View report page

19
after the passing of this Act, all garden pennies, small tithes, and Easter offerings,
and all payments in lieu of small tithes arising within the said Parish of St.
Matthew, Bethnal Green, in the County of Middlesex, shall cease and be for ever
extinguished.'
"With regard to the construction, I think one cannot come to any other conclusion
than this, that the power to raise the Composition Rate which was granted, was
granted in lieu of and in consideration of the small tithes and the garden pennies.
"But then it was said (this, I think, was the argument on that part of the case)
that as there was, in fact, no such thing, as far as we have evidence before us, it
cannot be considered that the extinguishment of the portion of these customary
payments and small tithes applicable to Ecclesiastical purposes, was in consideration
of the Grant of so much of the Composition Rate as is to be considered from its
application a Church Rate. Now, in my opinion, that cannot prevail. It was
getting rid of the whole of the garden pennies and small tithes. They could not be
got rid of, without getting rid, not only of that portion which was applicable, and
was in fact applied to the payment of the Rector or Vicar, but the right to call on
the inhabitants to pay the whole surplus must be got rid of in order to do what was
intended; and one cannot for one moment say, whether or no, if these payments
had been rigorously carried out (there were Easter offerings as well), there might
not have beeu a surplus.
"The object, as I understand, of this Act of Parliament, was to get rid of the
annoyance and vexation of raising the small payments from a number of people, and,
in order to do that, they are to get rid not only of that which was applicable to the
payment of the Rector and Vicar, but to get rid of the right of levying the whole
in order to see whether there was a surplus. This Act was passed authorising a
Composition Rate to be made.
"Therefore, in my opinion, not only was this portion of the Rate in substitution
of the garden pennies, which were authorised to be applied to Ecclesiastical
purposes, directed to be appropriated and applied to Ecclesiastical purposes by the
Act I have already referred to, but the power and authority given by the Act of the
8th and 9th of Victoria to raise the Composition Rate was in lieu of or in
extinguishment of those small customary payments.
"In my opinion, therefore, the Judgment of the Queen's Bench Division was
right, and this Appeal fails.
"I should say that the Judgment I have delivered is the Judgment of the Court;
and although I have expressed my own opinion in the singular, yet in general terms
the other members of the Court agree, not only with the conclusion at which I have
arrived, but also with the reasons which I have given for that conclusion. But
they are not to be made liable for any actual expression which I may have used,
because I have not reduced my Judgment into writing, but have expressed our
Judgments jointly in words of my own.
"The consequence is, that this Appeal will be dismissed with costs."
The Churchwardens being bound to obey the mandamus, have made
a rate as directed by it.
Messrs. Shepheard and Sons, in a letter of tho 22nd February, to the
Clerk, write as follows—
"Immediately after the Judgment in the Appeal Court, Mr. Bompas mentioned in
conversation, that he was very strongly inclined to think that the judgment was wrong,
and would be reversed in the Lords. We had as you will remember, no instructions to go
further than the Court of Appeal, but we felt that after so strong an expression of opinion,
we were bound to lay a case before Mr. Bompas and Mr. Morley. This we have done,
and send a copy of the Case and opinion they have given herewith. They think, as you
will see, that success would attend an Appeal."
The letter of Messrs. Shepheard and Son was submitted to the Vestry,
at the Meeting held on the 6th of March, when it was resolved that
the consideration of the suggested Appeal stand over until the first
meeting in April.