[See also similar enactments in the stat. 1 & 2 Will. 4, c. 38, s. 16, respecting the appointment of churchwardens for churches or chapels built by private individuals under the provisions of that act, but the election is to be by the incumbent and the pew renters (p). VESTRY. I. What and where to be held 415e | IV. Select Vestries. 58 & 59 Geo. 3 (Sturges III. Power of Adjourning. V. Liability of Vestrymen 415r VI. 415e 4157 Vestries under 1 & 2 Will. 415x 58 Geo. 3, c. 69. I. What and where to be held. A VESTRY, properly speaking, is the assembly of the whole parish met together in some convenient place, for the dispatch of the affairs and business of the parish; and this meeting being commonly held in the vestry adjoining to, or belonging to the church, it thence takes the name of vestry, as the place itself doth, from the priest's vestments, which are usually deposited and kept there (q). [A town hall has been held not to be an improper place to take the poll, by reason of its being private property; and where no person had been prevented from voting on that account (r). [The Ecclesiastical Court has jurisdiction ratione loci over the proceedings of a vestry meeting held in a parish church (s). II. Acts regulating Vestries, 58 & 59 Geo. 3. [The statutes by which parish vestries are regulated are the 58 Geo. 3, c. 69, (slightly altered by the 59 Geo. 3, c. 85), and the 1 & 2 Will. 4, c. 60. As the adoption of the arrangements of this last statute is in no case compulsory, and as it has no application to parishes not forming part of a city or town, and not having more than 800 rate-payers, it will be treated of at the close of this chapter (t). [On the 3d of June, 1818, was passed an act for the Regulation of Vestries, which is generally called Mr. Sturges Bourne's Act, from the name of its author, and which enacts: [Sect. 1. "That from and after the first day of July one thousand eight hundred and eighteen, no vestry or meeting of the inhabitants Three Days' in vestry of or for any parish shall be holden until public notice Notice to be (p) [Chitty's Burn's Justice, 6th (r) [Baker and Downing v. Wood, (t) [There is also a statute of 59 Geo. 3, c. 12, commonly called the Select Vestry Act, which empowers parishes to establish vestries of a certain description for the management of the poor, and for this purpose their authority supersedes that of the ordinary parish officers; but they are themselves subject to the poor law commissioners. See 4 & 5 Will. 4, c. 76, ss. 21, 54.] 58 Geo. 3, c. 69. Vestries; given of by Publica tion in Church Door. Vestries ap shall have been given of such vestry, and of the place and hour of holding the same, and the special purpose thereof, three days at the least before the day to be appointed for holding such vestry, by the publication of such notice in the parish church or chapel on some Sunday during or immediately after divine service, and by Church, and affixing the same, fairly written or printed, on the principal door of affixing on such church or chapel." [Sect. 2. "And for the more orderly conduct of vestries, be it Chairman of further enacted, That in case the rector or vicar or perpetual curate pointed; shall not be present, the persons so assembled in pursuance of such notice shall forthwith nominate and appoint by plurality of votes, to be ascertained as hereinafter is directed, one of the inhabitants of such parish to be the chairman of and preside in every such vestry; and in all cases of equality of votes upon any question arising therein, the chairman shall (in addition to such vote or votes as he to have castmay by virtue of this act be entitled to give in right of his assess- ing Vote. ment) have the casting vote; and minutes of the proceedings and Minutes to be resolutions of every vestry shall be fairly and distinctly entered in entered and a book (to be provided for that purpose by the churchwardens and overseers of the poor), and shall be signed by the chairman, and by such other of the inhabitants present as shall think proper to sign the same." signed. [Sect. 3. "That in all such vestries every inhabitant present, Manner of Voting in who shall, by the last rate which shall have been made for the Vestries. relief of the poor, have been assessed and charged upon or in respect of any annual rent, profit or value not amounting to fifty pounds, shall have and be entitled to give one vote and no more; and every inhabitant there present, who shall in such last rate have been assessed or charged upon or in respect of any annual rent or rents, profit or value, amounting to fifty pounds or upwards (whether in one or in more than one sum or charge), shall have and be entitled to give one vote for every twenty-five pounds of annual rent, profit and value upon or in respect of which he shall have been assessed or charged in such last rate, so nevertheless that no inhabitant shall be entitled to give more than six votes; and in cases where two or more of the inhabitants present shall be jointly rated, each of them shall be entitled to vote according to the proportion and amount which shall be borne by him of the joint charge; and where one only of the persons jointly rated shall attend, he shall be entitled to vote according to and in respect of the whole of the joint charge." a Parish since [Sect. 4. "That when any person shall have become an inhabi- Inhabitants tant of any parish, or become liable to be rated therein, since the coming into making of the last rate for the relief of the poor thereof, he shall the last Rate be entitled to vote for and in respect of the lands, tenements, and may Vote. property for which he shall have become liable to be rated, and shall consent to be rated, in like manner as if he should have been actually rated for the same." refusing Pay Poor's Rate excluded [Sect. 5. "That no person who shall have refused or neglected Inhabitants to pay any rate for the relief of the poor, which shall be due from ment of and shall have been demanded of him, and shall be entitled to vote or to be present in any vestry of the parish for which such rate shall have been made, until he shall have paid the same." [Sect. 6. "That as well the books hereby directed to be provided and Papers from Vestries. Sic. Parish Books preserved. 58 Geo. 3, c. 69. and kept for the entry of the proceedings of vestries, as all former vestry books, and all rates and assessments, accounts and vouchers of the churchwardens, overseers of the poor, and surveyors of the highways, and other parish officers, and all certificates, orders of courts and of justices, and other parish books, documents, writings and public papers of every parish, except the registry of marriages, baptisms and burials, shall be kept by such person and persons, and deposited in such place and manner, as the inhabitants in vestry Retaining or assembled shall direct; and if any person in whose hands or cus injuring Pa rish Books, &c. Penalty. And subject to other Pro ceedings. Provisions in relation to Parishes extended to Townships, &c. Manner of giving Notices of Vestries and Meetings in Special Cases. Time for holding Ves tody any such book, rate, assessment, account, voucher, certificate, order, document, writing, or paper shall be, shall wilfully or negligently destroy, obliterate or injure the same, or suffer the same to be destroyed, obliterated or injured, or shall, after reasonable notice and demand, refuse or neglect to deliver the same to such person or persons, or to deposit the same in such place as shall by the order of any such vestry be directed, every person so offending, and being lawfully convicted thereof on his own confession, or on the oath of one or more credible witness or witnesses, by and before two of his majesty's justices of the peace, upon complaint thereof to them made, shall for every such offence forfeit and pay such sum, not exceeding fifty pounds, nor less than forty shillings, as shall by such justices be adjudged and determined; and the same shall be recovered and levied by warrant of such justices in such manner and by such ways and means as poor's rates in arrear are by law to be recovered and levied, and shall be paid to the overseers of the poor of the parish against which the offence shall be committed, or to some of them, and be applied for and towards the relief of the poor thereof: Provided nevertheless, that every person who shall unlawfully retain in his custody, or shall refuse to deliver to any person or persons authorized to receive the same, or who shall obliterate, destroy or injure, or suffer to be obliterated, destroyed or injured, any book, rate, assessment, account, voucher, certificate, order, document, writing, or paper belonging to any parish, or to the churchwardens, overseers of the poor, or surveyors of the highways thereof, may in every such case be proceeded against in any of his majesty's courts, civilly or criminally, in like manner as if this act had not been made." [Sect. 7. "That all provisions, authorities and directions in this act contained in relation to parishes, shall extend, and be construed to extend, to all townships, vills and places having separate overseers of the poor and maintaining their poor separately, and that all the directions and regulations herein contained in regard to vestries shall extend and be applied to all meetings which may by law be holden of the inhabitants of any parish, township, vill or place, for any of the purposes in this act expressed; and that the notices by this act required to be given of every vestry may, in places in which there is or shall be no parish church or chapel, or where there shall not be divine service in such church or chapel, be given and published in such manner as notices of the like nature shall have been there usually given and published, or as shall be most effectual for communicating the same to the inhabitants of every such parish, township, vill or place respectively." [Sect. 8. That nothing in this act contained shall extend or be tries specially construed to extend to alter the time of holding any vestry, parish 58 Geo. 3, c. 69. directed not or town meeting which is by the authority of any act required to be holden on any certain day, or within any certain time in such act prescribed and directed; nor shall any thing in this act con- altered. tained extend to take away, lessen, prejudice or affect the powers Proviso for of any vestry or meeting holden in any parish, township or place, special Vesby virtue of any special act or acts, of any ancient and special usage or custom, or to change or affect the right or manner of voting in any vestry or meeting so holden (u)." [Sect. 9. "That nothing in this act contained shall extend to any parish within the city of London." [Sect. 10. "That nothing in this act contained shall extend to any parish in the borough of Southwark." [Sect. 11. "That this act shall extend only to that part of the united kingdom called England and Wales; and that the same shall be a public act, and be judicially taken notice of as such by all judges, justices and others, without specially pleading the same. [And by 59 Geo. 3, c. 85, intituled "An Act to amend and correct an Act of the last Session of Parliament for the Regulation of Parish Vestries in England," it was enacted, tries; and for Lon don and South wark. Act to extend land and Public Act. only to Eng. Wales. 59 Geo. 3, c. 85. Persons rated to the Poor, Parishioners, may vote in Vestry according to the Value of the though not Premises [Sect. 1. "That from and after the passing of this act, any person who shall be assessed and rated for the relief of the poor in respect of any annual rent, profit or value arising from any lands, tenements or hereditaments situate in any parish, in which any vestry shall be holden under the said recited act, although such person shall not reside in or be an inhabitant of such parish, shall and may lawfully be present at such vestry, and such person shall rated. have and be entitled to give such and so many vote or votes at such vestry, in respect of the amount of such rent, profit or value, as by the said act any inhabitant of such parish present at such vestry might or ought to have and be entitled to give in respect of such amount, and to all intents and purposes, as if such person were an inhabitant of such parish, any thing in the said recited act to the contrary in anywise notwithstanding." poration, &c. cording to the Value of the Premises rated. [Sect. 2. "That in all cases where any corporation or body politic Clerk or or corporate or company shall be charged to the rate for the relief Agent of Corof the poor of such parish, either in the name of such corporation may vote in or of any officer of the said corporation, it shall and may be lawful Vestry acfor the clerk, secretary, steward or other agent duly authorized for that purpose of such corporation or body politic or corporate or company, to be present at any vestry to be holden in the said parish under the said recited act; and such clerk, secretary, steward or agent shall be entitled to give such and so many vote or votes at such vestry, in respect of the amount of the rent, profit or value of such lands, tenements or hereditaments, as by the said act any inhabitant assessed to such rate present at such vestry might or ought to have and be entitled to in respect of such amount; any thing in the said recited act to the contrary in anywise notwithstanding. [Sect. 3. "And whereas by the said act it was intended to be 58 Geo. 3, c. enacted that no person should be present at or vote at any vestry 69, §. 5. (u) [See Campbell v. Maund, 1 Nev. & Per. 558, in which it was held that the local parochial act of Paddington (5 Geo. 4, c. cxxvi.) did 59 Geo. 3, c. 85. of Rates to disqualify from being present or voting in Vestry. who should have refused to pay any assessment that had become due and had been demanded of such person, but the word "and" Nonpayment was by mistake so inserted in the said act, as to make the same in that respect ambiguous:' Now, to rectify such mistake, be it further enacted, That no person who shall have refused or neglected to pay any rate for the relief of the poor which shall be due from and shall have been demanded of him, shall be entitled to vote or to be present in any vestry of the parish for which such rate shall have been made, until he shall have paid the same; nor shall any such clerk, secretary, steward or agent be entitled to be present or to vote, nor shall be present or vote, at any vestry in such parish, unless all rates for the relief of the poor, which shall have been assessed and charged upon or in respect of the annual rent, profit or value, in right of which any such clerk, secretary, steward or agent shall claim to be present and vote, which shall be due, and which shall have been demanded at any time before the meeting of such vestry, shall have been paid and satisfied." Notices not Cases to of 58 Geo. 3, c. 69, is not applicable. [The 1 Vict. c. 45, passed on the 12th of July, 1837, parto be given in tially repeals sects. 1 & 7 of the foregoing act, enacting by sect. 2, that all "such proclamations or notices as have heretofore been made or given in the church or chapel of any parish or place, or at the door of any church or chapel, be affixed on or near to the doors of all the churches and chapels within such parish or place;" and by sect. 3, such notice must, previously to its being affixed, have been signed by a churchwarden of the church or chapel, or by the rector, vicar or curate of such parish, or by an overseer of the poor of such parish, and must be affixed on or near to the principal door of such church or chapel (v). [With respect to the application of the 3rd section of 58 which sect. 3 Geo. 3, c. 69, to a parish where the poor rates had, according to ancient custom, been always assessed without regard to the annual value of property in the parish, but according to the supposed ability of the party assessed, it was held, that persons so rated were not entitled to the benefit conferred by this section as to the plurality of votes, although assessed in respect of property exceeding the annual value of 50l. (x); and where under a deed of feoffment certain lands were granted to fourteen feoffees for the maintenance of a schoolmaster to instruct the children of all the inhabitants of a parish, and it was provided that no act concerning the lands should be done but in a vestry or meeting of the feoffees, and ten at least of the inhabitants of the parish which should be vestrymen and not feoffees, in a vestry to be held by them, and a power of removal of the schoolmaster was given, so that it was with the consent and agreement of the feoffees and vestrymen, or the major part (v) [See this statute printed under Public Worship, vol. iii. p. 274.As to the kind of notice which must be given, vide suprà, Church [Rate.] In the recent case of Warner v. Gater, a notice "for making a church-rate and other purposes," was held sufficient to justify a rate for the consecration of a church under the ChurchBuilding Acts, 2 Curteis, 218.-ED.] (x) [Nightingale v. Marshall, 3 D. & R. 549; 2 B. & C. 313.] |