the vacancy of such office are entitled to elect or appoint a person to fill the same, shall and may forthwith proceed to elect or appoint some other person to fill the same in the place of the said church clerk, chapel clerk, or parish clerk, so removed as aforesaid: Provided always, that the exercise of such office by a sufficient deputy who shall duly and faithfully perform the duties thereof, and in all respects well and properly demean himself, shall not be deemed a wilful neglect of his office on the part of such church clerk, chapel clerk, or parish clerk, so as to render him liable, for such cause alone, to be suspended or removed therefrom."

It will be observed that this statute does not affect the common law right of removal by the party appointing, who may still, it is apprehended, as before the statute, remove from the office for good cause.

The sixth and last section of this Act contains also a very valuable enactment. It provides for the summary removal of any person who, having ceased to be employed in any of the offices or duties in the Act mentioned or referred to, or having been duly suspended or removed from any such office or employment as aforesaid, shall at any time refuse or neglect to give up the possession of any house, building, land, or premises, or any part thereof, by him held or occupied by virtue of such office or employment. The party offending may, in such case, be summoned before the bishop of the diocese, who is authorized to grant a certificate of these facts, under his hand and seal, to the person entitled to the possession of the premises, and upon the production of such certificate

to a neighbouring justice of the peace, and proof of such wrongful retention as aforesaid, the said justice is required to issue his warrant for summarily removing him from the premises, and giving peaceable possession to the person entitled to the same. The sexton is another inferior officer of the parish, appointed for the assistance of the churchwardens in the care of the church.

It was said by Patteson J., in R. v. Stoke Damarel, (d) that the right to appoint the sexton is by the general law in the minister of the parish; but in the recent case of Cansfield v. Blenkinsop (e) the Court of Exchequer doubted the correctness of this view. Where the offices of sexton and grave-digger were united they were indeed of opinion that the minister should appoint, by reason of his interest in the freehold of the churchyard; but seemed to think that where the office of sexton was held alone the appointment was in the minister and churchwardens together.

That the appointment of sexton is not in the parishioners at common law is clearly settled, but it may be and frequently is vested in them by custom (ƒ).

Like the parish clerk he is considered as a lay officer, having a freehold in his office, and if improperly removed, may be restored by mandamus (g); but a custom for the parishioners to remove him at pleasure is good (h).

In like manner, and for the same reason, though liable to spiritual censures, he cannot be deprived by the ecclesiastical court (h).

His business is to keep the church and pews cleanly swept, and sufficiently dried; to make graves and open the vaults for the burial of the dead; to provide under the churchwardens' directions, candles, &c., for lighting the church, bread and wine and other necessaries for the communion, and also water for baptizing; to attend the church during divine service, in order to open the pew doors for the parishioners; to keep out dogs, prevent disturbances, &c. (i).

His fees are ordinarily settled by the parish vestry, and paid by the churchwardens (k). He is also in some parishes entitled to certain accustomed dues.

The office of sexton may be held by a woman, and women may vote at the election of a sexton (1). As to the salaries, &c. of sextons, under the church building Acts, see 59 Geo. 3, c. 134, ss. 6, 10, 11; 5 Geo. 4, c. 103, s. 5; 1 & 2 Will. 4, c. 38, s. 16.

It may be observed here, that by section 9 of the vestry Act (m), it is enacted, that nothing in that Act contained shall extend to any parish within the city of London; and by section 10, that nothing in that Act contained shall extend to any parish in the borough of Southwark.

It is believed, however, that most, if not all, the parishes within the city of London and the borough of Southwark are regulated by select vestries.

SECTION III.

Of granting the Rate, of making the Assessment, and of getting the Rate confirmed by the Ordinary.

The vestry having been duly assembled, and the minister having taken the chair (n), or in his absence, a chairman having been duly appointed by plurality of votes (o), the next step is for the churchwardens to submit to the vestry for their consideration the question of the proposed repairs, and the estimates of the probable costs necessary for effecting them.

The churchwardens are bound by law to furnish this estimate, and if they neglect to do so, it seems that the vestry would be justified in refusing to enter upon the question of church-rates at all (p); but of course a probable estimate of the expenses is all that can be required of them, for they cannot be expected beforehand to ascertain the exact sum which may be wanted.

The probable sum required for the rate having been brought under the notice of the vestry, it will be open to the churchwardens, or indeed to any

(n) Wilson v. M'Math, 3 B. & A. 248.

(0) 58 Geo. 3, c. 69, s. 2.
(p) R. v. St. Margaret's,

Leicester, 10 A. & E. 730, 2 P. & D. 510, S. C. See also Smith & Willis v. Dixon, 2 Curt. 264.

vestryman present, to move that the requisite amount be raised by means of an equal rate, tobe levied upon the rateable property of all the parishioners (q).

The parishioners are not, however, bound by the estimate of the churchwardens; for estimates may easily vary, and they have a right to investigate this matter for themselves: they are the sole judges of the quantum of the rate required, and may support any amendment that may be moved varying the amount to be raised, provided they act bonâ fide, and do not obstinately and pertinaciously refuse to make a rate, or grant one manifestly collusive or inadequate (r). But if the church be out of repair, and a rate be in fact necessary, they are bound to grant one (s); they are assembled in vestry for that purpose, and have no right to evade the question by any such proposal as that the meeting be adjourned until that day six monthsthat church rates are objectionable in principle-or the like. If any such amendment be proposed, it should be met on the part of the chairman by a firm refusal to take the sense of the meeting upon

(q) It is not absolutely necessary that this should be done in vestry; the parishioners in vestry assembled may, if they please, delegate the power of making a rate to a number of persons nominated for that particular purpose, but in that case it is desirable that those persons should report to the vestry, and get their report confirmed. Still and Bunn v. Palfrey, Curt. 902, 1 N. E. C. 220. As to the power of

the vestry to delegate their
authority to a committee, see
also The Queen v. The Vicar,
Churchwardens, and Inhabit-
ants of St. Stephen's, Coleman
Street, 14 L. J., Q. B. 34.

(r) Greenwood v. Greaves, 1
Hagg. Ecc. 83.

(s) Burder v. Veley, 12 A. & E. 233, 4 P. & D. 452, S. C.; Gosling v. Veley and another, 7 Q. B. 406, post, c. iii. s. 3. Gosling v. Veley and Joslin, (in error,) 19 Q. B. 111.