Imatges de pàgina
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ings, resolutions, orders, and transactions, and of all sums received, applied, and expended by their direction; and such minutes shall from time to time be signed by the chairman, and shall, together with a summary or report of the accounts and transactions of the select vestry, be laid before the inhabitants of the parish in general vestry assembled twice in every year, that is to say, in the month of March and the month of October, and at such other times as the select vestry shall think fit; and the minutes, proceedings, accounts, and reports of every select vestry shall belong to the parish, and be preserved with the other books, documents, accounts, and public papers thereof. Id. s. 3. Ten days' public notice must be given of the holding of such parish vestry, for the purpose of receiving the report of the select vestry, as above mentioned. Id. s. 4.

Their duty in relieving the poor.] The select vestry is empowered and required to examine into the state and condition of the poor of the parish, and to inquire into and determine upon the proper objects of relief, and the nature and the amount of the relief to be given; and in each case shall take into consideration the character and conduct of the poor person to be relieved, and shall be at liberty to distinguish, in the relief to be granted, between the deserving, and the idle, extravagant, or profligate poor; and such select vestry shall make orders in writing for such relief as they shall think requisite, and shall inquire into and superintend the collection and administration of all money to be raised by the poor's rates, and of all other funds and money raised or applied by the parish to the relief of the poor: and where any such select vestry shall be established, the overseers of the poor are required, in the execution of their office, to conform to the directions of the select vestry, and shall not, (except in cases of sudden emergency or urgent necessity, and to the extent only of such temporary relief as each case shall require,) give any further or other relief or allowance to the poor than such as shall be ordered by the select vestry. Id. s. 1.

The latter part of this section is re-enacted in substance by stat. 4 & 5 W. 4, c. 76, s. 54, by which it is enacted that the ordering, giving, and directing of all relief to the poor of any parish, which shall be under the government and control of any select vestry, shall appertain and belong exclusively to such select vestry, according to the respective provisions of the Acts under which such select vestry may have been or shall be appointed; and it shall not be lawful for any overseers of the poor to give any further or other relief or allowance from the poor rate, than such as shall be ordered by such select vestry, except in cases of sudden and urgent necessity, in which cases, we have seen (ante, p. 292,) he may give, and

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a justice of the peace may order him to give such temporary relief as each case shall require, in articles of absolute necessity, but not in money, or medical relief where any case of sudden and dangerous illness may require it. See this section at length, ante, pp. 291, 292.

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And by the same statute, 4 & 5 W. 4, c. 76, s. 15, the poorlaw board are authorized and required, from time to time as they shall see occasion, to make and issue all such rules, orders, and regulations for the guidance and control of vestries, far as relates to the management and relief of the poor, and the keeping, examining, auditing, and allowing of accounts, and making and entering into contracts in all matters relating to such management or relief, or to any expenditure for the relief of the poor, and for carrying this Act into execution in all other respects, as they shall think proper."

Select vestries relieve the poor of their respective parishes, in or out of the workhouse, in the same manner as guardians, subject of course to the orders of the poor law board upon the subject.

They may order the 59 G. 3, c. 12, s. 29.

relief to be granted by way of loan. See Arch. P. L. 363, &c.

WATCHING AND LIGHTING.

1. Adoption of the Act, p. 434.

2. The Inspectors, their Authority and Duties, p. 440. 3. The Rate, p. 447.

4. Watching, p. 449.
5. Lighting, p. 455.

6. Fire Engine, p. 457.

1. ADOPTION OF THE ACT.

The vestry meeting for the purpose, 435.

Poll, if demanded, how taken, 435.

Adoption of the Act, 437. Notice of the adoption given, 438.

Act may afterwards be aban-
doned, 438.
Proceedings, how, by part of
a parish, 439.
Churchwardens'

439.

expenses,

By stat. 3 & 4 W. 4, c. 90, s. 71, the provisions of this Act may be adopted in any parish [or part of a parish, sect. 77] either as to lighting or as to watching, or as to lighting and watching, as may be deemed expedient; and that the provisions of this Act may be adopted in any parish so far as the same relate to lighting, although such parish shall be watched under or by virtue of any Act of parliament passed for that purpose, and may be adopted in any parish so far as the same relate to watching, although such parish shall be lighted under or by virtue of any Act of parliament passed for that purpose. And the powers here given to watch and light any parish, shall be understood to be given to any wapentake, division, city, borough, liberty, township, market town, franchise, hamlet, tithing, precinct, and chapelry, or parts within the same. Id. s. 77. But nothing in this Act shall be construed to interfere with the powers and provisions in the Metropolitan Police Act, 10 G. 4, c. 44, or to extend to any parish already regulated by or under the provisions of any Act of parliament for all the purposes herein provided for, or to interfere with the powers which any corporate body may have with respect to watching and lighting (Id. s. 72); nor shall it affect the rights, powers, or authorities of any commissioners of sewers (Id. s.75), or the rights or privileges of either of the universities. Id. s. 76.

The vestry meeting for the purpose.] Upon the application in writing of three or more of the ratepayers of any parish, it shall be lawful for the churchwardens thereof, and they are hereby required, within ten days after the receipt of such application as aforesaid, to appoint and notify a time and place for a public meeting of the ratepayers of the said parish, for the purpose of determining whether the provisions in this Act contained shall be adopted and carried into execution in the said parish provided always, that the time appointed for holding the said meeting shall not be less than ten days and not more than twenty-one days from the time of the said application so being delivered to them as aforesaid, and that notification of the time and place of meeting shall be made by forthwith affixing a notice on the principal outer door of every parish church or chapel situate within such parish, or on the usual place of affixing notices relating to the parochial affairs of any such parish, and also by publication of the same in the parish church or chapel on the Sunday previous to the day appointed for holding such meeting, during or immediately after divine service. 3 & 4 W. 4, c. 90, s. 5.

And no person shall be deemed a ratepayer, or be entitled to vote, or do any other act, matter, or thing as such under the provisions of this Act, unless he or she shall have been rated to the relief of the poor for the whole year immediately preceding his so voting or otherwise acting as such ratepayer, and shall have paid all the parochial rates, taxes, and assessments due from him or her at the time of so voting or acting, except such as have been made or become due within the six months immediately preceding such voting. Id. s. 14.

Such person as may be elected by the ratepayers present shall preside as chairman at such meetings; and if any controversy shall arise at any such meeting as to the qualification or right of voting or eligibility of any person claiming to vote, or as to the qualification or eligibility of any candidate, such controversy shall be determined by the chairman presiding at such meeting. Id. s. 6.

The chairman who shall preside at any meeting assembled as herein directed, shall read or cause to be read the requisition whereupon the meeting shall have been summoned, and shall require the persons assembled thereat to determine by majority of votes, as herein mentioned, whether the provisions of this Act, as herein set forth, shall or shall not be adopted and acted upon within such parish: provided nevertheless, that it shall be lawful for the majority of the ratepayers present to adjourn such meeting from time to time. Id. s. 7.

Poll, if demanded, how taken.] Any five rated inhabitants, qualified to vote as herein mentioned, may, at such meeting or adjournment thereof, in writing given to the chairman of

the said meeting, demand a poll to be taken of the ratepayers qualified to vote upon the question as to whether this Act and the provisions thereof, or any part thereof, shall be adopted in such parish, and also as to the amount of money to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, and which said demand of a poll the said chairman is required forthwith to deliver to the churchwardens of the said parish. Id. s. 9.

And the churchwardens of the said parish shall, on the first Sunday next after the receipt of such demand of a poll, affix or cause to be affixed a notice on the principal outer door of every parish church or chapel situate within such parish, or on the usual place of affixing notices relating to parochial affairs of any such parish, specifying some day, not earlier than ten days and not later than twenty-one days after such Sunday, and at what place or places within the said parish, the ratepayers are required to signify their votes for or against the adoption of this Act, or such part thereof as may have been agreed upon at the said meeting, as well as with respect to the annual amount of money to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, which votes shall be received on two successive days commencing at eight of the clock in the forenoon and ending at four of the clock in the afternoon of each day (Id. s. 10); which notice shall be to the following effect:

The churchwardens of this parish [insert the name of the parish], having received a demand for a poll, duly signed according to the provisions of an Act of the fourth year of the reign of King William the Fourth, intituled "An Act," &c. [setting out the title of the Act], the ratepayers of this parish of [insert the name of the parish] are hereby required, all and each of them, on the day of - next, and the following day, to signify to the said churchwardens, by a declaration, either printed or written, or partly printed or partly written, addressed and delivered to one of the church wardens at [insert here the place] their votes for or against the adoption of the aforesaid Act, or so much thereof as relates to watching or lighting [as the case may be], the amount of the money to be raised in the succeeding year for the purposes thereof being· [here insert the sum agreed on at the meeting], and the number of inspectors to be elected [insert the number also agreed on], such sum and such number of inspectors being fixed and determined upon at a meeting of the ratepayers called pursuant to the said Act.

(Signed)

Churchwardens.

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