Overseers. Appointment of which required the justices to appoint the overseers within fourteen days after the 25th of March, was held to be directory only in Rex v. Sparrow, 2 Str. 1,123; Reg. v. Justices of Staffordshire, 10 L. J. M. C. 166. No direction as to the time for the appointment of the overseers by the Parish Meeting of a parish without a separate Parish Council is given by the Act. It would be convenient for them to make the appointment at their annual assembly1 and in any case it should be made not later than within three weeks after the 15th day of April (s. 50). Casual vacancy. First appoint. ment of Overseers. Notice of appoint ment to guardians. Failure to give notice. Churchwardens cease to be Overseers. A casual vacancy in the office of overseer is to be filled by the Parish Council as soon as may be (s. 5 (1) ). Where the Parish Meeting have the power of appointing the overseers, they also should fill any casual vacancy as soon as possible. The first ordinary appointment of overseers under the new Act will be made at the annual meetings of the Parish Council or Parish Meeting, as the case may be, in 1895, and until then the overseers appointed by the justices in 1894 will hold office. A casual vacancy in the office of overseer after the Parish Council comes into office, or the Parish Meeting is constituted, should be filled by that Council or Meeting, as the case may be, but until then the filling of any casual vacancy would rest with the justices under the Poor Relief Act, 1743 (17 Geo. II. c. 38), s. 3. If the Parish Council or Parish Meeting determine in the period between the appointed day and the first ordinary appointment of overseers that to replace the churchwardens, who will cease to be overseers, an additional number of overseers should be appointed under section 5 (2), there seems no reason why the appointment of the additional overseers should not be made at once by the Parish Council or Meeting without waiting until a new body of overseers is appointed. Written notice, in the form prescribed by the Local Government Board, of the appointment of overseers, or of the filling of a casual vacancy is to be forthwith given by the appointing Council or Meeting to the Board of Guardians (s. 5 (1)). If notice of the appointment of overseers is not received by the guardians within three weeks after the fifteenth day of April, or after the occurrence of a vacancy in the office of overseer, as the case may be, the guardians must make the appointment or fill the vacancy, and any overseer appointed by the guardians will supersede any overseer previously appointed whose appointment has not been notified. Any such notice will be admissible as evidence that the appointment has been duly made (s. 50). From the appointed day the churchwardens of every rural parish 1 See page 14. Churchwardens cease to be will cease to be overseers, and an additional number of overseers may The provision, it will be noticed, does not except references relating to ecclesiastical charities. Guardians not to appoint assistant No appointment of assistant overseer is to be made by guardians from and after the appointed day (s. 81 (6)), but all existing assistant overseers. overseers retain office (s. 81 (4)). overseers and Under the Poor Relief Act, 1601 (43 Eliz. c. 2, s. 1), the church- Number of wardens of every parish, and four, three, or two substantial house- qualifications holders there (as shall be thought meet, having respect to the proportion and greatness of the same parish and parishes), to be nominated yearly by two justices, were to be called Overseers of the Poor. A person who is not a householder of the parish, provided he is assessed to the poor rate of the parish, and is a householder resident within two miles from the church or chapel of the parish, or where there is no church or chapel, resident within one mile from the boundary of the parish, may, with his consent, be appointed overseer [Poor Relief Act, 1819, (59 Geo. III. c. 12), s. 6]. Where two overseers cannot be conveniently appointed from the inhabitant householders in any parish, one overseer only may be appointed; and where there is no such householder liable or fit to be appointed, some inhabitant householder of an adjoining parish willing to be overseer, either with or without an annual salary, to be paid out of the poor rate is to be appointed from year to year as may be found necessary [Poor Law Amendment Act, 1866, (29 & 30 Vict. c. 113), s. 11]. After the appointed day the number of overseers appointed may be six, two being in place of the churchwardens (Local Government Act, 1894, s. 5 (2)). A person who is churchwarden may be appointed an an overseer (29 & 30 Vict. c. 113, S. 12), although a churchwarden is not as such an overseer (Local Government Act, 1894, s. 5 (2)). There will be no nomination of persons fit to serve the office of overseer by the Parish Meeting of a parish with a separate Parish Council. The practice which prevailed in many parishes of nominating at a Vestry Meeting persons from whom the justices might appoint overseers was not based upon statutory authority, and the justices were not bound to appoint overseers from among the persons so nominated. householder.' The interpretation to be given to the expression "substantial "Substantial householder" must depend upon the circumstances of a parish. In a parish with only three houses and no opulent householders, the appointment of a labourer has been upheld, and there is nothing in the nature of the office to render a woman incompetent.-Rex v. Stubbs (2 T. R. 395). Overseers not entitled to remuneration. Misdemeanour to refuse to serve. Appeal to Death of overseer, or removal from parish. Exempted persons. An overseer, other than one appointed with a salary under 29 & 30 Vict. c. 113, s. 11, for an adjoining parish is not legally entitled to any remuneration for his personal services. No security can be required from an overseer for the due discharge of his duties. It is a misdemeanour for a person duly appointed overseer to refuse to serve-Rex v. Jones (2 Str. 1,146; 2 Sess. Ca. 153). A person aggrieved by being appointed, and also the parishioners aggrieved by an appointment may appeal to quarter sessions (43 Eliz. c. 2, s. 5). -Rex v. Forrest (5 T. R. 58). A writ of certiorari may be issued to remove the appointment of overseers into the Queen's Bench Division of the High Court of Justice in order to have it quashed.-Rex v. Standard Hill (4 M. & S. 378); Reg. v. Harrison (16 L.J., M.C., 33). On the death of an overseer or his removal from the parish, or on his insolvency, another may be appointed in his stead to continue in office until new overseers are appointed. Before removing from the parish, an overseer must deliver over to some other overseer all rates, assessments, books, papers, sums of money, and other things concerning his office. In the case of an overseer dying whilst in office, his personal representative must within 40 days of his death deliver over all things concerning his office to some other overseer, and pay out of the assets left by the overseer all sums received by and due from him by virtue of his office, before any of his other debts are paid and satisfied (17 Geo. II. c. 38, s. 3.) The following persons are exempt from being appointed overseers, or exonerated from being compelled to serve the office:-Persons in Holy Orders, Roman Catholic Priests (31 Geo. III. c. 32, s. 8); Dissenting Ministers employed solely as teachers or preachers, and having no other employment except that of schoolmaster (1 Will. & Mary c. 18, s.8; 52 Geo. III. c. 155, s. 9); Income-tax Commissioners (5 & 6 Vict. c. 35, s. 35); Commissioners and Officers of Inland Revenue (53 & 54 Vict. c. 21, s. 8); Customs Officers (39 & 40 Vict. c. 36, s. 9); Officers of the Post Office (7 Will. IV. & 1 Vict. c. 33, s. 12); Registrars of Births and Deaths, and Registrars of Marriages (7 Will. IV. & 1 Vict. c. 22, s. 18); Factory and Workshop Inspectors (41 & 42 Vict. c. 16, s. 67); Medical Practitioners (32 Hen. VIII. c. 40; 6 & 7 Will. & Mary c. 4, S. 2; 18 Geo. II. c. 15, S. 10; 21 & 22 Vict. c. 90, s. 35); Dentists (41 & 42 Vict. c. 33, s. 30); Persons in the Militia (45 & 46 Vict. c. 49, s. 41), Royal Naval Volunteers (16 & 17 Vict. c. 73, s. 8; 22 & 23 Vict. c. 40, s. 7), and Persons in the Army Reserve (45 & 46 Vict. c. 48, s. 7). No master of a workhouse, relieving officer (13 & 14 Vict. c. 101, s. 8), or assistant overseer (29 & 30 Vict. c. 113, S. 10), nor any person directly or indirectly concerned in any contract for the supply of goods for the workhouse or for the relief of the poor of the union in which the parish is situated (12 & 13 Vict. c. 103, s. 6) is qualified to be an overseer. exempted from serving as overseers. Undischarged bankrupts (46 & 47 Vict. c. 52, s. 32) and persons Persons convicted of felony, fraud, or perjury (4 & 5 Will. IV. c. 76, s. 48) are disqualified. Persons convicted on indictment for corrupt practices at parliamentary and other elections, and candidates at such elections who are reported by an election court to have committed the offence of treating or undue influence, or on whose behalf any other corrupt practice has been with their knowledge committed, are ineligible for the office of overseer during a period of seven years from the conviction or date of the report respectively (46 & 47 Vict. c. 51, ss. 4, 5, 6; 47 & 48 Vict. c. 70, ss. 2, 3, 36). Peers and members of parliament, justices, practising barristers and solicitors, officers of the courts of law, and officers of the army and navy, even on half pay, have been held exempt from serving the office of overseer. Overseers are appointed for a year, and hold office till their successors are appointed. Their principal duties in a rural parish are— Period of office. Duties of overseers. (1) To make the poor rate and to pay out of the proceeds of the Poor rate. rate the sums necessary to meet the precepts of the County Council, Guardians, Parish Council, and other local authorities having jurisdiction over or in the parish. (2) To make the valuation list of the rateable hereditaments in the Valuation Lists. parish under the supervision of the Union Assessment Committee. (3) To make, under the direction of clerks of the County Councils, the lists of parliamentary and local government electors, and of persons who, residing beyond seven but within fifteen miles of the county, are entitled in respect of the occupation of property in the county, to be elected county councillors. These duties are performed by the overseers in a municipal borough, under the direction of the town clerk, and in a parliamentary borough, not being a municipal borough, under the direction of the person acting as town clerk. Lists of electors (4) To make a list of all men between the ages of 21 and 60, Jury Lists. residing in the parish, qualified to serve on juries. relief. (5) To give, in cases of sudden and urgent necessity, temporary relief Temporary at the cost of the poor rate, in articles of absolute necessity, and to obey any order of a justice requiring such relief to be given, to give in a case of sudden and urgent necessity, if he deem it desirable, an order provisionally, for admission into the workhouse; to grant, when medical relief is required, in the case of the sudden and dangerous illness of a destitute person an order for the attendance of the medical officer of the union, and to obey any order of a justice requiring such relief Duties of Overseers. Burial of bodies cast on shore. Mortuaries. Disorderly houses. Duties where no Appointment of assistant Overseer. to be given [Poor Law Amendment Act, 1834 (4 & 5 Will. IV. c. 76), s. 54]. (6) To provide for the suitable interment of any dead human body cast on shore from the sea (48 Geo. III. c. 75), or from any tidal or navigable waters (49 Vict. c. 20). (7) In a parish for which there is no Burial Board, to provide by the direction of the Parish Council, or where there is no separate Parish Council, by the direction of the Parish Meeting, mortuaries, and make arrangements for the reception and care of the bodies deposited therein [Burial Act, 1852 (15 & 16 Vict. c. 85), s. 42]. (8) To enter into recognizances before a justice upon information on oath being given by two inhabitants to prosecute at quarter sessions, or the assizes, keepers of brothels, gaming-houses, or other disorderly houses. The costs of the prosecution, and in case of conviction, a reward of ten pounds to each of the two inhabitants, are to be paid by the overseers out of the poor rate (25 Geo. II. c. 36, s. 5; 58 Geo. III. c. 70, s. 7; 48 & 49 Vict. c. 69, s. 13). (9) In a parish not having a separate Parish Council the overseers retain, subject to the provisions made by any grouping order, certain powers which are transferred to the Parish Council by section 6 (1) (c) of the Local Government Act, 1894. As to these powers see page 50. Assistant overseers have hitherto been nominated by the vestry and appointed by the justices, under section 7 of the 59 Geo. III. c. 12, but in some parishes an assistant overseer could not be appointed on account of the guardians of the union having been empowered by orders of the Poor Law Commissioners and their successors to appoint assistant overseers or collectors of poor rates with the powers of assistant overseers. Both the powers of the justices and of the guardians in this matter cease under the Local Government Act, 1894, but existing officers are continued in office, and until the office were vacant the Parish Council could not appoint an assistant overseer to perform the same duties as an existing officer. Under certain circumstances a collector of rates or an assistant overseer appointed by the guardians may be appointed by the Parish Council to perform the duties of an overseer, as provided by the Act of Geo. III. [Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 101), s. 61]. An appointment of assistant overseer may be made without limitation of the period, or may be made for a limited period. A bond, with or without sureties, may be taken for the faithful discharge of his duties in such penalty as the Parish Council or Meeting, as the case may be, think fit. The bond must be given to the overseers. |