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29
APPENDIX No. 3.
Copy Opinion of Mr. Mellish, Q.C., upon case submitted by order of the Vestry of
Rotherhithe, January, 1868.
QUESTION.
1. Whether those gentlemen who have been
elected Vestrymen and whose qualification is now
under £25 rating, can still act as Vestrymen up to
the end of the term of their election ?
ANSWER.
1. I am of opinion that those gentlemen who
have been elected Vestrymen and whose qualification
is now under £25 rating, cannot still act up
to the end of the term of their election.
2. Whether, if such gentlemen cannot act as
Vestrymen, they are still Vestrymen de jacto, and
consequently no further election can be made untill
the expiration of their term of office, should
they not resign or die?
2. I am of opinion that such gentlemen hare
ceased to be Vestrymen. It is true that under section
54 the becoming disqualified is not stated as
one of the grounds of ceasing to be a Vestryman;
but 1 think it would be held that under section 6
a person who ceases to be rated to the proper
amount ceases to be a Vestryman The section
says, that the Vestry shall consist of persons
rated to the specified amount, which seems to me
equivalent to saying that other persons cannot be
or remain members of the Vestry.
8. Whether any gentleman who was a Vestryman
previous to the month of October, 1867, but
who, in consequence of the taking away of the
compounded ratings, then ceased to be rated at a
sufficient amount (£25), but who upon the supplemental
rate made January, 1868, has now acquired
a rating of £25, is in consequence eligible
to come back and retake his seat at the Vestry.
3. I am of opinion, for the reasons already stated,
that the persons referred to in the question cannot
come buck and retake their seats unless they
arc re-elected.
4. Can the Vestry apply to the Metropolitan
Board of Works to have the Parish divided into
Wards under the 41st sec. of 25 and 26 Vic., c.
102, and if so, are they bound to do this ?
4. 1 am of opinion that if the Parish did not
contain more than 2000 rated householders at the
time of the census of 1861, no application to divide
the Parish into Wards can be made until the next
census. I think the parish is clearly not bound to
make the application.
5. If not can the Inhabitants elect 36 more
Members under the second section of 18 and 19
Vic., c. 120, and if so, are they buund to do this?
and when should the election take place? See sec.
7, 10, 20.
5. I am of opinion that there is no power in the
inhabitants to elect 36 more members under the
2nd section of the 1 *tli and 19th Vic c. 120. I
think that section only refers to the number originally
to be elected, and 1 cannot find any section
which gires a power to increase the original number.
I