they had not previously.

Select vestries

by special private acts of parliament.

Select vestries under 1 & 2 Will. 4, c. 60.

In what parishes act may be adopted.

by no means a necessary consequence that because the legislature thought fit to give the power of making rates (assuming such power to be thereby given) to the select vestry of a new parish, taken out of an old parish wherein a select vestry had that power before, therefore the select vestry of such a new parish shall have that power, where it was not previously vested in a body of the same description in the whole parish, so that the giving of that power in a case like the present can, at most, be considered only as a matter of doubtful, and by no means of necessary or even clear implication.'

These select vestries, therefore, for ecclesiastical purposes, do not affect or alter the common law right of the parishioners and churchwardens, in vestry assembled, to tax themselves for the purposes of a church rate; but this question has been already considered under the subject of church rates.

In several private acts, for building particular churches, provision is made for the appointment of select vestries. In some instances the minister, churchwardens, overseers of the poor, and others, who have served, or paid fines for being excused from serving those offices; in others the minister, churchwardens, overseers of the poor, and all who pay to the poor rate; and there are some in which all who rent houses of so much a year are appointed to be vestrymen within such parishes, and no other persons.

In the metropolitan, and in some of the larger country parishes, considerable inconvenience was experienced from the large and increasing numbers of the inhabitants who were entitled to be present in and constitute the vestry; and to remedy this inconvenience an act was passed in the year 1831 (generally known as Hobhouse's act), which, in cases where the act has been adopted, makes the vestry a representative body, of whom all rateable inhabitants of the parish are the constituents.

The parishes in which the act may be adopted, the mode of its adoption, the number of vestrymen in each case, according to the amount of the population, the mode of their election, the duration of their office, their qualification and duties, are determined by the act, the material of which are as follows."

parts

The act is applicable to, and may be adopted in all parishes within, or being part of, any city or town, and in any other parishes in which there are more than 800 ratepayers; but it is not to be adopted in other parishes, in

For the following provisions, see the stat. 1 & 2 Will. 4, c. 60.

which, therefore, the constitution of the vestry remains as before.

In parishes where certain of the rate-payers desire that How to be the act shall be adopted, any number, amounting at least adopted. to one-fifth of the whole, or to fifty, may sign and deliver a requisition, describing their places of residence to the churchwardens, or to one of them, between the 1st of September and the 1st of March, requiring them to ascertain, according to the manner prescribed by the act, whether the majority of the parishioners wish the provisions of the act to be adopted. On receipt of this requisition, the churchwardens, on the 1st day in March then next ensuing, are to affix a notice on the doors of all churches and chapels within the parish, specifying the day, not earlier than ten, nor later than twenty-one days after the Sunday following the affixing of the notice, and the place where the rate-payers are to vote for or against the adoption of the act.

No person is to be deemed a rate-payer, and entitled to Who are to be vote, under the provisions of the act, who has not been deemed raterated for the whole year preceding, and paid all rates and assessments due from him for that time.

payers.

If two-thirds of the votes so given (the whole number Voting for adopof persons voting being a clear majority of the rate-payers) tion of the act. are in favour of adopting the act, the churchwardens are forthwith to give notice of that fact in the London Gazette, and in some newspaper circulating in the county, and by notice affixed to the principal doors of every church or chapel within the parish. But if the rate-payers decide against the adoption of the act, no similar requisition is to be made within three years.

The act immediately takes effect, and becomes law, in Election of vesthe parish where it has been adopted, for the election of trymen. vestrymen and auditors. This election is to be annual, and to take place on some day in May; the day to be fixed, in the first year, by the churchwardens, and afterwards by the vestry. When a ballot is demanded at such Duration of the election, the same shall commence on the following day; and continue for three successive days, commencing at eight in the forenoon, and closing at four in the afternoon on each day.

balloting.

On the day of annual election for vestrymen and auditors, in any parish adopting this act, each parishioner then rated, and having been rated to the relief of the poor Inspectors of one year, desirous of voting, is to meet at the place ap- votes. pointed for such election, then and there to nominate eight rate-payers of the said parish, as fit and proper

The poll.
Ballot.

Penalties.

Qualification of vestrymen.

persons to be inspectors of votes; four of such eight to be nominated by the churchwardens, and the other four to be nominated by the meeting: and, after such nomination, the parishioners are to elect such parishioners duly qualified as may be there proposed for the offices of vestrymen and auditors; and the chairman shall, at such meeting, declare the names of the parishioners who have been elected by a majority of votes at such meeting.

Any five rate-payers may then and there, in writing or otherwise, demand a poll, which shall be taken by ballot, each rate-payer delivering to the aforesaid inspectors two folded papers, one of which papers shall contain the names of the persons for whom such parishioner may vote as fit and proper to be members of the vestry, and the other shall contain the names of the persons for whom such may vote as fit and proper to be auditors of accounts: provided that each rate-payer shall have one vote, and no more, for the members of the vestry, and one vote, and no more, for the auditors of accounts, to be chosen in the said parish.

This proviso is very important, as, in parishes where the act has been adopted, it repeals the provisions of the former Vestry Act, by which, as we before observed, the right of voting was transferred from persons to property. Under this act, every individual rate-payer has an equal voice in the election, without reference to the amount of property on which he may be rated.

The duties of these inspectors are particularly specified in the act, and penalties are appointed by the act for forging of falsifying any such voting list, or obstructing the election, or making an incorrect return.h

The vestry, thus appointed and elected, shall, when the act has come into full operation, consist of resident householders, rated to the poor upon a rental of not less than 107., in parishes not within the metropolitan police district, or city of London. But in parishes within that district or city, or in other parishes where there are three thousand resident householders, the being rated to the poor, on a rental of not less than 407. per annum, is a necessary qualification.'

The number of vestrymen are to be proportioned to the number of householders: thus, there are to be twelve vestrymen for every parish in which the number of rated Number to be householders shall not exceed one thousand; and twelve other additional vestrymen for every parish in which the

not less than

twelve, nor

more than 120, in different

cases.

rated householders shall exceed one thousand; and twelve other additional vestrymen for every parish in which the number of rated householders shall exceed two thousand; and so on, at the proportion of twelve additional vestrymen for every thousand rated householders provided that in no case the number of vestrymen shall exceed one hundred and twenty but in any parish wherein a greater number of vestrymen are given by special act of parliament, than the proportions aforesaid will amount to, then the number of vestrymen shall remain the same as given by such act of parliament. The rector, district rectors, With the clervicar, perpetual curate, and churchwardens of the said gyman. parish, shall constitute a part of the said vestry, and shall vote therein, in addition to the vestrymen so as aforesaid elected under this act : provided that no more than one such rector, or other such minister, as aforesaid, from any one parish or ecclesiastical district, as aforesaid, shall, ex officio, be a part of, or vote at, any vestry meeting.k

to retire at each

At the first election for vestrymen, after the adoption of this act in any parish, one-third of the then existing vestry, or the nearest number thereto, but not exceeding the same, shall retire from office (such portion to be de- Proportion of termined by lot), and the parishioners duly qualified shall existing vestry elect a number of vestrymen, equal to one-third of the of the three first vestry, to be chosen according to the provisions of this elections under act; and on the next ensuing annual election for vestry- the act. men, one-half, or as nearly as may be one-half of the remaining part of the first aforesaid vestry, shall retire from office (such portion to be determined by lot), and the parishioners duly qualified shall again elect a number of vestrymen equal to one-third of the vestry, to be chosen according to the provisions of this act; and on the next annual election for vestrymen, the last remaining portion of the old vestry shall retire from office, and the parishioners duly qualified shall elect vestrymen, in like manner and number as at the two preceding elections; so as to fill up the vestry to the exact number of vestrymen prescribed by this act.'

At every subsequent annual election, those vestrymen who have been three years in office shall go out of office; and the parishioners shall elect, according to the provisions of this act, other vestrymen to the number of onethird of the total number of which such vestry shall consist; as also fill up any vacancies which may have occurred from death or other causes: provided that any,

Vestrymen to

quit office after three years.

Case in the

or all, of the vestrymen so going out by rotation may immediately eligible for re-election.

be

With regard to these last provisions, it has been deQueen's Bench, termined by the Court of Queen's Bench,"-1. That interpreting the meaning of the where the act has been adopted in a parish, there must be act as to the old elected, at each of the first three annual elections, one

and the new

vestry.

As to divisions in parishes.

trymen.

third of the whole number of which the vestry, chosen under the act, is ultimately to consist; and there must be deducted, by lot, from the original vestry, at the first election, one third of the number of vestrymen then existing (whatever the full regular number of the original vestry would be); at the second election, half the number of the original vestrymen then existing; at the third election, all the remaining original vestrymen.

2. A parish adopting the act had previously been divided into four districts, for the more conveniently collecting the rates, and this division had been adopted for taking the poll in the election of members of parliament; a small part also of the parish was annexed to a part of an adjoining parish, and separated from the original parish for ecclesiastical purposes: held, that the election of vestrymen and auditors might be made in one place of the parish only.

As to qualifica3. If a parish, adopting the act, be within the metrotion of the ves- politan police district, or the city of London, or contain more than three thousand resident householders, the quali fication for vestrymen is, that they should be resident householders, and should also be rated to the poor rate of the parish, on an annual rental of not less than 401.; but the rental may be made up of tenements separately held, and not in the occupation of the vestrymen.

As to oaths

former local

act.

4. 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 auditors,

elected at the same time.

5. A parish which adopted the act had previously been prescribed by a 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 1 & 2 Will. IV. c. 60. Held, that this oath was not to be taken by the vestrymen elected

under the latter act.

m R. v. St. Pancras, ante.