As to the First Vestrymen un- The full Num ber of Vestry men to be chosen at First Election, and existing Vestries superseded. As to the Term of Office of Vestrymen elected at First Election, and as to future Elec tions. Metropolis Local Management. Vestryman, that the Amount of Rental upon which he is rated or assessed as aforesaid exceed Twenty-five Pounds: Provided also, that the joint Occupation of any such Premises as aforesaid, and a joint Rating in respect thereof, shall be sufficient to qualify each joint Occupier in case the Amount of Rental on which all such Occupiers are jointly rated will, when divided by the Number of Occupiers, give for each such Occupier a Sum not less than the Amount herein-before required. VII. The First Election of Vestrymen under this Act in every Parish shall be holden in the Month of November next after the passing of this Act, and between the Fifth and Twenty-first Days of that Month, and the Day on which such Election shall commence shall be appointed by the Churchwardens of the Parish, and Twenty-one Days previously to the Day of Election Notice of such Election shall be given in manner herein-after directed concerning Notice of Election of Vestrymen and Auditors, and the next such Election shall take place on such Day in the Month of May in the Year One thousand eight hundred and fifty-seven as the Vestry shall appoint, and every subsequent Election shall take place annually in the Month of May in every Year as the Vestry appoint. VIII. At the First such Election of Vestrymen as aforesaid for any Parish, the full Number of Elective Vestrymen of which such Vestry is to consist as herein-before mentioned shall be elected, and such Vestrymen, with such other Persons as herein-before mentioned, shall forthwith be deemed to constitute the Vestry of such Parish, and shall supersede any existing Vestry therein, and exercise the Powers and Privileges held by such existing Vestry, save as in this Act otherwise provided; and the Authority of such Vestry may be pleaded before any Justice or Justices of the Peace or in any Court of Law in regard to all Parochial Property or Monies due, or Holdings or Contracts, or other Documents of the like Nature, under the Control or in the Keeping of such existing Vestry; and all Parish Officers or Boards shall account to them in like Manner as they are by Law liable to account to such existing Vestry. IX. One Third of the Vestrymen first elected under this Act in any Parish, or, where such Parish is divided into Wards under this Act, in each Ward of such Parish, shall go out of Office at the Time appointed for the Election of Vestrymen in the Year One thousand eight hundred and fifty-seven, One other Third of them at the Time appointed for such Election in the Year One thousand eight hundred and fifty-eight, and the remaining Third at the Time appointed for such Election in the Year One thousand eight hundred and fifty-nine; and the Vestry shall, at some Meeting before the Time of the Election in One thousand eight hundred and fifty-seven, determine by Lot which of the Members first elected shall constitute the One Third to go out of Office in the Years One thousand eight hundred and fifty-seven and One thousand eight hundred and fifty-eight respectively; and all Members from Time to Time elected at the annual Elections after the First Election shall go out of Office at the Time appointed for the annual Metropolis Local Management. annual Election in the Third following Year, except such Members as are elected to supply Vacancies occasioned otherwise than by Effluxion of Time; and such last-mentioned Members shall go out of Office at the respective Times when the Terms of Office of the Members in whose Places they are respectively elected would have expired by Effluxion of Time. nual Elections. X. At every Election of Vestrymen under this Act, except the Vacancies to be First, for any Parish or any Ward of any Parish, the Parishioners filled up at anof such Parish entitled to vote in such Election shall elect as many Vestrymen as there are Vacancies in the Vestry, or among the Vestrymen elected for such Ward, whether such Vacancies be occasioned by the Expiration of the Term of Office, or by Death or otherwise. Accounts for Schedules (A.) and (B.) Parishes in XI. For every Parish mentioned in either of the Schedules (A.) Appointment of and (B.) to this Act there shall be elected such Number as herein- Auditors of after mentioned of the Ratepayers of the Parish who have signified in Writing their Assent to serve to be Auditors of Accounts, which Auditors shall be so elected at the same Times and in the same Manner as Members of the Vestry; and the Number of Ratepayers so to be elected Auditors in any Parish not divided into Wards under this Act shall be Five, and the Number of Ratepayers so to be elected Auditors in any Parish which is divided into Wards shall be the same as the Number of Wards, One Auditor being elected in each Ward: Provided always, that where the Number of Wards into which any Parish is divided exceeds Five, the Vestry of such Parish shall, at their First Meeting after the Election of Auditors as aforesaid, in any Year, elect by Ballot from among such Auditors Five of them, and the Five Persons so elected by Ballot shall be the Auditors for such Parish exclusively of any other Person or Persons who may have been elected an Auditor or Auditors for such Parish under the Provisions herein contained; and a List of the Five Persons so elected by the Vestry shall be forthwith published by the Churchwardens in the Parish as herein provided: Provided also, that no Person shall be eligible to fill the Office of Auditor of Accounts who is not qualified to fill the Office of Vestryman for the Parish; but no Person shall be eligible to fill the Office of Auditor who is a Member of the Vestry; and if any Person be chosen to be both a Member of the Vestry and Auditor of Accounts he shall be incapable of acting as a Vestryman. Auditors. XII. The Auditors first elected under this Act in any Parish As to the Term as aforesaid shall go out of Office at the Time appointed for the of Office of Election of Vestrymen and Auditors in the Year One thousand eight hundred and fifty-seven, 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 Notice of of the said Schedules (A.) and (B.), which is not divided into Elections. Wards, shall, on some Sunday at least Twenty-one Days previously to the Day of annual Election of Vestrymen, cause to be published in such Parish as herein provided a Notice according to the following Form: 'Parish Churchwardens to appoint Persons to preside at Ward Elections. Rate Collectors to assist at the Elections. Form of Proceeding at Elections. Metropolis Local Management. Parish of [here insert Name of Parish]. The Parishioners duly qualified according to the Provisions of the Act of the Session holden in the Eighteenth and Nine'teenth Years of the Reign of Queen Victoria, intituled "An Act" [here insert the Title of the Act], are hereby required to 'meet at on the • Day of con formably to the Provisions of the said Act, and then and there 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 pub lished as herein provided, in each Ward of the Parish, a Notice according to the following Form : 'Parish of 'the Parish and Ward]. Ward of [inserting The Parishioners duly qualified according to the Provisions. 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 on the conformably to the Provisions of the to be Vestrymen and an Auditor of ' of Day of said Act, and then and fit and proper Persons Accounts of the Parish for the ensuing Year [the Words "for the ensuing Year" to be omitted in the "Notice of the First Election].' XIV. Where any Parish is divided into Wards, the Churchwardens, Three clear Days at least before the Day 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. XV. The Rate Collectors, or Persons appointed by them, 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 to vote at the Election. XVI. On the Day of Election of Vestrymen and Auditors in any Parish under this Act the Parishioners then rated 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 Ratepayers of the Parish, or (if the Parish be divided into Wards) of the Ward for which the Election is holden, as Metropolis Local Management. 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 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 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 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. Power to demand a Poll, which shall be taken by Bal lot. XVII. Provided always, That any Five Ratepayers may then and there, in Writing or otherwise, demand a Poll, 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 herein-after mentioned; that is to say, at Six of the Clock in the Afternoon in the Case of any Election to be holden in November One thousand eight hundred and fifty-five, and at Eight of the Clock in the Afternoon in all other Cases; each Ratepayer depositing as herein-after 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. XVIII. The Persons voting shall deposit such folded Papers in Duty of In Two separate Sets of Balloting Glasses or Boxes, one Set for spectors of Voting Papers for Members of Vestry, and another Set for the Votes. Voting Papers for Auditors or an Auditor; and the said Balloting Glasses or Boxes shall be closed at the Time herein-before fixed for the closing of the Poll; and the Inspectors 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 according to the Provisions of this Act who may have been chosen to fill the aforesaid Offices. XIX. In case an Equality of Votes appear to the aforesaid Provision for Inspectors to be given for any Two or more Persons to fill either Case of Equa of lity of Votes. If in the Interval between Elections the Vestry of any Parish be reduced below Two Thirds, the Vacancies to be filled up as herein named. Penalty for forging or falsifying any Voting Paper or obstructing the Election. A List of Persons elected Vestrymen and Auditors to be published. Penalty on Inspector for making incorrect Return. Vestries to pro- Metropolis Local Management. of the said Offices, the Inspectors shall decide by Lot upon the Person to be chosen. XX. If in the Interval between any Election under this Act of Vestrymen in any Parish and the Time at which the next Election would in the Absence of this Enactment have taken place the Number of such Vestrymen be reduced below Two Thirds of the full Number, so many Vestrymen as may be requisite for filling up such Number shall be forthwith elected in like Manner as in the Case of the annual Election of such Vestrymen, and the Provisions of this Act shall be applicable in the Case of such Election accordingly, save that the Notice of Election shall be varied from the Form prescribed by this Act so far as may be necessary, and where such Parish is divided into Wards under this Act each Ward shall supply the Vacancies among the Members elected for the same; and every Vestryman elected under this Enactment shall go out of Office at the Time when the Term of Office of the Person in whose Place he is elected would have expired by Effluxion of Time. XXI. If any Person knowingly personate and falsely assume to vote in the Name of any Parishioner entitled to vote in any Election under this Act, or forge or in any way falsify any Name or Writing in any Paper purporting to contain the Vote or Votes of any Parishioner voting in any such Election, or by any Contrivance attempt to obstruct or prevent the Purposes of any such Election, the Person so offending shall, upon Conviction before any Two or more Justices of the Peace having Jurisdiction in the Parish, be liable to a Penalty of not less than Ten and not more than Fifty Pounds, and in default of Payment thereof shall be imprisoned for a Term not exceeding Six nor less than Three Months. XXII. The Inspectors shall, immediately after they have decided upon whom the aforesaid Elections have fallen, deliver to the Churchwardens, or to One of them, or other the Person presiding at the Election, a List of the Persons chosen by the Parishioners to act as Vestrymen and Auditors, or an Auditor of Accounts; and the said List, or a Copy thereof, shall be published in the Parish as herein provided. XXIII. If any Inspector wilfully make or cause to be made an incorrect Return of the said Votes, every such Offender shall, upon Information laid by any Person before Two or more Justices of the Peace having Jurisdiction in the Parish, and upon Conviction for such Offence, be liable to a Penalty of not less than Twenty-five Pounds and not exceeding Fifty Pounds. XXIV. The Vestry of every Parish mentioned in either of the Schedules (A.) and (B.) to this Act shall provide such Places as may be requisite for holding Elections of Vestrymen and Auditors under this Act, and taking the Poll thereat; and the Expenses of providing such Places, of publishing Notices, of taking the Poll, and of making the Return at Elections of Vestrymen and Auditors, shall be paid out of the Poor Rates of the Parish by Order of the Vestry: Provided always, that the Places requiring to be provided for the First Election under this Act of Vestrymen and Auditors in any Parish shall be provided by the Churchwardens, and the Expenses |
