Ex parte Mawby

JurisdictionEngland & Wales
Judgment Date29 May 1854
Date29 May 1854
CourtCourt of the Queen's Bench

English Reports Citation: 118 E.R. 1310

COURTS OF QUEENS BENCH AND THE COURT OF EXCHEQUER CHAMBER.

Ex parte Mawby

S.C. 23 L.J.M.C. 153; 18 Jur. 906; 2 W.R. 473. Followed, Shaw v. Thompson, 1876, 3 Ch. D. 251.

[718] Ex parte mawby. Monday, May 29th, 1854. Where, upon the election of a churchwarden, the chairman of the vestry meeting had rejected votes which were alleged to be admissible, but it did not appear that the rejection had caused any difference in the result, this Court refused to grant a mandamus ordering a fresh election. Though the persons, whose votes had been rejected, were parties to the application. [S. C. 23 L, J. M. C. 153 ; 18 Jnr. 906; 2 W. R. 473. Followed, Shaw v. Thompson, 1876, 3Ch. D. 251.] Lush moved for a rule, calling on the vicar and churchwardens of the parish of Bowin, in Lincolnshire, to shew cause why a mandamus should not issue, commanding them to convene a meeting of the inhabitants in vestry, for the election of a churchwarden for the remainder of the present year. It appeared by affidavit that, pursuant to the provisions of stat. 13 & 14 Viet. c. 99 (a), the inhabitants of the parish in vestry assembled, about 12th September, 1850, duly declared and ordered that the owners of tenements in the parish, the yearly rateable value whereof should not exceed 61., should be rated and assessed to the rates for the relief of the poor in respect of such tenements, instead of the occupiers thereof ; and that such order had never been rescinded, and still remained in full force. The affidavit set out extracts from an assessment for the relief of the poor, made 27th March 1854, by which it appeared that the rating had been made in conformity with the order. The custom of the parish was, annually, on Easter Monday, to elect the two churchwardens for the ensuing year; one of whom was appointed by the vicar, and the other by the parishioners duly assembled in vestry for such purpose. On Easter Monday, 17th April 1854, a vestry was convened for the purpose of such election. The vicar presided, and named one person as vicar's churchwarden: and Robert Nicholas Munton and Robert Mawby were [719] July proposed and seconded for the office. The show of hands was declared to be in favour of Munton : a poll was demanded, and held on the following day ; to which time the vestry was adjourned, and at which adjourned vestry the vicar presided. Votes were then tendered on behalf of Mawby by seven persons named in the affidavit, who occupied...

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