Page:Church courts and church rates.djvu/30

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public parish officers. I propose that, in all parishes with a population of less than 500 inhabitants, the civil duties of the churchwardens shall be transferred to the overseers, unless in any such parishes there happen to be any public charities of which the churchwardens are trustees by virtue of their office. In all parishes where any such charities exist, or where the population exceeds 500 inhabitants, I propose that a new officer be elected by the rate-payers, to be called the Parishwarden. Where the charities in question are essentially Church charities, they must continue in the hands of the Churchwardens; but, where (from the nature of their institution, the founder's intention, or the custom of the place), they are open charities, the trusteeship should devolve upon the Parishwarden and Overseers. Where they are of a mixed or doubtful nature, the Parishwarden and one of the Churchwardens might be created joint trustees. All these points might be left to the decision of the new Charity Commissioners (16 and 17 Vic. c. 137), who are empowered to revise all the charities in the kingdom.

Although the Poor-Law-Amendment Act (4 and 5 W. IV. c. 76), and the regulations of the Commissioners under that Act, have virtually deprived Churchwardens of a part of their civil functions, namely the joint care and maintenance of the poor, yet they still continue to be public Parish Officers, both at Common law and by Statute. At Com-