Curate does not necessarily take his place as Chairman, unless elected to do so by the Vestry.  The usual custom in parishes is for the Incumbent to nominate one Churchwarden and the parishioners the other.  Sometimes the parishioners elect both.  The canon [8c] indeed seems to point out the election of both Churchwardens by the joint consent of the Minister and the parishioners as the normal mode of action, and the nomination by the Incumbent of one and of the parishioners of another as only to be resorted to when they cannot arrive at a common agreement.  But

custom goes for a long way in this matter, and the usual course is certainly for the Incumbent to nominate one and the parishioners the other.  In the absence of the Incumbent the Curate has the same right to nominate one Churchwarden as the Incumbent if present would have. [9a]

In whatever manner the election may be carried out, the two Churchwardens subsequently stand on an absolute equality.  The Incumbent’s Churchwarden is not elected to look after the Incumbent’s interests only, nor the parishioners’ Churchwarden to look after the parishioners’ interests only.  The interests of both must be equally dear to the one and to the other.  Nor can they act except jointly.  The Vestry even is powerless to clothe one Churchwarden with authority to act against the will of his colleague in office. [9b]  Any election by the parishioners must take place in the usual manner.  Ratepayers present,

whether paying directly or indirectly (32 and 33 Vic., c. 41, § 19), have a right to vote, and if a poll is demanded it cannot be refused by the Chairman.  The votes must be taken in accordance with the provisions of the Vestry Acts, 58 Geo. III, cap. 69, sec. 2, 3, 4, and 59 Geo. III, cap. 85.  If the votes are equal the Chairman has by right a casting vote, in addition to whatever number of votes he may have as an individual ratepayer.  By 58 Geo. III, cap. 69, sec. 3, it is ordered that minutes of the proceedings shall be written out before the close of the Vestry, and after having been read be signed by the Chairman and any of the members present who may like to do so. [10a]

In some new parishes there are select Vestries, but by the 14 and 15 Vict., cap. 97, sec. 23, in parishes formed under any Church Building Acts before 1851 they are abolished, and it was enacted that after that date no select Vestry should be formed. [10b]

The Churchwardens thus duly appointed must make the following declaration before

the “ordinary, or other person” qualified to receive it:—

“We do solemnly and sincerely declare that we will faithfully and diligently perform the duties of the Office of Churchwardens, to the best of our skill and understanding, and that we will present such persons and things as to our knowledge are presentable by the Ecclesiastical Laws of this Realm.”

This declaration ought to be made at the visitation of the Bishop, Chancellor, or Archdeacon next ensuing upon the election.  Until this declaration is made the Churchwarden is not legally qualified to act, and could not enforce his authority as Churchwarden if objected to.  In case of the death of the Incumbent the parish would have no legal representative to act as the custodian of the temporalities of the Church in that particular parish.  The fee payable by law at visitations is eighteen shillings (30 and 31 Vict., cap. 135). [11]

If there is a dispute as to whether a Churchwarden is legally elected or not, it is sometimes supposed that it is the Archdeacon’s

business at his visitation to decide the question.  Of course Archdeacons are at all times ready, willing, and anxious to advise any persons who apply to them for advice to the best of their power.  But it is no part of their duty, nor are they by law authorised to decide a disputed return.  Their duty is simply that of returning officers to declare the election as certified to them by the Vestry.  A copy of the minutes of the Vestry, in case of a dispute, should be laid before them, and the aggrieved party can, if he wishes to do so, apply for a mandamus commanding the Rector and Churchwardens to convene a Vestry to make a fresh election.  It is for the court to grant or to refuse the application.  I hope I may not be understood as recommending this course.  I am merely stating what the law is. [12]  But all these matters should, if possible, be settled out of court.  Law-suits are apt to leave an unpleasant taste behind.  If such a case should unhappily arise it might be advisable for the

Archdeacon to suggest to the parties that they should agree to submit to his decision of the disputed question, and waive their right of appeal to a Court of Common Law.  If this were agreed to the case might be amicably settled at once without resource being had to any external litigation.

If a Churchwarden duly elected ceases in the course of the year to reside in the parish he does not ipso facto vacate the office, though it is a good reason for resignation and the appointment of another in his place. [13]

The Churchwardens being thus duly elected, and having made the legal declaration at the visitation, continue in office until their successors are elected, and have in their turn made the said declaration.

What, then, are their duties?

The Local Government Act, 1894, has in many ways affected them.

Churchwardens in rural parishes are no

longer ex-officio Overseers of the Poor. [14]  An additional number of Overseers may be appointed to replace the Churchwardens, and reference in any Act to the Churchwardens and Overseers, shall, as respects any rural parish (except so far as those references relate to the affairs of the Church), be construed as references to the Overseers, and the legal interest in all property vested either in the Overseer of a rural