ed, it was admitted the Churchwardens must be resident. But it was
disputed whether it did apply, or whether at common law Churchwardens
must be resident. In Lord Blandford's Act it is provided, in sec. 14,
that wherever and as soon as banns of marriage are authorised to be
published in a consecrated Church or Chapel to which a district belongs,
and the Incumbent is by such authority entitled, for his own benefit, to
the fees arising from the performance of such services, then such
district shall become and be a separate parish for ecclesiastical
purposes, as is contemplated in 6 and 7 Vict., cap. 37, sec. 15, and all
the provisions of the same shall apply; and then, under that Act, sec.
15, when any Church or Chapel shall be built, etc., such district shall
from and after consecration be deemed to be a new parish for
ecclesiastical purposes. This, however, did not in terms, it will be
seen, deal with the present question, and appeared to leave it open, and
so it will be seen it was discussed in the alternative on the ground that
at common law Churchwardens must be resident, and that is not altered by
one Act, and is re-enacted in the other. However, in the present case it
appeared that it had not been so understood, and on April 25, 1889, when,
at Easter, two Churchwardens were chosen for the new district parish of
Christ Church, Beckenham, one of them was a gentleman who had been chosen
in previous years, and who is not a resident, though he is a rated
occupier in the parish. The gentleman in question, a Mr. Matthews, was
elected by a majority of three; no objection was taken at the time, but
afterwards his opponent, a Mr. Hayland, desired to raise the objection,
and on June 24th last obtained a rule _nisi_ for a _mandamus_ to the
vicar to hold a new election of churchwarden on the ground that the
election of Mr. Matthews was invalid, as he was not a resident in the
parish, he having premises there, a "store" and some stabling for which
he was rated, but not living in the parish. The case now came on to be
argued.

Mr. Dibden appeared for the applicant.

Mr. Jeune, Q.C. (with Mr. Houghton), appeared on the part of the vicar to
show cause.

Lord Coleridge said, in giving judgment, that the party elected was not
entitled to hold the office. The effect of the statute was that the new
parish was to be treated for all purposes as the old one--that it was to
be subject to the same law. Now, it was necessary under