The consolidated and other orders of the Poor Law Commissioners and the Poor Law Board : together with the general orders relating to poor law accounts the statutes relating to the orders, audit of accounts, appeals, and the payment of parish debts with explanatory notes elucidating the orders and the decisions thereon tables of statutes, cases, and index / by William Cunningham Glen.

  • Glen, W. Cunningham (William Cunningham), 1814-1892
Date:
1859
Catalogue details

Licence: Public Domain Mark

Credit: The consolidated and other orders of the Poor Law Commissioners and the Poor Law Board : together with the general orders relating to poor law accounts the statutes relating to the orders, audit of accounts, appeals, and the payment of parish debts with explanatory notes elucidating the orders and the decisions thereon tables of statutes, cases, and index / by William Cunningham Glen. Source: Wellcome Collection.

    31/542 (page 19)
    by the Clerk (s). Provided always, that this regulation shall not extend to any resolution which immediately con- cerns the allowance of relief to any person, or the punish- ment of any pauper, or to any resolution which the Com- missioners may request the Guardians to re-consider or amend, or to any question of emergency (t). it is not necessaiy that the names of the Guardians who voted should be entered on the minutes. The Chairman, if he intends to vote on the question before the Board of Guardians, should give his vote immediately after he has counted the votes of the other Guardians, and before he declares the numbers voting on each side from the chair. If he then finds that the votes are equal, he should give a second or casting vote. If, however, he should declare the numbers voting before he gives any vote him- self, the Poor Law Board have stated that they think that in such case the Chairman’s votes are not entitled to count. (44 O. C. (k. S.) 184.) The following is a later decision of the Poor Law Board bear- ing on this point:—The Clerk of Croydon Union stated that a resolution was carried by six votes to five; but the Guardians doubted the correctness of this mode of stating the result of the voting, and wished to receive the opinion of the Poor Law Board. Before the Chairman’s vote was given, the number of votes for and against the motion was equal; and as the Chairman did not give a second vote, the Clerk considered that the Chair- man’s vote could not be properly called a casting vote. In reply, the Board stated that they thought the Clerk correct. In the present instance the vote given by the Chairman in his capacity of Guardian was a casting vote in the former of these senses, as it turned an equality of votes into a majority. (57 O. C. (n. s.) 84.) As to voting by ballot, see Faulkner v. Eiger, 4 B. & 0. 455. If a motion intended to be submitted to the Guardians be illegal in its nature if carried, or if an illegal amendment to a legal motion bo made, the Chairman is not bound to submit either to the vote. (3 O. 0. 38.) Further with regard to the votes of the Guardians, see noto to Article 155, post. (s) Thus if a notice to rescind a resolution be given at a meeting of the Guardians held on a Monday, the day for bring- ing the motion on for discussion will be the following Monday, as seven days’ notice means one day inclusive and the other exclusive. (See Reg. v. JJ. of West Riding, 4 B. & A. 685, and Reg. v. JJ. of Salop, 8 A. & E. 173.) Any other notices of motion need not be entered on the minutes by the Clerk, unless a special direction be given by the Guardians in that behalf. (See noto to Art. 155.) (t) In some Unions it is the practice of tho Clerk to send to