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rate, 142.


Must be given and the particular grounds be specified in appeal against any poor
So if against any account of churchwardens or overseers, ib.
Must be in writing and signed by person giving the same or the attorney on his

behalf, ib.
Must be delivered or left with two of the overseers, ib.
Also to persons interested, 142.
No other grounds than those stated in, can be inquired into, ib.
But the omission may be waived in open court, ib.

Against order of removal, 768. See Removal (5.)

Form of order of maintenance of. See APPENDIX.


Are rateable, 70.

Necessary under 59 Geo. 111. and 6 Geo. IV., 574. See TENEMENT (15.)
Beneficial, essential to be rateable. See Rate (4.)

Renders persons liable, wherever residing, 49.

1. Statutes, 633.
Execution of an annual office for a year gains a settlement, 636.
2. Nature of Office and Appointment.
A certificate person must be legally placed therein, 636.
A deputy officer gains no settlement, 637.
But a principal, serving by deputy, does under 9 & 10 W. & M., ib.

Secus under 3 & 4 W. & M., ib.

Parish clerk, 637, 853.
It need not be a parish office, 645.
Parish church being a freehold, 637,645.
Sexton of a church-yard in two parishes, 640.
Warden of a borough in several parishes, 640, 641.
Constable of a city, embracing several parishes, ib.
A town crier, ib.
Tithing-man, 643, for part of a parish, 641.
Bailiff or aletaster for a borough, 643.
Hogringer for the parish, ib.
An assistant overseer, 644.
Collector of land tax, ib.

Collector of duties on births and burials, ib. 645.

A curate, 645.
A schoolmaster, ib.
Master or governor of a workhouse, 639, 645, 646.
An officer appointed from court leet to court leet, the interval not being a year,

638, 649. If sessions find the office to be a public annual one, K. B. are bound by it,

646. If part of the duties are performed in the parish in which officer resides it is sufi

cient, 640, 641, 642. A certificate man chosen borsholder must be sworn in, 643. See 647, 648. But under 3 & 4 W. & M. execution of an office de facto is sufficient, 647, 648. As of a tithing-man appointed but never sworn in, ib. A defeasible office is sufficient, 644. See 645. If the appointment is in writing and with a salary, it must be stamped, 644. 3. Of the Time of Serving.

The office must be served for a whole year, 649.
Service for part of a year, ib., or half a year at a time, confers no settlement,


NT BY ) ---continued.
3. Of the Time of Serving---continued.

A person removed by an order during the execution, gains none, 649.
Or one irregularly discharged from the office hefore his year, ib., 650.
Service from court to court, not being a year, confers none, 649.
Object of a statute is notoriety, which is attained by the execution and not by

the appointment, 650, 651.
4. Residence,
Residence for forty days is sufficient in the parish where any part of the duties

performed, 650, 651.
Residence in one parish and serving an office wholly in another, it seems, is

not sufficient, 639.
ORDER OF REMOVAL. See Removal (5.)

Form of,
Of Relief.
Of Maintenance.

Of children resident with mother, 287.

May be sent by order of guardians and approbation of visitor, to poor house, 225.

Origin of the office, 5.
Statutes relating to, 5, 6.
Overseer not entitled to any salary, 46, 257.
1. For what Place they may be appointed.

Can be appointed only for a parish, township or vill, 5.
Not for a precinct, 7.
The place may be extra-parochial, ib.

A place found by session to be a vill, is entitled to separate overseers, 8.
2. What is a Township or Vill, 10, et seq. See Townslip.
3. Their Number.
Not more than four, nor less than two, exclusive of churchwardens, can be

appointed, 11.
Appointment of more than four is bad as to all, ib.
Four may be appointed, though a local act directs two, ib.

Is more than one churchwarden necessary? 11, 666, 667.
4. Il'ho may be appointed.

Churchwardens are overseers without appointinent, 5.
All “ substantial householders,” are liable, 12.
“ Substantial” is a relative term, 13.
So also parties who do not inhabit their place of business, 13, 14.
An inhabitant is not eligible unless an householder, ib.
A person assessed but living out of the parish within two miles of the church,

inay, if he consents, be appointed by statute, 15.
Appointment of occasional residents discouraged, 13.
Women are eligible, but men more proper, ib.
Office of overseer and justice incompatible, 13, 14.
The justices to exercise a discretion, ib.
Who are not to be appointed.
List of persons exempted, 13, 14.
Exemptions of prosecutors of felons abolished, 14.
Assistant Overseer.
Any person may be so appointed with a salary, 14.
Security required, 15.
The appointment must be in writing and stamped, ib., 46, n.

A form of appointment, 46 n. (b) and APPENDIX.-
5. At what time and by whom Overseers to be appointed, 15.

Appointinent on Sunday invalid, 16.


5. When and by W hom Overseers to be appointedcontinued.

It should take place on 25th of March, or within fourteen days after, 15.
The statute is directory only, 16.
The first only of two appointments in one day is good, ib.
Valid appointment once made can be charged or superseded only on appeal, ib.
When appeal allowed, justices may make a supplementary appointment, ib., or

when an insufficient number has at first been appointed, 24.
But not the sessions, as the appeal is to them, 17.
Where a parish is part within and part without a peculiar jurisdiction, two should

be appointed for each part, and by different justices, 17.
Place must appear in the form to be within jurisdiction of the justices, ib.

No usage justities appointment by parishioners, 15, n. (u), 22.
6. Appointment for Villages or Townships.

13 & 14 Car. II. 7, extends to all counties though some only named, 17.
A parish can be divided only when it cannot otherwise have the full benefit

of 43 Eliz., ib. ; this inability may have arisen since 13 & 14 Car. II., 18.
The test of being able to reap such benefit, ib.
Agreement of districts of parish to separate or re-unite is legal, 19, 20.
Ancient separations of towns corporate from parishes confirmed by statute, 20.
As to the poor, and appointment of overseers, such separation must have

existed sixty years before 59 Geo. III., 20.
7. Justices neglecting to appoint.

Penalty on, 20.

Mandamus lies, 24.
8. Mode of Appointment, 21.
Justices to issue precepts to high constables to return lists of qualified house-

holders, ib.
Form of precept, ib.
High constable's warrant to petty constable, form, ib.
Form of Appointment, p. 22.
Defect of, does not make distress for poor rate unlawful, 22.
Jurisdiction for which justices act, must appear on it, ib.
Must describe the justices as such, ib., in and for the county, &c. ib.
And the parish to be in the said county, 24.
Need not describe the justices as dwelling in or near, ib., or of quorum, ib.
Though one must be of quorum, 22.
It is usual but unnecessary to appoint all by the same instrument, 23.
If more than four appointed, the instrument is bad as to all, ib.
Sufficient to describe a non-resident overseer by name and abode, ib.
His consent should appear, ib.
“ Principal inhabitant," insufficient description, ib.
Description must be in the body and not at the foot, ib.
Whether for a parish or vill must be accurately stated, ib.
The word “overseers" must be used, ib.
It is unnecessary to mention church wardens, ib.
" For the present year” means the overseers' year, ib.
It is a judicial act, and therefore the justices must confer, though they may sign

and seal apart, 24.
The overseer must have personal notice of his appointment, 32.

Custody of, belongs to overseer, 27, 831.
9. Appointment in case of Death, Insolvency, or Removal of Orerseer, 24.
Justices to appoint another overseer when one dies, becomes insolvent, or

removes from the place, 24.
Overseer removing must account and deliver up books, ib.
The executor of overseer must account within forty days, ib.

The authority of overseers ends with the year, though no successors named, ib. 10. Means to enforce or avoid Appointment, and of Appeals, 24.

Overseers must accept the office, 25.
Refusal subjects them to indictment, ib.
Invalidity of appointment good defence, ib.
Mandamus lies to justices to appoint, ib.

it, 26.


The Remedies to obtain, enforce, or avoid Appointment-continued.

King's Bench has no power to confirm appointment, 25 n. (a), but may quash
Any person grieved may appeal against it, 25.
To the next practicable sessions, ib.
Notice of appeal, ib.
No appeal necessary if the appointment is a nullity, ib.
An appointment for improper district may be questioned upon an appeal against

a removal, ib.
11. Their Jurisdiction, Duties, Powers, and Liabilities.

Overseers to act throughout a parish extending into several jurisdictions, 27.
Majority may act, ib.
They may act, though no churchwardens, ib.
Their authority delegated to guardians and select vestry, 27, 212, 217.
Their Duties and Powers, 27.
May indemnify another parish against the settlement of a particular person.

Must meet once every month at least, 27.

provide stock to set the poor to work, ib.
Their bounden duty to try to find work before giving pecuniary relief, ib.
No power to borrow money, ib.
Surety for overseers' accounting, not liable for money borrowed, unless done

by direction of inhabitants, ib.
Their liability for medical aid, 60. See Casual Poor.
May sue the securities given to predecessors, 28.
Privileges for Support of, 29.
May plead general issue in actions against them of tort, or for acts done as

such-venue locul- treble damages with costs, 29, and n. (a)
Acting under justices' warrant are with 24 Geo. II. c. 44, 29, 30.
Demand of surplus of a distress for poor rate, necessary, 30.
Remedies against, for Abuse of Office, 31.
They are indictable for not receiving and providing for a pauper removed, 31,

for not accepting the office, ib.
Also liable to penalties for any neglect of duty, 32.
Appeal, ib., distress, ib.
Assumpsit lies for necessaries for the poor, ib.
Persons having management of poor shall not supply goods or be concerned in

contracts for provisions for the poor, 33. See Exceptions, ib.
The statute does not apply to a supply of a single pauper with goods, 34.
The statute is applicable only to a general supply, ib.,
It applies though the goods are furnished at a fair price, ib.
A guardian selling goods to the master of a workhouse, is liable, 35.
Though the act under which he is appointed imposes a penalty, ib.
He is not liable unless he sell with a view to profit, 37.
An assistant overseer is within the act, 33, n.
Recovering Possession of Parish Houses or Lunds.
Two justices may order parish premises to be delivered to overseers, 38.
Also land appropriated to the poor, 39.
Possession may be taken peaceably at common law, ib.
Tenements hired or purchased by overseers, under 59 Geo. III. c. 12, vest in

them as a body corporate, ib.
The act is not confined to tenements held for the benefit of the poor, ib.
Nor to parish officers, 40.
Forms prescribed in Schedule.
Notice to quit, 40.
Information for not quitting within a month after notice and demand, ib.
Summons, 41.

Warrant to give possession, 41.

Statutes relating to, 250.

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Accounts are to be passed by overseers, 250. See APPENDIX OF Forms.

all levies on property of persons leaving children, &c. chargeable, ib. of all levies on property of lunatics, ib.

reimbursements made under militia acts, ib. of constables' accounts, ib.

of charities for binding apprentices, ib. The final account must be submitted to justices at special sessions within fourteen

days after end of their year, and successors named, 251, 6. To be verified on oath if required, 256. An account in a book and signed, to be delivered to succeeding overseers within

fourteen days after their appointment, 252.
Monies to be paid over and account verified on oath, ib.
Mandamus lies to justice to swear overseer,

255. The account to overseers is not a substitution for the account to justices, but is

cumulative, 254. Delivering a balance sheet to successors is not sufficient, ib. An overseer may be committed till account given and money paid over, 252, 255. The commitment is good though there is added till discharged by course of

law,” 255 ; if that is the only period, it is bad, 262, 263. If a churchwarden is committed, be must be described as overseer, 255, 6. Justices may disallow unfounded or exorbitant charges, specifying such at the

foot of the account, 256. Overseer may be exempted under local act from accounting to justices, 257. But an act directing accounts to be adjusted at quarterly meeting of guardians

and giving an appeal therefrom, does not exempt overseer from passing accounts

before justices, ib.
What expences overseers may charge, ib.
Cannot charge for a law suit carried on without consulting vestry, ib.
Nor for expences in prosecuting an assault on overseer, ib.
Nor for salary paid to an overseer, ib.
Secus to assistant overseer,

258. May charge for costs of appeal by overseer against disallowance of accounts, 268,

269. Form of allowance by justices, 258. The allowance can be made but by the justices to whom accounts were first sub

mitted, 255. Information for refusing to account, 252, n. Commitment thereon, 253, n. If the order of allowance is good on the face of it, King's Bench will not try the

merits on affidavit, 265. OVERSEERS, REIMBURSING.

Nay reimburse themselves during their year for advances legally made, 45, 258.
May be reimbursed by predecessor where arrears have arisen from non-payment

of rates, or where no rate made, or during appeal against it, 45, 258, 259. Surplus of one overseer may be applied to the deficiency of the other, 258, 262,

266. Delivering over Balance, Books and Chattels. All to be delivered over within fourteen days after successors appointed,

252, 259. Nothing can be retained even by order of vestry, ib., and for parish purposes, ib. Where the overseers manage separate portions of a parish, the account is still a

joint one, 260, 262. Overseer is discharged by bankruptcy and certificate, 260. Payment of balance may be enforced, by two justices, where on appeal no

order is made, 259, 260, 261. If on appeal an order for payment is made, balance may be distrained for, 261. Distress must precede commitment, 261.

The distress may be made on the application of one overseer only, ib.

Semble assumpsit does not lie for the balance, 261, n.
A conviction for not delivering up a particular book, and a commitment till he yield

up all books, are void, 262.

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