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1862.

THE QUEEN, on the prosecution of the Burial Tuesday,

June 17th. Board of AMERSHAM, against The Overseers of

Burial Acts. COLESHILL.

15 | 16 Vict.

c. 85., 18 8 19 1. Where two parishes or places each maintaining its own poor, are

Vict.c. 128. united together for ecclesiastical purposes, a Burial Board for the whole

à Parishes district, appointed by the vote of the vestry, or meeting in the nature of

istical a vestry, is properly constituted, by virtue of stat. 18 & 19 Vict. c. 128., ecclesiasti read in connexion with stat. 15 & 16 Vict. c. 85.: although this would purposes. have been otherwise under the 15 & 16 Vict. c. 85.

2. In such a case, in the contract for providing for the expenses of the burial ground, the Burial Board ought to fix the sum payable once for all;—not to fix one definite proportion for the amount to which each of the two parishes or places is to be chargeable in future: although this also would have been otherwise under the former Act.

3. In such a case, where money is borrowed by the Burial Board towards the expenses of providing the burial ground, the deed should charge the sum borrowed upon the future rates of the one part of the parish, and also upon the future rates of the other part (a).

M ANDAMUS to the overseers of the poor of the

hamlet of Coleshill in the parish of Amersham in the county of Hertford.

The writ: after reciting that the hamlet of Coleshill was part of the parish of Amersham in the counties of Bucks and Herts, and before and at the time of the passing of the 18 & 19 Vict. c. 128. and 20 & 21 Vict. c. 81., was a place separately maintaining its own poor, and united for ecclesiastical purposes with the residue of the said parish, that is to say, with a place called Amersham, in the county of Bucks, also a place separately maintaining its own poor, and that those two places had a church and also a burial ground for their joint use, and that the inhabitants of those places had been accustomed to meet in one vestry for purposes common to such several places, and that the

(a) This is the case referred to by Crompton J. during the argument in Reg. v. The Overseers of Walcot, supra, p. 557. VOL. II.

3

B. & s.

V.

COLESHILL,

1862. vestry or meeting in the nature of a vestry of those two The QUEEN places did, on the 31st October, 1857, pursuant to the seers of said Acts and other the Burial Acts in force in England,

by and with the approval of one of the principal Secretaries of State, appoint a Burial Board for the two places, that is to say, for the parish of Amersham, in the counties of Bucks and Herts, and thence from time to time did supply vacancies therein, and exercise the same powers of authorization, approval and sanction in relation to such Burial Board, and such other powers as under those Acts are vested in the vestry of a parish or place separately maintaining its own poor, and such Burial Board then became the Burial Board under the Burial Acts for the parish of Amersham; and that the Burial Board, with the sanction of the vestry or meeting in the nature of a vestry of the parish of Amersham, and the approval of the Commissioners of the Treasury, did borrow the money required for providing, laying out and enclosing two several burial grounds theretofore, with the approval of one of the principal Secretaries of State, provided for the parish of Amersham under the Burial Acts to be used, the one as a consecrated and the other as an unconsecrated burial ground, that is to say, the sum of 16001., and charge the future poor rates of the parish of Amersham with the payment of such money and interest thereon; and that the Burial Board did require the sum of 1521. for defraying expenses incurred by them in carrying the said Acts into execution, that is to say, for paying the agreed interest on the principal money the sum of 721., and the further sum of 801., being a sum equal to or exceeding one fiftieth part of the principal money so borrowed, which the Burial Board did then think proper

1862. The QUEEN Overseers of

COLESHILL.

to be then being once for the then current year by them set aside out of the moneys charged as aforesaid, for the purpose of providing a sinking fund for paying off the principal money, and that the sum required by the Burial Board in respect of the portion of such expenses to be borne by the hamlet of Coleshill, such sum having been first ascertained by apportioning such expenses among the two places, in proportion to the value of the property in such several places as rated to the relief of the poor, was the sum of 241. 158. ld.; and that the Burial Board for the purpose of obtaining payment according to law of that sum of 241. 158. ld. by a certain certificate or order under the hands of such number of the Burial Board as were authorized to exercise the powers of the Board, bearing date the 18th of October, 1859, and addressed to the defendants, did direct them to pay the sum of 241. 158. ld. out of the rates for the relief of the poor of the hamlet of Coleshill ; which order or certificate was afterwards served, and that afterwards, on divers days and times, and particularly on the 30th November, 1859, they were required on the part and behalf of the Burial Board to obey the certificate or order; yet that they not regarding their duty as such overseers in that behalf did absolutely neglect and refuse to obey the said certificate or order, to the great damage and grievance of the parish of Amersham, and in contempt of the said certificate or order : commanded the defendants to obey the said certificate or order of the Burial Board for the parish of Amersham, and pay out of the rates for the relief of the poor of the said hamlet; as directed by the said certificate or order, the said sum of 246. 158. ld., and if necessary levy the same

1862. by rate on the said hamlet, and do all things necessary The QUEEN in that behalf, &c.

v. Overseers of

The return stated, that the hamlet of Coleshill was COLESHILL.

not part of the parish of Amersham in the writ mentioned as therein suggested, but, on the contrary thereof, the hamlet of Coleshill was a parish wholly separate and distinct from the parish of Amersham, having separate overseers of the poor, and separately maintaining its own poor, and also having its own vestry wholly separate and distinct from the vestry of the parish of Amersham; that the two places, to wit the parish of Amersham and the parish or hamlet of Coleshill, had not a church or burial ground for their joint use, nor had the inhabitants of the said several parishes or places ever been accustomed to meet in one vestry, as in the writ sug. gested; that no vestry or meeting in the nature of a vestry of the several parishes or places ever did appoint such Burial Board as in the writ suggested, but that, on the contrary thereof, the vestry or meeting in the nature of a vestry, at which the supposed Burial Board was appointed as in the writ mentioned, was a meeting of the vestry of the parish of Amersham only, and the Burial Board so appointed at the said meeting, as in the writ mentioned, was appointed by the vestry of the parish of Amersham only, without the sanction, consent or concurrence of the vestry, or any meeting in the nature of a vestry, of the parish or hamlet of Coleshill; and that no vestry or meeting in the nature of a vestry of the parish or hamlet of Coleshill ever sanctioned, consented to or concurred in the said appointment; that although the Burial Board did as in the writ suggested, charge the future poor rates of the parish of Amersham with the payment of the money and interest

COLESHILL.

in the writ mentioned, the Burial Board never did in 1862. fact charge the future poor rates of the hamlet of The QUEEN Coleshill with the payment of the said money and Overseers of interest, &c.

Issue having been taken on the return, the cause went to trial; when a verdict was taken for the prosecutors, subject to the following special case, which was stated by an arbitrator, in pursuance of an order of nisi prius.

Amersham, otherwise Agmondeshan, (which is for the purposes of this case, and for those purposes only called Amersham proper), is in the county of Buckingham, and adjoins Coleshill, which is in the county of Hertford. One church, which is in Amersham proper, is used for marriages, baptisms, and public worship by the inhabitants of both places; and some inhabitants of Coleshill have specific pews allotted to them in it. The rector of Amersham receives as such rector the tithes of Coleshill ; and the presentations to such rectory describe it as “the rectory of Agmondeshum, in the county of Bucks." There are three dissenters' chapels in Amersham proper, but no place of public worship in Coleshill. Adjoining the church is a churchyard, in which the bodies of persons dying in either of the places at all times before the 1st January, 1860, were buried as of right; and the churchyard during all that time, up to the time of its being closed, was a burial ground for the joint use of the two places. There were also burial places in connection with two of the chapels.

The registrations of baptisms, marriages and burials, have always heretofore been made in register books common to both places. The register book of burials between the years 1678 and 1726 is headed, “ The names of all such persons as were buried in the parish church of Agmondesham, in the county of Bucks." For the

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