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the Compulsory Church Rate Abolition Act, be made for any other
purpose than to provide for the Rector's stipend and the cost of making
and levying the rate, was again considered when the rate for tho year
1882-83 had to be made. At the meeting of the Yestry on the 15th June,
1882, it was moved:
" That the Composition Rate for the current year be Id. in the pound."
To that motion was moved an amendment:
"That a rate of one-eighth of a penny in the pound be made, from the proceeds
of which, together with the balance of Mr. Churchwarden Bishop's account
of £284 16s. 6d., the sum of £400 be handed to the Churchwardens of the
parish in settlement of the Rector's stipend for the current year, and the
residue be handed over to the succeeding Churchwardens, to be applied for
the like purpose, as neither the Yestry nor the Churchwardens have power to
authorise the expenditure of any further sum of money raised beyond the
£400 per annum directed to be paid to the Rector of this parish in accordance
with the Act of 8 and 9 Vic., cap. 180, sec. 2."
Before the conclusion of the debate the Yestry adjourned to tho
22nd June, when the debate was resumed, and ultimately the amendment
was carried. A rate of one-eighth of a penny was made
accordingly. Somo gentlemen, ratepayers of the parish, decided to
obtain the opinion of tho Queen's Bench Division on the question
raised. With this view a formal demand was served, requiring the
Churchwardens to make a sufficient rate to meet the other purposes
beyond payment of the Rector's stipend provided for by the
Composition Rate Act. The Churchwardens declined to act except
under the direction of the Court. A rule nisi calling upon the Churchwardens
to shew cause why a mandamus should not issue commanding
them to make a sufficient rate was obtained. The Yestry decided to
appear to oppose the Rule being made absolute; and, considering it
advisable under tho special circumstances that they should be represented
by persons unconnected with the Yestry, instructed Messrs.
Shepheard and Sons, of 32, Finsbury circus, Solicitors, to act on behalf
of the Yestry. The Rule came on for argument in the Queen's Bench
Division, before Barons Pollock and Huddleston, on the 5th March,
when the court ordered a peremptory mandamus, requiring the
Churchwardens to make the rate, to issue.
The case was argued on behalf of the applicants for a mandamus by
Mr. Arthur Charles, Q.C., and Mr. Beven, and on behalf of the Vestry