| Citation |
GG(J.769.016
10 May 1769:31 (293)
Some months ago, a poor man died; the person who out of
charity had taken care of him in his sickness intending to
bury him without any charge to the parish, had him buried in
the way of his profession as a Dissenter, the meeting bell
tolled, and the sexton of the Meeting attended.
Since that the mate of a vessel died, who being a
Presbyterian, his Captain also though fit to have him buried
in his own way. Thereupon a suit was brought against that
Captain and the other person for the following fees, being
the account given in the first case:
To tolling the bell, L 0 3 6
To the ground L 0 3 6
A law bring produced the fee for breaking of the ground
was not disputed, but as to tolling the bell, it was thought
no man could be entitled to wages that had done no work, and
so the decision was left to a jury.
The judge, who had declared his opinion upon the merits
of the cause long before the trial, upon the trial observed,
that the sexton had a legal right to a fee for any burial
within the parish whether he was desired to attend or no,
and though in a private plantation. He also with his usual
good manners declared, that the Dissenter had no right to
the use of a bell at all, and that the Rector of the parish
was to blame that he had it not pulled down. . . [verdict
given against the defendant]
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