OFFICE (SETTLEMENT BY )-continued. 3. Of the Time of Serving-continued. A person removed by an order during the execution, gains none, 649. Object of a statute is notoriety, which is attained by the execution and not by 4. Residence. Residence for forty days is sufficient in the parish where any part of the duties Residence in one parish and serving an office wholly in another, it seems, is ORDER OF REMOVAL. See REMOVAL (5.) Form of, Of Relief. Of Maintenance. Of children resident with mother, 287. ORPHANS. 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 TOWNSHIP. 3. Their Number. Not more than four, nor less than two, exclusive of churchwardens, can be 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. Who may be appointed. Churchwardens are overseers without appointment, 5. 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, may, if he consents, be appointed by statute, 15. Appointment of occasional residents discouraged, 13. Women are eligible, but men more proper, ib. 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. 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. OVERSEERS-continued. 5. When and by Whom Overseers to be appointed—continued. It should take place on 25th of March, or within fourteen days after, 15. The first only of two appointments in one day is good, ih. Valid appointment once made can be charged or superseded only on appeal, th. 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 Place must appear in the form to be within jurisdiction of the justices, ib. 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 Agreement of districts of parish to separate or re-unite is legal, 19, 20. Justices to issue precepts to high constables to return lists of qualified house- 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 churchwardens, 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 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 Overseer, 24. Justices to appoint another overseer when one dies, becomes insolvent, or 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. Mandamus lies to justices to appoint, ib. OVERSEERS-continued. 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 11. Their Jurisdiction, Duties, Powers, and Liabilities. Overseers to act throughout a parish extending into several jurisdictions, 27. 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 Acting under justices' warrant are with 24 Geo. II. c. 44, 29, 30. Remedies against, for Abuse of Office, 31. They are indictable for not receiving and providing for a pauper removed, 31, 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 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, 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 Lands. Two justices may order parish premises to be delivered to overseers, 38. 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. Warrant to give possession, 41. OVERSEERS' ACCOUNTS. Statutes relating to, 250. OVERSEERS' ACCOUNTS-continued. Accounts are to be passed by overseers, 250. See APPENDIX OF FORMS. of all levies on property of persons leaving children, &c. chargeable, ib. of 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 To be verified on oath if required, 256. An account in a book and signed, to be delivered to succeeding overseers within 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 Delivering a balance sheet to successors is not sufficient, ib. An overseer may be committed till account given and money paid over, 252, 255. If a churchwarden is committed, he must be described as overseer, 255, 6. Overseer may be exempted under local act from accounting to justices, 257. 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, Form of allowance by justices, 258. The allowance can be made but by the justices to whom accounts were first sub- 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 OVERSEERS, REIMBURSING. May reimburse themselves during their year for advances legally made, 45, 258. Delivering over Balance, Books and Chattels, All to be delivered over within fourteen days after successors appointed, Nothing can be retained even by order of vestry, ib., and for parish purposes, ib. Overseer is discharged by bankruptcy and certificate, 260. Payment of balance may be enforced, by two justices, where on appeal no If on appeal an order for payment is made, balance may be distrained for, 261. The distress may be made on the application of one overseer only, ib. OVERSEERS' ACCOUNTS. 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 OVERSEERS' ACCOUNTS-continued. Appeal against Allowance or Disallowance. See APPENDIX OF FORMS. Persons having material objections to accounts may appeal, 265; mere stranger Where by local act an appeal is given first to the governors, an appeal at once Where each overseer keeps a separate account, one overseer may appeal against The appeal to be to the next practicable sessions after allowance, 267. Where the allowance was too late to admit of effective notice, the appeal may Justices may adjourn the appeal, though respondent object, 268, 270. Accounts must be allowed by two justices before appeal, 268, but not at special Decision of sessions on appeal by overseer final, and no certiorari can issue, Costs of appeal against disallowance of account to be paid out of poor rate, Appeal, Notice of. Must be in writing and state the grounds, 141, 271. Enumeration of items not sufficient, 271. Where notice defective, agreement by attorney not in court, to waive it, is not The notice need not state that the appellant is grieved, 272. If not grieved, the sessions may refuse to hear it, ib. P. PACKET BOATS. Rateable at home, the owner being resident there, 113. Of sufficient ability, bound to maintain their children, 163. A child follows his father's settlement, 289. or been discharged under sign manual, ib. See RELIEF. Proof of father's settlement sufficient on removal of a pauper, ib. No settlement can be derived from the mother whilst father is living, 291. Secus if it is unknown, or he is a foreigner, ib. Or mother married to an Irishman, &c., ib. Child follows mother's settlement acquired after the father's death, ib. PARISH. Definition of, 6, 7. By reputation, before 43 Eliz., 7. Extending into two counties, or liberties, overseers to act throughout, 133. Justices to intermeddle only within their jurisdiction, 6. Separate rates, and a chapel before 43 Eliz. without other parochial rights, will not Must have existed, as such, in 43 Eliz. to be within the act, 7. What is evidence of not being able to have the benefit of that act, 18, 20. May re-unite after separation, 17 to 20. May divide itself into districts, ib. n. More than two may unite for the purpose of being a common poor house, 185, 186. See POOR-HOUSE. |