for expences incurred by the assured for the purpose of rescuing the subject matter of an insurance from a state of peril which might have resulted in a total loss, but did not. There are reasons both for and against this stated by Mr. Phillips in his Treatise on Insurance, § 1777; and the question seems never to have been actually decided. But in the present case it does not arise. The expences here were incurred for the purpose of forwarding the subject matter of insurance to its destination, at a time when the iron was not in any peril of total loss, either actual or constructive. Had the insured chosen, instead of paying this extra freight, to sell the rails in England, as he might have done if he pleased, he could have made no claim on the underwriters; for it would not have been a constructive total loss, according to Rosetto v. Gurney (a), unless the amount of the extra freight exceeded the value of the goods when forwarded, which is not the case here; and an actual total loss is out of the question. It seems to us that the plaintiffs here cannot in any view recover, unless we deprive the warranty of the effect which it was intended to have. We therefore give judgment for the defendant. Judgment for the defendant. 1861. GREAT INDIAN PENINSULA Railway Company V. SAUNDERS. (a) 11 C. B. 176. 1861. Wednesday, Metropolis Local Manage ment Acts. Powers of new vestry. Appointment of Governors and Directors. The QUEEN, on the prosecution of the Churchwardens, Overseers, Governors and Directors of the poor of the parish of ST. JOHN, SOUTHWARK, respondents, against RENDLE, appellant. The parish of St. John's, Southwark was, before and at the time of the passing of The Metropolis Local Management Act, 1855, 18 & 19 Vict. c. 120., governed by local Acts, 26 G. 3. c. cxiv. and 5 G. 4. c. lxxiv. Under these local Acts the vestry of the parish was to appoint, annually, a select vestry, which select vestry was to nominate, annually, "Governors and Directors of the poor of the said parish," who were to make rates for the relief of the poor of the said parish. Held, that the power to appoint the governors and directors was, since the passing of stat. 18 & 19 Vict. c. 120., transferred to the new vestry directed to be appointed by that Act, either under sects. 8, 90, of that Aet, or under sect. 3 of the amending Act, 19 & 20 Vict. c. 112. ON appeal against a rate, made 5th October, 1859, for the relief of the poor of the parish of Saint John, Southwark, in the county of Surrey, a case was stated by consent, under an order of Crompton J., and was substantially as follows. The parish of St. John is a parish which, previous to the passing of The Metropolis Local Management Acts, was governed by certain local Acts, under the powers of which the above rate was duly made. By one of these Acts, 26 G. 3. c. cxiv. (a) s. 1. it is enacted that, at the annual meeting to be held in Whitsun week in each year, the "churchwardens and overseers, and vestrymen," or any eleven or more of them, shall nominate and appoint ten substantial and discreet persons, residing in the said parish," "who, together with the (a) Local and personal, public. "For ascertaining and collecting the poor rates, and for better governing, regulating, maintaining and employing the poor in the parish of St. John, Southwark.” 1861. V. RENDLE. churchwardens and overseers of the poor for the time being, shall be called Governors and Directors of the The QUEEN poor of the said parish ;" and "shall assemble and meet together" "from time to time, as often as occasion shall require;" and at such meeting or meetings" shall, and they are hereby required to make one or more general and equal pound rate or rates, assessment or assessments, for the relief of the poor of and in the said parish, upon all and every person and persons who do and shall inhabit, hold, occupy, possess, or enjoy any land, ground, wharf, house," "or any other species of property" rateable to the relief of the poor in the said parish, "according to the yearly rent or value thereof." By another of those Acts, 5 G. 4. c. lxxiv. (a) s. 3., it is enacted "that within twenty days after the passing of this Act, a general meeting of the vestrymen of the said parish shall be convened," "and all and every persons and person present at such meeting, and who shall respectively be rated to the relief of the poor of the said parish," "upon a rental of seventy five pounds a year or upwards, for premises in his own occupation, and shall have actually paid the rates therein charged or imposed," "shall then and there choose, nominate, elect, and appoint fifteen persons (each of whom shall be rated to the relief of the poor in sixteen pounds per annum or upwards, in one rental) to be select vestrymen for the said parish and the other inhabitants present at such vestry, and who in and by the last poor rate assessment shall have been rated upon a rental not amounting to (a) Local and personal, public. "To amend and enlarge the powers of several Acts, so far as the same relate to the right of voting at vestries of the parish of St. John, Southwark," "and to establish a select vestry within the said parish." 1861. The QUEEN V. RENDLE. seventy five pounds a year, and shall have actually paid the rates therein charged or imposed," "shall in like manner then and there choose, nominate, elect, and appoint fifteen other persons, each of whom shall be rated as aforesaid to the relief of the poor at not less than sixteen pounds per annum, to be select vestrymen for the said parish in conjunction with the other fifteen persons to be chosen, nominated, elected, and appointed as first hereinbefore mentioned; and such thirty persons shall be and be called 'select vestrymen,' and shall constitute the select vestry of the said parish" (with subsequent provisions for future annual elections in Whitsun week and for going out of office by rotation). By sect. 11 of the last mentioned Act it is enacted "that at the said first and at every subsequent annual meeting of the said select vestrymen to be held after the passing of this Act, it shall be lawful to and for each of the said two respective sets of select vestrymen assembled at every such first and every subsequent annual meeting to be held after the passing of this Act, to nominate and appoint five substantial and discreet persons residing in the said parish," "which ten persons so to be elected as aforesaid, together with the churchwardens and overseers of the poor of the said parish for the time being, shall be called 'Governors and Directors of the poor of the said parish;' and such Governors and Directors shall and may have and exercise all the powers and authorities in respect to the making rates and assessments for the relief of the poor, and also for the better maintaining, governing, employing, and regulating the poor, and all other powers and authorities given to or vested in the Governors and Directors in and by the said recited Act of" 26 G. 3. c. cxiv. 1861. RENDLE. Under the above Acts, or some or one of them, Governors and Directors of the poor, of the said parish The QUEEN have always from time to time since the passing of those Acts been elected; and by them the poor rates of the said parish have always from time to time hitherto been made; and the above rate of 5th October, 1859, was made by them in the ordinary and usual way, and acting under the powers and provisions of the said Acts, so far as by law they could do; and the said rate, subject to the question raised, is in all respects a valid rate. After the passing of the Metropolis Local Management Acts, 18 & 19 Vict. c. 120. and 19 & 20 Vict. c. 112., and pursuant to the provisions thereof, and before the making of the rate now appealed against, a vestry was duly elected for the parish. The question for the opinion of the Court is, whether the rate is valid, having been made by the Governors and Directors under the provisions of stats. 26 G. 3. c. cxiv. and 5 G. 4. c. lxxiv. ; or whether their power to make such rates was taken away by the Metropolis Local Management Acts, 18 & 19 Vict. c. 120. and 19 & 20 Vict. c. 112., or either of them. It was agreed that if the rate had been made before the passing of the said Metropolis Local Management Acts it would have been a valid rate. If the Court should be of opinion that it is a valid rate, judgment to be entered for the respondents; but, if the Court shall be of opinion that the said rate is invalid, judgment to be entered for the appellant. B. C. Robinson, for the respondents. The rate is good. The Governors and Directors, by whom it was |