in the said county," to be overseers of the poor of the said parish, I.Forms relating [township, or precinct,] together with the churchwardens thereof, for the present year, according to the directions of the statute, [or if a township, "the statutes,”] in that case made and provided. in the year of our Lord one thousand eight hundred and thirty-one. This appointment must be signed, sealed, and delivered, either on, or within fourteen days after, the twenty-fifth day of March; and it is usual to add, at the foot, a printed abstract of the duties of overseers, but this is unnecessary. [See Form 9.] County of Middlesex to wit. in the We, A. B. and C. D., two of his Majesty's justices of the peace in and for the county of (one whereof is of the quorum,) do hereby, upon the nomination and at the request of the inhabitants of the parish of in the said county, in vestry duly assembled, appoint E. F., being a substantial householder of and in the parish of said county, and G. H., duly assessed to the relief of the poor of the said parish, and being a householder resident in the parish of within two miles from the church of the said parish of and who hath consented to this appointment, to be overseers of the poor of the said parish of together with the churchwardens thereof for the present year, according to the statutes in that case made and provided. Given under our hands and seals this our Lord one thousand eight hundred and thirty-one. to wit. } day of We, whose hands and seals are hereunto set and affixed, being two of his Majesty's justices of the peace in and for the said (one whereof is of the quorum,) do hereby nominate and appoint E. F. and G. H., substantial householders of and within the parish of in the said county, to be overseers of the poor of the same parish for one year next ensuing the date hereof, or until other overseers shall be appointed in their stead (c), according to the direction of the statutes in that case made and provided, and have hereunto annexed instructions and directions for their well and faithful executing the said office. day of Given under our hands and seals this in the year of the reign of our sovereign lord William the Fourth, by the grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Faith, and in the year of our Lord one thousand eight hundred and A. B. (L. S.) You are forthwith to take upon you the execution of the said office; and for that purpose you, together with the churchwardens of your said parish, for the time being, under the penalty of forfeiting 20s. each, are to meet at least once in every month, in your parish church, upon the Sunday afternoon, to confer together, consider of, and take order for setting to work the children of all such within your said parish, whose parents shall not be thought able, by you, to keep and maintain them; and also for setting to work all such persons, married or unmarried, having no means to maintain themselves, and using no trade to get their living by; and also for the raising of a convenient stock of hemp, flax, wool, thread, iron, and other stuffs, for those purposes; and also for the providing of necessary relief for such persons as are lame, old, blind, poor, or unable to work, within your said parish, and for the placing out, as apprentices, such children as aforesaid. To which end you are to raise weekly, or otherwise, (by taxation of every inhabitant, parson, vicar, and other, and of every other occupier of houses, lands, tithes impropriate, propriations of tithes, coal mines, and saleable underwoods, within your parish,) such sums of money as shall be suffi stantial householders, Rex v. Weobly, 2 Stra. 1261, ante, 23. (a)The 59 Geo.III. c. 12, s. 6, declares that it shall suffice, to describe the person appointed by his name and residence, ante, 14, so that it is not absolutely to overseers, &c. 7. Appoint- 8. Appointment of overseers, with printed in structions, at foot, and therein referred to (b). 9. The instructions and directions for the overseers above referred to. 1.Forms relating cient for those purposes, and as shall be allowed of by any two justices of the peace of this county, dwelling in or near your said parish.-Stat. 43 Eliz. c. 2, and 13 & 14 Car. II. c. 12. to overseers, &c. You, with the churchwardens of your parish, may, by the assent of any two justices of the peace aforesaid, bind any such poor children as aforesaid, to be apprentices, if a man child, until he attain his age of one-and-twenty years; and if a woman child, until she attain her age of one-and-twenty years, or the time of her marriage: and if the persons, to whom they are bound, shall refuse to receive and provide for them, and to execute one part of the indentures, they are subject to a penalty of ten pounds to the poor of your parish: and you may, with the like consent, bind out boys who are chargeable, and of the age of nine years, apprentice to a chimney-sweeper, till he attain the age of sixteen years; but such chimney-sweeper must not have more than six apprentices.— 28 Geo. III. c. 48, s. 1 and 7; 56 Geo. III. c. 139. You, with the churchwardens of your parish, by leave of the lord of the manor, may build, on any waste or common within your parish, at the charges of the same, houses for dwelling for your poor, and may place therein inmates or other poor and impotent persons of your parish. (Stat. 49 Eliz. c. 2, and 8 & 9 W. III. c. 30, and 18 Geo. III. c. 47.) And, with the like consent, you may set up or use any trade, only for the setting on work and relief of your poor.— Stat. 3 Car. I. c. 5. And if any persons coming to settle in your parish shall become actually chargeable thereto, you may then, and not before, take them before two justices of the peace, to be examined and removed to the place of their last legal settlement; and in case they should be sick or ill, at such time, the justices may suspend the removal of them; and the parish officers must pay the expences occasioned by such suspension.-Stat. 35 Geo. III. c. 101. And if you refuse to receive any person that shall be removed from any other parish or place to your parish, by warrant under the hands and seals of two justices of the peace, you incur a penalty of five pounds. You are to take care that there be kept in your parish a book, wherein the names of persons of your parish who receive collection, pay, or relief, shall be registered, with the day and year when they were admitted, and the occasion which brought them under the necessity; and yearly in Easter week [or as often as shall be thought convenient], your parishioners shall meet in vestry, before whom the books shall be produced, and all persons receiving collection or relief, shall be called over, and the reason of their taking relief examined, and a new list made of such as they shall think fit to receive collection or relief; and no other person is to be allowed collection at the charge of your parish, but by order under the hand of some justice of the peace residing in or near the same, or by order of the justices in quarter sessions [except in cases of pestilential diseases, plague, or smallpox, and for such families only as are infected, AND ALSO UPON ANY SUDDEN AND EMERGENT OCCASIONS]; and if such justice shall order relief for any poor person as aforesaid, you are to enter into the said books such person's name, as one of those who is to receive collection, as long as the cause of such relief continues. And you are to pay no weekly or other payments, under pretence of extraordi. naries, to any poor person whatsoever, whose name is not registered as aforesaid, unless by such order, or except as aforesaid; or unless it is to any indus trious poor person or persons, at his [or their]homes or houses, under the circumstances of temporary illness or distress, or under an order of any of his Majesty's justices of the peace, as now, under these circumstances, they may be relieved st their own homes, by stat. 36 Geo. III. c. 23. And if you charge any monies as paid contrary hereto, you forfeit five pounds to the poor of the parish.—( Stat. 3 & 4 W. & M. c. 11, and 9 Geo. I. c. 7.) And in consequence thereof, you are not to bring to the account of your parish any money given to the soldiers or sailors, although they have proper passes or certificates [for these are to be relieved by the treasurers of the respective counties through which they pass by stat. 43 Eliz. c. 3], nor any monies given to any other persons travelling with passes or pretended passes, or to any persons begging for losses by fire, or any other pretence whatever, under the said penalty of five pounds. You, and the churchwardens of your parish, with the consent of your parishioners in vestry, may purchase or hire houses in your parish, and contract with persons for the lodging, maintaining, and employing all such of your poor as shall desire relief; and if any person shall refuse to be lodged in such house, he [or she] shall be put off the books, and not be entitled to relief. And with the consent of one justice of the peace, your parish may join with any adjacent parish in purchasing or hiring a house for the purposes aforesaid; and you may contract with the churchwardens and overseers of any other parish for the lodg- 1.Forms relating ing, maintaining, and employing any of your poor.-Stat. 9 Geo. 1. c. 7. Persons coming to inhabit in your parish, not having a lawful settlement there, who shall have been convicted of larceny, or any other felony, or be by law deemed a rogue, vagabond, idle or disorderly person, or who shall appear to any two justices to be a person of evil fame or a reputed thief, and every unmarried woman with child, shall be considered as actually chargeable; and not bringing with them any certificate of their being settled elsewhere, nor giving security for the discharge of your parish, you ought to make complaint thereof to some two justices of the peace of this county, in order to the examination and removal of such person to the place of his [or her] last legal settlement.Stat. 35 Geo. III. c. 101, s. 5, 6. You are to cause public notice to be given in the church of every rate for relief of the poor, allowed by the justices of the peace, on the next Sunday after the same shall be allowed; no such rate being sufficient to be collected unless such notice shall be given. And you are to permit every inhabitant of your parish to inspect every such rate at all seasonable times, and, on demand, to give them copies of the same, or any part thereof, they paying at the rate of sixpence for every twenty-four names, or otherwise you forfeit twenty pounds.—Stat. 17 Geo. II. You are also, within four days after the end of your year, and after other overseers are nominated, to yield unto such two next justices of the peace, as aforesaid, a just, true, and perfect account of all sums of money by you received, or rated and assessed and not received; and also of all goods, chattels, stock, and materials in your hands, or in the hands of any of the poor of your parish, in order to be wrought; and of all monies paid by you, and of all other things concerning the said office. And you are further required, within fourteen days after other overseers shall be nominated and appointed to succeed you, to deliver to such succeeding overseers one other such account as aforesaid, fairly entered into a book [or books] to be kept for that purpose, signed by you and the churchwardens; and also to pay and deliver over all such sums of money, goods, chattels, and other things, as shall be in your hands, unto such succeeding overseers; which account is to be verified upon oath [or by the affirmation of persons called Quakers], before one or more justices of the peace. And if you, or your said churchwardens, shall refuse or neglect to do as before required, every person so neglecting, or refusing, is liable to be committed to the common gaol. The said book [or books] to be from time to time carefully preserved by the churchwardens and overseers of the poor of your parish in some public or other places; and all persons assessed, or liable to be assessed, are to be permitted to inspect the same at all seasonable times, and to have copies thereof, paying for the same.-Stat. 43 Eliz. c. 2; 17 Geo. II., and 50 Geo. III. c. 49. The goods of any person assessed as aforesaid, and refusing to pay, may be levied by warrant of distress, not only in your parish, but in any other place in this county. And if sufficient distress cannot be found in your parish on oath made thereof before some justice of any other county or precinct where such goods are, (which oath is to be certified under the hand of such justice on the said warrant,) such goods may be levied in such other county or precinct, by virtue of such warrant and certificate.-Stat. 17 Geo. II. If any person shall refuse or neglect to pay any monies that they shall be legally rated or assessed to, for the relief of your poor, any succeeding overseers may and are required to levy such arrears, and therewith reimburse their predecessors. Stat. 17 Geo. II. All persons occupying houses, lands, or tenements, for only part of a year, are to pay their proportionable share of the sums charged thereon, although such persons were not originally rated; the proportion, if disputed, to be ascertained by two or more justices of the peace. Stat. 17 Geo. II. True and just copies of all rates and assessments, made for the relief of the poor of your parish, are to be written and entered into a book or books kept for that purpose, by you and the churchwardens of your parish, within fourteen days after all appeals from such rates are determined, and you and they are to attest the same, by putting your names thereto; which book or books are to be by you and the said churchwardens carefully preserved in some public or other place, whereto all persons assessed, or liable to be assessed, may freely resort, and are to be delivered over from time to time to all succeeding churchwardens and overseers, as soon as they enter on their offices; and this you and they are not to omit on pain of forfeiting a sum not exceeding five pounds nor less than twenty shillings. Stat. 17 Geo. II. to overseers, &c. 1.Forms relating to overseers, &c. 10. Form of nomination, by vestry, of an as sistant overseer, under 59 Geo. If any person shall give you notice of appeal against a rate, then you are not to collect more of him [or her] than the premises were assessed at in the last effective rate, until such be heard and determined. Stat. 41 G. III. c. 23, s. 2. You are also to repay the preceding churchwardens and overseers out of the monies to be collected by you by virtue of your office, all such sums of monies (iƒ any) as they may have advanced or expended for the relief or maintenance of the poor during the time any appeal has been depending, or the time that no rate or assessment has been made, in case the same shall be made to appear to be justly due to them.-Stat. 41 Geo. III. c. 23, s. 9. Parish officers are to verify their accounts before two or more justices, at a special session, within fourteen days specified by 43 Eliz. and 17 Geo. II. which justices may strike out and reduce charges in such accounts, noticing the same at the foot of each: and if within the above-mentioned time, overseers refuse to pay the balance of money to their successors, such successors may levy the same by distress warrant of two justices; if no distress, the offender to be committed til the same be paid. Parish officers may appeal to the next sessions, first paying the balance due, and entering into recognizances with sureties to try the appeal. -50 Geo. III. c. 49, s. 1, 2. And you are hereby also required, at some petty sessions or monthly meeting of his Majesty's justices of the peace of this to be holden for this on the twenty-fifth of March next ensuing the date hereof, or within fourteen days afterwards, to deliver in unto the said justices, for thei better information in appointing other overseers to succeed you, a list in writing of a competent number of the most efficient householders of your as shall be made choice of at some public meeting of your parishioners « inhabitants for that purpose.-54 Geo. III. c. 91. And you and the said churchwardens of your said are not to fail of your duties in the execution of the said office of overseer, as you will answer the same at your respective perils. By stat. 59 Geo. III. c. 12, s. 5, it is enacted, that every order to be made. after the first day of May, one thousand eight hundred and nineteen, for the relief of any poor person, by the churchwardens and overseers of the poor of any parish not having a select vestry, under the authority of this act, shall be mad by two or more justices, who shall, in making every such order, take into con sideration the character and conduct of the person applying for relief; provided that in every such order special cause of granting the relief thereby directed shall be expressly stated, and that no such order shall be given for or extend to any longer time than one month from the date thereof. Provided also, that i cases of emergency and urgent distress, it shall be lawful for one justice to order such relief as the case shall require, stating in his order the circumstances of the case; but no such last mentioned order shall entitle any person to claim relij by virtue thereof more than fourteen days from the date of the order, nor shal the same have any force or effect after the next petty sessions to be holden within the hundred or other division or district in which the parish to which the sam shall apply shall be situated. Suffolk, To His Majesty's Justices of the Peace acting in and for the said county We, the undersigned inhabitants of the parish of in the st county of Suffolk, in vestry assembled in the said parish, pursuant to legal noter 3, c. 12, s. 7(a). for that purpose given, do hereby declare that we have in pursuance of the power contained in the statute made and passed in the fifty-ninth year of the reign his late Majesty, king George the Third, intituled "An Act to amend the Lası for the Relief of the Poor," this day nominated and elected E. F., of in the said county a discreet person, in our opinion, to assistant overseer of the poor of the said parish, and did determine and specify that he should execute and perform the following duties relating to the office overseer, (that is to say,) [specify duties fixed by vestry.] And that we have fixed the yearly sum of yearly salary of the said as and for the for the execution of his said office, to be paid quarterly out of the money to be raised for the relief of the po (a) See this statute and notes, ante, 14 and 46. This requires a stamp when a salary is to be paid, ante, 15. of the said parish of Majesty's justices of the peace acting in to overseers, &c. And we do hereby require two of his 1.Forms relating and for the said county, duly to appoint poor of the said parish. Given under in the year of our Lord one thousand A. B. C. D. &c. Know all men by these presents, that we, A. B., of in the county of yeoman, and C. D., of the same place, yeoman, are jointly and severally held and firmly bound to G. H., and I. K., the churchwardens, and L. M. and N. O., the overseers of the poor of the said parish of in the sum of of good and lawful money of Great Britain, to be paid to the said churchwardens and overseers, and their successors for the time being, for which payment to be well and faithfully made we bind ourselves and each of us, our heirs, executors, and administrators, and each and every of them, and for ever by these presents sealed with our seals. Dated the in the year of the reign, &c. day of 11.Bond from as. sistant overseer, under the 59 Geo. 3, c. 12, s. 7, (ante, 14,) where he was appointed by a select vestry. Whereas in and by an Act of Parliament made and passed in the fifty-ninth Condition year of the reign of His late Majesty, George the Third, intituled “An Act to thereof. amend the Laws relating to the Poor," after giving certain powers and authorities for the nomination and election of select vestries, in manner as therein mentioned, it was enacted, that it shall be lawful for the inhabitants of any parish in vestry assembled, to nominate and elect, and afterwards for two justices to appoint any discreet person or persons to be assistant overseer or overseers of such parish with such salary and under such regulations as in the said act are directed; and that it shall be lawful for the inhabitants of any parish, upon the nomination and election by them of any assistant overseer or overseers, to require and take security for the faithful execution of his or their office, by bond, with or without a surety or sureties, and in such penalty as they shall think fit; and every such bond shall be made to the churchwardens and overseers of the poor, and may on any breach of the condition thereof be put in suit by and in the names of the churchwardens and overseers of the poor for the time being, by the direction of the vestry or select vestry, for the benefit of the parish, in manner as therein mentioned, (as, on reference to the said act of parliament being had, will more fully appear): And whereas the above bounden A. B. hath been duly nominated, elected, and appointed assistant overseer of the said parish of under and by virtue of the powers of the said act of parliament; and the above bounden C. D., hath agreed to be bound with him for the due execution of the said office, in manner as hereinafter mentioned. Now, therefore, the condition of the above-written obligation is such, that if the above bounden A. B. shall, from time to time, and at all times during the continuance of his said appointment, or of any future appointment or appointments, well and faithfully collect, and get in all such rates and other sums of money as he may be directed to demand and obtain, by virtue of his said office, and expend the same under the direction of the select vestry, when received by him for and towards the relief of the poor of the said parish, according to the directions of the said act, or of any other act or acts of parliament therein referred, and do from time to time, and at all times when required by said select vestry, render a just and true account or accounts of all monies received or expended by him to the person or persons duly authorized to receive the same: and do also faithfully and diligently execute his said office of assistant overseer in every other respect, according to the several directions, provisoes, and regulations of the said recited act, or any other law or laws relating to the poor therein referred to, or since passed or enacted. [Insert any other conditions required by the select vestry.] Then the within-written obligation shall be void, or else shall be and remain absolute. (a) See another form, ante, 46, and see the notes, ante, 22 to 24. overseer, under 59 Geo. 3, c. 12, s. 7, ante, 14, 15 (a). |