the old law that
churchwardens should be living in the parish. This gentleman was not so;
and therefore was not under the old law "a fit and proper person" to hold
the office of churchwarden. The Churchwarden had to discharge various
duties which required knowledge of the parish and parishioners. It was
said that there were authorities to the contrary in the Ecclesiastical
Courts; but speaking of them with the utmost respect, those were
ecclesiastical cases, and this was a common law case--that is, a case to
be decided by the common law--and he did not think that by the common law
a party not living in the parish, and perhaps living at a distance, was
qualified to be elected, and, if elected, bound to serve the office of
churchwarden. It appeared to be clear, rating would not be enough. It
was admitted that there must be some kind of occupation equivalent to
actual residence, and in the present case there was nothing of the kind.
No doubt the parishioners were glad to have a respectable gentleman to
fill the office. No doubt the word "residence" had received under
different statutes different interpretations, the sense being necessarily
different. Sometimes it meant where a man could be found during the day;
sometimes it meant where he slept or lived; and for some purposes perhaps
this gentleman might be deemed a resident, but for this purpose it was
necessary that he should live in the parish, be acquainted with the
parishioners, and thus be able to exercise the duties of his office,
which were to be personally exercised. The rule for a _mandamus_ to the
vicar, therefore, must be made absolute.

Mr. Justice Mathew concurred.

Rule absolute for a _mandamus_.

From the _Times_, Nov. 29th, 1889.

APPENDIX II.

7 Gul. IV, and 1 Vict., cap. 45, sec. 3.

Be it further enacted that no such notice of holding a Vestry shall be
affixed on the principal door of such Church or Chapel unless the same
shall previously have been signed by a Churchwarden of the Church or
Chapel, or by the Rector, Vicar, or Curate of such parish, or by an
Overseer of the Poor of such parish; but that every notice so signed
shall be affixed on or near to the principal door of such Church or
Chapel.

APPENDIX III.

58 Geo. III, cap. 69, 3rd June, 1818.
_An Act for the Regulation of Parish Vestries_.

Sec. 2.--For the more orderly conduct of Vestries be it further enacted
that