No. III. 3 & 4 W. 4, c. 90. Such repeal not to affect the proceedings under that act previous to the passing of this act. Majesty king George the fourth shall be and the same is hereby repealed. II. Provided always, That nothing herein contained shall extend ar be deemed or construed to interfere with any rates made, acts done, or contracts or agreements heretofore made under the authority of the said recited act previous to the repeal of the said act, or to prevent or defeat any prosecution commenced or to be brought for any offence against the said act; but all rates made, and penalties and forfeitures incurred, may be raised, levied, sued for, and recovered, and all contracts and agreements may be enforced, and all nuisances and other offences made ar committed previously to the repeal of the said recited act against the provisions of the said act may be abated or prosecuted by the inspectors appointed under the said recited act or this act, in the same manner to all intents and purposes as if this act had not been passed. Inspectors III. Provided always, That the inspectors appointed under the anunder former thority of the said recited act shall continue to act, and shall have the act to continue same powers, authorities, and be subject to the discharge of the same to act until duties as the inspectors to be appointed under the authority of this act. others apIV. And whereas it is desirable to make provision for the lighting and pointed watching of the several parishes in England and Wales; be it enacted, Act applicable That this act and the several provisions thereof shall apply to and may to all parishes. be adopted, under and subject to the regulations herein contained, by all or any or either of the parishes in England and Wales. churchwardens to convene a the provisions of this act shall be adopted. On application V. That from and after the passing of this act upon the application of three rated in writing of three or more of the rate-payers of any parish, it shall be inhabitants, lawful for the churchwardens thereof, and they are hereby required, within ten days after the receipt of such application as aforesaid, to meeting in appoint and notify a time and place for a public meeting of the ratevestry to deter- payers of the said parish for the purpose of determining whether the mine whether provisions in this act contained shall be adopted and carried into execntion in the said parish: Provided always, That the time appointed for holding the said meeting shall not be less than ten days and not more than twenty-one days from the time of the said application so being delivered to them as aforesaid, and that notification of the time and place of meeting shall be made by forthwith affixing a notice on the principal outer door of every parish church or chapel situate within such parish, or on the usual place of affixing notices relating to the parochial affairs of any such parish, and also by publication of the same in the parish church or chapel, on the Sunday previous to the day appointed for holding such meeting, during or immediately after Divine service. elected, who shall determine any controversies. Chairman to be VI. That such person as may be elected by the rate-payers present shall preside as chairman at such meetings; and that if any controversy shall arise at any such meeting as to the qualification or right of voting or eligibility of any person claiming to vote, or as to the qualification or eligibility of any candidate, such controversy shall be determined by the chairman presiding at such meeting. Chairman to read requisition and require persons to determine whether act shall be adopted. If meeting determine to proceed, the provisions of this act shall thenceforth take effect. VII. That the chairman who shall preside at any meeting assembled as herein directed shall read or cause to be read the requisition whereupon the meeting shall have been summoned, and shall require the persons assembled thereat to determine by majority of votes, as herein mentioned, whether the provisions of this act, as herein set forth, shall or shall not be adopted and acted upon within such parish: Provided nevertheless, That it shall be lawful for the majority of the rate-payers present to adjourn such meeting from time to time. VIII. That if at any such meeting it shall be determined by a majority consisting of two thirds of the votes of the rate-payers present at such meeting that the provisions of this act shall be adopted, then and in such case such provisions shall from thenceforth take effect and come into operation in such parish; and it shall forthwith be determined that a certain number not being more than twelve nor less than three inspectors shall be elected to carry such purposes into effect; and the number of inspectors so determined upon shall be elected in manner herein mentioned. No. III. 3 & 4 W. 4, c. 90. IX. That the rate-payers of such parish shall at their first meeting, or at some adjournment thereof, and so on from time to time in every succeeding year at a meeting to be called for that purpose in manner Inhabitants to herein directed, fix and determine the total amount of money which fix amount of the inspectors shall have power to call for in any one year, in order to money to be carry into effect the provisions of this act, such sum to be raised in the raised. manner herein directed, upon the full and fair annual value of all property rateable for the relief of the poor within such parish, such full and fair annual value to be computed according to the last valuation for the time being acted upon in assessing the poor's rate for the said parish: Provided nevertheless, That any five rated inhabitants, qualified to vote Poll may be as herein mentioned, may, at such meeting or adjournment thereof, in demanded as to writing given to the chairman of the said meeting, demand a poll to be adoption of act. taken of the rate-payers qualified to vote upon the question as to whether this act and the provisions thereof, or any part thereof, shall be adopted in such parish, and also as to the amount of money to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, and which said demand of a poll the said chairman is required forthwith to deliver to the churchwardens of the said parish. wardens. X. That the said churchwardens of the said parish shall, on the first Notice of poll Sunday next after the receipt of such demand of a poll, affix or cause to to be given by be affixed a notice on the principal outer door of every parish church or churchchapel situate within such parish, or on the usual place of affixing notices relating to parochial affairs of any such parish, specifying some day, not earlier than ten days and not later than twenty-one days after such Sunday, and at what place or places within the said parish, the rate-payers are required to signify their votes for or against the adoption of this act, or such part thereof as may have been agreed upon at the said meeting, as well as with respect to the annual amount of money to be raised in the succeeding year for the purposes thereof, and the number of inspectors to be elected as determined at such meeting, which votes shall be received on two successive days, commencing at eight of the clock in the forenoon and ending at four of the clock in the afternoon of each day; and the said notice shall be to the following effect: THE churchwardens of this parish [insert the name of the parish] Form of notice. having received a demand for a poll, duly signed according to the ' provisions of an act of the fourth year of the reign of king William the next, and the following day, to signify to the said churchwardens, by ' a declaration, either printed or written, or partly printed or partly written, addressed and delivered to one of the churchwardens at [insert here the place], their votes for or against the adoption of the 'aforesaid act, or so much thereof as relates to watching or lighting [as the case may be], the amount of the money to be raised in the succeeding year for the purposes thereof, being [here insert the sum agreed on at the meeting], and the number of inspectors to be 'elected [insert the number also agreed on], such sum and such number of inspectors being fixed and determined upon at a meeting of the rate'payers called pursuant to the said act. (Signed) Churchwardens.' XI. That the said declaration shall be to the following effect: I 4. B. of parish of street [or place or house] in this vote [for or against, as the case may be,] Form of declaration. No. III. 3 & 4 W 4, c. 90. Church and declare whether two thirds of them act. the adoption of the act of the fourth year of the reign of his Majesty XII. That the said churchwardens shall carefully examine the votes wardens to exa- to them delivered as aforesaid, and shall compare them with the last mine the votes, rate made for the relief of the poor of the said parish, and shall be empowered to call before them and examine any parish officer touching the said votes, or any rate-payer so giving his vote, and after a full and fair are in favour of summing-up of the said votes shall, by public notice according to the adopting this form and manner hereafter prescribed, declare whether or not two thirds of the votes given have been given in favour of the adoption of the said act (or so much thereof as relates to watching or lighting, as in the notice), and also as to the sum of money to be raised in the succeeding year, and the number of inspectors to be elected to be (as in the notice): Provided always, That the whole number of persons voting shall be a clear majority of the rate-payers of the parish: Provided also, That in case of a poll being demanded as aforesaid the adoption or non-adoption of this act, with the sum to be raised, and the number of inspectors to be elected as aforesaid, shall be decided by such number of votes as aforesaid: Provided also, That the expences incurred by the churchwardens in calling such meeting, giving the notices as aforesaid, and in taking such poll, shall be paid out of the rate collected for the relief of the poor in the said parish. Rate-payers may inspect votes. No person to vote unless he has been rated one year. XIII. Provided always, That any of the rate-payers of the aforesaid parish, not exceeding five together, may inspect, at or in the vestry room or in some convenient place within the same parish, and they are hereby empowered to inspect, the votes so given for and against the adoption of this act, with the sum to be raised, and number of inspectors to be elected as aforesaid, at all seasonable times within one month after such notice shall have been given; and the churchwardens of the said parish are hereby required carefully to preserve the said votes, and freely to permit and allow the examination thereof by the aforesaid rate-payers of the said parish at all seasonable times within the period aforesaid, XIV. That no person shall be deemed a rate-payer, or be entitled to vote, or do any other act, matter, or thing as such, under the provisions of this act, unless he or she shall have been rated to the relief of the poor for the whole year immediately preceding his so voting or otherwise acting as such rate-payer, and shall have paid all the parochial rates, taxes, and assessments due from him or her at the time of so voting or acting, except such as have been made or become due within the six months immediately preceding such voting. Notice of adop- XV. That notice of the adoption of this act, (or any part thereof, spetion of this act. cifying it,) with the amount of the sum to be raised in the succeeding year, and the number of inspectors to be elected by any parish, shall be forthwith given by the churchwardens for the time being of the said parish by affixing a notice of the same to the principal door of every church and chapel within the said parish, or on the usual place of affixing notices relating to the parochial affairs of such parish; and in such case the provisions of this act shall from thenceforth take effect and come into operation in such parish: Provided always, that it shall be lawful for the inhabitants present at any meeting called in manner herein directed, at any time after the expiration of three years from the time when the provisions of this act shall have been adopted, to determine that the provisions of this act shall, from and after a day to be fixed upon at such meeting, cease to be acted upon; in which case, from and after such last-mentioned day, the provisions of this act shall no longer be in force in such parish: Provided nevertheless, that the provisions in this act contained shall remain and continue in force for the purpose of collecting Act may be abandoned. No. III. c. 90. and recovering any rate which may have been previously made; and if on the abandonment and ceasing to act upon the provisions of this act 3 & 4 W. 4, there shall be any balance in the hands of the said inspectors, after defraying the expences incurred in carrying into effect the provisions of this act, the said balance shall be paid over to the overseers of the poor of the said parish, to be applied in aid of the poor rates of the said parish. XVI. That in case any such meeting convened as aforesaid, or, in case If meeting deof a poll having been demanded as aforesaid, a majority of two thirds of termine against the votes as aforesaid, shall not have determined to adopt the provisions adopting this of this act, it shall not be lawful for the inhabitants to meet again in less act. than one year from the period at which such meeting shall have been so convened as aforesaid. XVII. That the inspectors herein mentioned shall be elected in man- Mode of electner following; (that is to say,) the churchwardens of any parish adopting ing inspectors. the provisions of this act shall, in the manner herein first directed, forthwith call a meeting of the rate-payers of such parish, and each candidate, being a person who shall reside within such parish, and who shall have been assessed or charged by the last rate made for the relief of the poor in respect of a dwelling house or other tenement or premises of the annual value, according to the said rate, of fifteen pounds or more, shall be eligible to be elected an inspector for the purposes of this act, and shall be proposed at the said meeting by some person duly qualified to vote thereat, and shall be seconded by some other person in like manner qualified; and if more candidates than the number of inspectors authorized to be elected shall be proposed, and a poll shall be demanded by any ten persons qualified to vote on behalf of any such candidates, then the chairman shall open and proceed with such poll, and in a book or books prepared for that purpose, which book or books the churchwardens are hereby required to cause to be prepared, shall enter or cause to be entered the name of all such candidates, and the name of every person duly qualified to be present and vote who shall desire to vote, together with his description and abode, and shall register the vote of every such person for every or any such candidate as every such person may respectively require; and if the votes of all the persons duly qualified and desirous to vote cannot be conveniently collected and registered by four of the clock of the same day upon which the poll shall have been commenced, then the chairman shall at that hour adjourn such poll to the day next succeeding, unless such day shall be a Sunday, Christmas Day, or Good Friday, and in that case to the day following, and then proceed to collect and register the votes of all persons duly qualified and applying to vote; provided nevertheless, that the poll shall finally close at four of the clock on the day to which it shall have been adjourned, or sooner, provided all persons duly qualified and desirous to vote shall have voted, and after the lapse of one hour without any person offering to vote; and as soon after the close of the poll as may be possible the result thereof shall be declared at the place where the election may have been holden, and certified by the chairman to the overseers of the poor; and the said churchwardens shall be reimbursed all such reasonable charges and expences as may be incurred in providing clerks and books, and othewise in the performance of the duties hereby required of them by the candidates at the said election for the said office: Provided nevertheless, that if the provisions of this act are adopted at the meeting first called for that purpose, the said inspectors may be appointed at the same time by the rate-payers of such parish then present, unless a poll should be demanded, and if such poll should be demanded it shall be proceeded with as herein directed XVIII. That in every parish adopting the provisions of this act the At the end of inspectors shall, within one month next after the expiration of twelve twelve months calendar months from the day of such adoption, give notice to the the inspectors churchwardens of the said parish that they are ready to produce their to give notice to accounts and vouchers for the previous year, and thereupon the said churchwardens churchwardens shall give due notice, in the manner required with that they are ready to produce their accounts, and churchwardens to call a meeting for that purpose. No. III. 3 & 4 W. 4, c. 90. Meetings in future years. Inspectors at respect to the first meeting to be held under this act, that a meeting of the rate-payers of the said parish will be held at an hour and place in the said notice to be mentioned, on some day, not being a Sunday, within ten days from the receipt of such notice, for the purpose of the said inspectors producing such accounts and vouchers, and for the election of inspectors for the execution of this act, and for determining the amount of the money to be raised for the purposes of this act, for the current year; and in every future year such meeting shall, for the purposes aforesaid, be held on the same day in the corresponding month, except such day should fall on a Sunday, and then on the day following. XIX. That at such annual meeting the said inspectors shall produce their accounts and vouchers of all monies received and paid by virtue of this act for the previous year; and a duplicate or copy of such accounts, verified on oath, before any two justices by the said inspectors or any third of them to two of them, shall be deposited with the said inspectors, and shall be open at all reasonable times to the inspection of all parties interested; and at such annual meeting one third of the inspectors, or as near thereto as the number appointed will admit of, shall go out of office in rotation; and in place of such inspectors so going out of office a like number of other inspectors shall be elected: provided always, that any of such outgoing inspectors shall be re-eligible, and may be re-elected, and shall in such case continue to act and remain in office, any thing herein contained to the contrary notwithstanding. such meeting to produce ac counts; one go out of office and others elected. XX. That the chairman appointed to preside at such annual meeting shall proceed in such manner as the chairman at the first meeting to be held under this act is hereinbefore directed to proceed at the election of the inspectors to be first appointed for the execution of this act, and shall decide on questions which may arise as to the eligibility or qualification of any person whatsoever, and as to all matters whatsoever connected with the said election, and shall declare the result of the same as aforesaid. XXI. That in case any inspector shall die, or become disqualified by change of residence or otherwise, or shall neglect to act, and in case of any casual vacancy happening in any manner whatever, so that the number of inspectors shall be reduced to less than three, notice shall be immediately given by the acting inspectors to the churchwardens of the parish, who shall forthwith, in the manner directed by this act, call a meeting of the rated inhabitants as aforesaid for the purpose of filling up such vacancy or vacancies. XXII. That the inspectors for executing this act in any parish shall meet on the first Monday in every month, at noon, at some convenient place or office previously publicly notified; and at such monthly meeting it shall be lawful for any inhabitant rated to the relief of the poor of any such parish to appear there, and prefer any matter of complaint which he may think proper to make concerning any matter or thing done by force or in pursuance of or under pretence of the provisions of this act. XXIII. That such inspectors shall meet at all other times and so often as at any previous meeting shall be determined upon; and it shall be at all times competent for any one inspector, when three inspectors only shall have been appointed, and in all other cases for any two inspectors, by writing under his or their hands, to summon, upon at least fortyeight hours' notice, the inspectors for any special purpose therein named, and for such time as shall be therein named; and that at all meetings of such inspectors any number not less than one third of the whole number when more than three inspectors shall have been appointed, and when only three inspectors shall have been appointed then not less than two inspectors, shall constitute a quorum for transacting business. XXIV. That it shall be lawful for the said inspectors elected in any parish under this act for the time being, and they are hereby authorized and required, to appoint, during pleasure, such treasurer and other officers, as they shall think necessary for effecting the purposes of this act, and to remove and displace the same, and to hire and rent a suffi ci |
