year: according to the directions of the statute in such case made and provided. Given under our hands and seals, this day of, in the year of our Lord ·

The words "for the present year," have been holden to be sufficient, as they shall be intended to mean the overseers' year (b). So, "for one whole year” (c), or “for one year next ensuing" (d), have been holden to be sufficient. After thus appointing overseers, the justices are functi officio, and cannot alter their appointment (e). A copy of this appointment should be served on each of the overseers named in it.

The overseers thus appointed remain in office for the time only which is thus mentioned in their appointment.

If the magistrates fail to make the appointment, the court of Queen's Bench will compel them to do so by mandamus; and, by stat. 43 El. c. 2, s. 10, every justice of the peace of the county, dwelling within the division where such default of nomination shall happen, and every mayor, alderman, and head officer of the city or town corporate where such default shall happen, shall forfeit for every such default 51., to be levied of their goods by warrant from the general sessions of the peace of the said county, or city, &c., if they have sessions.

Appointment, how enforced.] If any overseer thus appointed refuse to serve the office, he will be guilty of a misdemeanor at common law, for which he may be indicted (ƒ).

Appeal against the appointment.] If any person thus appointed feel himself aggrieved by the appointment, he may appeal against it to the general quarter sessions (g). And it has been holden also that the parishioners may appeal against the appointment, as parties aggrieved within the meaning of the statute (h). The statute makes no mention of notice of appeal; and therefore the notice must be such merely as is required by the practice of the particular sessions to which the party appeals.

The appointment may also be removed into the court of Queen's Bench by certiorari, for the purpose of having it quashed. And that court will thereupon examine into the validity of the appointment upon affidavit (i). But the court have refused to grant a mandamus to overseers, commanding

(b) R. v. Helling, 3 Burr. 1904. (c) R. v. Jones, 1 Bott, 27. (d) R. v. Burder, 4 T. R. 778. R. v. Stubbs, 2 Id. 395.

(e) R. v. Great Marlow, 2 East, 244.

f) R. v. Jones, 2 Str. 1146.

(g) 43 El. c. 2, s. 6.

(h) R. v. Forrest, 3 T. R. 38, and see R. v. JJ. of St. Albans, 3 B. & C. 698.

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

them to produce their appointment for the inspection of a rated inhabitant,-the defect suggested to such appointment being properly the subject of an appeal to the sessions (k).

SECTION II.

Power and Duties of Overseers.

1. In Parishes, &c., in Unions or under Guardians or select Vestries.

In relief of the poor, 43.

In other cases, 44.

To account, 45.

Books to be kept by them, 45.
Receipts and payments, 47.
Inventories, &c., 47.

In relief of the poor.] The ordering, giving and directing of all relief to the poor of any parish, which shall be under the government and control of any guardians of the poor, or of any select vestry, and whether forming part of any union or incorporation, or not, shall appertain and belong exclusively to such guardians or select vestry according to the provisions of the Acts under which they may have been appointed; and it shall not be lawful for any overseer of the poor to give any further or other relief or allowance from the poor-rate, than such as shall be ordered by such guardians or select vestry, except in cases of sudden and urgent necessity, in which cases he is hereby required to give such temporary relief as each case shall require in articles of absolute necessity, but not in money, and whether the applicant for relief be settled in the parish or not: provided that in case such overseer shall refuse or neglect to give such necessary relief in any such case of necessity, to poor persons not settled nor usually residing in the parish to which such overseer belongs, any justice of the peace may order such overseer, by writing under his hand and seal, to give such temporary relief in articles of absolute necessity, as the case shall require, but not in money; and if the overseer disobey such order, he shall, on conviction before two justices, forfeit any sum not exceeding 51. (1).

Also, a justice of the peace may give a similar order, for medical relief only, to "any parishioner as well as out parishioner," where any case of sudden and dangerous illness may require it; and the overseer shall be liable to the same penalty as aforesaid for disobeying such order (m).

But it shall not be lawful for any justice to order relief to

(k) R. v. Harrison et al., 16 Law J. 33, m.

(1) 4 & 5 W. 4, c. 76, s. 54.
(m) Id.

any person, from the poor rates of such parish, except as hereinbefore provided (n).

The duties of the churchwardens and overseers of parishes, &c. in unions, are thus laid down in an order of the poor law commissioners, dated the 22nd April, 1842:

Art. 1. If any overseer of the poor of any parish shall, in any case of sudden and urgent necessity, have given temporary relief to any poor person in articles of necessity, or, in any case of sudden and dangerous illness, shall have given an order for medical relief, the said overseer shall forthwith report such case in writing to the relieving officer of the district, or to the board of guardians of the union, and the amount of such relief or the fact of having made such order.

Art. 2. If any overseer of the poor of any parish receive an order under the hands and seal of two justices, according to the provisions of the said Act, directing relief to be given to any aged or infirm person, without such person being required to reside in any workhouse, he shall forthwith transmit the same to the relieving officer of the district, to be laid before the guardians at their next meeting, that they may be enabled without delay to give to the relieving officer the necessary directions, as to the amount and nature of the relief to be given.

Art. 3. If any overseer receive an order for medical relief from any justice in case of sudden and dangerous illness, he shall, as soon as may be after complying with such order, report the fact of his having received the same, and the manner in which he has complied with it, in writing to the relieving officer of the district, or to the board of guardians of the union.

In other cases.] By the same order (0), Art. 4, the overseers are to perform such duties in connection with the election of guardians for the union, as may be imposed upon the overseers by any regulations of the poor law commissioners in force at the time.

Art. 5. And it is further ordered and directed that the overseers of the poor of every parish in the union—

Firstly, From time to time shall provide rate-books according to the form (A.) hereunto annexed (p); and duly and punctually to make the entries therein of the several matters mentioned in the headings of the several columns of the said form; and shall cause every rate for the relief of the poor in

(n) 4 & 5 W. 4, c. 76, s. 54. See R. v. Kerr, and R. v. Rich, 5 T. R. 159.

(0) Ord. 22nd April, 1842.

(p) See this form, post, under the title "Poor Rate."

the township, and the allowance of such rate by the justices, to be recorded in the said rate-book.

Secondly, To pay over from time to time out of the poor rates collected, all such sums as by any order of the guardians addressed to them in writing, according to the form set forth in the order of the poor law commissioners, bearing date the [24th July, 1847, (g)] shall be directed to be provided from the poor rates of the parish (r); and to pay over such sums to such person or persons, at such times and places as by the same order shall be directed, and to take the receipt of such person or persons; and to produce such order and such receipt as their vouchers for such payments before the auditor of the said union in passing their quarterly accounts (s).

To account.] The overseers shall submit, within forty days after each of the following days, namely, Lady-day, Midsummer-day, Michaelmas-day, and Christmas-day, to the auditor of the anion, a distinct account and balance sheet, exhibiting the amount collected by them and the amount disbursed by them during the previous quarter, together with the proper vouchers for the same (t).

Books to be kept by them.] The overseers shall enter in some book, to be from time to time provided for that purpose, the names and addresses of the owners and proxies, who shall send statements of their claims to vote, and the assessment of the poor rate on the property, in respect whereof they respectively claim to vote, which book may be kept in the form annexed to the order (u).

And lastly, by Order 17th March, 1847, Art. 1, the overseers of every parish in the union shall (except so far as such books are kept under their direction by any collector) punctually enter and accurately keep, the following books, according to the forms and directions in the schedule A., hereunto annexed:

1. A Rate Book. In this book shall be inserted the particulars of the assessment and collection of the poor rate of the parish, as set forth in the Form numbered 1; and in addition to the declaration required by stat. 6 & 7 W. 4, c. 96, such overseers shall, before any rate is presented to the justices for their allowance, sign a declaration, in words at length, of the total amount of the rate so presented for allowance, according

(q) Post.

(7) See R. v. Overseers of Todmorden and Walsden, 1 Q. B. Rep. 185.

(a) See as to these payments, post, under the title "Relief by Guardians."

(t) Ord. 22nd April, 1842, art. 5, s. 3. See post, tit. "Auditing of Accounts."

(u) Ord. 22nd April, 1842, art. 5, 8. 4.

to the form or to the effect set forth in the said Form numbered 1 (r).

2. A Book of Receipts and Payments. On one side of this book shall be entered according to the Form numbered 2, an account of all monies received by the overseers by virtue of their office on behalf of the parish, from the poor rate;-and with the proper dates, under some of the following heads :the rents and profits of lands or tenements belonging to the parish, and applicable in aid of the poor rate;-the income or profits of other property belonging to the parish, and applicable in like manner;-payments by the relations of paupers;-payments by the fathers or mothers of bastard children;-payments which may be made to the parish on account of loans under the provisions of the first-mentioned Act;-repayments made under orders of removal ;-relief in kind by overseers repaid under the authority of the guardians; -payments made by order of magistrates, or of any court, or in consequence of any civil or penal proceedings;-proceeds of the sale of lists of claimants or lists of voters ;-payments made to the overseers on behalf of the parish from other sources, such payments to be specified in detail.

And on the other side of such book, the overseers shall enter, in like manner, with the proper dates, an account of all monies paid and expended by them, by virtue of their office, on behalf of the parish, in respect of any of the following matters:Payments to the treasurer of the union under the authority of the board of guardians ;-the contribution on behalf of the parish to the county, borough, hundred, police, or other rate, payable out of the poor rate, when paid by the overseers to the high constable or county or borough treasurer ;-constables' expenses;-costs of any proceedings before justices ;-costs of any proceedings at law or in equity;-costs of removing paupers, distinguishing,-1st, travelling expenses and costs of conveyances; 2nd, relief and maintenance of the paupers ;— relief in kind or medical relief administered by the overseers to poor persons in cases of sudden and urgent necessity, or sudden and dangerous illness;-repairs or outgoings which may have been lawfully defrayed by the overseers in respect of lands or tenements belonging to the parish ;-payments of principal and interest made by the overseers in respect of money borrowed and lawfully charged on the poor rate ;collectors' or assistant overseers' salary or poundage ;-expenses allowed by revising barrister or other competent authority in respect of parliamentary or municipal voters ;-cost of preparing lists of jurymen ;-other charges authorized or required to be paid under any Act of parliament by the overseers, and other expenses which may be lawfully defrayed by

(r) See this form, post, tit. "Poor Rate."