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which two parishes were placed in Schedule B to the Act, and
were united into a District for the purposes of that Act. The
two parishes occupied this status until 25th March 1888, up to
which date the provisions of the Local Act, as already quoted,
were observed.
4. On 26th March, 1888, the Act 50 and 51 Vict., cap 17
(hereinafter called "the Amendment Act "), came into force. By
Sec. 12 of this Act it was provided that the Act of 1855 should
"be read and have effect as if the parishes of St. Margaret and St.
"John, Westminster, had been named in Part II. of Schedule A
"of the said Act, and were to be considered as one parish
"and the Vestries of the said parishes shall from that date become
"and be a body corporate by the name of the United Vestry of
the "parishes of St. Margaret and St. John the Evangelist, Westminister."
Section 2 of the Amendment Act incorporates the
Act of 1855 as amended by any subsequent Act.
5. Among the Acts amending the Act of 1855 was the Act 19
and 20 Vict., cap. 112, which in Sec. 3 enacts that "all the duties,
"powers and privileges (including such as relate to the affairs of
the Church or the administration of money or other
"property applicable to the relief of the poor) which might have
"been performed or exercised by any open elected or other
"Vestry under any Local Act or otherwise . . . shall be
"deemed to have become transferred to and vested in the Vestry
"constituted by the said Act of the last Session." It is submitted
that the duties and powers so transferred comprise those in the
Local Act above quoted, including the appointment of a Treasurer.
The Churchwardens and Overseers, in so far as the poor rate is
concerned, are in no way an independent body, and have no
separate power or jurisdiction. The Churchwardens are by
Sec. 2 of the Act of 1855 made ex-officio members of the Vestry,
and the Overseers have been for more than thirty years nominated
by the Vestry from among their own members. If they were
not appointed from among the Vestrymen they would be unable
to vote in the Vestry at which the rates were made. The facts
therefore appear to be identical with those in Vaughan v. Imray
(28 L. J. M. C., 28), where, by a Local Act, the Hector, Churchwardens,
and others were constituted the Vestrymen of the
parish, and were empowered to make poor rates; and it was held
that the power of making poor rates possessed by the old Vestry