politan police district or the city of London, or if the resident house- 3. Vestries holders therein should amount to more than three thousand, then and in under 1 & 2 that case the vestry elected under this act shall consist of resident house- Will. IV. c. 60. bolders rated or assessed to the relief of the poor of such parish upon a rental of not less than 40%. per annum” (a). adoption of this former vestries. Sect. 27. "From and after the adoption of this act in any parish the Vestries apvestry shall exercise the powers and privileges held by any vestry now pointed after the existing in such parish, and the authority of such vestry may be pleaded act to exercise the before any justice or justices of the peace, or in any court of law, in re- authority of gard to all parochial property, or monies due, or holdings or contracts, or other documents of the like nature, formerly under the control or in the keeping of the said vestry of the said parish; and all parish officers or Not to affect local boards shall account to them in like manner as they have accounted to acts regarding the said vestry: Provided always, that nothing in this act shall be deemed, worship, &c., exconstrued, or taken to repeal, alter, or invalidate any local act for the cept as herein government of any parish by vestries, or for the management of the poor expressed. by any board of directors and guardians, or for the due provision for divine worship within the parish, and the maintenance of the clergy officating therein, otherwise than is by this act expressly enacted regarding the election of vestrymen and auditors of accounts." vestries, divine at any meeting to Sect. 28. All powers or duties to be performed by the vestry of any The acts of a quoparish adopting this act may be exercised and performed respectively by rum of the vestry the major part of such vestry assembled at any meeting, there not be considered as being less than five vestrymen present at a meeting of a vestry which the acts of the consists of twelve or more elected vestrymen and not exceeding twenty- vestry. three, and not being less than seven vestrymen present at a meeting of a vestry which consists of twenty-four or more elected vestrymen and not exceeding thirty-five, and not being less than nine vestrymen present at a meeting of a vestry which consists of thirty-six elected vestrymen or upwards; and all orders and directions given, and all contracts and engagements entered into by the vestrymen present at any such meetng, or the major part of them then assembled, shall be as valid and effectual as if the same were done by all the said vestrymen for the time being, and shall be binding and conclusive on all such vestrymen, provided that the same is confirmed at the next subsequent meeting of the Testry." Sect. 29. "In any case in which the vestry room of any parish in any Meetings not to city or town shall not be sufficiently large and commodious for any be held in the restry meeting, such meeting shall be held elsewhere within the said parish or place, but not in the church or chapel thereof." church. Sect. 30. "At every meeting of any vestry, in the absence of the Meeting to elect persons authorized by law or custom to take the chair, the members pre- a chairman. (a) If a parish adopting the act be within the metropolitan police district, the city of London, or contain more than 3,000 resident householders: -It has been held, under this 26th sect. that the rental of 401. being the qualification required for vestrymen, may be made up of tenements separately beld, and not in the occupation of the vestrymen. (R. v. St. Pancras' Churchwardens, 1 Ad. & Ell. 80; 3 N. & M. 425, S. C.) The qualification must be perfect at the time of election; but if unqualified persons be elected, this does not avoid the election of qualified vestrymen or anditors elected at the same time. The election should be void so far only as respected the vestrymen improperly elected for want of qualifications. (Id.) A parish which adopted the act had previously been governed by a vestry established by a local act, which defined the qualification of a vestryman, and prescribed an oath to be taken before any vestryman should be capable of acting in the execution of that local act; by the oath the person swore to execute the powers reposed in pursuance of the same, and that he was possessed of the qualification prescribed thereby, which was different from that required by this statute :It was held, that the oath prescribed by the local act was not to be taken by the vestrymen elected under this act, for it was no longer applicable. (Id.) 3. Vestries under 1 & 2 Will.IV. c. 60. Proceedings to be entered in books o be open to in spection. Account books to be kept, and be open to inspection. Auditors to be Qualification. sent shall elect a chairman for the occasion before proceeding to other business." Sect. 31. "The vestry of every parish adopting this act shall cause to be provided and kept a proper book or books, and proper entries to be made therein of the names of the several vestrymen who shall attend the respective meetings of the vestry, and of all orders and proceedings made or taken at such meetings; and all such books shall at all reasonable times be open to the inspection of the said vestrymen, and of any person rated or assessed to the relief of the poor of the said parish, and of any creditor on the rates of the said parish, without fee or reward; and the said vestrymen, persons, and creditors, or any of them, shall and may take copies of or extracts from such books respectively, without paying any. thing for the same; and in case the clerk to the said vestry, or other per sons having the care of such books shall refuse to permit, or shall not permit the said vestrymen or such persons or creditors to inspect the same, or to take such copies or extracts as aforesaid, such clerk or other person shall forfeit and pay any sum of money not exceeding 101. for every such offence." Sect. 32. "The said vestry shall and they are hereby required to cause a book or books to be provided and kept, and true and regular accounts to be entered therein of all sums of money received and disbursed for or on account of parochial purposes, and of the several articles, matters, and things for which such sums of money shall have been so received and dis bursed; which book or books shall at all seasonable times be open to the inspection of the said vestrymen, and of any person or persons rated to the relief of the poor of the said parish, and of any creditor or creditors on the same, without fee or reward; and the said vestrymen and persons and creditors as aforesaid, or any of them, shall and may take copies of or extracts from the said book or books, or any part or parts thereof, without paying any thing for the same; and in case the clerk to the said vestry men, or other person with whom such books shall remain, shall on any reasonable demand refuse to permit or shall not permit the said vestrymen, persons, or creditors, or any of them, to inspect the said book or books, or to take such copies or extracts as aforesaid, such clerk or other person as aforesaid shall forfeit and pay any sum not exceeding 101. for every such offence." Sect. 33. "In any and every parish adopting this act, the parishioners chosen annually. duly qualified to vote for vestrymen as aforesaid shall elect five rate-payers of the said parish who shall have signified in writing their assent to serve to be auditors of accounts, which auditors shall be so elected on the first day on which the vestrymen shall be chosen after such parish shall have adopted this act, and according to the same forms of voting as are hereinbefore prescribed for the election of the said vestry: Provided always, that no person shall be eligible to fill the said office of auditor of accounts who shall not be qualified according to the provisions of this act, as hereinFurther qualifica- before stated, to fill the office of vestryman for the said parish; and protions of auditors. vided always, that no person shall be eligible to fill the said office of auditor of accounts who shall be one of the vestry for the said parish; and if any person on the day of annual election shall be chosen to be both a member of the vestry and an auditor of accounts, the said vestry, at their first meeting after such election, shall declare the said person inDisqualification. capable of acting as vestryman: Provided also, that no person shall be eligible to fill the said office of auditor of accounts who shall be interested, either directly or indirectly, in any contract, office, business, or employ, or in providing or supplying any materials or articles for the parish for which he is to serve; and any person who shall be discovered, after his election, to be so interested, shall cease to be an auditor." Mode of audit. Sect. 34. "The aforesaid auditors of accounts shall meet twice at least in each year, at the board room of the vestry, and (a majority of the said auditors being present at such meetings) shall proceed to audit the accounts of the said vestry for the preceding half year, in presence of the Will. IV. c. 60. vestry clerk; and the said vestry are hereby required by their said clerk, 3. Vestries to produce and lay before the said auditors at every such meeting a true under 1 & 2 and just statement or account in writing, accompanied with proper vouchers, of all sums of money which may have come to the hands of the said vestry, or of their treasurer, and also of all monies paid, laid out, or expended by them, or by any churchwardens, overseers, surveyors, or other persons by them employed, and responsible to the said vestry, since the last period up to which the accounts of the said vestry were audited; and in all parishes in which other boards shall have control over any part of the parochial expenditure, the said auditors shall have the same power of examining the accounts and officers thereof as of examining the accounts and officers of the vestry, and shall audit the accounts of the said boards in the same manner as they audit the accounts of the said vestries " (a). Sect. 35. "The said auditors shall have power to summon and call Auditors may call before them, by a writing for that purpose signed by any one of them, or by the clerk of the vestry of any parish adopting this act, any parish officer or other person or persons whatsoever concerned in the said accounts, and to require of him or her or them to attend the said auditors at any meeting or adjourned meeting, and to bring with them all books of accounts, writings, papers, and documents required, which may concern the said accounts, and to give such information as to the particulars of such accounts as he, she, or they shall be enabled to give (b); and any parish officer or other person refusing so to attend, or otherwise wilfully obstructing the purposes of such inquiry, shall be deemed guilty of a misdemeanour." for persons and books. Sect. 36. “The said accounts, when audited and approved by the said Accounts to be anditors, or by the major part of them, shall be by them signed in the signed by auditors. presence of the clerk of the aforesaid vestry of any parish adopting this act, and the said clerk of the vestry shall also affix his signature to the same; and it shall be lawful for the aforesaid auditors to subjoin such remarks thereto as to them shall seem meet." Sect. 37. "The said accounts, when so audited and signed, shall Accounts after (a) It will be seen that this section eacts that the auditors "shall meet twice at least in each year, at the board room of the vestry, and (a majority of the said auditors being present at such meetings"), shall audit the accounts of such vestry, and the vestry are required **at every such meeting" to produce a true account in writing, &c., and the saditors are to have the same power of mining the accounts of certain other boards, and are to audit them in the seme manner. A mandamus issued, calling upon a board to attend with and produce to the auditors their accounts, at ruch time and place, or at such times and places as a majority of the auditors might appoint, and then and there give such information as to the accounts as they might be enabled to give, accordng to the directions of the act. On return to such mandamus and concilium obtained on the part of the Crown:Held, that the mandamus exceeded the authority given by the act, and that the court could not in part enforce it by a peremptory mandamus, limited as to the place of meeting; and the court quashed the mandamus. (R. v. New Church Trustees of St. Pancras, 3 A mandamus to account before au- Semble, that all boards, &c., having (b) Church trustees, under a local 3. Vestries under 1 & 2 Will. IV. c. 60. audit to be open to inspection. Abstracts of ac lished fourteen audited. remain at the office of the clerk of the said vestry; and that the said accounts shall after such audit be open and accessible for the examination, at all seasonable times, of any person rated to the relief of the poor of the said parish, and of any creditor on the rates thereof: Provided always, that nothing in this act contained relative to the appointment and duty of auditors shall debar the parishioners from any remedy by them before possessed by the law of the land." Sect. 38." An abstract of the accounts of all monies received and discounts to be pub-bursed by the vestry in any parish adopting this act shall twice in every days after being year, within fourteen days after the same shall have been audited in manner in this act mentioned, be made out by the said vestry, either in writing or in print, and a copy of such abstract shall be delivered to all persons applying for the same, and rated or assessed to the relief of the poor of the said parish, such person paying 1s. for the same; and which copies the said clerk is hereby required to cause to be published either in writing or print, and distributed accordingly." Vestry to make out and publish yearly a list of estates, charities, and bequests, &c., with the ap plication thereof. Saving of ecclesiastical jurisdic tion. Meaning of terms Sect. 39. "In any parish adopting this act the vestry shall cause to be made out, once at least in every year, a list of the several freehold, copyhold, and leasehold estates, and of all charitable foundations and bequests, if any, belonging to the said parish and under the control of the said vestry, the said list to contain a true and detailed account of the place where such estate or charitable foundation may be situate, or in what mode and security such bequest may be invested, specifying also the yearly rental of each, and the particular appropriation thereof, together with the names of the persons partaking of their benefit (except where such benefit shall be allotted to the poor of the parish generally), and what amount in each case, and also stating the name and description of the persons in whom such estates are vested, and the names and descrip tion of the trustees for each charity: Provided always, that the aforesaid list shall be open for the inspection of the rate-payers, at the office of the vestry clerk, at the same time with the accounts when audited according to the provisions of this act." Sect. 40. "Provided always, that this act or any thing therein contained, shall not extend to or be construed to extend to invalidate or avoid any ecclesiastical law or constitution of the Church of England, save and except so far as concerns the appointment of vestries, or to destroy any of the rights or powers belonging to the archbishops, bishops, deans, or other of the clergy of the said established church, either as individuals or as corporate bodies, or in anywise to abridge or control the ordinary jurisdiction over or relating to any matter or thing respecting the ministers thereof." Sect. 41. "And in order to remove doubts as to the meaning of cer used in this act.; tain words in this act, be it enacted, that the word 'justice' shall be deemed to mean justice of the peace; and that the words 'person' and 'party' shall be deemed to include any number of persons or parties; and that the words 'justices of the peace of the county or city' shall be deemed to include justices of the peace of any division of a county, liberty, division of a liberty, precinct, county of a city, county of a town, cinque port, or town corporate; and that the word 'parish' shall be deemed to include any liberty, precinct, township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor; and that the word 'rate-payers' shall include 'ley-payers;' and that the meaning of the several words in this act shall not be restricted, although the same may be subsequently referred to in the singular number or masculine gender only." Sect. 42. The words church or chapel,' insomuch as regards the affixing of notices as by this act directed, shall be deemed to include all places of religious worship according to the forms of the established church; and that in any parish or place not having a parish church or chapel as aforesaid, the said notices shall be affixed to some public building within the limits of the said parish or place." As to affixing notices. Sect. 43. "Provided always, that nothing in this act contained shall 3. Vestries extend to any parish not being within or being part of any city or town, under 1 & 2 in which parish there shall not be a greater number than 800 persons Will. IV. c. 60. rated as householders, and having paid the rates for the relief of the poor Act not to extend within the year preceding that in which the provisions of this act may to parishes where be desired to be put in execution within such parish." not more than 800 cept in cities or Sect. 44. "This act shall be deemed and taken to be a public act, and rate-payers, exshall be judicially taken notice of as such by all judges, justices, and towns. others, without the same being specially pleaded." Victuallers. See "Alehouses," Vol. I. Ciclo. See "Jurors," Vol. III.; "Highways in General," Vinegar. See "Excise," Vol. II. Eolunteer Corps. See "Military Law," Vol. V. Wager. See" Gaming," Vol. III. Wages. See "Servants," Vol. VI. Waif. See "" Estray," Vol. II. Wales. As to the venue of offences in, see 66 Indictment," Vol. III. Public act. England. By 20 Geo. II. c. 42, s. 3, in all cases where the kingdom of England Deemed part of or that part of Great Britain called England, hath been or shall be mentuned in any act of parliament, the same has been and shall be taken to comprehend the dominion of Wales and town of Berwick. minster extended By the 1 Will. IV. c. 70, intituled “An Act for the more effectual Ad- Jurisdiction of ministration of Justice in England and Wales," passed the 23d July, 1830, courts at Westsect. 13, the jurisdiction of her Majesty's Courts of King's Bench, to counties palaCommon Pleas, and Exchequer, respectively, and of the several judges tine, &c. and barons thereof, is extended over and within the county of Chester ad the county of the city of Chester, and the several counties in Wales, in like manner, to the same extent, and to and for all intents and purposes whatsoever, as the jurisdiction of such courts respectively is now exercised in and over the counties of England not being counties palatine. Wales. Sect. 19. "From and after the time herein appointed for the com- Assizes to be held mencement of this act, assizes shall be held for the trial and despatch of in Chester and all matters, criminal and civil, within the county of Chester and the seve. ral counties and county towns in the principality of Wales, under and by virtue of commissions of assize, oyer and terminer, gaol delivery, and other writs and commissions to be issued in like manner and form as hath been usual for the counties in England; and all laws and statutes now in force relating to the execution of such commissions, when issued for counties in England, shall extend and be applied to the execution of the commissions issued for the county of Chester and the counties of Wales under the authority of this act." |