the purpose of cultivating the same for the use of the parish and the poor thereof.

S. 2. No poor inhabitant renting such land or land taken under 59 G. 3. c. 12. shall gain a settlement thereby.

CAP. 60.-An Act for the better Regulation of Vestries, and for the appointment of Auditors of Accounts, in certain Parishes in England and Wales. [20th October 1831.]

S. 1. This act may be adopted by any parish in England and Wales. S. 2. One-fifth of the rate-payers of any parish, or fifty parishioners being rate-payers, in any parish, may between the 1st December and 1st March, deliver a requisition signed by them, and with their places of residence, to one of the churchwardens, requiring them to ascertain in the manner herein mentioned, whether the majority of rate-payers require this act to be adopted therein; such requisition may be to the tenor following:

"To the churchwardens of the parish of

"We whose names are hereunto subscribed, being rate-payers resident in the said parish, and respectively rated or assessed to the relief of the poor thereof, do hereby require you, the said churchwardens, to ascertain and determine the adoption or non-adoption of an Act of the second year of the reign of King William the Fourth, chapter sixty, intituled, &c.

S. 3. On the first Sunday in March after receipt of the requisition, the churchwardens are to affix a notice on the church doors, specifying a time and place for receiving votes, which shall be received on three successive days; a form of this notice is given.

S. 4. The declaration to be to the following effect: "I A. B. of· [or

place or house,] in this parish of vote [for or against, as the case may be,] the adoption of the Act of of the second year of the reign of William the Fourth, chapter sixty, for the better regulation of vestries in this parish.”

S. 5. The churchwardens, after summing up the votes, are by public notice to declare whether or not two-thirds of the votes are in favour of the adoption of this act: the adoption or non-adoption to be decided accordingly.

S. 6. Rate-payers, not exceeding five together, may inspect the votes within one month after such notice given.

S. 7. No person to vote unless he has been rated the whole year preceding, and has paid the rates due from him, except such as have become due within the six months preceding.

S. 8. Notice of the adoption to be given in the London Gazette, and in one or more public newspapers in the county.

S. 9. If the act be not adopted, no similar requisition to be made within three years.

S. 10. This act to take effect in all parishes in which its adoption has been so notified.

S. 11. Any churchwarden, rate-collector, overseers, or other parish officer refusing to call meetings, or to give the declarations and notices directed to be given, or to receive the vote of a rate-payer, or altering or suppressing any vote, to be guilty of a misdemeanor.

S. 12. Notice of election of vestrymen to be given twenty-one days previous to the day of annual election.

S. 13. The churchwardens may summon the rate-collectors to attend at the election, to assist them in ascertaining that the persons voting are parishioners duly qualified to vote.

S. 14. On the day of annual election, parishioners to meet at the place appointed, to nominate eight rate-payers as inspectors of votes, four to be nominated by the churchwardens, and four by the meeting; after such nomination the parishioners to elect duly qualified persons for the office of vestrymen and auditors.

S. 15. Any five rate-payers may demand a poll, which shall be taken by ballot, each rate-payer delivering to the inspectors two folded papers, one to mention the names of vestrymen, the other of auditors of accounts; each rate-payer to have only one vote for vestrymen and auditors.

S. 16. The inspectors to deposit the folded lists, unopened, in separate boxes, one for vestry lists, and another for auditors' lists; such boxes to be closed at the end of the last day of election.

S. 17. After the close of the ballot, the inspectors shall examine the votes, by adjournment if necessary, until they have decided on the persons chosen.

S. 18. In case of equality of votes, the inspectors to decide by lot on the persons to be chosen.

S. 19. Any person forging or falsifying any voting list, or obstructing the election, on conviction before two justices, to be liable to a penalty of not less than ten, nor more than fifty pounds, or in default of payment, to imprisonment for not exceeding six, nor less than three months: the five levied to be given, half to the informer, and half to the poor of the parish.

S. 20. The inspectors to deliver to the churchwardens, lists of the persons chosen; a copy of such lists to be affixed to the church doors.

S. 21. Inspector making false return to be liable, on conviction, before two justices, to a penalty not less than 25l. nor exceeding 50l. S. 22. Elections to take place in May every year; the day to be appointed in the first instance by the churchwardens, afterwards by the vestry when parishes are divided into districts, the votes to be taken in each district.

S. 23. In each parish to be twelve vestrymen, where the number of rated householders shall not exceed 1000, and twelve additional vestrymen for every 1000 rated householders; provided, that in no VOL. VII.

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case shall the number exceed 120; except where given by special act of parliament: and provided that the rector, district rectors, vicar, perpetual curate, and churchwardens, shall constitute a part of the vestry in addition.

S. 24. One-third of the existing vestry to go out of office at each of first three elections under this act; and, on each election, a third of the number prescribed by this act to be added.

S. 25. At subsequent elections, vestrymen to go out of office after three years by rotation, and one-third to be elected annually, and death or other vacancies to be filled.

S. 26. Vestry in any parish not within the metropolitan police district, or the city of London, to consist of resident householders rated upon a rental of not less than 107. If the parish shall be within such district or city, or if the resident householders shall amount to more than 300, then the vestry to consist of resident householders rated on a rental of not less than 407.

S. 27. The vestry shall exercise the power of existing vestries, and the authority of such vestry may be pleaded in a court of law, in regard to parochial property, arrears due, holdings or contracts, or other like documents, formerly under the controul of the vestry: this act not to affect local acts for the government of any parish by vestries, or for the management of the poor by a board of directors or guardians, or for the due provision of divine worship.

S. 28. The acts of a major part of a vestry assembled, not being less than five present where the vestry consists of not more than twenty-three, or not less than seven where the vestry consists of twenty-four or not more than thirty-five, or not less than nine where the vestry consists of thirty-six or upwards, to be valid, provided the same are confirmed at the next subsequent meeting of the vestry. S. 29. Vestry-meetings not to be held in the church.

S. 30. At the meeting of a vestry, in the absence of a person authorized by law or custom to take the chair, the members present to elect a chairman for the occasion.

S. 31. The names of vestrymen and their proceedings are to be entered in books, which are to be open to inspection, without fee, to vestrymen, persons rated and creditors, any of whom may take copies or extracts: the clerk of the vestry refusing inspection to be liable to a penalty not exceeding ten pounds.

S. 32. Account books of receipts and disbursements to be kept, and open to inspection.

S. 33. Five rate payers to be annually chosen as auditors, in the same way as the vestrymen; auditors to have the same qualifications as vestrymen; and not to act in both capacities; no person interested directly or indirectly, in any contract, office, or business, or in providing materials for the parish to be eligible as auditor.

S. 24. The auditors to audit the accounts at least twice in every

year; and to audit the accounts in parishes in which other boards have controul over any part of the parochial expenditure.

S. 35. Auditors may summon persons to attend with books, writings &c., and to give information as to the particulars of accounts; persons refusing to attend, or wilfully obstructing the purposes of the inquiry, to be guilty of a misdemeanour.

S. 36. The accounts, when audited and approved, to be signed by the auditors, and the vestry-clerk.

S. 37. The accounts, when audited and signed to be open for inspection.

S. 38. Abstracts of accounts to be published within fourteen days after being audited.

S. 39. The vestry is to make out once in every year a list of estates, charities, and bequests, belonging to the parish, and under the controul of the vestry; such list to be open to inspection.

S. 40. This act not to invalidate or avoid any ecclesiastical law of the church of England, have as concerns the appointment of vestries, nor to destroy any of the rights of ecclesiastical persons, either as individuals or corporate bodies.

S. 41. Removes doubts that may arise as to the meaning of words used in this act.

S. 42. Meaning of the words "churches and chapels" in this act. S. 43. This act not to extend to parishes where there are not more than 800 persons rated as householders, except in cities or towns. S. 44. This act to be a public act.

ORDERS

For the Regulation of the Practice and Proceedings of the Court of Chancery.

THE Right Honourable Henry Lord Brougham and Vaux, Lord High Chancellor of Great Britain, by and with the advice and assistance of the Right Honourable Sir John Leach, Master of the Rolls, and the Right Honourable Sir Lancelot Shadwell, Vice Chancellor of England, doth hereby order and direct, that the Orders of the 3d April, 1828, be amended as to numbers VI., XIII., XVI., XVII., XVIII., XIX., XXIV., and LXXVI., in manner following: that is to say

VI. That if the plaintiff do not, within three weeks after a defendant's second or third answer is filed, refer the same for insufficiency on the old exceptions, such answer shall thenceforth be deemed sufficient.

XIII. That after an answer has been filled, the plaintiff shall be at liberty, before filing a replication, to obtain upon motion or petition without notice, one order for leave to amend the bill; but no further leave to amend shall be granted after an answer, and before replication, unless the Court shall be satisfied by affidavit that the draft of the intended amendments has been settled, approved, and signed by counsel, and that such amendments are not intended to be made for the purpose of delay or vexation, but because the same are considered to be material to the case of the plaintiff; such affidavit to be made by the plaintiff, or one of the plaintiffs, where there is more than one, and his, her or their solicitor, or by such solicitor alone, in case the plaintiff or plaintiffs, from being abroad or otherwise, shall be unable to join therein; but no order to amend shall be made after answer and before replication, either without notice or upon affidavit in manner hereinbefore mentioned, unless such order be obtained within six weeks after the answer, if there be only one defendant, or after the last of the answers, if there be two or more defendants, is to be deemed sufficient. But this order shall not extend to amendments which are made only for the purpose of rectifying some clerical error, or error in names, dates or sums; in which cases the order to amend may be obupon motion or petition, without notice.

XVI. That where the answer of a defendant is to be deemed sufficient, whether it be in term time or in vacation, if the plaintiff or plaintiffs shall not proceed in the cause, the defendant shall be at liberty, after the expiration of two months, to move, upon notice, that the bill be dismissed with costs, for want of prosecution; and the bill shall accordingly be dismissed with costs, unless the plaintiff or plaintiffs shall appear upon such motion, and give an undertaking to file a replication, and serve a subpœna to rejoin; and in case he requires a commission to examine witnesses, shall obtain and serve an order for such commission, within three weeks from the date of such undertaking: or unless the plaintiff or plaintiffs, without filing a replication, shall appear upon such motion, and give an undertaking to hear the cause as against the defendant, making the motion upon bill or answer: or unless it shall appear that the plaintiff or plaintiffs is or are unable to proceed in the cause, by reason of any other defendant or defendants not having sufficiently answered the bill, and that due diligence has been used to obtain a sufficient answer or answers, from such other defendant or defendants;-in which case, the Court shall allow to the plaintiff or plaintiffs, such further time for proceeding in the cause as shall appear to the Court to be reasonable. And in case the plaintiff or plaintiffs do appear upon the motion to dismiss, and give the undertaking to file a replication, and take the other proceedings consequent thereon, hereinbefore required, then all the rules and regulations, with respect to the commission and the return thereon, and the setting down the cause for hearing, and the rights of the defendant with respect to the commission, in case of any default on the part of the plaintiff, which are particularly expressed in the next order, shall apply to all cases under this order.