View report page

13
Lords Justices, and even went far beyond what they were advised
but all to no purpose.
The Plaintiffs insisted on just such terms as they would get if
they wholly succeeded, and accordingly after months of fruitless
negociation the case had to be set down again for hearing.
It was finally heard on the 28th January, 1881, when the Appeal
was allowed and the Plaintiffs' Bill dismissed with costs.
This result alone would fully justify the Vestry in the course
they took, but the Lords Justices evidently considered the Vestry
had not insisted on their legal rights only but were equitably
entitled to the judgment.
The judgments given are, in the Vestry's opinion, so important
that they beg to append copies thereof to this Report.
In the last Report (page 9), the Vestry gave an extract from
the judgment of Vice Chancellor Malins, the concluding words of
which were—" If the Plaintiffs had intended to put buildings
" there I do not wonder at the Vestry objecting—it was their duty
" to object—but the precise way in which they proceeded to
" object does surprise me, because I am clearly of opinion that
" that was wrong."
The Vestry would beg a comparison of those words with the
judgments of the Lords Justices generally, but with those of James
and Brett, L. JJ., in particular.
The Plaintiffs have given Notice of Appeal to the House of
Lords, but up to the present time have taken no further steps
towards prosecuting the Appeal. On the contrary, one of the
Plaintiffs is personally trying to arrange terms, but the Vestry can
only deal with solicitors who, so long as they are in the case, must
be taken to represent both the Plaintiffs and through them the
parties beneficially interested.
Having regard to the way in which they have been hitherto met,
the Vestry will insist upon the Order of the Lords Justices being
complied with before entering into further negociations.
The Vestry have, during the year, taken into consideration the
salary of Mr. Baxter, and have increased it from £150 to £175
per annum.
Salary of
Superintendent
of
Labour.