assistant The Parish Council should appoint as assistant overseer "a discrete Appointment of person." (59 Geo. III. c. 12, s. 7). A woman may be appointed. overseer. The duties of an assistant overseer are determined and specified Salary, &c. and his yearly salary fixed by his appointment. His salary is expressly required to be paid out of the poor rate, and it will not form part of the expenses of the Parish Council or Parish Meeting, as it can under the statute be paid by the overseers without any order for payment by the Parish Council or Parish Meeting, as the case may be. This seems to be so, even where the performance of his duties as clerk of the Parish Council are under section 17 (2) of the Local Government Act, 1894, taken into account in determining his salary. An assistant overseer continues in office until he resigns, or until Term of office. his appointment is revoked. When the salary of an assistant overseer is altered, his appointment should be revoked and a fresh appointment made at the altered salary. Not only may the Parish Revocation of Council or Parish Meeting, as the case may be, revoke the appointment of an assistant overseer, but he may also be removed by an order of the Local Government Board for incompetency, neglect of duties, or other misconduct. If so removed he is not competent to fill any paid office connected with the relief of the poor of the parish, except with the consent of the Local Government Board (4 & 5 Will. IV. c. 76, s. 48). A conviction for felony, fraud or perjury, vacates the office (s. 49). Corrupt practices disqualify for the office, as in the case of an overseer.1 An overseer cannot be appointed an assistant overseer (29 & 30 Vict. c. 113, s. 10), but there is nothing to prevent a churchwarden being after the appointed day appointed an assistant overseer, for a churchwarden, as such, then ceases to be an overseer (Local Government Act, 1894, s. 5 (2)). A master of a workhouse is disqualified, and so is a relieving officer, unless authorised to hold the office by the Local Government Board (13 & 14 Vict. c. 101, s. 6). appointment. assistant It is very usual to appoint an assistant overseer to execute and Duties of perform all such duties as appertain to and are incident to the office of an overseer of the poor, but his duties may by the appointment be more restricted. In the absence of express limitation of the duties to be performed, the assistant overseer will be taken as having been appointed to perform all the ordinary duties of an overseer.—Points v. Attwood (18 L. J., C. P. 19). The duties of the office may be discharged by a person who does not reside in the parish. ant overseers. Any existing assistant overseer in a parish for which a Parish Existing assistCouncil is elected, becomes, unless he was appointed by a Board of Guardians, an officer of the Parish Council (s. 81 (3)). A vestry clerk appointed under the Vestries Act, 1850, who holds Vestry clerk. 1 See page 43. Existing vestry clerks. Appointment of clerk of Parish Council, Treasurer, Transfer of officers. Officers of office at the appointed day, becomes the clerk of the Parish Council (s. 81 (2)), but a Parish Council are not to appoint to the office of a vestry clerk (s. 17 (4)). The Vestries Act, 1850 (13 & 14 Vict. c. 57), could be adopted in a parish with a population exceeding 2,000, but very few rural parishes have vestry clerks. Section 7 of the Act sets out their duties at length. No future appointment to the office can be made in a rural parish. Subject to any existing vestry clerk becoming clerk of the Parish Council, the Council may appoint one of their number to act as clerk without remuneration. If no member of the Council is appointed to act as clerk, the assistant overseer, if any, or such one of the assistant overseers, if more than one, as may be appointed by the Council, will be their clerk. Where there is one assistant overseer only he becomes, if there is no vestry clerk and no member of the Parish Council is appointed clerk, without any appointment by the Parish Council, clerk to that Council. It is obligatory upon the assistant overseer, or, where there is more than one, the assistant overseer appointed by the Parish Council to be their clerk, to perform the duties of clerk; but the performance of those duties is to be taken into account in determining his salary.1 If there is no assistant overseer, the Parish Council may appoint a collector of poor rates, or some other fit person, to be their clerk, with such remuneration as they may think fit. When the Council act as a parochial committee by delegation from the District Council they are to have the services of the clerk of the District Council, unless the District Council otherwise direct.2 The Parish Council may appoint one of their own number or some other person to act as treasurer without remuneration, and the treasurer must give such security as may be required by regulations of the County Council (s. 17). The required security will have to be given to the County Council. Where the powers and duties of any authority other than justices are transferred by the Local Government Act to any Parish Council, the officers of that authority become the officers of the Parish Council (s. 81 (1)). Under this provision, the officers of Lighting Inspectors, Commissioners of Baths and Washhouses, and any other authority executing Baths and Wash- any of the adoptive Acts 3 and any officers of the vestry become officers Inspectors, houses, &c. 1 In the case of an existing assistant overseer who becomes clerk of the Parish Council, the re-adjustment of his salary should be effected by a revocation of his appointment, and by his re-appointment at the increased salary. See page 45 See page 67. 3 See Chapter V. of the Parish Council to whom the powers and duties of the authority Parish officers. and vestry are transferred. Every such officer, vestry clerk, and assistant overseer, will continue to hold his office by the same tenure and upon the same terms and conditions as heretofore, and while performing the same duties will receive not less salary or remuneration (s. 81 (4) ). POWERS TRANSFERRED TO PARISH COUNCIL. The powers, duties, and liabilities of the Vestry of the parish except (i.) so far as relates to the affairs of the church or to eccle- (ii.) any power, duty, or liability transferred by the Act from are transferred to the Parish Council (s. 6 (1)). Powers of vestry Election of surveyor in 1894. highway Under this provision, the Parish Council practically takes over all the powers of the Vestry, except those relating to church affairs and ecclesiastical charities, and the powers under the Act to be exercised by the Parish Meeting with respect to the adoptive Acts, and the powers which the Vestry had with respect to highways. But the powers of the Vestry as to highways will be exercised by the Parish Highways. Council in parishes now separately maintaining their own highways during such term, if any, as the County Council may, under section 25 (1) postpone the transfer of powers of any highway authority to the Rural District Council. In the year 1894, the election of Surveyors of Highways, and of Parish Boards for the Repairs of the Highways, takes place as usual. The Vestry continues to exist for purposes connected with Vestry continues the affairs of the church and ecclesiastical charities. No general purposes. explanation of the expression" affairs of the church," is contained in the Act, but it includes the distribution of offertories, and other collections made in any church (s. 75 (2)). It will, without doubt, include the election of churchwardens, who, under the Act, generally cease to be secular officers, and such matters as the levying of a voluntary church rate. The powers of the Vestry transferred to the Parish Council include all the powers of the inhabitants of the parish, whether in vestry assembled or not, and of any Select Vestry, either by statute or at common law (s. 75 (2)); but there are few, if any, rural parishes where the powers of the Vestry transferred to the Parish Council will include any exceptional powers. for ecclesiastical Among the powers transferred from the Vestry to the Parish Towers of vestry Council the following may be mentioned : Powers transferred from Vestry. The Parish Council will have control over agreements voluntarily made by the owners of rateable hereditaments not exceeding £8 in rateable value with the overseers to become liable for the poor rates ment of poor rate for any term not being less than one year, whether the premises are Voluntary pay. by owners. Compulsory occupied or not, and to receive a commission not exceeding 25 per cent. on the amount of the rates [Poor Rate Assessment and Collection Act, 1869 (32 & 33 Vict. c. 41) s. 3].1 The Parish Council may from time to time order that the owners rating of owners. Of all such rateable hereditaments in which dwelling houses are included shall be rated instead of the occupiers (s. 4). When the order has been made, the owners of all such rateable hereditaments must be rated by the overseers, and an abatement of 15 per cent. be made from the amount of the rate. If an owner gives notice in writing to the overseers that he is willing to be rated, for any term not being less than one year, in respect of all such rateable hereditaments of which he is the owner, whether occupied or not, the overseers are to rate the owner accordingly, and allow him a further abatement not exceeding 15 per cent. Parish constables Where quarter sessions consider it necessary that one or more parish constables should be appointed, the Parish Council on receipt of a precept from the justices requiring lists of men qualified to serve as parish constables, must within fourteen days of receipt of the precept make out a list of such number as is named in the precept of men residing within their parish who are qualified and liable to serve as constables, and they may annex the names of others, although not qualified, who are willing to serve (5 & 6 Vict. c. 109, ss. 2, 3;. 35 & 36 Vict. c. 92, SS. 2, 3). Every able-bodied man, unless exempt or disqualified, resident within the parish, between the ages of 25 and 55 years, rated to the relief of the poor, or to the county rate on any tenements of the rateable value of £4 or upwards is qualified and liable to serve as constable of the parish (5 & 6 Vict. c. 109, s. 5). Numerous persons are exempted or disqualified for the office. They are practically the same persons as are exempted or disqualified from serving the office of overseer (see 5 & 6 Vict. c. 109, ss. 6, 73 13 & 14 Vict. c. 101, s. 6). Parishes may be united by the justices for the appointment of parish constables (5 & 6 Vict. c. 109, s. 4). A copy of the list made by the Parish Council is to be fixed by the overseers on the first three Sundays in March upon the doors of the principal churches and chapels, stating the time and place for the hearing of objections to the list by the justices (5 & 6 Vict. c. 109, s. 8). The Parish Council may on receipt of the precept of the justices 1 Sections 3 and 4 of this Act are reprinted at page 296 of the Appendix. resolve that one or more paid constables be appointed at a salary fixed by them, and such paid constables may be appointed by the justices in petty sessions (35 & 36 Vict. c. 92, s. 4). Powers transferred from Vestry. In a parish where a knacker's yard exists the Parish Council are Knackers' required to appoint inspectors annually or oftener to inspect such yards. places and keep a book containing particulars of the animals slaughtered. The fee for each entry is 6d., which is to be paid by the person carrying on the business [Knackers Act, 1786 (26 Geo. III., c. 71), s. 5]. This enactment has in many places fallen into desuetude, and has seldom been acted upon by the vestry. If the County Council postpone the operation of section 25, which Highways transfers to the Rural District Council the powers of existing Highway Authorities, the Parish Council, if the parish separately maintained its own highways, would have. to elect the Surveyor, or Board of Surveyors of Highways, and if the parish was in a Highway District would have to elect a Waywarden as the representative of the parish on the Highway Board. The powers, duties, and liabilities of the churchwardens of the parish, except so far as they relate to the affairs of the church or to charities, or are powers and duties of overseers, but inclusive of the obligations of the churchwardens with respect to maintaining and repairing closed churchyards wherever the expenses of such maintenance and repair are repayable out of the poor rate under the Burial Act, 1855 (18 & 19 Vict. c. 128), are transferred to the Parish Council. But those obligations are not in the case of any particular parish to be deemed to attach, unless or until the churchwardens subsequently to the passing of the Local Government Act, 1894, give a certificate, as in the Burial Act, 1855, provided, in order to obtain the repayment of such expenses out of the poor rate (s. 6 (1) (b)). The powers and duties which the churchwardens had as overseers cease from the appointed day, and references in any Act to the churchwardens and overseers are to be construed, except so far as they relate to the affairs of the church, as references to the overseers (s. 5 (2)). The provision in section 6 (1) (b) transfers to the Parish. Council such secular powers as belong to churchwardens not as overseers, or as included in the expression "churchwardens and overseers." For instance, the obligation to provide for the interment of dead bodies cast on shore is imposed personally on the churchwardens as well as on the overseers by the statute, and it is obligatory upon the churchwardens as such to perform the duty. In a parish without a Parish Council the duty will still pertain to the churchwardens as it is imposed on them as churchwardens and not as Powers trans ferred from churchwardens. D |