be rated, although inhabitant of any parish, or become liable to be not actually rated. rated therein, since the making of the last rate for the relief of the poor thereof, he shall be entitled to vote for and in respect of the lands, tenements, and 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." 58 Geo. 3. c. 69. s. 4.

Persons refusing or neglecting to

until the rate is

paid.

619. "No person who shall have refused or negpay rate after de- lected to pay any rate for the relief of the poor, mand not to vote which shall be due from, and shall be demanded of him, shall be entitled to vote or to be present in any vestry, for the parish for which such rate shall have been made, until he shall have paid the same." Ibid. s. 5.

All books, ac

counts, and

vouchers to be

son and in such

place as the vestry shall order.

620.The books hereby directed to be provided and kept for the entry of the proceedings of vestries, kept by such per- 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 assembled shall direct; and if any person in whose hands or custody any such book, rate, assessment, account, voucher, certificate, order, document, writing, or paper shall be, shall wilfully or Wilfully destroy- 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 order of any such vestry be directed, any person so offending, and being fully convicted thereof, on confession, or on the oath of a witness, by and before two justices of the peace, upon complaint to them made, shall for every such offence forfeit such sum not exceeding 50l. nor less than 40s. as shall by such justices be adjudged; and the same shall be received and levied by warrant of such justices in such

ing parish books, &c.

manner and by such ways and means as poor's rates in arrear 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: 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." Ibid. s. 6.

sions, &c. in this

&c.

621. "All provisions, authorities, and directions All the proviin this act contained in relation to parishes, shall ex- act to extend to tend and be construed to extend to all townships, townships, vills, 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." Ib.s.7. 622. " Nothing in this act contained shall extend, or be construed to extend, to alter the time of holding any vestry, parish, 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

Not to alter the time of holding vestries directed certain day by any

to be held on any

other act.

Not to parishes in the city of Lon

don.

Persons assessed

and not residing

attend and vote at vestry.

act contained extend to take away, lessen, prejudice, or affect the powers of any vestry or meeting holden in any parish, township, or place by 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." Ibid.

s. 8.

623. " Nothing in this act contained shall extend to any parishes within the city of London, nor in the borough of Southwark, only to England and Wales." Ibid. s. 9.

624. The statute of 59 Geo. 3. c. 85, after rein the parish may citing the last above named statute of the 48 Geo. 3, enacts, "that any person who shall be assessed or 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 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." 59 Geo. 3. c. 85. s. 1.

Vestry clerk is not obliged to produce parish books.

The clerk, secretary, steward, or

625. The vestry clerk is not obliged to produce and permit copies of parish book and documents in his custody for any other than parochial purposes (see title, Vestry Clerk, p. 176, post).

626. "In all cases where any corporation, or body politic or corporate, or company, shall be charged to ration, body poli- the rate for the relief of the poor of such parish,

agent of a corpo

tic or corporate,

or company, may be present at and vote in vestry.

* And by 59 Geo. 3. c. 12. s. 22, any person rated as the owner of certain houses, apartments, &c. shall be entitled to be present at and vote in vestry, as an inhabitant.

either in the name of such corporation, or of any officer of the said corporation, it shall and may be lawful for 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." Ibid. s. 2.

has refused or ne

poor rate on de

sent at or vote

627. It was intended by the said act to be en- No person who acted, that no person should be present at or vote glected to pay at any vestry who should have refused to pay any mand shall be enassessment that had become due, and had been de- titled to be premanded of such person; but the word "and" was by until the rate is mistake so inserted in the said act as to make the paid. same in that respect ambiguous; now, to rectify such mistake, "it is 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, and which shall be due, which shall have been demanded at any time before the meeting of such vestry shall have been paid and satisfied." Ibid. s. 3.

Of Select Vestries, under 59 Geo. 3. c. 12.

The inhabitants

628. The inhabitants of any parish (in England) of any parish may in vestry assembled are empowered to establish a

establish a select vestry.

select vestry for the concerns of the poor of such parish; and to that end to nominate and elect, in the same or in any subsequent vestry, or any adjournment thereof respectively, such and so many substantial householders or occupiers within such parish, not exceeding the number of twenty, nor less than five, as shall in any such vestry be thought fit to be members of the select vestry; and the rector, vicar, or other minister of the parish, and in his ab sence the curate thereof (such curate being resident in and charged to the poor's rates of such parish), and the churchwardens and overseers of the poor for the time being, together with the inhabitants who shall be nominated and elected as aforesaid (such inhabitants being first thereto appointed by writing under the hand and seal of one of his majesty's justices of the peace, which appointment he is hereby authorized and required to make), shall be and constitute a select vestry for the care and management of the concerns of the poor of such parish; and any three of them (two of whom shall neither be churchwardens nor overseers of the poor), shall be a quorum; and when any inhabitant elected and appointed to serve in any such select vestry shall, before the expiration of his office, die or remove from the parish, or shall become incapable of serving, or shall refuse or neglect to serve therein, the vacancy which shall be thereby occasioned shall, as soon as conveniently may be, be filled up by the election and appointment, in manner aforesaid, of some other substantial householder or occupier of such parish, and so from time to time as often as any such vacancy shall occur; and every such select vestry shall continue and be empowered to act from the time of the appointment thereof until fourteen days after the next annual appointment of overseers of the poor of the parish shall take place, and may be from year to year, and in any future years, renewed in the manner herein before directed; and every such select vestry shall meet once in every fourteen days, and oftener if it shall be found necessary, in the parish church, or in some other couvenient place within the parish; and at every such