PASSIVE RESISTERS AT EVESHAM – THE PART PAYMENT QUESTION
At the Evesham County Petty Sessions on Monday before Messrs R F Tomes (chairman), T Adkins, A H Martin and T Byrd, Lionel Edward Horne, gardener, Aldington, was charged with non-payment of poor rate, 12s. Defendant said he was willing to pay all but the education part of the rate. Later he said: “Mr Chairman, I am willing to pay ….”
The Chairman (severely): “We can’t listen to that. We shall issue an execution warrant today.”
Arthur Edwin Thorne, gardener, Wickhamford, was summoned for non-payment of poor rate, amounting to 9s 2d. Mr W R Warmington, Assistant Overseer, gave evidence.
Defendant: “Did I tender part of the rate?”
Prosecutor: “Yes, you offered to pay part of the rate.”
Defendant, addressing the Bench, said it had been held by a Superior Court that if the assistant overseer and overseers refused ….
The Chairman: “We cannot have you coming here to teach us the law. We can’t listen to that. The rate is legally made.”
Mr Martin: “It is a legally made rate, and it is your duty to pay it the same as everybody else.”
Defendant: “It is held by a Superior Court ….”
Mr Martin: “It is held by a Superior Court that this is a conspiracy against the law of England.”
The Chairman: “We have no alternative but to issue an execution warrant, which will be issued today.”
Albert Wyles, gardener, Badsey, was summoned for non-payment of poor rate amounting to £4 17s. Defendant said he took exception to the summons. It said he had not paid the rate or any part thereof, but that he had refused to do so, whereas he tendered all but 5s. He asked the Assistant Overseer whether he had not in his case.
Mr Warmington: “I have had the whole of the rates in others cases.”
Defendant produced a receipt signed by Mr Warmington, showing that Mr Churchill paid 6s 10d, leaving 1s 2d, the education portion of the rate, unpaid. He said he did not think the Assistant Overseer should accept part payment in one case and refuse it in another.
The Chairman: “This has nothing to do with this case. The Assistant Overseer has a perfect right to collect that rate as he thinks fit. He may have very substantial and good reasons for doing this in one case and not another.”
Defendant: “That is a travesty of justice, your worships.”
An execution warrant was issued.
William Machin, gardener, Badsey, was summoned for non-payment of poor rate amounting to 19s 10d. Mr W R Warmington gave evidence. Defendant asked to be allowed to look at the rate book and, having done so, said: “Do you produce the overseers’ instructions to proceed against me?”
Prosecutor: “I do not require written instructions.”
Defendant said he had seen one of the overseers who had informed him that he had instructed prosecutor to accept part payment and to proceed for the education portion of the rate. He refused to pay because this was a sectarian rate. Prosecutor said neither of the overseers had given him any instructions of the kind stated. They told him to use his own discretion in the matter. The Chairman said the statement was no evidence at all. The questions had been raised whether Mr Warmington had not the right to collect the rate. He had a perfect right to collect the rate, and that was not to be questioned. An execution warrant would be issued.
Walter William Blake, gardener, Badsey, was summoned for non-payment of a poor rate, amounting to £1 0s 6d. Defendant said he only refused to pay the education portion of the rate. The Chairman said it was at the option of the collector whether he accepted part payment of the rate or not. An execution warrant would be issued.