The Queen against Willim and Cross, Chapelwardens of Bilston in Staffordshire
| Jurisdiction | England & Wales |
| Judgment Date | 20 November 1850 |
| Date | 20 November 1850 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 775
QUEEN'S BENCH.
QUEEN'S BENCH REPORTS. By JOHN LEY-CESTER ADOLPHUS, of the Inner Temple, Esq., and THOMAS FLOWER ELLIS, of the Middle Temple, Esq., Barristers at Law. New Series. Yol XYI. Containing the CASES DETERMINED in Michaelmas Term and Yacation, Hilary Term and Yacation, and Easter Term. XIY. YICTORIA. [1] cases argued and determined in the queen's bench, in michaelmas term and vacation, XIV. victoria (a). The fire following cases of Michaelmas term were omitted in Volume XV. for want of space. the queen againsi willim and cross, Chapelwardena of Bilaton in Staffordshire. Wednesday, November 20th, 1850. The township of Bilston was a populous district situated within the parish of Wolverhampton, had constables of its own, and maintained its own poor. It had, from time immemorial, chapelwardens and a chapel ol its own. Divine service was performed, and the sacraments of the church administered, in the chapel, the repairs of which were paid for by the township. It had had its own burial ground from the year 1727 ; but, until then, it had had none but that of Wolverhampton: and, down to 1740, but not later, the township made payments to the clergy of Wolverhampton church in respect of burials at Bilston. There was evidence of payments made from 1727 to 1740, to the clergy of Wolverbampton for churchings at Bilston Chapel; and of marriages having been celebrated there by license and banns from 1695 to 1754, but not afterwards till 1843, when the chapel was licensed under the Registration Act. There was also evidence of payments made, from time to time by Bilston to the churchwardens of Wolverhampton, on account of Wolverhampton Church, beginning in 1689 and ending in 1752: which payments were sometimes entered in account as "levies." Held, that these facts did not shew Bilston to be a " parish," within the intention of the Church Building Act, 58 G. 3, c. 45, s. 59. The chapel of Bilston being insufficient for the accomoctation of its inhabitants, they, in vestry, resolved that a grant offered to them by the Society for Promoting the Enlargement, &c., of Churches and Chapels should be accepted, and that the chapel should be enlarged according to the society's plans, " any deficiency in the expense to be made up by the sale " of certain private pews, " and by rates under the Act of Parliament." They also resolved to petition the Commissioners for Building New Churches to erect anew church in the township; and the petition was presented, stating the inability of the inhabitants to build a church, and that the enlargement, now agreed upon, would require a rate of Is. in the pound for five years, which they had pledged for that purpose. The chapelwardens then (a) The Court sat in Bane, during Michaelmas vacation, on the 27th and 28th of November, and 3rd, 4th, 6th and 7th of December. 775 776 THE QUEEN V. WILLIM 16 Q. B. 2. borrowed of an individual 6001., on the security of the exiating and future rates, for the purpose of the enlargement. On mandamus to repay the 6001.; return, that the sum was not borrowed with the consent of the vestry within the meaning of stat. 58 G. 3, c. 45 : Held that the writ could not be enforced, the resolutions of vestry not being a consent to the borrowing of money within stat. 58 Q. 3, c. 45, s. 59. In this case, certain issues upon traverses of the return to a writ of mandamus came on to be tried before [2] Coleridge J. at the Stafford Summer Assizes, 1847; when a verdict was taken for the Crown on all the issues, subject to the opinion of this Court on the following case. The mandamus recited that there was, and from time immemorial had been, a chapel within the township of Bilston, at which divine service had, during all that time, been performed; and that the costs and expenses of repairing such chapel were, and from time immemorial had been, defrayed by rates upon the possessors and occupiers of bouses, lands and tenements situate within the township and not elsewhere ; and that, since the passing of stat. 58 G-. 3, c. 45, " for building and promoting the building of additional churches in populous parishes," to wit on 29th November 1827, Joseph Price and Thomas Banks, the then chapelwardens of the township, did, with the consent of the vestry of the township, and of the incumbent of tha chapel, and of the bishop of the diocese, in pursuance of the powers of the said Act, borrow, on the credit of the rates of the township, of Thomas Brueton, the sum of 6001., the same being a sum necessary for defraying a part of the expense of enlarging and otherwise extending the accommodation in the chapel; and that thereupon the said Price and Banks, the incumbent, and one John Dean, duly exe-[3]-cuted to the said T. Brueton a deed of charge upon the said rates. The deed was set forth in the writ. It recited a resolution by the majority of a vestry meeting on 30th June 1825, for the terms of which see p. 8, post. It also recited a faculty, dated 12th January 1826, granted by the official principal of the peculiar jurisdiction of the Collegiate Church or King's Free Royal Chapel of VVolverhampton, in which the said chapel and chapelry of Bilston is situate, on the suggestion and petition of the perpetual curate and chapelwardens, for enlarging the said chapel, and erecting new seats and galleries therein, &c., under certain conditions as to reservation of free seats, &c. The deed also recited the consent of the Bishop of Ldchfield (by deed poll) that the chapelwardens, with the consent of the vestry and incumbent, might borrow on the credit of the rates such further sum, not exceeding 20001., as should be necessary for defraying part of the expense of repairing or otherwise extending the accommodation in the said chapel, and might raise money by rates for payment of the interest and principal: and that Thomas Brueton, of, &c., had agreed to advance 6001., to be secured on the chapel rates as was after mentioned, towards enlarging and rebuilding the chapel and effecting the purposes aforesaid, to be repaid as follows; viz. 51. per cent, interest half-yearly, on days named, and the principal by two instalments in 1838 and 1839. And, after these recitals, Price, Banks and Dean, with the consent (as the deed stated) of the bishop, of the inhabitants of the township in vestry, and of the incumbent, charged the township with the said sum of 6001. and with the repayment thereof according to the terms and conditions above stated; and, with the consent [4] aforesaid, and in pursuance of the Acts for the building and promoting the building of churches, &e., declared " that the said sum of 6001. is, and shall continue to be, chargeable and charged upon the chapel rates now raised or hereafter to be raised in the said township of Bilston until the said sum of 6001., together...
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