I should be very sorry to be supposed to
give any opinion on a question which admits of so much argument on both
sides. But I do very strongly deprecate any litigation on the matter.
It is a very doubtful point, and he who takes the question into a Court
of Law must at any rate be prepared to have to back up his opinion with a
well-filled purse. The final paragraph of Section 17, Sub-section 8,
almost seems as if the draughtsman of the act expected questions to arise
under it. It runs thus:--"The Incumbent and Churchwardens on the one
part, and the Parish Council on the other, shall have reasonable access
to all such books documents, writings, and papers, as are referred to in
this Sub-section, and any differences as to custody or access shall be
determined by the County Council." Is it not just a case in which, if
there is no cause for complaint, and no reasonable access refused, these
documents should remain in their existing custody (usually that of the
Incumbent), and that if differences arise, an amicable appeal should be
made to the County Council, and the decision of that body acquiesced in
by both parties?

This is evidently the opinion of the President of the Board of
Agriculture (Mr. Chaplin), who on February 8th, 1897, in the House of
Commons, replied as follows to a question on this subject:--

I am aware that questions have arisen with regard to the custody of
documents under Sub-section 8 of Section 17 of the Local Government
Act, 1894. The Act contemplated that this would be the case, and has
provided that any questions as to such custody shall be determined by
the County Council. The Local Government Board have no jurisdiction
to determine questions as regards the Tithe Map, and it has been
their practice to inform Parish Councils to this effect. I am
advised that Tithe Maps are under the Tithe Commutation Act, 1886, to
be kept "with the public books, writings, and papers of the parish,"
and the Sub-section to which I have referred requires therefore that
they shall either remain in their existing custody or be deposited in
such custody as the Parish Council may direct.

It may be well to mention here that when there is in a rural parish an
existing Vestry Clerk appointed under the Trustees Act, 1850, he shall
become the Clerk of the Parish Council, holding office by the same tenure
as before, and while performing the duties shall not receive less s