinafter directed to be given; and of each meeting to be held by adjournment notice in writing or printed, with the name or names of the vestry clerk or clerks for the time being thereto subjoined, shall be given to or left for each of the said vestrymen at his or their last or usual place of abode, three days previous to each intended meeting; and if it shall happen that any such meeting shall separate without making a regular adjournment, or if there shall not appear at any such intended meeting seven or more of such vestrymen to act, then and in each such case the vestry clerk or clerks shall, and he and they is and are hereby required to summon the vestrymen to meet at the place where the last meeting shall have been held or appointed to be held, within eight days next after the day on which such last meeting was held, or was intended to have been held as aforesaid, such summons to be by a written or printed notice as aforesaid, and to be delivered" at the usual place of abode, &c., three days before, &c.

Sect. 9 prescribes the qualification of vestrymen, and imposes a penalty for the offence of acting in the execution of the act without qualification; "Provided nevertheless, that all acts and proceedings of all and every person and persons acting as a vestryman or vestrymen in the execution of this act (though not duly qualified as aforesaid), previous to his and their being convicted of such offence, or to the recovery of any such penalty as aforesaid, shall, notwithstanding such conviction or recovery, #be as valid and effectual as if such per- [*699 son or persons had been duly qualified according to the provisions of this act."

Sect. 13 enacts: "That no act of the said vestrymen shall be or be deemed to be good or valid, unless the same shall be done at some meeting to be holden in pursuance of this act (save and except as may be herein excepted); and all the powers and authorities by this act granted to or vested in such vestrymen shall and may from time to time be exercised by the major part of them present at any such meeting (the number of such vestrymen present at such meeting not being less than seven), and all the orders and directions of the major part of such vestrymen present at such meeting shall have the same force and effect as if the same were made or done by all such vestrymen for the time being (save and except as may be herein excepted)."

Sect. 69 enacts: "That it shall and may be lawful to and for the said vestrymen, or any seven or more of them, and they are hereby required, from time to time and at all times after the passing of this act, as often as occasion shall require, to meet at such time and place as to them shall seem proper, for the purpose of making such rate or rates as hereinafter mentioned, notice of such meeting and the purpose thereof having been first given on the Sunday immediately preceding such meeting," &c.; "and at such meeting or meetings to make one or more such general rate or rates, assessment or assessments, as by the several laws in force and effect churchwardens and overseers of the poor now are, or shall or may, or could or might be enabled or empowered to make, as they the said vestrymen, or any seven or more of them, shall judge or determine to be necessary in or towards the relief and maintenance of the poor of the said parish, and other the

several purposes," &c.; "and all such rates or assessments so to be made, when signed by the said vestrymen, or any seven or more of them, and allowed and confirmed," &c. (by two justices in and for Middlesex), "and notice thereof given on the Sunday next after the same shall have been so allowed and confirmed," &c., "shall and may be collected and received," &c.

Sect. 97 is sufficiently noticed in p. 702, post.

The case was argued in Hilary term, 1847.(a)

Peacock, for the plaintiff, contended that the avowry did not correspond with the facts proved, inasmuch as the rate was alleged to have been made on August 12th, *whereas the resolution of that day, *700] stated in the case, did not amount to the making of a rate; none was then signed; nor was there any signing till September 14th. It is not clear that the rate itself was signed at all, as is required by the local act, sect. 69. But, if the signing on September 14th was the making of the rate, the fact does not agree with the pleading: and the further objection arises, that no notice appears to have been given of a meeting on September 14th to make a rate. The vestrymen could not, on August 12th, make a rate, delegating to those who might meet on September 14th the duty of apportioning the assessment; this may be inferred from Sellwood v. Mount, 1 Q. B. 726 (E. C. L. R. vol. 41): nor could the vestrymen meeting on that day be bound to adopt anything resolved by the vestry of August 12th without exercising their own judgment. It may be contended that the rate was made on either day or both, the business being done partly on each: and there might have been some ground for this argument if the meeting of August 12th had been expressly adjourned to September 14th; but the meeting on the latter day is by adjournment from September 9th, when the business related to compositions and relief from past assessments: and the meeting of September 14th is not properly connected by adjournment with any meeting of which the business, fixed by notice, was to make a rate. There is a confirmation in vestry on August 28th of the proceedings in vestry on the 12th; but no confirmation of a rate made on September 14th. The rate, if made on the latter day, is antedated: and a parishioner referring to the date given (August 12th) *would find an *701] entry of thirty-one persons present, nearly half of whom were absent on September 14th. (Other points were touched upon ;(6) but the judgment of the Court makes a further report of the argument unnecessary.)

Watson, contrà.-The rate was virtually made by the resolution of

(a) January 15th. Before Lord DENMAN, C. J., PATTESON, COLERIDGE, and WIGHTMAN, JS. There was a prior argument in Easter term (April 28th), 1846, by the same counsel, before Lord DENMAN, C. J., WILLIAMS and COLERIDGE, Js.: but the Court ordered the case to be re-argued, (b) One of these was, that the vestrymen who signed the rate, as alleged in the avowry, were not a majority of those present on September 14th. It was answered that a majority did in fact sign, and that the statement of names in the avowry, under a videlicet, could not prejudice the defendant; on which point Watson cited Perreau v. Bevan, 5 B. & C. 284, 296 (E. C. L. R. vol. 11), judgment of HOLROYD, J., and Draper v. Garratt, 2 B. & C. 2 (E. C. L. R. vol. 9), there relied upon. As to the number who ought to sign, reference was made to sect. 69 of the local act, and sect. 28 of stat. 1 & 2 W. 4, c. 60, s. 28.