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Re Free Public Libraries Act in
Clerkenwell.
The Queen v. Morris and others.
High Court of Justice.—Queen's Bench Division.
Justices Field and Wills.
June 11 th, 1888.
Mr. Jelf, Q.C,, and Mr. Stokes for Relator.
Mr. Channell, Q.C., and Mr. Spokes for Respondents.
Mr. Justice Field:—This is a rule which was obtained by Mr. Jelf
on behalf of the relator, Mr. Ross, calling upon certain gentlemen
connected with the authority or Vestry, to show cause why a quo
warranto should not be issued to show their authority why they
exercised the office of commissioners for the carrying out of the
Free Public Libraries Act in Clerkenwell. We have it stated that
the authority who adopted the Act or who appointed those commissioners
was not the proper one; and that the feeling of the
parish, because the voting papers were not properly issued and
collected, was not properly ascertained within the meaning of the
said Acts dealing with free libraries. The argument came before us
on a former occasion, and then it was argued that the Vestry and
Guardians or Governors of the Poor of St. James and St. John,
Clerkenwell, were not tho authorities to act, or at least that they
should act simultaneously. The case appeared to be one of very
considerable difficulty. At one time I tried to get a clear solution
of the matter; and I thought, and I think my brother Wills
entertained the same opinion, that, whilst the commissioners might
not have had the means of meeting the case, it was a pity such an
enquiry as this, which seems to mo to have a very important
bearing, should depend upon the technicality of who was the proper