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His Lordship: When are the
appointments made – every three years?
Mr. Lawrence replied that there was a little
difficulty about that; but certain persons were appointed in
1907, and it would appear that neither they nor their
predecessors signed the declaration. If their actions were
impugned, it was quite possible they would all turn out to be
invalid.
His Lordship: You must go back to some person who
did sign the declaration.
Mr. Lawrence did not think his position was
affected by the fact that the predecessors of the present
foundation managers did not sign. It was sufficient to show that
these Managers did not do so. Immediately prior to the Easter
vestry meeting of 1911, he said, the Managers were the Rector:
Messrs. Lombarde and Wild, Churchwardens, nominated Managers;
Mr. Antrum, co-opted Manager: and Messrs. Day and Hollands,
appointed by the Kent County Council and Ash Parish Council
respectively. Messrs. Wild and Antrum were appointed in 1907,
but had attended or been summoned to meetings after their three
years had expired. On April 29th 1911, Mr. Lambarde wrote to the
Rector, saying he could not again serve as Churchwarden, and the
vestry meeting was adjourned to May 1st, when the Rector
nominated Mr. Green as his warden. Mr. Petherbridge objected on
the score that Mr. Green was not a resident householder, and had
no office or place of business in the Parish. Mr. Green rented
about six acres of arable land, but that, it was contended, was
not sufficient to qualify him to act as churchwarden. The Rector
over-ruled the objection, however, |
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and Mr. Green was appointed. Messrs. Wild and
Holmes were nominated for the position of Parish wardens, and on
a show of hands, three persons, it was alleged, voted for each.
One of those who voted for Mr. Holmes was a Mr. Meadway, who
lodged in the village, and, it was urged had no qualification to
attend the meeting or vote.. Mr. Petherbridge accordingly
objected; but the Rector over-ruled the objection, and, it was
contended, gave his casting vote for Mr. Holmes. Mr. Meadway
supported Mr. Holmes, but three good votes were recorded for Mr.
Wild. There would, said council, be a difference of opinion as
to whether the Rector, who had already appointed his own warden,
was entitled to take part in the election of the parish warden.
The churchwardens were duly admitted to office by the
archdeacon, but that was purely a ministerial act, and the
archdeacon had nothing to do with the validity of the election.
On May 22nd there was a meeting for the election of two
Foundation Managers, at which there were present the
Rector, the Churchwardens and the Overseers, Messrs. Holmes,
Holland and F.H. Terry. Mr. Holmes was both Churchwarden and
Overseer. It would be contended that these Churchwardens, not
being validly elected, could not take part in the election of
the Managers, but Messrs. Green and Holmes were appointed. Then,
it was alleged, they co-opted Mr. Meadway. Counsel contended
that Messrs. Wild and Antrim were Managers until their
successors were elected, and therefore aught to have been
summoned to this meeting, but they received no notice of it
whatever.
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