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Understanding that the charges for ringing the Bells are incurred in respect of
ovations of Public rejoicing, and are not in any way connected with Divine Service.
I think that the whole of the charges, including the care of the clocks (except those
which I have pointed out as properly falling on the Burial Board), are unobjectionable'
and that the .Justices may safely enforce the payment of the Churchwardens'rate'
under the 20 and 21 Vic., cap. 118, See. 14. They would of course be qualified in
any event if the Vestry were to consent to indemnify them.
FRANCIS BARROW,
Temple,
20th August, 1874.
Addendum to Case for opinion of Counsel in re The Vestry and
Churchwardens of St. Mary, Islington, and the Churchwardens'
Rate.
It was omitted in the caso submitted to Counsel on the 8th inst., to specially
direct his attention to the words in the 2 William IV., c. 26, s. 3 (copy of Act
deposited with case), enacting that a "Churchwardens' Rate "may be made and signed
'for payment of the Annuities heretofore granted for raising moneys for purchasing
"the new Burial Ground of the said Parish, and for defraying all expenses incurred
"or to be incurred by the Churchwardens of the said Parish for the time being by
"virtue of their office or by order of Vestry (Except such of the said expenses as are
"otherwise provided for under the provisions hereinafter contained)," and to the fact
that the Vestry did on May 13th, 1870, pass the following resolution:—
"That in the opinion of this Vestry it is very desirable that the ground
attached to the Chapel-of-Ease should to some degree be rendered available
as an open space for the benefit of the Parishioners, that at the least the
broad path between the llolloway Road and the Liverpool Koad might be
opened under proper regulations as a promenade, similar to that on Islington
Green; they therefore request the Churchwardens to confer with the Vicar
on the subject, and do authorise them, with his sanction, to carry into effect
the wishes of the Vestry;"
and that the Churchwardens have since carried out the directions therein contained,
and do at present maintain the Chapel-of-Ease closed Burial Ground as a Recreation
Ground at the expense of the Vestry, which expense is met and defrayed out of the
Churchwardens' Rate.
Counsel will please advise as to the legality of the Rate so far as this
item is concerned and generally as to its effect upon the whole question.
Dated 10th August, 1874.
OPINION.
I think this also is an item the Vestry have the power to control, under the
3rd Sec. of the Local Act. F. B.