tard; and the person appointed to have the care of a bastard, misapplying the money for its use, withholding from it proper nourishment, or otherwise ill-treating the child, is liable to a penalty of £10, 8. 8.

Existing orders not affected by the act; but orders made before August, 1834, to cease January 1, 1849.

This act is explained by 8 V. c. 10, and enables the mother, where an order has been quashed for defect in form, to apply again within six months. In appeals, the mother may be examined; the parties may be heard by counsel or attorney; in default of sufficient distress, the father may be committed to prison.

A man marrying a woman with an illegitimate child is bound to maintain it, same as if legitimate, till it attain the age of sixteen.

VI. PARISH SCHOOLS AND EDUCATION.

By 7. & 8 V. c. 101, s. 40, the poor-law commissioners may combine unions or parishes into school districts for any class of infant poor, not above the age of sixteen years, and who are orphans or deserted by their parents, or whose parents consent to the placing of the children in the district school. Parishes only to be included in a district whose distances do not exceed fifteen miles; nor is any parish to be included if subject to local act, or the population exceed 20,000, without consent, in writing, of a majority of the guardians.

By 11 & 12 V. c. 82, the limitations imposed by the above act on the area of school districts and on the expense of school buildings are removed, so as not to apply to prevent the combination of any union or parish not in union when the major part of the guardians of the several unions or parishes not in union, proposed to be combined, shall previously thereto consent in writing to such combination.

This act is repealed, so far as it refers to the average contributions of unions for district schools, by 13 V. c. 11, enacting that the Poor-law Board shall cause an inquiry to be made as to the average annual expense incurred by or on account of the relief of the poor in every union and parish forming an integral part of such district during the three years ending on the 25th day of March next before the date of the formation of such district, such expense to include the cost of the relief of the poor, and in each case the payment of the salaries of all officers engaged in the administration of the relief of the poor, and other like expenses of current and ordinary nature; and the board shall by an order declare the respective averages so ascertained, and after the issue of such order the several unions and parishes comprised in any such district shall contribute according to the proportion of the averages declared in

such order until the same shall be altered by any subsequent order of the board. Commissioners may, when they think fit, direct fresh inquiries with the view to the declaration of new averages.

In addition to the sums authorized, by 7 & 8 V. c. 101, to be raised by the board of management of a school district, s. 3 of 13 & 14 V. c. 101, empowers to raise any further sums required for the site of a school, or for the training of children maintained thereat, or for the site of any addition to such school.

For the temporary relief of poor persons found destitute and without lodging, within the district of the metropolitan police, or the city of London or in the boroughs of Liverpool, Manchester, Bristol, Leeds, and Birmingham; and for avoiding the introduction of infectious diseases into the regular workhouses, the commissioners may form DISTRICT ASYLUMS for the relief and setting to work of destitute houseless poor, who are not charged with any offence, and who apply for relief, or become chargeable to the poor

rates.

District boards are to be formed for the management of schools and asylums; members to be ratepayers with a qualification not exceeding the net annual value of £40, and chosen for three years by the guardians, or, if no guardians, by the overseers. Chairman of board of guardians to be, if he consent, ex officio chairman of the district board.

Members of the district board to have generally the powers of guardians, subject to the commissioners. They may appoint paid officers and one chaplain at least, with the consent of the bishop, for each establishment. No inmate of school or asylum to be obliged to attend religious service contrary to his persuasion, or that of parents or relatives. Dissenting ministers may visit school or asylum at reasonable times according to regulations. Government inspectors may visit schools to ascertain proficiency of scholars.

Money may be raised for the purpose of sites and the erection or hire of buildings for schools and asylums, but not to exceed in amount one-fifth of the average annual expenditure for the relief of the poor, and must be repaid within twenty years. Guardians may inspect and visit asylums. Children may be sent to district school from parishes not included in the district, if not distant more than 20 miles.

Any poor person found destitute, and not professing to be settled in any parish within the district, admissable into the asylum for temporary relief and work. Constables to conduct the destitute to

the asylum for the houseless.

Poor persons relieved with food and lodging for the night cannot be detained against their will longer than the breakfast hour, and four hours after, unless they have become lawfully punishable for misbehaviour. Persons relieved in asylums are subject to and incur the same liabilities as if in or relieved in a workhouse. Establishment of an asylum does not exonerate guardians, overseers, or

relieving officers, from existing obligations to grant prompt relief to the poor in cases of sudden and urgent necessity.

Further, to provide education and maintenance for poor children, the 25 & 26 V. c. 43 empowers guardians to send any poor child certified by Poor-law Board, and wholly or partially supported by voluntary subscriptions, and which the managers may be willing to receive and pay the expenses incurred, if not exceeding the amount that would have been charged if relieved in the workhouse during the period. School to be open to inspection by Poor-law Board. Only orphans eligible, or children with parents who consent, s. 6. No child to be sent to a school conducted on the principles of a religious denomination to which the child does not belong.

VII. PARISH VESTRIES.

Vestries are either open or select: in the former, every parishioner who has paid his rate is eligible to attend, and all matters submitted to the vestry must be decided by a majority of votes. The select vestry consists of a limited number of individuals, who derive their powers either from ancient custom, vesting in certain persons the management of the affairs of the parish, or from act of parliament: in these, vacancies are filled up either by the vestrymen themselves or the parishioners.

By the 58 G. 3, c. 69, no meeting of the inhabitants in vestry shall be held unless at least three days' previous notice has been given. But by 1 V. c. 45, no public notice for a vestry meeting or any other matter shall be given in any church or chapel during or after divine service, or at the door of any church or chapel at the conclusion of divine service. Notices heretofore usually given daring or after divine service, &c., to be affixed to the church doors instead. Notices for holding vestries to be signed by a churchwarden of the church or chapel, or by the rector, vicar, or earate of such parish, or by an overseer of the poor of such parish. Decrees, &c., not to be read in churches. But the act not to extend to banns, nor to various notices connected with divine service.

The 13 & 14 V. c. 57 prohibits the holding of vestry or other parochial meeting in the parish church or chapel, "as productive of scandal to religion," in places where the population exceeds 2,000, on application to the Poor-law Board by the churchwardens, pursuant to a resolution of the vestry of the parish. After the publication of the order of the poor-law commissioners, and with their sanction and a majority of the vestry, other places may be provided within the parish for vestry or other usual meeting. By 8. 6, in parishes with a population exceeding 2,000, the election and payment of the vestry clerk may be regulated on application by an order of the commissioners. Vestry clerk elected conformably with such order not to be removable except by resolution of

vestry and consent of Poor-law Board; s. 7 specifies the duties of the vestry clerk. Salary of vestry clerk to be fixed by the commissioners.

At a vestry meeting every inhabitant, whose poor assessment is less than £50, is entitled to give one vote; amounting to £50 or upwards, he is entitled to one vote for every £25 above that sum; provided that no inhabitant shall be entitled to more than six votes, 58 G. 3, c. 69, s. 3.

If the rector, vicar, or perpetual curate is not present at a vestry, a chairman may be appointed, by plurality of votes; and in case of equality of votes on any occasion, the chairman, in addition to the votes he may have in right of his assessment, is to have the casting vote.

Under 59 G. 3, c. 12, the parishioners may appoint annually a select vestry, for the management of the concerns of the poor, consisting of not more than twenty, nor less than five, substantial householders or occupiers within the parish; and any three of them, two of whom shall neither be overseers nor churchwardens, shall be a quorum, competent to inquire into the state of the poor, and to determine proper objects for relief.

Minutes are to be kept of the proceedings of the select vestry, which, as well as reports of their proceedings, are to be laid before the inhabitants, in general vestry, in the months of March and October in every year.

The determination of the major part of the parishioners assembled in vestry binds the whole parish; and as respects the validity of the proceedings, it is immaterial how few persons attend, if due notice has been given of holding it.

Under the poor-law acts, vestry" means any open, customary, or select vestry, or any meeting of inhabitants convened by any notice, such as would have been required for the assembling of a meeting in vestry, at which meeting business relative to the poor, or the rates, shall be transacted or taken into consideration, 4 & 5 W. 4, c. 76, s. 109.

The poor-law commissioners may make rules for the control and guidance of vestries; and commissioners and assistant commissioners may attend and take part in discussion, but not vote, ss. 15, 21.

The sections in 58 G. 3, c. 69, and 59 G. 3, c. 85, which disqualified persons from voting in vestries who had not paid their rates, have been modified by 16 & 17 V. c. 65, enacting that "no person shall be required, in order to be entitled to vote or be present at any vestry meeting held under the same acts, to have paid any rate for the relief of the poor, which shall have been made or become due within three calendar months immediately preceding such vestry meeting."

By Hobhouse's Vestry Act, the 1 & 2 W. 4, c. 60, parishioners are empowered to alter the constitution of their vestries, and ap

point auditors of accounts; and this act may be adopted in any parish in England and Wales, subject to certain regulations and exceptions, which will be mentioned. One-fifth of the ratepayers, or any number amounting to fifty, may, between December 1st and March 1st, present a requisition, with their names and abodes, to one or more of the churchwardens, requiring them to call a meeting to ascertain whether a majority of the ratepayers are favourable to the adoption of the act. Upon receipt of the requisition, and first Sunday after, public notice to be given on the door of every church or chapel of the Establishment, specifying a place and day, not earlier than ten, nor later than twenty-one days, for the ratepayers to signify, by their votes, for or against the adoption of the act; the votes to be taken on three successive days, between the hours of eight in the morning and four in the afternoon. A majority of the ratepayers must vote, and two-thirds of them voting in favour of the act, it is to be declared adopted. Ratepayers not to vote, unless rated for one year, and paid all parochial rates made six months preceding the day of voting. Vestry to consist of not less than 12 resident householders, where the rated householders do not exceed 1,000; if they exceed 1,000, 24 vestrymen to be chosen; if they exceed 2,000, 36 vestrymen to be chosen ; and so on, at the rate of 12 additional vestrymen for every 1,000 rated householders; but the number of vestrymen in no case to exceed 120, unless where a greater number has been fixed by special act of parliament. This act also regulates the election of auditors, and the management of charities, but it is not to extend to any parish where there are not more than 800 ratepayers, except such parish is within or part of any city or town. Vestries elected under it may direct the mode of parish relief, subject to the guidance of the poor-law commissioners.

This act is repealed in respect of parishes in the metropolis by the Local Management Act of 1855, the 18 & 19 V. c. 120.

VIII. ASSESSMENT OF THE POOR RATE.

The poor rate is a charge imposed by the 43 Eliz. c. 2, for the relief and maintenance of the poor; and in general every description of property lying within the parish, whether real or personal, which has an occupier, and from which a yearly profit arises, is rateable. The power of making the rate belongs to the church wardens and Overseers, or the major part of them; and, though it is more conciliatory, it is not necessary for this purpose that they should have the concurrence of the inhabitants, either in vestry or otherwise.

A farmer is not rateable for his stock, though a tradesman is for his stock in trade, if its value can be ascertained, 6 T. R. 154, But the inconvenience of rating stock in trade has caused the power to be suspended by annual statutes.