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as a Vestryman without being duly qualified, contrary to the provisions
of the Metropolis Management Act, 1855 (sec. 54), and was tried before
Mr. Justice Denman and a common jury. The Defendant was elected
in May, 1890, he being (as he supposed) qualified in respect of premises
known as 57a, Ashburton Grove, and described as yard, stable and
workshops which were assessed at a rateable value of £125. At the
trial it appeared that the Defendant only occupied a portion of the
premises himself the other portions being sub-let, but the jury found
that the portion so occupied was as a matter of fact of the rateable value
of £40. Mr. Justice Denman reserved his judgment upon the point of
law which was raised, and on March 19th gave judgment in favor of the
Plaintiff to the extent of £250, but declined to grant costs. The learned
Judge decided that to qualify a person to act as a Vestryman he must
not only be rated to the amount of £40, but that he must beneficially
occupy the whole of the premises for which he is rated himself, and
intimated that in so deciding he was governed by the dicta of the Master
of the Rolls and Lord Justice Lopes in Mogg v. Clark and in R. v.
Soutter.
Mr. "Williamson's Counsel having intimated his intention to appeal,
a stay of execution was granted, so that this point fraught with so
much importance to many Vestrymen yet remains undecided.
POLICE COURT PROSECUTIONS.
The following prosecutions were instituted at the Police Court
under the Acts set forth:—