2. By Statute.

3 & 4 Will. IV. c. 90.

Inspectors under

former act to con

tinue to act until

others appointed. Act applicable to

all parishes in England and Wales.

On application of

three rated inha

bitants, churchwarden s to con

vestry to deter

act shall be

adopted.

Sect. 3. Provided always, "That the inspectors appointed under t authority of the said recited act shall continue to act, and shall have t same powers, authorities, and be subject to the discharge of the sa duties as the inspectors to be appointed under the authority of this ac (As to the mode of electing inspectors, see post, s. 18, &c.)

Sect. 4. And whereas it is desirable to make provision for the lighti and watching of the several parishes in England and Wales; be it enact That this act, and the several provisions thereof, shall apply to and m be adopted, under and subject to the regulations herein contained, by or any or either of the parishes in England and Wales." (See post, sect. 72 and 73.)

Sect. 5. "From and after the passing of this act, upon the applicat in writing of three or more of the rate-payers of any parish, it shall lawful for the churchwardens thereof, and they are hereby requir vene a meeting in within ten days after the receipt of such application as aforesaid, mine whether the appoint and notify a time and place for a public meeting of the r provisions of this payers of the said parish, for the purpose of determining whether provisions in this act contained shall be adopted and carried into exe tion in the said parish: Provided always, that the time appointed holding the said meeting shall not be less than ten days and not m than twenty-one days from the time of the said application so being livered to them as aforesaid, and that notification of the time and pl of meeting shall be made by forthwith affixing a notice on the princ outer door of every parish church or chapel situate within such par or on the usual place of affixing notices relating to the parochial aff of any such parish, and also by publication of the same in the par church or chapel on the Sunday previous to the day appointed for h ing such meeting, during or immediately after divine service." (See 7 Forms, Nos. 4 and 5. See post, sect. 14, as to who are to be deca Rate-Payers.")

Chairman to be

determine any controversies.

Sect. 6. "That such person as may be elected by the rate-payers pres elected, who shall shall preside as chairman at such meetings; and that if any controve shall arise at any such meeting as to the qualification or right of voting eligibility of any person claiming to vote, or as to the qualification eligibility of any candidate, such controversy shall be determined by chairman presiding at such meeting." (As to the qualification of ve and inspector, see ss. 14, 17.)

Chairman to read requisition, and require persons to determine

Sect. 7. "The chairman who shall preside at any meeting assembled herein directed shall read or cause to be read the requisition whereu the meeting shall have been summoned, and shall require the pers whether act shall assembled thereat to determine by majority of votes, as herein-mention be adopted. whether the provisions of this act, as herein set forth, shall or shall be adopted and acted upon within such parish: Provided neverthele that it shall be lawful for the majority of the rate-payers present to journ such meeting from time to time."

If meeting determine to adopt

visions thereof

take effect.

Sect. 8. "If at any such meeting it shall be determined by a majori consisting of two thirds (a) of the votes of the rate-payers present this act, the pro- such meeting, that the provisions of this act shall be adopted, then a shall thenceforth in such case such provisions shall from thenceforth take effect and co into operation in such parish; and it shall forthwith be determined t a certain number, not being more than twelve nor less than th inspectors, shall be elected to carry such purposes into effect; and number of inspectors so determined upon shall be elected in mani herein-mentioned." (See post, Forms, Nos. 4 & 5, and sect. 16, post Inhabitants to fix Sect. 9. "The rate-payers of such parish shall at their first meeting,

(a) This majority is required only at the original meeting here mentioned, for determining as to the adoption of the act, and as to the amount which the inspectors shall have power to call

for in any year; a less majority suffice at other meetings, held su quently. (See Beechey v. Quentry, M. & Wels. 65, post, 376.)

it some adjournment thereof, and so on from time to time in every suc- 2. By Statute. eeding year, at a meeting to be called for that purpose, in manner herein

c. 90.

Erected, fix and determine the total amount of money which the in- 3 & 4 Will. IV. pectors shall have power to call for in any one year, in order to carry amount of money to effect the provisions of this act, (see post, Form No. 8 ;) such sum to to be raised raised in the manner herein directed, upon the full and fair annual value yearly.

raised.

manded as to

i all property rateable for the relief of the poor within such parish, such Sum, how to be and fair annual value to be computed according to the last valuaon for the time being acted upon in assessing the poor's rate for he said parish: Provided nevertheless, that any five rated inhabitants, Poll may be dealified to vote as herein mentioned, may, at such meeting, or adjourn- adoption of act. ment thereof, in writing given to the chairman of the said meeting, demand a poll to be taken of the rate-payers qualified to vote upon the uestion, as to whether this act and the provisions thereof, or any part ereof, shall be adopted in such parish, and also as to the amount of oney to be raised in the succeeding year for the purposes thereof, and number of inspectors to be elected as determined at such meeting, nd which said demand of a poll the said chairman is required forthwith Demand of poll to deliver to the churchwardens of the said parish." (See post, Form be delivered to

76.10.)

churchwardens.

churchwardens.

&c.

Sect. 10. "The said churchwardens of the said parish shall, on the first Notice of poll to Sunday next after the receipt of such demand of a poll, affix or cause to be given by be affixed a notice on the principal outer door of every parish church or and affixed on hapel situate within such parish, or on the usual place of affixing notices door of church, ating to parochial affairs of any such parish, specifying some day, not rher than ten days, and not later than twenty-one days after such day, and at what place or places within the said parish, the rate-payers required to signify their votes for or against the adoption of this act, such parts thereof as may have been agreed upon at the said meeting, well as with respect to the annual amount of money to be raised in the creeding year for the purposes thereof, and the number of inspectors be elected as determined at such meeting, which votes shall be received two successive days, commencing at eight of the clock in the forenoon ending at four of the clock in the afternoon of each day; and the id notice shall be to the following effect :—

The churchwardens of this parish [insert the name of the parish] having Form of notice.. red a demand for a poll, duly signed according to the provisions of an act

the fourth year of the reign of King William the Fourth, intituled An Act, setting out the title of the act], the rate-payers of this parish of [insert #ame of the parish] are hereby required, all and each of them, on the

➡y of

next, and the following day, to signify to the said churchwardens, declaration, either printed or written, or partly printed or partly written, dressed and delivered to one of the churchwardens at [insert here the place], rotes for or against the adoption of the aforesaid act, or so much refas relates to watching or lighting [as the case may be], the amount of e money to be raised in the succeeding year for the purposes thereof, being insert the sum agreed on at the meeting], and the number of inspectors to erted [insert the number also agreed on], such sum and such number of spectors being fixed and determined upon at a meeting of the rate-payers called nt to the said act."

(Signed)

Churchwardens."

Sect. 11. "The said declaration shall be to the following effect."

6

Street [or

"I, A. B., of 'place' or 'house'] in this parish of Form of declaravute [for or against,' as the case may be], the adoption of the act of tion. be fourth year of the reign of his majesty king William the Fourth, intituled Act, &c. [set out title of the act], or so much thereof as relates to watching ghing [as in the notice], the amount of the money to be raised in the sucday year for the purposes thereof, being [as in notice], and the number of

pectors to be elected

[as in notice ]."

Sect. 12. "The said churchwardens shall carefully examine the votes Churchwardens them delivered as aforesaid, and shall compare them with the last rate to examine the

3 & 4 Will. IV.
c. 90.

votes, and declare
whether two
thirds of them
are in favour of

adopting this act.

2. By Statute. made for the relief of the poor of the said parish, and shall be empowered to call before them and examine any parish officer touching the sai votes, or any rate-payer so giving his vote, and after a full and fair sum ming up of the said votes shall, by public notice according to the form and manner hereafter prescribed, declare whether or not two thirds the votes given have been given in favour of the adoption of the said ac (or so much thereof as relates to watching or lighting, as in the notice and also as to the sum of money to be raised in the succeeding year and the number of inspectors to be elected to be (as in the notice Provided always, that the whole number of persons voting shall be a cle majority of the rate-payers of the parish: Provided also, that in case of poll being demanded as aforesaid, the adoption or non-adoption of th act, with the sum to be raised, and the number of inspectors to be electe as aforesaid, shall be decided by such number of votes as aforesa Provided also, that the expenses incurred by the churchwardens in ca curred by church- ing such meeting, giving the notices as aforesaid, and in taking su paid out of poor poll, shall be paid out of the rate collected for the relief of the poor the said parish.'

Whole number of voters to be the majority of ratepayers of parish.

Expenses in

wardens to be

rates. Rate-payers may inspect votes.

No person to vote unless he has been rated one year.

Notice of adoption of this act

church door.

doned.

Sect. 13. Provided always, "That any of the rate-payers of the afore said parish, not exceeding five together, may inspect, at or in the vestry room, or in some convenient place within the same parish, and they ar hereby empowered to inspect the votes so given for and against the ade tion of this act, with the sum to be raised, and number of inspectors to elected as aforesaid, at all seasonable times within one month after suc notice shall have been given; and the churchwardens of the said pars are hereby required carefully to preserve the said votes, and freely t permit and allow the examination thereof by the aforesaid rate-payers the said parish at all seasonable times within the period aforesaid.

Sect. 14. "No person shall be deemed a rate-payer, or be entitled vote, or do any other act, matter, or thing, as such, under the provisio of this act, unless he or she shall have been rated to the relief of th poor for the whole year immediately preceding his so voting or otherwis acting as such rate-payer, and shall have paid all the parochial rate taxes and assessments due from him or her at the time of so voting acting, except such as have been made or become due within the s months immediately preceding such voting."

Sect. 15. "Notice of the adoption of this act, (or any part thereo specifying it,) with the amount of the sum to be raised in the succeedin year, and the number of inspectors to be elected by any parish, shall b forthwith given by the churchwardens for the time being of the s to be affixed on parish by affixing a notice of the same to the principal door of ever church and chapel within the said parish, or on the usual place of affixim notices relating to the parochial affairs of such parish; and in such cas the provisions of this act shall from thenceforth take effect and come int Act may be aban- operation in such parish: (see post, Form No. 11 :) Provided always, the it shall be lawful for the inhabitants present at any meeting called manner herein directed, at any time after the expiration of three year from the time when the provisions of this act shall have been adopted, t determine that the provisions of this act shall, from and after a day to b fixed upon at such meeting, cease to be acted upon; in which case, from and after such last-mentioned day, the provisions of this act shall no long be in force in such parish: Provided nevertheless, that the provisions a this act contained shall remain and continue in force for the purpose of collecting and recovering any rate which may have been previous made; and if on the abandonment and ceasing to act upon the provisio of this act there shall be any balance in the hands of the said inspec tors after defraying the expenses incurred in carrying into effect the pro visions of this act, the said balance shall be paid over to the overseers of the poor of the said parish, to be applied in aid of the poor rates of the said parish."

If meeting deter

Sect. 16. "In case any such meeting convened as aforesaid, or, in case

c. 90.

of a poll having been demanded as aforesaid, a majority of two thirds of 2. By Statute. the votes as aforesaid, shall not have determined to adopt the provisions of this act, it shall not be lawful for the inhabitants to meet again in less 3 & 4 Will. IV. han one year from the period at which such meeting shall have been so mine against convened as aforesaid " (a). adopting this act, Sect. 17. "The inspectors herein mentioned shall be elected in manner no other meeting Following; (that is to say,) the churchwardens of any parish adopting the less than one provisions of this act shall, in the manner herein first directed, forthwith call year. meeting (see post, Form No. 12,) of the rate-payers of such parish, and Mode of electing ach candidate, being a person who shall reside within such parish, and inspectors. who shall have been assessed or charged by the last rate made for the elief of the poor in respect of a dwelling house or other tenement or remises of the annual value, according to the said rate of fifteen pounds

to be convened in

rmore, shall be eligible to be elected an inspector for the purposes of Qualification of his act, and shall be proposed at the said meeting, by some person duly inspectors. ualified to vote thereat, and shall be seconded by some other person in

manded.

ike manner qualified; and if more candidates than the number of inspec- Mode of proceedors authorized to be elected shall be proposed, and a poll shall be de- ing if poll dehanded by any ten persons qualified to vote on behalf of any such canlidates, then the chairman shall open and proceed with such poll, and in book or books prepared for that purpose, which book or books the churchwardens are hereby required to cause to be prepared, shall enter or cause to be entered the names of all such candidates, and the name of every person duly qualified to be present and vote who shall desire to ote, together with his description and abode, and shall register the vote f every such person for every or any such candidate as every such erson may respectively require; (see post, Form No. 7,) and if the votes f all the persons duly qualified and desirous to vote cannot be convelently collected and registered by four of the clock of the same day pon which the poll shall have been commenced, then the chairman shall that hour adjourn such poll to the day next succeeding, unless such y shall be a Sunday, Christmas Day, or Good Friday, and in that case the day following, and then proceed to collect and register the votes of

close.

I persons duly qualified and applying to vote: Provided nevertheless, Poll when to at the poll shali finally close at four of the clock on the day to which it all have been adjourned, or sooner, provided all persons duly qualified d desirous to vote shall have voted, and after the lapse of one hour withit any person offering to vote; and as soon after the close of the poll as ay be possible the result thereof shall be declared at the place where e election may have been holden, and certified by the chairman to the rerseers of the poor; (see post, Form No. 397,) and the said churchardens shall be reimbursed all such reasonable charges and expenses as ay be incurred in providing clerks and books, and otherwise in the rformance of the duties hereby required of them by the candidates at e said election for the said office: Provided nevertheless, that if the Inspectors may ovisions of this act are adopted at the meeting first called for that pur- be appointed at se, the said inspectors may be appointed at the same time by the rateyers of such parish then present, unless a poll should be demanded, id if such poll should be demanded it shall be proceeded with as herein

first meeting.

inspectors to give

rected." Sect. 18. "In every parish adopting the provisions of this act the in- At the end of ectors shall, within one month next after the expiration of twelve calen- twelve months the r months from the day of such adoption, give notice to the church- notice to churchardens of the said parish that they are ready to produce their accounts wardens that they id vouchers for the previous year, and thereupon the said churchwardens duce their acall give due notice, in the manner required with respect to the first counts, and

(a) In the event of the meeting not lopting the provisions of the act, it ould be proper that the chairman ould furnish the churchwardens with minute thereof, that no other meeting

may be held in less than a year from
that period. The form may be easily
drawn up from that referred to at sec-
tion 9. (See Mr. Tidd Pratt's publi-
cation on this Act, with notes, p. 10).

are ready to pro

3 & 4 Will, IV. c.. 90.

call a meeting for that purpose. Meetings in futrue years.

Inspectors at such meeting to

2. By Statute. meeting to be held under this act, that a meeting of the rate-payers (a) of the said parish will be held at an hour and place in the said notice to be mentioned, on some day, not being a Sunday, within ten days from the receipt of such notice, for the purpose of the said inspectors prochurchwardens to ducing such accounts and vouchers, and for the election of inspectors for the execution of this act, and for determining the amount of the money to be raised for the purposes of this act, for the current year; and ir every future year such meeting shall, for the purposes aforesaid, be held on the same day in the corresponding month, except such day should fall on a Sunday, and then on the day following." (See post, Forms 14 and 15.) Sect. 19. "At such annual meeting the said inspectors shall produce their accounts and vouchers of all monies received and paid by virtue of this act for the previous year; and a duplicate or copy of such accounts, verified on oath before any two justices by the said inspectors or any two of them, shall be deposited with the said inspectors, and shall be open at all reasonable times to the inspection of all parties interested; and a such annual meeting one third of the inspectors, or as near thereto as the number appointed will admit of, shall go out of office in rotation; and in place of such inspectors so going out of office a like number of Outgoing inspec- other inspectors shall be elected: Provided always, that any of such outgoing inspectors shall be re-eligible, and may be re-elected, and shail in such case continue to act and remain in office, any thing herein contained to the contrary notwithstanding.'

produce accounts; one

third of them to go out of office,

and others elected.

tor eligible to be re-elected.

Chairman to de

to eligibility, &c.

Sect. 20. "The chairman appointed to preside at such annual meeting cide questions as shall proceed in such manner as the chairman at the first meeting to be held under this act is herein before directed to proceed at the election di the inspectors to be first appointed for the execution of this act, and shal decide on questions which may arise as to the eligibility or qualification of any person whatsoever, and as to all matters whatsoever connected with the said election, and shall declare the result of the same as aforesaid."

How vacancies in the number of

be filled up.

Sect. 21. "In case any inspector shall die, or become disqualified by inspectors shall change of residence or otherwise, or shall neglect to act, and in case of any casual vacancy happening in any manner whatever, so that the num ber of inspectors shall be reduced to less than three, notice shall be immediately given by the acting inspectors to the churchwardens of the parish, who shall forthwith, in the manner directed by this act, call a meeting of the rated inhabitants as aforesaid, for the purpose of filling up such vacancy or vacancies." (See post, Form No. 16.)

Inspectors to meet monthly.

Sect. 22. "The inspectors for executing this act in any parish shall meet on the first Monday in every month, at noon, at some convenient Rated inhabitants place or office previously publicly notified; and at such monthly meeting it shall be lawful for any inhabitant rated to the relief of the poor of any such parish, to appear there, and prefer any matter of complaint which he may think proper to make concerning any matter or thing done by force or in pursuance of or under pretence of the provisions of this act

may prefer complaints.

Special meetings of inspectors.

Quorum.

Sect. 23. "Such inspectors shall meet at all other times and so often as at any previous meeting shall be determined upon; and it shall be at all times competent for any one inspector, when three inspectors only shal have been appointed, and in all other cases for any two inspectors, by writing under his or their hands, to summon, upon at least forty-eight hours notice, the inspectors for any special purpose therein named, and for such time as shall be therein named; and that at all meetings of such inspectors any number not less than one third of the whole number, when more than three inspectors shall have been appointed, and when only

(a) The resolution of a simple majority of the rate-payers voting at this meeting, or in case of a poll being demanded, of the rate-payers voting upon it, is sufficient to determine the amount to be raised for the purpose of

the act in a subsequent year. The necessity for a majority of two thirds of the rate-payers present exists only in the case of the original meeting held under sect. 9, ante, 372. (Beechey v. Quentry, 10 M. & Wels. 65.)