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, section 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 tha