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63
Church. Counsel were therefore called upon to advise. The
"case" and opinions are worthy of perusal:—
26th June, 1734.
Q. 1. Whether the Church Wardens and Vestry of St. Margaret's
Parish have not a right in themselves to Direct all Necessary
Repairs to be done to the Church of the said parish as they did
before St John's was Erected into a parish without the Concurrency
of Consent of the Vestry of St John's ?—
Serjeant Hawkins's Opinion.
It is my opinion that the Churchwardens and Vestry of
Saint Margaret's have the same power in relation to this
matter as they always have Exercised, for, there being
nothing said in the Statutes to restrain them, they must be
intended to continue as before.
Serjeant Eyre's Opinion.
I apprehend that the Churchwardens and Vestry of St.
Margaret's Parish have a right in themselves to direct all
necessary Repairs to be done to the Church of the said
Parish as they did before St. John's was Erected into a
parish without the Concurrence or Consent of the Vestry of
Saint John's.
Q. 2. Whether when a rate is become necessary for defraying the
Expense of the Repairs of the Church of St. Margaret's, the
Churchwardens of that parish, the Overseers of the Poor and
Surveyors of the Highways or some of them with or without
the Vestry of Saint Margaret's may not Lawfully Assess Collect
and Levy the same upon and throughout the Limitts of both
parishes, though the Vestry of St. John's should not attend
the before mentioned Annual meeting appointed by the said
Act of the Tenth of Queen Anne or should not come to an Agreement
for a Rate (when proposed) for repairing the Old Church ?
And how farr the law extends the power of a Negative in the
Vestry of the New Parish against a Rate for the Repair of the
Mother Church ?—
Serjeant Hawkin's Opinion.
I am of Opinion that the Overseers of the Poor and
Surveiors of the Highways have nothing to do in this matter,
but that if the Churchwardens and Vestry of Saint Margaret's
have time out of mind made Church Rates, they may do so
still by the Express Words of the 25th Section, which in
case that such Agreement shall not be made as is mentioned
in the 24th Section, gives the same power to the Church
Wardens of the Old Parish as they had before the Division.
But before the making of such rate I would advise the
Summoning of another meeting of both parishes in pursuance
of the said 24th Section, and in such meeting it will be
proper to propose the Ascertainment of the Monys to be