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ment, by summary proceeding, of the portion see occasion, shall proceed to make and so annexed.
sign a sufficient assessment, to be called
“The Church Rate," upon all persons The following case was stated by one inhabitants and occupiers of lands, teneof the Justices for the city of London, for ments, hereditaments and premises within the opinion of the Court of Common the said parish, except the vicar for the Pleas.
time being, for raising the said annual By a public local and personal act, sum of 1,8001., and such further sum of 7 Geo. 4. c. liv, and entitled "An act for money as shall be necessary for repairing extinguishing tithes and customary pay- and keeping in repair the church of the ments in lieu of tithes and Easter offerings said parish and the churchyard belonging within the parish of St. Giles, Cripplegate, to the same, and for the payment of all in the liberties of the city of London, and necessary and proper salaries and disbursefor making compensation to the vicar for ments relative to the said parish church the time being in lieu thereof," it was in and churchyard.” Section 28. contains a the preamble recited, “Whereas it will be provision for reviewing the stipend every beneficial to the inhabitants of the said ten years, and altering it according to the parish, that a certain annual stipend should average price of wheat. from henceforth be paid to the vicar of the Since the passing of the act the vicar said parish for the time being, in lieu and for the time being received the said anfull satisfaction of all tithes and payments nual sum of 1,8001. until the 18th of in lieu of tithes within the said parish in March 1856, when the sum was revised manner and under the regulations herein- according to the price of wheat, and reafter mentioned."
duced pursuant to section 28. to the annual And then, in section 1, it was enacted, sum of 1,4211. 15s. 8d., which is the annual "That the churchwardens of the said parish sum now payable under the aforesaid act. for the time being shall from time to time By the provisions of an act of parliament, for ever hereafter pay or cause to be paid 2 & 3 Vict. c. 107, the Governor and to the vicar for the time being of the said Company of the Bank of England were parish, or to such persons as he shall ap- empowered to take down the church of point to receive the same, one clear annual St. Bartholomew, Exchange. The parish sum of 1,8001. of lawful money of Great of St. Bartholomew, Exchange, however, Britain, subject to such averages accord- was by the said act expressly preserved, ing to the price of wheat, from time to and was united to the parishes of St. time as hereinafter mentioned, in lieu, Margaret, Lothbury, and St. Christophersatisfaction and discharge of all tithes and le-Stocks, the church of St. Margaret, Easter offerings or payments in lieu of Lothbury, being made the parish church tithes to which such vicar is entitled of the three united parishes. By the 86th within the said parish.”
section of the said act the Governor and By section 3. it was provided, that if the Company of the Bank of England, within sum payable to the vicar be in arrear, on twenty-one days after they had taken poscomplaint by or on behalf of the vicar, a session of the church of St. Bartholomew, Justice of the Peace for the city of Lon- Exchange, were to pay to the Archbishop don is required to grant a warrant, autho- of Canterbury and the Bishop of London rizing any person to be nominated by or a sum of money, to be employed by the on behalf of the vicar, to levy such arrears said archbishop and bishop in purchasing by distress and sale of the goods and chat- a site for and in erecting and endowing a tels of the church wardens and inhabitants church in the City of London, or some of the parish who had been summoned to parish adjoining thereto, the right of preanswer. By section 8, it was provided, " to senting to which church was by the said secthe end that the churchwardens may raise tion vested in the Queen. The church of and pay the said yearly sum of 1,8001., St. Bartholomew, Moor Lane, was built the churchwardens in vestry, or in case and endowed, and the respondent was preeither of them refuse any twelve vestry- sented to and now holds the incumbency men, once a year or oftener, as they shall of the said church under and by virtue of
the provisions of the said act. In the towards the south by the said parish of St. year 1850, an Order in Council was ob- Stephen, Coleman Street, and on or towards tained and published in the London Gazette the west by the remaining part of the said of the 21st of June 1850, of which the parish of St. Giles, Cripplegate, from following is a copy:
which the said district chapelry of Little “At the court at Buckingham Palace, Moorfields is separated by a line passing the 19th day of June 1850, present the up the middle of Aldermanbury Postern Queen's most excellent Majesty in council. into Fore Street, and then turning northWhereas Her Majesty's Commissioners for westerly up the middle of Fore Street as building New Churches have, in pursuance far as Milton Street, and north-easterly up of the 16th section of an act passed in the the middle of Milton Street as far as the fifty-ninth year of the reign of His Majesty boundary line of the said parish of St. King George the Third, intituled An Act Luke, Old Street, as such district chapelry to amend and render more effectual an act is more particularly delineated on the map passed in the last session of parliament for or plan hereunto annexed, and thereon building and promoting the building of coloured pink. Your Majesty's said Comadditional churches in populous parishes,' missioners beg leave further to represent or under or by virtue of any other power to your Majesty that it also appears to or authority vested in them by the Church them to be expedient that banns of marBuilding Acts, duly prepared and laid riage should be published, and that marbefore Her Majesty in council a repre- riages, baptisms and churchings, and also sentation, bearing date the 14th of May burials, upon a burial ground being pro1850, in the words following, viz.:-'Your vided for the said district chapelry, should Majesty's Commissioners for building New be solemnized and performed in the said Churches beg leave humbly to represent to
church of St. Bartholomew in Moor Lane your Majesty that, having taken into con- aforesaid, and that the fees to arise theresideration all the circumstances of the from should be paid and belong to the parish of St. Giles, Cripplegate, in the incumbent thereof for the time being. county of Middlesex, and within the dio- That the consent of the Right Honourable cese of London, it appears to them to be and Right Reverend Charles James, Lord expedient that a particular district should Bishop of the said diocese of London, has be assigned to the consecrated church of been obtained thereto as required by the St. Bartholomew, situate in Moor Lane, in act and section hereinbefore mentioned, in the said parish of St. Giles, Cripplegate, testimony whereof the said Charles James, under and by virtue of the power or Bishop of London, has signed and sealed authority for this purpose contained in the this representation. Your Majesty's said 16th section of an act passed in the fifty
Commissioners, therefore, humbly pray ninth year of the reign of His Majesty King that your Majesty will be graciously pleased George the Third, intituled “Ăn Act to to take the premises into your royal con, amend and render more effectual an act sideration, and to make such order in passed in the last session of parliament, respect thereto as to your Majesty in for building and promoting the building your wisdom shall seem meet.' Her of additional churches in populous parishes,' Majesty, having taken the said repreor under and by virtue of any and every sentation, together with the map or plan other power or authority in this behalf thereunto annexed, into consideration, was vested in your Majesty's said Commis- pleased, by and with the advice of Her sioners by the Church Building Acts, and Privy Council, to approve thereof and to that such proposed district should be called order, as it is hereby ordered, that the "The District Chapelry of Little Moor- proposed assignment be accordingly made, fields," with boundaries as hereinafter and the recommendations of the said Commentioned. The district chapelry of Little missioners in respect of the publication of Moorfields is bounded on or towards the banns and the solemnization of marriages, north by the parish of St. Luke, Old Street, baptisms, churchings and burials, and the on or towards the east by the parish of fees arising therefrom, be carried into St. Stephen, Coleman Street, and on or effect, agreeably to the provisions of the said acts, and Her Majesty, by and with to be paid to the governors of Queen the like advice, is pleased to direct that Anne's Bounty, to be by them invested this order be forthwith enrolled pursuant (until it can be conveniently invested in to the said acts, and registered by the real property) in the 31. per cent. conRegistrar of the diocese of London. solidated, or 3l. per cent. reduced Bank
“ Wm. L. Bathurst." annuities, in trust, after certain trusts The said church of St. Bartholomew, which have long expired, to pay the diviMoor Lane, with the district assigned to dends to the minister of the new church it, as stated in the said Order in Council, contemplated by the act to be erected as is situate within the original limits of the aforesaid. Pursuant to this section, a sum said vicarage of St. Giles, Cripplegate, and of 9,9341. 14s. 4d. has been invested, by the the respondent was, as aforesaid, duly said governors of Queen Anne's Bounty, in appointed incumbent of the said church the 31. per cent. reduced Bank annuities, and district.
upon the trust stated in the above-menThe inhabitants of the district of St. tioned section, and the dividends from the Bartholomew, Moor Lane, are elected to same, amounting to the clear annual sum and serve upon the select vestry for the of 2981. Os. 8d., have been for several parish of St. Giles, Cripplegate, and a con- years, and are now annually payable to siderable number of the said vestry consists and received by the said respondent, as of persons residing within the district of St. minister of the said district church of St. Bartholomew, Moor Lane. The inhabitants Bartholomew, Moor Lane, which is the of the said district are also liable to pay, new church contemplated by the act to be and do in fact pay, their share of a sum, in erected. The surplice fees payable to the nature of a rate raised annually in the the respondent, and paid to him, have said parish, under the authority of 7 Geo. exceeded the sum of 15l., and not ex. 4. cap. liv, not only for the payment of ceeded the sum of 201., during each of the the before-mentioned composition to the years 1855, 1856, 1857. The respondent vicar in lieu of tithes, but also for the pay- has engaged a curate, deeming his services ment of the expenses of the church of St. necessary for the district, of which the Giles, Cripplegate, and of the salaries of population is between 4,500 and 5,000, the various parish officers of the said parish and pays him annually a salary of 1301. of St. Giles, Cripplegate, and other ex- per annum. He also pays voluntarily penses mentioned in the 8th section of the various other sums annually towards the said last-mentioned act. Banns of matri- expenses of the church service, amounting mony and the solemnization of marriages, in all to the sum of 981. year. churchings and baptisms, according to the On the 25th of May 1857 an indenture laws and canons and customs of the Estab- was made and executed by the respective lished Church, have been, since the said parties, described as parties thereto, in the Order in Council, and are authorized to words following: be published and performed in the said “ This indenture, made the 25th day of consecrated church of St. Bartholomew, May 1857, between the Rev. Philip Parker Moor Lane, and the incumbent of the said Gilbert, Clerk, Master of Arts, vicar of the church was by such authority entitled for parish church of St. Giles, Cripplegate, in his own benefit to the entire fees arising the city and diocese of London, of the first from the performance of such offices, with- part, the Very Rev. Henry Hart Milman, out any reservation thereout; and the said D.D., Dean of the Cathedral Church of respondent has, without any reservation, St. Paul, in London, and the Chapter of the always received the same, so far as same church, patrons of the said vicarage, they arise from the performance of the of the second part, the Right Hon. and ceremony of marriage, but has never re- Right Rev. Archibald Campbell, Lord ceived any fees either for baptisms or for Bishop of London, of the third part, and churchings, having declined to receive the the Rev.William Denton, Clerk, M.A. (the same. By the 95th section of the statute respondent), incumbent of the perpetual 2 & 3 Vict. c. 107, the purchase-money curacy of the district chapelry of St. Bararising from the sale of certain houses is tholomew, Moor Lane (a church within the limits of the said vicarage of Cripple- part of the said annual sum of 1,8001., or of gate), of the fourth part." After reciting such other sum as shall from time to time that by the act, 7 Geo. 4. c. liv., it was be payable to the vicar for the time being among other things enacted, that the of the said church of St. Giles, Cripplechurchwardens of the said parish for the gate, by virtue of the said act of His Matime being should from time to time for jesty King George the Fourth, to the intent ever thereafter
pay, or cause to be paid, to that the said William Denton and his sucthe vicar for the time being of the said cessors, perpetual curates of the said district parish, or to such person as he should chapelry of St. Bartholomew, Moor Lane, appoint to receive the same, one clear may, from and after the 24th day of June annual sum of 1,8001. of lawful money of next, receive and enjoy the said one-sixth Great Britain, subject to such averages, part, expressed to be hereby annexed to the according to the price of wheat from time church of the said district chapelry, and to time as thereinafter mentioned, in lieu, may have and exercise all the same remesatisfaction and discharge of all tithes and dies for recovering and enforcing payment Easter offerings, or payment in lieu of thereof, as the said Philip Parker Gilbert, tithes, to which such vicar was entitled his successors, vicars of the church of St. within the said parish, which said clear Giles, Cripplegate, aforesaid, might have annual sum of 1,8001. should be paid by had if these presents had not been made. four quarterly payments, on the 25th of And the said Philip Parker Gilbert doth March, the 24th of June, the 29th of Sep- hereby declare that it is intended that these tember, and the 25th of December in every presents shall be forth with deposited in the year; and after reciting that the said P. registry of the diocese of London aforesaid, P. Gilbert was desirous of charging the conformably with the provisions contained said vicarage of St. Giles, Cripplegate, for in the said act of His late Majesty King the benefit and support of the church of William the Fourth. In witness whereof," the said district chapelry of St. Bartholo
&c. mew, Moor Lane, to the extent and in man- This indenture was made without any ner thereinafter mentioned, the deed pro- notice to or consent from the present ceeded as follows:--"Now this indenture churchwardens or other the inhabitants of witnesseth, that in pursuance and exercise the said parish of St. Giles, Cripplegate. of the power in this behalf, given or created Since the making of the said indenture, by an act of parliament, made and passed two quarterly portions of the said annual in the first and second years of the reign of sum have become due, viz., at Michael'mas His late Majesty King William the Fourth, and Christmas 1857. intituled ‘An Act to extend the provisions The respondent has demanded of the of an Act passed in the twenty-ninth year church wardens of the said parish oneof His Majesty King Charles the Second, sixth part of such quarterly portion as intituled “An Act for confirming and per- being due to him under the said indenpetuating augmentations made by eccle- ture. The said churchwardens have not siastical persons to small vicarages and paid the same to him, and the said onecuracies," and for other purposes,' and of sixth part of such quarterly portions was every other power enabling him in anywise more than twenty-eight days in arrear at in this behalf, the said P. P. Gilbert, with the time of the complaint hereinafter menthe consent of the said Archibald Campbell, tioned. The said vicar of St. Giles, Lord Bishop of London (as the bishop in Cripplegate, has not demanded the said whose diocese the said vicarage of St. one-sixth sum to be paid to him, or Giles, Cripplegate, is situate), and of the to the said respondent, and has declined said Dean and Chapter of St. Paul's (as
to interfere in the matter in any way. patrons of the said vicarage), testified, by There is one church warden annually aptheir respectively executing these presents, pointed for the parish or district belonging doth hereby, from and after the 24th day to the church of St. Bartholomew, Moor of June next, for ever, annex unto the Lane. church of the said district chapelry of St. The case then stated a complaint made Bartholomew, Moor Lane, one equal sixth by the respondent before one of the Jus
tices for the City of London of two quarterly arrears, and a Justice for the city of Lonportions of the sum so annexed as above don was not authorized to grant his warmentioned being in arrear, which com- rant to levy the same on the goods of the plaint came on to be heard before one of said churchwardens and inhabitants. the Justices for the said city, at Guildhall, The Magistrate took time to consider on the 1st of March 1858, when the the case, and on the 3rd day of March above-mentioned facts were then proved 1858 gave his decision, and stated that he or admitted.
was of opinion that the church of the disOn behalf of the respondent, it was urged trict chapelry of St. Bartholomew was a that by virtue of the Order in Council the chapel having a district assigned to it church of St. Bartholomew, Moor Lane, within the meaning of the 21st section of was a district church or chapel, and had a the 1 & 2 Will. 4. c. 45, and that theredistrict assigned to it. That consequently fore the deed which had been executed by the indenture annexing to the said church the vicar, dated the 25th of May 1857, was one-sixth part of the annual sum payable a valid deed and made in conformity with to the vicar of St. Giles, Cripplegate, was the provisions of that section of the act of valid under the statute 1 & 2 Will. 4. parliament; that he was also of opinion c. 45. s. 21. And that by virtue of the that he was enabled, under the powers indenture and the last-named statute a vested in him by the 7 Geo. 4. c. liv, ss. 1. Justice of the Peace for the city of and 3. to direct a warrant authorizing the London was authorized and required, on recovery of the arrears claimed by the the application of the respondent to respondent, the incumbent. That he was grant a warrant to levy the arrears of also of opinion that the district assigned the one-sixth portion of the said annual to the church of St. Bartholomew was not sum so annexed as aforesaid, if for more a separate and distinct parish, and that it than twenty-eight days unpaid to the was not separated from the parish of St. respondent, by distress and sale of Giles, Cripplegate. And that he conthe goods of the church wardens of St. sidered, therefore, that the vicar legally Giles, Cripplegate, and other inhabitants exercised the power vested in him, notof the same parish, as he would have been withstanding the provisions in the 14th required to do on the application of the and 15th sections of the 19 & 20 Vict. said vicar had the deed of annexation not
And the Magistrate therefore been made.
granted his warrant to levy the said arrears For the appellants it was contended, on the goods of the said church wardens that by the statute 19 & 20 Vict. c. 104. and inhabitants. the district to which the church of St. Bar- The said church wardens and inhabitants tholomew, Moor Lane, belonged had at the being dissatisfied with this decision, as time of executing the indenture become erroneous in point of law, the said Magisa separate and distinct parish for ecclesi- trate stated the case above set out. astical purposes, and consequently was The case was argued (Nov. 29, 30, incapable of receiving an annexation of 1858) bytithes or other revenue under the statute F. Russell, for the appellants, and 1 & 2 Will. 4. c. 45. §. 21. Secondly, Coleridge, for the respondent. that without reference to the statute
Cur. adv. vult. 19 & 20 Vict. c. 104, the statute 1 & 2 Will. 4. c. 45. did not make the indenture
Crowder, J. now (Feb. 12, 1859) devalid so as to annex the one-sixth part
livered the following judgment :of the annual sum payable to the vicar This was an appeal against the decision of St. Giles, Cripplegate, to the district of a Magistrate, whereby a warrant was church of St. Bartholomew, Moor Lane. granted to the respondent to levy the Thirdly, that assuming that the indenture arrears claimed by him under and by was valid so as to annex the said one-sixth virtue of a deed of the 25th of May 1857, part to the said district church, the incum- on the goods of the appellants. The rebent of the said district church had not spondent was the incumbent of the church any summary power of recovering the of St. Bartholomew, Moor Lane, and the