Sixthly, Select vestries, &c. Appointment of a select vestry supersedes power of a common vestry. Justices empowered to order re.. lief in certain time. nineteen other substantial householders or occupiers within the township were nominated and elected to be members of such select vestry, and an order of a magistrate was subsequently made, by which such twenty persons were appointed to act as a select vestry, for the care and management of the poor of the township of Morpeth. This order having been removed into the Court of King's Bench, a rule was obtained for quashing it, on the ground that the persons appointed to constitute this select vestry were not chosen according to the provisions of the stat. 59 Geo. III. c. 12, at any general meeting in vestry of the inhabitants of the township, but at a meeting of a select body only. The facts, as above stated, appeared upon affidavits; after hearing counsel, Abbott, C.J., said,—"I am clearly of opinion, that the sixteen persons who constituted the ancient select vestry for the township of Morpeth cannot be considered the inhabitants of the parish in vestry assembled within the meaning of the 59 Geo. III. c. 12. The power to appoint a select vestry is expressly given to the inhabitants in vestry assembled; and here it was exercised, not by the inhabitants in vestry assembled, but by certain persons possessing some of the powers of the inhabitants in vestry assembled. It is not necessary in this case to decide what the inhabitants may do, but I have no difficulty in saying that in my opinion, the inhabitants at large may assemble and appoint a select vestry for the care and management of the poor, not interfering with any of the rights of the ancient select vestry. The rule for quashing the order must therefore be made absolute. Rule absolute. Clarke v. King, 2 Younge & J. 525. Wherever a select vestry is appointed, the right of the common-law vestry has always, in practice, been considered as de facto superseded; and the language of this act of parliament appears to confer upon that body the authority relative to the care and management of the poor, which the parishioners at large were before in the habit of exercising. It is optional with the parishioners, whether they will or will not proceed upon the old law, or upon the provisions of this statute, by the appointment of a select vestry; but if they pursue the latter course, they delegate their authority to that body. It follows that the consent of a select vestry, constituted under this act, is sufficient to render valid a contract under 9 Geo. I. c. 7, s. 4, for the lodging, keeping, and maintaining the poor of a parish. See ante, 185. Sect. 2. "That when any complaint shall be made to any justice of the peace, of the want of adequate relief, by or on the behalf of any poor inhabitant cases for a limited of any parish for which a select vestry shall be established by virtue of this act, or in which the relief of the poor is or shall be under the management of guardians, governors, or directors, appointed by virtue of special or local acts, such justice shall not proceed therein, or take cognizance thereof, unless it shall be proved on oath before him, that application for such relief hath been first made to, and refused by, the select vestry, or by such guardians, governors, or directors; and in such case, the justice, to whom the complaint shall be made, may summon the overseers of the poor, or any of them, to appear before any two of his Majesty's justices of the peace, to answer the complaint; and if, upon the hearing thereof, it shall be proved on oath, to the satisfaction of the justices who shall hear the same, that the party complaining, or on whose behalf the complaint shall be made, is in need of relief, and that adequate relief hath been refused by the select vestry, or by such guardians, governors, or directors, or that such select vestry shall not have assembled as by this act directed, it shall be lawful for such justices to make an order, under their hands and seals, for such relief as they, in their just and proper discretion, shall think necessary, (reference being also had by such justices to the character and conduct of the applicant;) provided, that in every such order the special cause of granting the relief thereby directed shall be expressly stated, and that no such order shall be given for, or extend to, any longer time than one month from the date thereof: provided that it shall be lawful for any justice to order temporary make an order for relief in any case of urgent necessity, to be specified in such order, so as such order shall remain in force only until the assembling of the select vestry of the parish, or of such guardians, governors, or directors as aforesaid, to which such case shall relate." One justice may relief, in cases of urgent necessity. Sect. 3. "Every select vestry, to be established by the authority of this act, shall cause minutes to be fairly entered in books, to be for that purpose provided, of all their meetings, proceedings, resolutions, orders, and transactions, and of all sums received, applied, and expended by their direction, and such minutes shall from time to time be signed by the chairman; and shall, together with a summary or report of the accounts and transactions of the select vestry, be laid before the inhabitants of the parish in general vestry assembled twice in every year, that is to say, in the month of March and the month of October, and at such other times as the select vestry shall think fit; and the minutes, proceedings, accounts, and reports of every select vestry shall belong to the parish, and be preserved with the other books, documents, accounts, and public papers thereof." Sect. 4 provides, "that the churchwardens and overseers of the poor shall cause ten days' notice, at the least, to be publicly given in the usual manner, of every vestry to be holden for the purpose of establishing any select vestry, or of nominating and electing the members, or any member thereof, and of every vestry to be holden for the purpose of receiving the report of the select vestry; and every notice of any such vestry shall state the special purpose thereof." Sixthly, Eelect restries, &c. Minutes to be kept of the provestries. ceedings of select Minutes of select vestries, and receedings, to be ports of their prolaid before the inhabitants in general vestry. Notice to be given of vestries ment and elecfor the establishtion of members, and for receiving vestries. reports of select Justices to act within their retions. spective jurisdic Provisions relating to parishes applied to town ships, &c. Majority to act. Powers given to to meetings of townships, &c. vestries applied Sect. 35. "All powers and authorities, by this act given to and vested in justices of the peace, shall be exercised and executed by such justices within the limits of their respective commissions and jurisdictions, and not elsewhere; and that all provisions, clauses, 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 acts and duties required and authorised by this act to be done and executed by churchwardens and overseers of the poor, may in every parish be performed, exercised, and executed by the major part of the churchwardens and overseers of the poor thereof; and that in townships, vills and places which have no churchwarden, the same may be performed, exercised and executed by the overseers of the poor thereof, or the major part of them; and that all the powers, provisions, and clauses in this act contained, which relate to vestries, or to the inhabitants of any parish in vestry assembled, shall be construed to extend to all meetings of the inhabitants of any township, vill, or place having separate overseers of the poor, and maintaining its poor separately, to be held after due and legal notice for carrying into execution the laws for the relief of the poor, as fully as if in every such provision and clause they were severally and respectively named and repeated." Sect. 36 provides, "That nothing in this act contained shall extend or be construed to extend to take away, abridge, alter, prejudice, or affect, further than is hereby expressly enacted, any of the powers, directions, provisions, or regulations contained in the said act passed in the twenty-second year of his present Majesty's reign, for the better relief and employment of the poor, in or with respect to such parishes, townships and places as have adopted, or as shall adopt and become subject to the provisions of that act; nor to take away, abridge, alter, prejudice or affect any of the powers or provisions of any special or local act or acts, for the maintenance, relief, or regulation of the poor, in any city, town, hundred, district, parish or place, so nevertheless, that in every city, town, hundred, district, parish or place, such of the clauses, directions and powers in this act contained, as are not repugnant to, nor incompatible with, the provisions of the said act of the twenty-second year of his Majesty's reign, or of such respective special or local acts, shall have the like force and effect, and may be adopted and applied in like manner, as in other parishes and places: Provided also, that Select vestries. nothing in this act contained shall extend or be construed to extend to alter, affect or disturb any select vestry which in any parish has been established and acted upon by virtue of any ancient usage or custom." Sect. 37. "That this act shall extend only to that part of the United Kingdom called England." On an issue, whether a churchwarden ought to be elected by the select Saving powers of where the provisions are adopt 22 Geo. 3, c. 83, ed. Saving powers given by special acts. Act extends to Sixthly, Select vestry, a record between a former churchwarden and another person is admissible evidence. Berry v. Banner, Peake, 156. vestries, &c. Seventhly, Sta tutes for maintenance of poor by incorporated societies. Maintenance of A select vestry cannot be constituted by a faculty from the bishop. Ibid. Form of Appointment of a Select Vestry. County of Whereas, in and by the statute made and passed in the fifty-ninth year day of in (Seventhly)-Some Account of Statutes 22 Geo. III. c. 83; 33 Geo. III. c. 35; 41 Geo. III. (G. B.), c. 9; 42 Geo. III. c. 74; 43 Geo. III. c. 110; 36 Geo. III. c. 10; 49 Geo. III. c. 124; 52 Geo. III. c. 73, and 50 Geo. III. c. 50, for the Maintenance of the Poor by Incorporated Societies. Although these acts are of too great length to be fully set forth, yet it is thought expedient to give a concise and faithful abstract of them: see also 45 Geo. III. c. 54; 55 Geo. III. c. 137 (p. 33); 56 Geo. III. c. 139; 59 Geo. III. c. 12, s. 10, 12, ante. By 22 Geo. III. c. 83, s. 1. So much of stat 9 Geo. 1, c. 7, as respects the maintaining or hiring out the labour of the poor by contract, within any poor by incorpo- parish, township, or place, which shall adopt the provisions of this act, shall be, and is hereby repealed; and every contract or agreement made in pursuance thereof, for either of those purposes, shall become, and is hereby declared to be, null and void.” rated societies. Restrictions of the said act. And by s. 44, it is "enacted, that nothing in this act contained shall extend to or affect, or be deemed, construed, or adjudged to extend to or affect, any parish, township, or place, which shall not agree to adopt the provisions herein contained, in the manner hereby directed and prescribed; anything herein contained to the contrary thereof notwithstanding." (a) There ought not to be fewer than 5 nor more than 20 persons. Seventhly, Of incorporated districts. Sect. 3. With respect to agreements to unite, enacts that "whenever twothird parts, in number and value, according to the poor rate, of the owners or occupiers of lands, tenements, or hereditaments, within any parish, township or place, qualified as hereafter mentioned, shall, at any time after the passing Nomination of a of this act, at a public meeting to be holden pursuant to the directions of this guardian and goact, signify their approbation of the provisions herein contained, and their desire vernor. to adopt them, in the form contained in the schedule hereunto annexed, No. I., and shall at such meeting nominate and recommend to the consideration of the justices of the peace of the county, riding, division, district, city, town, or place, where such meeting shall be holden, three able and discreet persons qualified for guardians (a) of the poor for such parish, township or place, and three other fit and proper persons qualified to be governors of the poorhouse for such parish, township, or place, and fix the salaries to be paid to such guardian and governor respectively, and shall procure the consent and approbation of two justices of the peace acting for that limit, to such agreement and salaries, by writing under their hands, in the forms contained in the schedule, No. II., and shall cause such agreement to be registered pursuant to the direction of this act; every such parish, township, or place, shall from that time be entitled to all the benefits, privileges, powers, authorities, and advantages, which can arise or be derived from this act." And by 33 Geo. III. c. 35, s. 1. "That whenever two-third parts in number and value as aforesaid, of such qualified persons only, as have actually attended, or may hereafter actually attend, at such public meeting, have there signified, or may hereafter there signify, their approbation of the provisions in the said act contained, and their desire to adopt them, according to the form and manner prescribed by the said act, such approbation and desire so signified, or to be hereafter so signified, as aforesaid, have been, and shall be, and are hereby declared to be, a due and sufficient compliance with the above-recited provision of the said act, according to the true intent and meaning of the same." Sect. 2. "That whenever two third parts, in number and value as aforesaid, of the said persons so qualified, and actually attending at such public meeting as aforesaid, shall nominate and recommend to the consideration of the justices of the peace of the county, riding, division, district, city, town, or place where such meeting shall be holden, three able and discreet persons qualified for guardians of the poor for such parish, township or place, and shall fix the salary to be paid to such guardian, according to the manner and form prescribed by the said act; and shall also, at the said public meeting, by writing under their hands, signify their opinion to the said justices, that, on account of the extent and population of such parish, township, or place, more than one guardian of the poor is necessary for the same; and shall express their desire that two of the three persons so nominated and recommended as aforesaid, may be appointed guardians of the poor for such parish, township, or place, it shall and may be lawful for such of the said justices as are already empowered by the said act to appoint one guardian for such parish, township, or place, to comply with the said desire, and to appoint two guardians accordingly." And by 41 Geo. III. (G. B.) c. 9. s. 1, "If it shall be the opinion of two thirds in number and value of the owners or occupiers of lands, tenements, and hereditaments, qualified as by the said act is required, who shall be present at a public meeting to be called for that purpose, pursuant to notice thereof given in the church or chapel of the said parish, on the Sunday preceding, that one guardian is insufficient for carrying into due execution the provisions of the said act, and the same shall be certified by two or more of the persons present at such meeting, in writing under their hands, to two or more justices of the peace acting for the district or division within which (a) For the power of a guardian de facto, see Rex v. Martyr and Fulham, Vol. I., tit. Bastards, p. 314. Application of two thirds in value, sufficient. number and Two guardians may be appointthree named to justices, ed out of the and more may be appointed, and how. Seventhly, Of incorporated districts. Two or more pa such parish shall be situate, together with the names of four or more fit and proper persons qualified for the office of guardian as by the said act is required, it shall and may be lawful for the said justices, by writing under their hands, according to the form prescribed in the schedule to the said act, to appoint such and so many of the said persons to be guardians of the poor within such parish, as they in their discretion shall think fit, and as shall be necessary for duly carrying the purposes of the said act into execution." And by 22 Geo. III. c. 83, s. 4. “That where two third parts, in number rishes may unite and value as aforesaid, of the owners or occupiers of lands, tenements, or for the purposes of this act. Forms prescribed in the Schedule, see post. Parishes more than ten miles distant from hereditaments, within two or more parishes, townships, or places, so qualified as aforesaid, shall think fit with such approbation as aforesaid, signified in like manner under the hands of two justices of the peace, and subscribed at the foot of the said agreement, in the form expressed in the said schedule, No. II., at the end of the form of the said agreement, to unite for the purposes of this act, and shall signify their inclination and desire so to do at a public meeting holden in each of such parishes, townships, and places, in the manner hereinbefore directed concerning a single parish, in the form contained in the said schedule, No. III., an agreement shall, as soon as conveniently may be after such public meetings shall have been holden, be entered into by the guardians of the poor of every such parish, township, and place respectively, or the major part of them, in the form or to the effect set forth in the said schedule, Ño. ÎV., which agreement shall be binding upon the several parties; and every such agreement shall specify the place where such house or houses shall be situate, and the terms upon which such agreement is made, and shall be entered with the clerk of the peace or town clerk of the county, city, town, or district, in which such parishes, townships, or places, shall be situate, and a copy thereof left with him within three calendar months after the time of making such agreement, in the form or to the effect mentioned in the said schedule, No. V., for which entry every such clerk shall receive one shilling, and no more; and from that time every such parish, township, and place, so agreed to be united, shall be entitled to all the benefits, privileges, powers, authorities, and advantages, which can arise or be derived from this act." Sect. 5. "That no parish, township, hamlet, or place, which shall be situate more than ten miles from any poor house or workhouse to be proworkhouse not to vided under the authority of this act, shall be permitted to be united, "for the purposes aforesaid, with the parishes, townships, hamlets, and places, which shall establish such poor house or workhouse." unite. Casual poor there. in to be relieved at joint expence proportionately. Notice of mect cation of voters. And by 33 Geo. III. c. 35, s. 3. "All such casual poor as may happen to be within, and would be entitled to relief from, any one of such parishes, townships, or places as have been, or may hereafter be, united together for the purposes of the act herein-before first mentioned, shall be relieved by all the said parishes, townships, or places conjointly, and in the same respective proportion as they shall and are directed to contribute for the general purposes of the said act, according to the provisions and regulations in the said act specified and contained." By 22 Geo. III. c. 83, s. 6. "That the notice for every public meeting ings, and qualifi- directed by this act, shall be given in the church or chapel of every such parish, township, or place, on three successive Sundays before the time of such meeting, immediately after divine service, or on such of the said Sundays as service shall be performed there, and also fixed in writing on such church or chapel door, or if no church or chapel, at some public place within any such parish, township, or place, where notices of parish business have been usually given, fifteen days at least before the day to be appointed for such meeting, in the form or to the effect mentioned in the said schedule, No. VI.; and that no person shall vote at any public meeting to be holden for the purposes of this act, unless he or she shall be the owner or occupier of lands, tenements, or hereditaments, which shall be assessed to the poor's rates, within such parish, township, or place, after the rate of |