Sarah
Hawkins Genealogy Site
Newspaper
Articles
The Chard and Ilminster News and Somerset, Dorset, and Devon Advertiser Saturday 12 Sep 1903
Page 7 Column 3
HUSBAND AND WIFE SUMMONED.
At
the divisional petty session at Langport, on Tuesday, before Colonel
PINNEY (chairman), Messrs. E. W. VALENTINE, C. L. EASTLAKE, A
DICKINSON, and Major PINNEY, the Rev. Samuel JONES, Congregational
minister, was summoned by the overseers of the parish of Langport for
the non-payment of poor rate. The Assistant Overseer (Mr. W.
BANYARD) produced the rate book, which showed that 1s. was due. Mr.
JONES, who admitted that the rate was due, proceeded to question the
assistant overseer as to whether he received instructions from the
overseers before taking proceedings, and Mr. BANYARD replied that he
mentioned the matter to them, and he was within his right in taking
these proceedings. Defendant quoted from Knight's Overseers' Manual
to show that an assistant overseer should have the sanction of the
majority of the overseers of a parish before taking proceedings, and
contended that the summons was bad owing to his not having done so.
In reply to the Clerk, the defendant said he did not intend to call
the overseers to give evidence. He submitted that it was unnecessary
as the assistant overseer admitted that he had not consulted them.
The Clerk: The law says the assistant overseer is right unless the
contrary is proved. The Chairman: You admit that the rate is due?
Defendant: I admit that I have not paid that portion of it that goes
towards sectarian teaching. The Chairman: We may take it you have a
conscientious objection? Defendant – I cannot see my way clear
to pay for sectarian teaching by any denomination. The Chairman: We
cannot go into that. We did not make the Act of Parliament, and it
is our duty to see that the rates are paid. Defendant, who said his
wife was also summoned, argued at some length upon the duplication of
costs. He cited a case bearing upon the point occurring before the
Carlisle bench and said if the magistrates ruled against him he would
ask for an adjournment of his case in order to get legal advice. The
Chairman said the Bench could not accept his definition of the law.
They were not bound by the decision of another court. After further
argument, the Chairman said the Bench had decided to make an order
for the payment of the balance due on the rate and the costs.
Defendant said he would rather go to prison for six months than pay
this towards this sectarian Act. The Assistant Overseer then applied
for a distress warrant, which was ordered.
The wife of defendant,
who was summoned for the non-payment of 3s. balance of poor rate, was
then called forward. In reply to the Clerk, she admitted the rate
was due, but said she objected to pay for sectarian teaching. It was
most unjust. An order for the payment of the rate and costs was
made, a warrant of distress to issue in case of default.
There were a good number of people present, but the proceedings passed off in an orderly manner.