case vernon versus blackerby march SC barn Charles Rep more full report it  never be the intention of the act for building the new church that there shall  be a suit in the ordinary court of justice the commissioner be the person to  determine any dispute Lord chancellor this be one of the most extraordinary  bill I ever remember and there be no foundation for relief either in law or  equity it be bring against Mr blackerby who be nothing but a officer under the  commissioner for building the fifty new church it will be absurd if a bill  shall lie against a person who be only a officer and subordinate to other and  have no directory power atkins it have be insist by the plaintiff counsel that  it be not necessary to bring the commissioner before the court but that it be  very sufficient to have the treasurer Mr blackerby who issue out the money and  they have compare it to the case of the bubble in the year but this be by no  mean like that case for there although several person be interest yet they  lodge a general power and authority in some few only and therefore to avoid  inconvenience from make such numerous parties this court restrain they to  those particular person who be entrust with this general power the several  part of the relief pray be these first that the defendant shall pay the  interest of two thousand pound from Michaelmas to the Michaelmas follow which  be pray to be pay out of the gross fund give by the first of the late king  before it be vest in Southsea annuity second that the plaintiff may be pay  interest from ladyday to the Michaelmas follow out of the sum of three  thousand pound three that interest may be pay out of the residue till it be  place out in land as to the question whetl er tl e plaintiff be come into a  proper court I be of opinion that he be not for it never be the intention of  these act of parliament that he shall come into ordinary court of justice and  I may compare it to act of parliament which give toll or turnpike act the  commissioner be to determine any dispute arise upon these act but suppose I be  not to make this construction upon the several statute relate to the fifty new  church the proper method even then will have be to move the court of king  bench to have grant a mandamus for if the commissioner or their officer do any  thing improper the court of king bench will oblige they to make a return to  the mandamus atkins er p but as the act of parliament express direct that the  commissioner shall account for the distribution of this branch of the revenue  before the auditor of the treasury if there be any grievance there can be no  relief but upon a application to a court of revenue for if I shall direct a  account before a master the two account will clash nor do I know any thing  that can give mea jurisdiction unless there be some fraudulent circumstance I  be of opinion all these several act of parliament must be take together or  otherwise it will be a most inconsistent system Q whether c S say the money so  to be issue as atkins aforesaid shall be pay unto such person or person not be  of the number of the commissioner for the end and purpose aforesaid as her  majesty her heir and successor shall from time to time direct or appoint to be  the treasurer or treasurer on this behalf and shall be receive by he or they  by way of impress and account for only by such treasurer or treasurer and  shall be disburse expend and apply by such treasurer and treasurer respective  accord to such order and warrant as he or they shall receive from the  commissioner or any five or more of they for all or any of the use by this or  the former act prescribe or allow and not to any other use intent or purpose  whatsoever which say treasurer and treasurer shall be respective Accountable  in the exchequer for the same I read be clause relate to the treasurer to show  that it be clear he can not issue a penny without a previous order from the  commissioner Geo stat c S and relate to the maintenance of the minister of the  fifty new church Geo c S enact that the sum of pound of lawful money of great  Britain c shall be allot and appoint for and as the share and interest which  the rector for the time be of the say new parish church in or near Bloomsbury  market shall have or be entitle to out of the same money and the treasurer for  the time be be hereby require by and out of the first money which be or shall  be issue to he as soon as convenient may be to lie out and dispose of the say  sum of pound or any part thereof accord to such order and warrant as he shall  from time to time receive from the commissioner any five or more of they in  purchase land c to be convey to and settle upon and to the use of the say new  church for the time be and his successor in the say church for ever for and  towards his and their maintenance to be lie out in the mean time on real  security or in the public fund and the interest and produce to the rector  atkins there be some variation in the pen of this act but not such as to  create any difference in the authority or power of the commissioner for if  there have be no such clause of order and warrant under commissioner hand I  shall still have be of opinion from the general tenor of those act of  parliament that nothing can have issue by order of the treasurer without a  previous order from the commissioner if this be so then with regard to the  other relief that be pray as to the dividend on the Southsea annuity from  ladyday to September the five follow the treasurer be a officer only and  oblige to pursue the direction of the commissioner may not be want for every  particular sum yet for every re certain ought to be one commissioner only and  not the treasurer ought to have be party for it be absurd to make a person who  act ministerial the sole party I agree that it be the intention of the  legislature that if the money can not be lie out in land before that the  minister for the time be shall not be without a maintenance and that it shall  have be pay out of the gross produce but here be no minister for doctor Vernon  be not entitle till February and yet he have interest from the Michaelmas  before but the plaintiff be so unreasonable as to ask for the time that he be  not minister from the midsummer before it be most absurd that a new rector  shall expect to diminish a gross fund before he be actual institute or in any  sort of possession whatever when there be sale of Southsea stock in this court  if it be sell during the run of a dividend and before the half year be  complete it can be separate the money have be lie out in land and therefore it  be impossible to have the very money unless I will decree a sale of so much of  the land and accord to the opinion I have already give this ought not to be do  without a order of the commis atkins er p sioners nor will I direct a sale of  part of the annuity to raise the sum pray by doctor Vernon unless I have the  commissioner before the court the cause be order to stand over for want of  party upon the plaintiff pay the cost of the day