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adjourned meeting.
Mr. Clayton (cross-examining): As far as I can
gather, you objected to everything? – No.
You haven’t told us of one single step taken by
anyone but yourself to which you did not object? – Well, in a
small agricultural parish like Ash no one likes to object
(laughter). They are all living on one another. I am not so; I
can object (laughter).
You consider yourself as guardian of canon law in
the parish? – No, but as a parishioner I have certain rights.
And you assert them? – If I think proper
(laughter).
Further cross-examined, witness said that
plaintiff, at his request, wrote to Mr. Wild, inquiring whether
he would stand for the position of churchwarden, and Mr. Wild
replied to the affirmative on a postcard, adding that he ??? not
have a poll. He did not refuse to stand if there were
opposition.
James Robert Talbot, Sunnyside, Hodsoll Street,
market gardener, spoke to voting for M. Wild because he was not
satisfied with the way the money had been dealt with.
This concluded plaintiff’s case.
Mr. Clayton in his address commented on the logical
conclusions of the contention that in considering the validity
of the corporate acts of a corporate body, the Court was not
only entitled to investigate the irregularity of the appointment
of individual members of the body, but to go generations back
and examine the pedigree and title of the persons
concerned. The result in this case would be that every corporate
act of these Managers in the shape of contract and liability
would depend upon the oral representation of what happened |
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in the adjourned vestry meeting in 1911. Such
a proposition was neither in accordance with law nor common
sense. Plaintiff, however, had recognised in every way that the
managers were a properly constituted body throughout the whole
of the enquiry which culminated in his dismissal, and in the
discharge of their other duties. At the meeting on December 6th,
when it was decided to discharge plaintiff, counsel maintain
that there was a quorum of absolutely qualified Managers
present, which gave a clear majority to the resolution, even if
those who’s appointment was called in question had voted
against it.
His Lordship: There was no obligation on the
representatives of the County and Parish Councils to sign a
declaration as to being bona-fide members of the Church of
England?
Counsel: No.
His Lordship: That is the leaven of the unrighteous
that is put into it (laughter).
Mr. Clayton: It is the regular element.
His Lordship: It is rather extraordinary that you
should have to rely on that.
Mr. Clayton: It is quite a comfortable steed to
ride, even if I have to come to that (laughter). Counsel then
submitted that the Managers were a corporate body acting in a
corporate capacity, when they dismissed plaintiff, and that
irregularities were covered by the Education Act, which stated
that their proceedings should not be invalidated by any
vacancies, defective appointment, or qualification, of any
Manager. Until the contrary was proved, the managing body was |