above £30, the remedy is by action against the high constable of the 7 & 8 Geo. 4, hundred (ss. 2, 3; and see 2 Will. 4, c. 39, s. 13); but still oath must c. 31. be made before a justice within seven days of the offence committed. JURORS. Qualification.] Every man between the ages of 21 and 60, residing in 6 Geo. 4, c. 50. any county in England, who shall have in his own name, or in trust for him, within the same county, £10 by the year above reprises in lands or tenements, whether of freehold, copyhold or customary tenure, or of ancient demesne, or in rents issuing out of any such lands or tenements, or in such lands, tenements and rents, taken together, in fee-simple, fee-tail, or for the life of himself or some other person; or who shall have within the same county £20 above reprises in lands or tenements, held by lease for an absolute term of 21 years or more, or for any term of years determinable on any life or lives; or who, being a householder, shall be rated or assessed to the poor rate, in Middlesex, on a value not less than £30, or in any other county on a value not less than £20; or who shall occupy a house containing not less than 15 windows (s. 1). Burgesses in boroughs with a separate quarter sessions are qualified to serve on grand juries in such boroughs (5 & 6 Will. 4, c. 76, s. 121), but are exempt from serving on juries at the sessions of the county (s. 122). Exemptions.] Peers, judges, clergymen in holy orders, priests of the Romish church, dissenting ministers, whose place of meeting is certified, who follow no secular occupation except that of a schoolmaster, and who produce a certificate of having taken the oaths and subscribed the declaration required by law, serjeants and barristers at law, doctors of law and advocates of the civil law, attornies, solicitors and proctors, officers of the law courts, coroners and gaolers, physicians, surgeons and apothecaries, officers in the army or navy on full pay, pilots, king's household servants, officers of customs and excise, sheriffs' officers, high constables and parish clerks (6 Geo. 4, c. 50, s. 2). No justice of the peace to serve as a juror at the sessions for the jurisdiction of which he is a justice (s. 48). Disqualifications.] Aliens, persons attainted of treason or felony, convicts (except freely pardoned), outlaws, or persons excommunicated (s. 3). Allowance of Lists of] Within the last seven days of September in every year justices in every division to hold a special petty sessions for reviewing and allowing the list of men qualified and liable to serve on juries within the several parishes and townships. Clerk to justices to give notice, before the 20th August preceding, to high constable and to the churchwardens and overseers of every parish, and to the overseers of every township within such division (s. 10). Churchwardens and overseers to attend special petty sessions and produce list, and answer questions upon oath, &c. (s. 45). Vide forms Nos. 1-4, p. 382 of "Formulist." High constable to attend special petty sessions and receive allowed lists (ss. 10, 44). 43 Eliz. c. 2, ss. 1, 8; 54 Geo. 3, c.91. POOR. Appointment of Overseers.] By two or more justices [on 25th March in every year, or within fourteen days thereafter (54 Geo. 3, c. 91)]; but these words being directory only, an appointment after the fourteen days is good (Reg. v. Justices of Staffordshire, 19 Law J. M. C. 166). List of men returned by vestry; non-residents may with their consent be appointed (59 Geo. 3, c. 12, s. 6). There must be two at least and not more than four appointed for every parish, &c., exclusive of the churchwardens (43 Eliz. c. 2, s. 1; see Reg. v. All Saints, Derby, 13 East, 143). For exemptions from serving the office, see 3 Arch. J. P. 4th edit. pp. 18, 19; and Arch. Parish Law, p. 180. In Reg. v. Preston (3 Bit. & Car. New Mag. Cas. 77; 18 Law J. M. C. 10), it was held that the mayor of a borough had the sole power of appointing overseers; in consequence, a statute, 12 Vict. c. 8, was passed on March 22, 1849, by s. 1 of which it is enacted, "that in every city, town corporate or borough, the justices of the peace who have jurisdiction therein [whether they be justices of the city or borough, or of the county in which the same is situate, 15 & 16 Vict. c. 38] shall have the exclusive right of appointing the overseers of the poor of the several parishes, townships or other places separately maintaining their own poor, or of any parts thereof, within the said cities, towns corporate and boroughs respectively, in like manner and with the same effect as the justices of any county now have in respect of the overseers of the poor of any parish within such county, and they are hereby required from time to time to make such appointments accordingly." By the 12 & 13 Vict. c. 103, s. 6, no person is qualified to be appointed, who at the time of the proposed appointment is engaged, or directly or indirectly concerned, in any contract for the supply of goods, &c. for the workhouse, or relief of the poor; nor can a master of a workhouse or relieving officer be appointed (13 & 14 Vict. c. 101, s. 6). A duplicate of the appointment should be served on each of the persons appointed. The office continues for a year only, whether others are appointed at the expiration of the year or not (4 Burn's Jus. 28th ed., pp. 24—28). If any overseer shall die, or remove from the parish, or become insolvent before the expiration of his office, on oath thereof made, two justices may appoint another in his stead, to continue until new overseers are appointed (17 Geo. 2, c. 38, s. 3). Forms of Precept, Appointments, &c., Nos. 1—6, pp. 382-384 of " Formulist." The appointment may be appealed against by the person appointed or by any parishioner (43 Eliz. c. 2, s. 6; R. v. Forrest, 3 T. R. 38; and see R. v. Justices of St. Albans, 3 B. & C. 698); or it may be removed into the Queen's Bench by certiorari (R. v. Standard Hill, 4 M. & S. 378); and until the appointment is quashed, the acts of overseers are valid (Penney v. Slade, 5 Bing. N C. 319). After appointing the overseers, the justices are functi officio, and cannot alter their appointment (R. v. Great Marlow, 2 East, 244). Accounts.] Justice's power to audit accounts, under the 50 Geo. 3, 50 Geo. 3, c. 44, ss. 1, 9, is taken away in parishes in unions where a district auditor c. 44. appointed under 7 & 8 Vict. c. 101 (ss. 32, 33, 37, 38); but in other parishes they may still do so annually at a special sessions, to be held within fourteen days after the appointment of overseers. (Form of Allowance, No. 8, p. 384 of "Formulist"). Recovery of Union Contributions.] If in arrear, chairman or acting 2 & 3 Vict. chairman of board of guardians [or an officer of the guardians duly au- c. 84. thorized by the board, 5 & 6 Vict. c. 57, s. 17, see Note 172, ante, pp. 273, 274, to make application in writing to two (a) justices acting within the district wherein parish in arrear is situate (b), and justices to summon overseers or other officers to show cause, at a special sessions to be summoned for the purpose, why such contribution has not been paid. After hearing complaint, justices may issue distress warrant for amount and costs occasioned, to be levied and recovered from the said overseers, or other officers, or any of them, in like manner as monies assessed for the relief of the poor may be levied and recovered (s. 1) [i. e. under 12 Vict. c. 14, tit. "Rates," post]. By 12 & 13 Vict. c. 103, s. 7, where the order is served upon one of the overseers or other officers "it shall be lawful for the guardians to enforce such order against the person so served as fully and effectually as if a copy thereof had been also served upon every one of such overseers or other officers." The proofs required before the justices should be as follow (see 15 J. P. 522, 570), when not admitted by the defendant : : 1. The order or authority to the officer of the guardians (if not the 2. The application and complaint before, and the summons to the 3. Service of summons on overseer, or at residence (12 Vict. c. 14, 4. Poor Law Commissioners' order, under 4 & 5 Will. 4, c. 76, s. 26, (a) The present case is not within the operation of Jervis's Act, c. 43 (vide ante, p. 45), so as to admit of one justice receiving the complaint (15 J. P. 263). (b) By s. 9 of 14 & 15 Vict. c. 105, in cases where the treasurer of the union resides or has his place of business in a county, district or place different from that in which the defaulting overseer resides, justices of either county, &c. shall have jurisdiction to hear and determine the complaint. This section does not authorize a justice of two or more adjoining counties, &c. to act out of that in which the defaulting parish is situate, and sect. 5 of 11 & 12 Vict. c. 42, ante, p. 9, does not apply, and cannot therefore assist the case (see 15 J. P. 587). 6 & 7 Will. 4, c. 96. uniting the several parishes into the union. [Production sufficient proof that it was duly made and is in force (7 & 8 Vict. c. 101, s. 71); and not necessary to prove sending, unless reasonable notice in writing be given to the guardians requiring such proof, and then only of the sending to the clerk to the guardians of the union (Id. s. 72). See Newbould v. Coltman, 20 Law J. M. C. 149; 15 J. P. 372.] 5. The meeting of the guardians at which the resolution or minute of order for contribution on the parish in arrear was made. [Production of a copy of the resolution or minute, signed, &c. as in proof 1, sufficient.] 6. The order to the overseers to pay the contribution to the treasurer, signed by the presiding chairman of the meeting and two other guardians present, and countersigned by the clerk (Commissioners' Gen. Cons. Order of 24th July, 1847, Art. 82, 83). [Production sufficient.] 7. The appointment of the defaulting overseer. [The formal appointment by two justices having jurisdiction to do so, and proof of notice thereof to overseer,―or, proof of his having acted in that capacity (R. v. Verelst, 3 Camp. 342; Butler v. Ford, 1 C. & M. 662).] 8. Service of a copy or duplicate of the contribution order on the overseer summoned (12 & 13 Vict. c. 103, s. 7) personally. [By the above order of the commissioners, Art. 202, No. 10, it is the duty of the clerk to serve it.] 9. The nonpayment of the amount claimed. [By the treasurer, or other competent person.] Vide Forms of Application, Summons, Distress Warrant, &c. Nos. 9 -12, pp. 385, 386 of "Formulist." Appeal against Parochial Rates.] By this statute, after laying down the principle of rating and rules for the guidance of parish officers in making the rates, it is enacted by s. 6 that the justices acting in and for every petty sessions division [which now includes a borough, see 12 Vict. c. 18, s. 1, ante, p. 25; and 13 & 14 Vict. c. 91, s. 9, as to jurisdiction of borough justices,] shall, four times at least in every year, hold a special session for hearing appeals against the rates (a) of the several parishes within their respective divisions, and shall cause public notice (b) of the (a) The Poor Law Commissioners in their " Report on Local Taxation" (1843) pp. 85, 86, state that the stat. 6 & 7 Will. 4, c. 96 applies to all rates made for parishes and districts, and before the subject of appeal to quarter sessions; i. e. the highway rate, the lighting and watching rate, and the militia rate, as well as to the poor's rate (see Article, 14 J. P. 49). These special sessions are usually appointed on the day of appointing overseers. (b) The course which the writer pursues in his division is for the justices to issue a precept to the parish constables requiring them to sign these notices and affix them to the church door (vide Forms, Nos. 13-16, pp. 387, 388 of Formulist.") The fees for the justice's clerk for this duty is allowed to be a time and place when and where such special sessions will be holden, to be 6 & 7 Will. 4, affixed to or near to the door of the parish church of the said parishes c. 96. twenty-eight days at the least before the holding of the same: and such special sessions shall and may be adjourned from time to time by the justices there present as they may think fit, and at such special or adjourned sessions the justices there present (c) shall hear and determine all objections to any such rate on the ground of inequality, unfairness or incorrectness in the valuation of any hereditaments included therein. Costs may be awarded to either of the parties, but the justices cannot inquire into the liability of any party to be rated; nor can they inquire into any such objection to the rate, unless notice of such objection in writing, under the hand of the complainant, shall have been given seven days at least before the special sessions [i. e. the next practicable sessions (Reg. v. Justices of Lancashire, 19 Law J. M. C. 199; 14 Jur. 552; 4 N. S. C. 130; Reg. v. Hammond, 4 N. S. C. 316; Reg. v. Trafford, 15 Q. B. 200), after the publication, and not the demand (see R. v. Micklefield, 1 Bott, 279; R. v. Atkins, 4 T. R. 12; R. v. Coode, 1 Bott, 276], 66 to the collector, overseers or other persons by whom such rate was made" (6 & 7 Will. 4, c. 96, s. 6); but it is not necessary to give notice, as required by 41 Geo. 3, c. 23, s. 6, to those parties also who may be stated in the grounds to be underrated or omitted to be rated (Lumley on Parochial Assessments, 2nd ed. p. 96). The words "at least" signify clear days, that is, including both the day of giving the notice and that of its expiration (see Reg. v. Justices of Shropshire, 8 A. & E. 179; S. C. 1 Lum. P. L. C. 296; and Reg. v. Justices of Middlesex, 2 N. S. C. 73). Service on one of the overseers is sufficient (Reg. v. Justices of Devon, 3 N. S. C. 96). The justices, if notice of appeal be given, have all the powers of amending or quashing the rate, and of awarding and recovering costs, as the court of quarter sessions has upon appeals from any such rate (s. 7) (d). If the proper notices have not been given, or not given in time, the justices in special sessions, like the quarter sessions, have no jurisdiction to hear the appeal (Reg. v. Justices of Cambridgeshire, Id.; R. v. Brooke, 9 B. & C. 915; 15 J. P. 682); but the party aggrieved has an option as to whether he will resort to the quarter sessions or special sessions. The order of procedure at the special sessions will be the same as at the quarter sessions, i. e. the appellant begins. A set of rules should be framed by the charge on the poor rate by 13 & 14 Vict. c. 101, s. 7, and to the constable they may be ordered under 5 & 6 Vict. c. 109, s. 17, and 13 & 14 Vict. c. 20, s. 2. (c) Justices who are rated inhabitants of the parish should not interfere (16 Geo. 2, c. 18, s. 3; 12 J. P. 783; Reg v. Justices of Suffolk, 21 Law J. M. C. 169; 16 J. P. 296, 379; 4 New Mag. Cas. 122). (d) The powers of the quarter sessions in this respect are conferred by the statutes 43 Eliz. c. 2, s. 6; 17 Geo. 2, c. 38, s. 6; 41 Geo. 3, c. 46, ss. 1, 3, 6, 7, 8. Quære, Are these costs recoverable under Jervis's Act, 11 & 12 Vict. c. 43, s. 27, ante, p. 124, by virtue of the 12 & 13 Vict. c. 45, s. 5 (vide Foot's ed. of Gen. Quart. Sess. Procedure Act, p. 19, note), or under the 18th section of the latter statute? (See Reg. v. Delafosse, 15 J. P. 353). |