appointed for it; and so indicative is that circumstance of the place being a township, that Buller, J. (x), is reported to have said that wherever there is a constable there is a township. A village is not so easily defined. According to the common acceptation of the term, it consists of a considerable number of dwelling-houses, adjoining to each other, or in the same immediate neighbourhood, and having usually a name by reputation. It must consist at least of more than two houses (y); otherwise, although it may formerly have been a village, yet it has ceased to be so (z). A place, not called a village in the affidavits, which appeared to be a part of the old castle of Nottingham, was holden not to be a village within the meaning of the statute, although it consisted of upwards of twenty dwelling-houses, occupied by substantial householders (a). So, calling the district a "precinct" merely would not be sufficient (b). So, a place consisting of a capital messuage, and three cottages inhabited by labourers as tenants to the occupier of the messuage, was holden not to be a village within the meaning of the statute, although the sessions upon appeal had found and stated it to be so (c). So, the minster of Peterborough, being the area round the cathedral, was holden not to be a village within the meaning of this statute, although it consisted of sixty acres of land, having upwards of twenty-five dwelling-houses upon it (d). But where in a case sent up for the opinion of the court of King's Bench, the sessions expressly found and stated the place to be a vill by reputation, the court considered themselves bound by the finding of the sessions, although it appeared that the place consisted only of three houses (e).

Besides the place, for which it was sought to have overseers separately appointed, being a township or village, it was necessary to show that the parish in which it was situate could not collectively have the benefit of the statute of Elizabeth; which, however, did not mean that it was impossible to execute the statute within the whole parish collectively, but that it was inconvenient (f). And it was not necessary to prove that it was thus inconvenient at the time of the passing of the statute of Charles; if it had become so since, and were so at the time of applying to have overseers appointed to one of

(x) R. v. Horton, 1 Bott, 54.
(y) R. v. Denham, Burr. S. C.

37, per Lee, J.

(z) R. v. Denham, Burr. S. C. 37, per Page, J.

(a) R. v. Standard Hill, 4 M. & 8.378.

(b) R. v. Severn and Arnold, Say. 278.

(c) R. v. Showler et al., 3 Burr. 1391.

(d) R. v. JJ. of Peterborough, Cald. 238.

(e) R. v. Ranton Abbey, 2 T. R. 207.

(f) R. v. Leigh, 3 T. R. 746.

the townships, it would have been sufficient (g). Where the sessions, on motion, ordered a parish to be thus divided, and the different townships afterwards acted upon it for forty years; the order of sessions then coming before the court of King's Bench, that court held it to be bad, as it stated no inability in the parish to reap the benefit of the statute of Elizabeth; and it was said that the sessions had no authority to make such an order, except on appeal (h).

The mode of dividing a parish thus, was by applying to two justices to appoint overseers separately for one or more of the townships or villages within it. And in like manner, if it were required to have overseers appointed to an extra-parochial place, the application must have been made to two justices. If they refused an order, an application might be made to the court of Queen's Bench for a mandamus to compel them. Or if, on the other hand, the justices made the appointment, the party appointed might question its validity upon appeal to the quarter sessions; or it might be removed into the court of Queen's Bench by certiorari, and the validity of the order there determined upon a motion to quash it, the whole case on both sides being brought before the court upon affidavits (i).

But now by stat. 7 & 8 Vict. c. 101, s. 22, after the passing of this Act (9 August, 1844), it shall not be lawful to appoint separate overseers for any township or village or other place, for which before the passing of this Act separate overseers had not been lawfully appointed.

And it is hereby declared and enacted, that in all cases in which overseers have for the first time been separately appointed for any township or village since the fourteenth day of August, in the year of our Lord one thousand eight hundred and thirty-four, all orders of the poor law commissioners, determining the number of guardians, or ascertaining the averages of any such township or village, or of any portion of the parish from which such township or village had been separated, shall be and be deemed to be good and valid in law, notwithstanding such separate appointment of overseers (k).

After being separated, if from decrease of population or other change of circumstances, it become desirable that the different townships should again join in the maintenance of their poor, they may do so by agreement (7). But the court will not compel this, against the consent of any of the townships (m).

Where part of a parish is in a corporate town, and separate

(g) R. v. Leigh, supra, per Buller and Ashurst, JJ.

(h) Peart v. Westgarth, 3 Burr. 1610; and see R. v. Newell, 4 T. R. 266. R. v. Uttoxeter, Doug. 346.

(i) R. v. Standard Hill, 4 M. & S. 378.

(k) 7 & 8 Vict. c. 101, s. 23. (1) R. v. Palmer, 8 East, 416. Lane v. Cobham, 7 East, 1. (m) R. v. Leigh, 3 T. R. 746.

overseers have been appointed for that part more than sixty years before the passing of this Act, the appointment shall be deemed valid (n).

It may be necessary to mention that "overseers of the poor, within every township or place where there are no churchwardens, shall from time to time do, perform and execute all and every the acts, powers, and authorities concerning the relief of, and other matters and things relating to, the poor, as churchwardens and overseers of the poor may do, perform, and execute by this Act, or any former statute concerning the poor, and shall lose, forfeit and suffer all such pains and penalties for neglect, abuse, or non-performance thereof, as churchwardens and overseers of the poor are liable to by virtue of this or any former statute concerning the poor” (0).

When.] Overseers shall be appointed on the 25th March, or within fourteen days next after it (p). This statute, however, is directory only, and does not render an appointment void which is made at another time (q). Where the justices met at special sessions, on the 31st March, for the purpose of appointing overseers for the several parishes and townships within their division; they appointed for all but one township, and as to that, they adjourned the special sessions to the 14th April, to make some inquiries as to the fitness of certain persons for the office, and on the 14th April they accordingly met, and made the appointment; but in the meantime, namely, on the 1st April, a justice of peace of the division, imagining that an appointment on the 14th April would be bad, as being more than fourteen days from the 25th March, appointed two overseers for the township: Coleridge, J., however, held that an appointment on the 14th April was good, the statute being directory merely in this respect; and as the justices at special sessions had possessed themselves of the matter, and alone had jurisdiction over it, it was not competent to any other justice, in the mean time, to make another appointment (r).

Also, if an overseer die, or remove from the place for which he was appointed, or become insolvent, before the expiration of his office, two justices of the peace, on oath thereof made, may appoint another overseer in his stead, who shall continue in office until new overseers are appointed (8).

How.] In parishes in counties, overseers are to be "nominated under the hands and seals of two or more justices of the

(n) 59 G. 3, c. 95; see R. v. Gordon, 1 B. & A. 524.

(0) 17 G. 2, c. 38, s. 15.

(p) 54 G. 8, c. 91.

(q) R. v. Sparrow, 2 Str. 1123.

(r) R. v. Sneyd et al., 9 Dowl. 1001; S. C. nom. R. v. JJ. of Staffordshire, 10 Law J. 166, m. (8) 17 G. 2, c. 38, s. 3.

peace in the same county, whereof one to be of the quorum, dwelling in or near the same parish or division where the same parish doth lie (t);" and the same as to townships or villages (u). In cities or towns or places corporate, the appointments were formerly by the mayors, bailiffs, or other head officers, being justices of the peace (v); but now, by stat. 12 & 13 Vict. c. 8, s. 1, "in every city, town corporate or borough, the justices of the peace having jurisdiction therein [whether justices of such city, &c., or of the county comprising the same or adjoining thereto (w),] 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 if a parish shall lie in two or more countiesor part within the liberties of a city or town corporate, and part without, then as well the justices of the peace of every county, as also the [justices] of such city or town corporate, shall nominate the overseers (x); but when appointed, they shall act indiscriminately for the whole parish (y).

In counties, the nomination and appointment takes place at a special sessions of the justices of each division of the county. Previously to which, however, two justices direct their precept to the high constable of the hundred, in this or the like form:

Berkshire: To J. S., gentleman, high constable of the hundred ofin the said county.

We, two of Her Majesty's justices of the peace for the said county of one whereof is of the quorum, do hereby require you forthwith to issue your warrants to the several petty constables within your said hundred, in the form or to the effect as on this our warrant is indorsed. Given under our hands and seals, the · day of —, in the year of our Lord

And the form indorsed is thus:

Berkshire, hundred of· - To the constable of -
By virtue of a precept to me directed by

two of Her Majesty's justices of the peace for the county aforesaid (one whereof is of the quorum), you are hereby required forthwith

(t) 43 El. c. 2, s. 1.

(u) 13 & 14 Car. 2, c. 12, s. 21. (v) 43 El. c. 2, s. 8; and see R. v. Preston, 18 Law J. 10, m.

(w) 15 & 16 Vict. c. 38.

(x) 43 El. c. 2, s. 9.

(y) R. v. Butler et al., 1 Bott, 16.

to give notice to all and every the overseers of the poor within your constablewick, that they make out a list in writing of a competent number of substantial householders, within their respective parishes or townships, and deliver the same to Her Majesty's justices of the peace for the said county, at a special sessions, to be holden at ・, on- at the hour of

-; to the end that, out of the said lists, the said justices may appoint other overseers of the poor for the year then next ensuing. And you are hereby also required to give notice to all justices of the peace for the said county residing within your constablewick, of the time and place appointed for holding the said special sessions. And be you then there to certify what you shall have done in the premises. Herein fail not. Given under my hand, the day of the year of our Lord

in

And afterwards, upon the return of these lists to the special sessions, the justices nominate two, three or four of the persons in each list, as the overseers of such parish or township, according to its size and importance, being the number usually appointed. The appointment must be by a majority of the justices present. Where at a special sessions for appointing overseers of the poor, three of the justices present took upon themselves to appoint overseers for the parish of Manchester, without consulting the several other justices who were present at the time; and for this conduct, a rule nisi for a criminal information was obtained; but upon showing cause, it appearing that this was done from a mistake of the justices as to their authority, the court discharged the rule, but without costs: they however desired it to be understood, that all the justices present at such special sessions, when overseers are appointed, must be consulted upon the appointment, and the appointment must be by a majority of them (z). Still, however, until the appointment is quashed, the acts of overseers thus appointed will be valid for instance, a rate made by such overseers is valid, and may be enforced (a).

The appointment is drawn up in the following form :

Berkshire, to wit: We, two of Her Majesty's justices of the peace for the said county, one whereof is of the quorum, do hereby nominate and appoint A. B. [&c.], being substantial householders of and in the [parish] of in the said county, to be overseers of the poor of the said [parish] [together with the churchwardens thereof], for the present

(z) R. v. JJ. Lancashire, MS. T. 1840.

(a) Penny v. Slade, 5 Bing. N. C. 319.