Church

Rates where made in open Vestry be

District thereof), all such Power shall be exercised by such Vestry or
Meeting in like Manner as if the said Act had not been passed, save
that the Persons who shall be entitled to vote in or at such Vestry
or Meeting in such Election or Appointment shall be such Persons
as would be qualified (in respect of Rating and Payment of Rates 5
in the Parish or Division of a Parish for which such Vestry or
Meeting is holden) to vote in such Election or Appointment if the
same were an Election of Vestrymen under the said Act, and such
Persons shall vote and the Votes shall be taken and ascertained in
like Manner as in the Case of such Election of Vestrymen: Provided 10
always, that the Churchwardens and Overseers actually executing
the Office of Churchwarden or Overseer at the Time when this Act
comes into operation shall be deemed to have been duly constituted
such Churchwardens or Overseers.

II. Where at the Time of the passing of the said Act the Power 15 of making Church Rates in any Parish was vested in any such open Vestry or Meeting as aforesaid, such Power shall not be deemed fore passing to have become vested in the Vestry constituted in such Parish under the said Act, but shall be exercised as if the said Act had not been

of 18 & 19

Vict. c. 120. to continue

to be so made.

18 & 19 Vict.

c. 120. not

to affect

Districts.

passed.

20

III. Nothing in the said Act or this Act shall affect or be deemed to have affected any Power of electing or appointing Churchwardens Ecclesiastical or making Church Rates, or other Power which, at the Time of the passing of the said Act, was vested in any such open Vestry or Meeting as aforesaid, or any elected or other Vestry, where such Vestry 25 or Meeting acts exclusively for any District (by whatever Denomination distinguished) created for Ecclesiastical Purposes only.

Other

Powers of

Vestries and

declared to

have been transferred to Vestries under said Act.

IV. Save as herein-before otherwise provided, all the Duties, Powers, and Privileges (including such as relate to the Affairs of like Meetings the Church, or the Management or Relief of the Poor, or the Admi- 30 nistration of any Money or other Property applicable to the Relief of the Poor,) which might have been performed or exercised by any such Vestry or Meeting as aforesaid in any Parish, under any Local Act or otherwise, at the Time of the passing of the said Act of the last Session, shall be deemed to have become transferred to and vested in the Vestry constituted by such Act; except so far as any such Duties, Powers, or Privileges may in the Case of a Parish included in any District mentioned in Schedule (B.) to the said Act be vested by Section Ninety thereof in the Board of Works of such District: Provided that all Duties and Powers relating to the Affairs of the Church, 40 or the Management or Relief of the Poor, or the Administration of any Money or other Property applicable to the Relief of the Poor, which

Saving of Powers transferred to District Boards.

as

35

at the Time of the passing of the said Act were vested in or might be exercised by any Commissioners, or any Body other than the then existing Vestry, or any Meeting as herein-before mentioned, shall continue vested in and be exercised by such Commissioners or other 5 Body as aforesaid.

to be rated.

V. It shall be lawful for any Person occupying any Tenement Occupiers within any Parish to claim to be rated to the Relief of the may claim Poor in respect thereof in the Rate for the Time being, and in all Rates to be thereafter made in respect of such Tenement, whether 10 the Landlord be or be not liable to be rated to the Relief of the Poor in respect thereof; and upon such Occupier so claiming, by Notice in Writing left at the Office or Place of Residence of the Overseers of the Poor of the Parish, or One of them, and actually paying or tendering at such Office or Place of Residence the full 15 Amount of the last made Rate then payable in respect of such Premises, such Overseers are hereby required to put the Name of such Occupier on the Rate for the Time being, and also, without further Claim, to put his Name upon every subsequent Rate made during the Time such Occupier continues in the Occupation of the same Pre20 mises; and in case the said Overseers neglect or refuse so to do, such Occupier shall nevertheless, for the Purposes of the said Act, be deemed to have been rated to the said Rate in respect of such Premises from the Period at which the Rate for the Time being in respect of which he so claimed to be rated as aforesaid was made, and thence25 forth so long as he continues in the Occupation of the same Premises : Provided always, that every Person so claiming as aforesaid shall in respect of every Rate for the Relief of the Poor made after such Claim as aforesaid, while he continues to occupy the same Premises, be liable to the same Extent and in the same Manner as if his 30 Name had been put on such Rate.

turbed, and

to be affected.

VI. Provided also, That in Cases where, by any Composition with Compositions the Landlord, a less Sum is payable than the full Amount of Rate not to be diswhich, except for such Composition, would be due in respect of the Landlord's same Premises, the Occupier claiming to be rated shall not be bound Liability not 35 to pay or tender more than the Amount then payable under such Composition: Provided also, that where, by virtue of any Act of Parliament, the Landlord is liable to the Payment of the Rate for the Relief of the Poor in respect of any Premises occupied by his Tenant, nothing herein contained shall be deemed to vary or discharge the 40 Liability of such Landlord; but in case the Tenant who has been rated for such Premises in consequence of any such Claim as aforesaid make default in the Payment of the Rate for the Relief of the Poor payable in respect thereof, such Landlord shall be and remain liable

Right of Occupier so claiming to vote in Elections.

Rental to be determined by Column headed "Gross estimated

Rental."

Acts to be read together.

for the Payment thereof, in the same Manner as if he alone had been rated in respect of the Premises so occupied by his Tenant.

VII. Any Occupier who under this Act is rated or deemed to be rated to the Relief of the Poor in any Parish, and has been so rated or deemed to be rated for One Year next before any Election 5 of Vestrymen, Auditors, or Churchwardens under the said Act or this Act, shall be entitled to vote in such Election, and be deemed a Ratepayer of such Parish, and be entitled to act as such, provided all Parochial Rates, Taxes, and Assessments due in respect of the same Premises at the Time of his so voting or acting, except such as have 10 been made or become due within Six Months immediately preceding such voting or acting, have been paid.

VIII. And whereas by the Act of the Session holden in the Sixth and Seventh Years of King William, Chapter Ninety-six, "to regulate Parochial Assessments," it is required that every Rate for 15 the Relief of the Poor shall, in addition to any other Particular which the Form of making out such Rate shall require to be set forth, contain an Account of every Particular set forth at the Head of the respective Columns in the Form given in the Schedule to that Act annexed, so far as the same can be ascertained, 20 and in the Form in the said Schedule are Two Columns headed respectively "Gross estimated Rental" and "Rateable Value:" And whereas by the said Act of the last Session it is required that in order to qualify a Person to be elected a Vestryman or Auditor he should be rated to the Relief of the Poor upon a Rental of such 25 Amount as therein mentioned: And whereas Doubts are entertained which of the Amounts specified in the said Two Columns is to be deemed the "Rental" for the Purposes of the last-mentioned Act:

The Amount specified in the said Column headed "Gross estimated Rental" shall be deemed the "Rental" for the Purposes 30 of the last-mentioned Act.

IX. The said Act of the last Session and this Act shall be construed together as One Act.