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As to the term of office of auditors.
Notice of elections.
wards under this Act shall be five, and the number of
XII. The auditors first elected under this Act in any parish as aforesaid shall go out of office at the time appointed for the election of vestrymen and auditors in the year 1857, and the auditors then elected and to be thereafter elected shall go out of office at the election of vestrymen and auditors in the year next following their election.
XIII. The churchwardens of every parish mentioned in either of the said schedules (A.) and (B.), which is not divided into wards, shall, on some Sunday at least twenty
(k) The bill for amending this Act, brought into the Hous of Commons in 1860, contained a clause for repealing this pro viso, and directing that the total number of ratepayers electe as auditors for any parish divided into wards should be th auditors of accounts of such parish, but it was struck out.
(1) As to qualification of vestrymen, see sect. 6.
one days previously to the day of annual election of vestrymen, cause to be published in such parish as herein provided (m) a notice according to the following form:
'Parish of [here insert name of parish].
"The parishioners duly qualified according to the pro'visions of the Act of the session holden in the eighteenth ' and nineteenth years of the reign of Queen Victoria, 'intituled "An Act" [here insert the title of the Act], are hereby required to meet at day ' of, conformably to the provisions of the said Act, ' and then and there to consider of and elect fit and proper ، persons to be vestrymen and auditors of accounts of the 'parish of for the ensuing year [the words "for the ""ensuing year" to be omitted in the notice of the first 'election]; that is to say,
members of the vestry,
And the churchwardens of every such parish as aforesaid which is divided into wards shall at the time aforesaid cause to be published as herein provided, in each ward of the parish, a notice according to the following form:—
'Parish of ward of [inserting the parish and 'ward].
"The parishioners duly qualified according to the pro'visions of the Act of parliament of the session holden ' in the eighteenth and nineteenth years of the reign of 'Queen Victoria, intituled "An Act" [here insert the title
of this Act], are hereby required to meet at
day of, conformably to the provisions of the
́ said Act, and then and there to consider of and elect fit and proper persons to be vestrymen and an
' auditor of accounts of the parish of - for the ward —, for the ensuing year [the words "for the en"suing year" to be omitted in the notice of the first
(m) See mode of publication, s. 26.
XIV. Where any parish is divided into wards, the churchwardens, three clear days at least before the day to preside at of election, shall appoint in writing under their hands a
person to preside at such election as aforesaid in each of the said wards, except any ward in which one of the churchwardens shall preside, and notify such appointment to the vestry clerk of the parish.
Churchwardens to appoint persons
Rate collectors to assist
XV. The rate collectors, or persons appointed by them, at the elec- shall attend the churchwardens and persons presiding at elections under this Act, and inspectors of votes, to assist in ascertaining that the persons presenting themselves to vote are parishioners rated to the relief of the poor in the parish, or the respective wards thereof, and duly qualified (a) to vote at the election.
Form of proceeding at elections.
XVI. On the day of election of vestrymen and auditors in any parish under this Act the parishioners (b) then rated (c) to the relief of the poor in the parish, or, where the parish is divided into wards under this Act, in the ward thereof for which the election is holden, and who are desirous of voting, shall meet at the place appointed for such election, and shall then and there nominate two
(a) It was held in a case under the present Act, that the parishioner, at the time of the election of vestrymen, when his vote was challenged for nonpayment of a church rate, might show that the assessment was not due from him at the time of voting, the rate being illegal and void; Tozer v. Child and another, 25 L. J. (N. S.) Q. B. 337; S. C., 6 E. & B. 289. If the churchwardens act bona fide in rejecting the vote they are not liable to an action whether the rate be good or bad, ibid., and see Cullen v. Morris, 2 Stark. R. 577. See in the matter of the Election of Vestrymen for St. Clement Danes, 20 J.P. 131; and see R. v. Bidwell, 17 L. J. (N. S.) M. C. 99.
(b) As to meaning of "parishioner," see Nol. P. L. i. C8, note (1).
(c) As to what amounts to being rated, see note (a) to s. 6, and 19 & 20 Vict. c. 112, s. 4, post, enabling occupiers to claim to be rated, and s. 5 providing that in case of a composition the occupier shall not be bound to pay or tender more than the amount payable under the composition, and s. 6 declaring occupiers rated under that Act entitled to vote in the election of vestrymen and auditors.
ratepayers of the parish, or (if the parish be divided into wards) of the ward for which the election is holden, as fit and proper persons to be inspectors of votes; and the churchwardens, or, in the case of a ward election, such one of the churchwardens as is present thereat, or, where one of the churchwardens is not present, the person appointed by them to preside thereat, shall, immediately after such nomination as aforesaid by the parishioners, nominate two other such ratepayers to be such inspectors: and after such nominations the said parishioners shall elect (d) such persons duly qualified as may be there proposed for the offices of vestrymen and auditors or auditor; and the chairman at such meeting shall declare (e) the names of the parishioners who have been elected by a majority of votes at such meeting: Provided nevertheless, that no person shall be entitled to join or vote in any such election for any parish, or any ward of any parish, or be deemed a ratepayer thereof, or be entitled to do any act as such under this Act, unless he have been rated in such parish to the relief of the poor for one year next before the election, and have paid all parochial rates, taxes, and assessments due (f) from him at the time of so voting or acting, except such as have been made or become due within six months immediately preceding such voting or acting.
XVII. Provided always, that any five ratepayers may then and there, in writing or otherwise, demand a poll (g),
(d) See provision in s. 39 of 25 & 26 Vict. c. 102, post, where a person is returned to serve as vestryman for more than one ward.
(e) At an election of vestrymen under 1 & 2 Will. 4, c. 60, it was held that the decision of the chairman on a show of hands was not conclusive, but that he was bound on a requisition to ascertain the numbers; R. v. St. Pancras, 11 A. & Ell. 15.
(f) The 19 & 20 Vict. c. 112, s. 7, post, enacts that this provision shall not be taken to include church rates.
(g) In general a poll is demandable by a voter as of right; see R. v. Hedger, 12 A. & E. 151; Campbell v. Muund. 5 A. & E. 865; R. v. D'Oyly, 12 A. & E. 139; and as to mode of taking poll and right to vote, see R. v. Churchwardens, &c. of Lambeth, 8 A. & E. 356; R. v. Vestrymen of St. Pancras, 11 A. & E. 15; R. v. Hedger, supra.
Power to dewhich shall
mand a poll,
be taken by which shall be taken by ballot on the day next following, and shall commence at eight of the clock in the forenoon and close at such hour as hereinafter mentioned; that is to say, at six of the clock in the afternoon in the case of any election to be holden in November, 1855, and at eight of the clock in the afternoon in all other cases; each ratepayer depositing as hereinafter provided 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 or name of the persons or person for whom such parishioner may vote as fit and proper to be auditors or auditor of accounts; and each ratepayer shall have one vote and no more for the members of the vestry, and one vote and no more for the auditors or auditor of accounts to be chosen in the said parish or ward.
Duty of inspectors of votes.
XVIII. The persons voting shall deposit such folded papers in two separate sets of balloting glasses or boxes (a), one set for voting papers for members of vestry, and another set for the voting papers for auditors or an auditor; and the said balloting glasses or boxes shall be closed at the time hereinbefore fixed for the closing of the poll; and the inspectors (b) for the parish or ward (as the case may be) shall forthwith meet together, and proceed to examine the said votes, and if necessary shall continue the examination by adjournments from day to day, not exceeding two days (Sunday excepted), until they have decided upon the persons duly qualified (c) according to
(a) This section is only directory, and where both sets of names were written on one paper, and put into one balloting box, it was held not to invalidate the election; Ex parte Middleton, in the matter of Kenneth and others, 25 J. P. 791.
(b) See as to appointment of an umpire by the inspectors before commencing their duties, 25 & 26 Vict. c. 102, s. 36, post.
(c) Persons claiming to be returned must be rated to the full amount required by the 6th section at the time of voting,