Winchcombe against Winchester, 434---582 444 439 cited 40 --- 52 379 478 623 --- 291 263 --- 287 464 --- 650 114 100 157 232 --- 239 535 461 Winfhip and Grunwel (The King against), 359 Woodford and Lilburn (The Cafe of), 101 317 392 443 511 356 543 80 710 460 780 III 397 --- 523 536 cited Yorkshire (The King against the Juftices of), 245 --- 244 Young (Hobbes againft), 527 --- 754 A DIGEST 1. OVERSEERS OF THE POOR. I. The ftatutes relating to the appointment. III. What perfons are liable to be appointed. VIII. Of the appointment of separate overseers. I. The ftatutes relating to the appointment of overfeers. •BY Y the 43. Eliz. c. 2. f. 1. "The church wardens who shall be "of every parifh, and four, three, or two fub- appointed "ftantial householders there, as fhall be thought meet, OVERSEERS having refpect to the proportion and greatnefs of for the poor. "the fame parifh and parishes, to be nominated yearly in "Eafter week, or within one month after Eafter, under "the hand and feal of two or more juftices of the peace in the fame county, whereof one to be of "the quorum (a), dwelling in or near the fame parish or "divifion where the fame parifh doth lie, fhall be "OVERSEERS OF THE POOR of the fame parish." (a) By 26. Geo. 2. c. 27. " act, order, adjudication, warrant, indenture of apprenticeship,or other "inftrument, made, done, or executed B 2. The 66 by two or more juftices of the peace, which doth not exprefs that Stra. 1123. Overfeers may be appointed for particular townihips and villages, where the parishes are fo large that they cannot reap the benefit of the 43. Els 1. Lev. 142, 143. J. Salk. 123. 2. Salk. 486. If any overfeer fhall die,renove, or become infolvent, two justices may 2. The 13. & 14. Car. 2. c. 12. f. 21. RECITES, "that "the inhabitants of Lancashire, Cheshire, Derbyshire, "Yorkshire, Northumberland/hire, the bishoprick or Durham, Cumberland, and Hefimerland, and many "other counties in England and Wales, by reafon of the "largenefs of the parishes within the fame, cannot reap "the benefit of the said act of 43. Eliz. c. 2." and therefore IT ENACTS, "that all and every the poor, needy, impotent and lame perfons, within every township or "village within the feveral counties aforefaid, fhall "be maintained, kept, provided for, and fet on work, "within the feveral and refpective townships and 66 villages wherein he fhe or they fhall inhabit, or "wherein he the or they was laft lawfully fettled; AND "there fhall be yearly chofen and appointed, according "to the directions of the 43. Eliz. two or more over"feers, within every of the faid townfhips or villages respectively." 3. By 17. Geo. 2. c. 38. f. 3, "If any fuch overfeer hall die, or remove from the place for which he "was appointed, or become infolvent before the expiration of his office, on oath thereof made, it appoint another" fhall be lawful for two juftices of the peace to appoint another overfeer in his fead; who fhall con"tinue in office until new overfcers are appointed." in his place. 66 66 66 66 4. By 43. Eliz. c. 2. f. 8. "The mayors, bailiffs, or "other head officers of every town and place corporate, "and city, within this realin, being juftice or juftices of peace, fhall have the fame authority by virtue of this act, within the limits and precincts of their jurifdictions, as well out of the feffions as at their feflions, if they hold any, as is herein limited, prefcribed, and appointed to juftices of the peace of the county, or any two or more of them, or to the juftices of the peace "in their quarter feffions, to do and execute for all the "ufes and purposes in this act prefcribed, and no other juftice or juftices of peace to enter or meddle there." 46 "fhip, or other inftruments, made, to act within the fame, fhall be "intents and purposes as if one of the fid juftices had been of the "quorum." The practice, indeed, now is, to advance almost all of them to that dignity, naming them all over again in the quorum clauses except perhaps only fome one inconfi derable perfon, for the fake of propri ety. 1. Black. Com. 351. 5. By 43. Eliz. c. 2. "Every alderman of the city of Aldermen of London within his ward fhall and may do and execute, London. "in every refpect, fo much as is appointed and allowed "by this act to be done and executed by one or two 66 66 66 juftices of peace of any county within this realm. 3 two counties or 6. By 43. Eliz. c. 2. f. 9. "If it fhall happen any Overfeers of parish to extend itself into more counties than one, a parish exor part to lie within the liberties of any city, town, or tending into place corporate, and part without; that then, as well into two liber"the juftices of peace of every county, as alfo the head- ties fhall be "officers of fuch city, town, or place corporate, fhall appointed by "deal and intermeddle only in fo much of the faid the refpective parish as lieth within their liberties, and not any fur- magiftrates. 2. Bulftr. 351 ther; and every of them refpectively within their feveral limits, wards, and jurifdictions, to execute the "ordinances before mentioned, concerning the nomi"nation of overfeers and yet, nevertheless, the faid "churchwardens and overfeers, or the most part of them, "of the faid parithes, that do extend into fuch feveral "limits and jurifdictions, fhall, without dividing them"felves, duly execute their office, in all places within the “ said parish, in all things to them belonging." 7. By 43. Eliz. c. 2. f. 10. "If in any place within The juftices "this realm, there happen to be hereafter no fuch liable to penalty "nomination of overfeers yearly, as is before appoint for not appoint"ed, that then every juftice of the peace of the ing overfeers. "county, dwelling within the divifion where fuch Fort. 321. "default of nomination, fhall happen, and every Stra. 512. mayor, alderman and head officer of city, town, or place corporate, where fuch default fhall happen, "Thall lofe and forfeit for every fuch default FIVE POUNDS, to be employed towards the relief of the "poor of the parish or place corporate, and to be 86 levied by the church-wardens or overfeers, or any "of them, by diftrefs, by warrant from the quarter "feffions of the peace of the faid county, or of "the fame city, town, or place corporate, if they keep "feffions." II. The form of the appointment. 8. Rex v. Inhabitants of St. George's, Trin. 9. Geo. 1. They must be Fort. 320. The nomination of overfeers of the poor appointed over was, that fuch by name were appointed to fet the poor feers eo nomine. to work, &c. mentioning the feveral duties in the act, 4. Com. Dig but did not in exprefs words appoint them overfeers: 99. and for this reafon the nomination was quathed. B 2 9. Rex R. . GREAT ment muft ftate that they are fubftantial boufebolders; 9. Rex v. Great Marlow, Trin. 13. Gen. 1. Foley, 5. Two juftices of peace in Eagler week appoint A. and B. The appoint- overfeers of the poor of the town of Great Marlow. On appeal to the feffions, fuggefting that C. had a majority of the parishioners, the feflions appoint B. and C. overfcers. It was now objected, that the appointment of the feflions did not mention that they were fubftantial houfeholders; and that the juftices at feffions could make no new appointment, there being one before by two juftices of the peace. THE COURT thought the appointment of the feflions to be bad on both accounts, and ordered it to be quafhed. and alledge that they are fubftantial householders in the parish. 10. Cafe of the Overfcers of Heobly, Mich. 20. Geo. 2. 2. Str. 1261. Two fets of overfeers were appointed, and both quafhed, one, becaufe the perfons appointed were defcribed only as "principal inhabitants," inttead of Ld. Ray. 1394. pursuing the words of the ftatute 43. Eliz. c. 2. which 2. Seff. Cal. 52. are, "fubftantial householders;" the other, because it Carth. 161. only called them "fubflantial houfeholders," without 2. Burr. 1184. adding there or in the parish, and this too not in the 3. Burr. 316. 2.Ter.Rep.45. appointment, as it ought to be, but only in the direction at the foot of it. Same refolution, Rex v. Morral, Mich. 7. Geo. 2. MSS. (a). And abundance of other orders have by the king's bench been quafhed from time to time, for not fetting forth that the perfons appointed were "fubflantial househoiders." (a) 1. Seff. Caf. 233 But the words "fubftantial boufebolders" are to be he appointed, if 11. Rex v. Stubbs, East. 28. Geo. 3. 2. Term Rep. 406. The township of the monaftery of Konton Abbey confifted of three houfes, viz. the abbey houfe, with about four hunrelatively taken; dred acres of land, which was occupied by Mrs. Stubbs; and perfons a fmall houfe, with an acre of land belonging to it, occuthough poor may pied by one Milles, a poor man with a large family, and there are no fervant to Afrs. Stubbs; and a cottage with about five opulent houfe- rood of land, the property of, and occupied by, a poos holders in the day-labourer. Thefe three perfons were appointed overparish. feers of the poor; and it was objected, that the two men, on account of their poverty, were not fubftantial householders. But THE COURT held, that the words "fubftantial householder" is to be understood as a relative term ; and therefore, in a place where there were a great many opulent farmers, the appointment of a day-labourer might be improper; but in the prefent cafe, as there were no other (2) 1. Sid. 262. perfons to ferve (a), the appointment ought to be allowed. 1. Keb. 933. 2. Show. 75. e appoint NOTE, An appointment of overfeers is good, without It need not mentioning the justices to be of the divifion; for the So justices to be justices of the division. words |