OVERSEERS of the poor. By 43 Eliza beth, c. 2, § 1, the churchwardens of every parish, or two substantial house holders, to be nominated yearly in Easter week, or within one month after Easter, under the hand and seal of two justices of the peace of the county, shall be over seers of the same parish. In general all persons are liable to serve, with some ex ceptions as to peers of the realm, clergy men, parliament men, attornies, practis ing barristers, the president and mem bers of the college of physicians, sur geons, and apothecaries free of the hall ; dissenting ministers, prosecutors of fe lons, having a Tyburn ticket, and sol diers actually serving in the militia. In extensive parishes a greater number of overseers are appointed under 13 and 14 Charles II. c. 12, § 21 ; and by 17 Geo. II. c. 38, if an overseer dies, removes, or be comes insolvent, the justices may appoint another, and their appointment is subject to appeal to the sessions. By 43 Eliza beth, c. 2, § 2, overseers shall, within fourteen days after the appointment of new ones, deliver to them an account, tet be allowed by two justices, and pay over balances due from them, which, if not paid, may be levied by distress, and the party committed to prison by the justices until the balance is paid, and the account delivered in ; and by 17 George II. c. 38, the account is to be verified by oath. If he removes, the overseer is to account in like manner. If he dies, his executors have forty days to account, and must pay the balance before any other debts. Their duty consists in raising the poor's rate, taking care of the poor, giving re lief to casual poor, and removing persons who come to settle in a tenement under 101. a year, &c. without a certificate. They are also to bind out the children of poor persons, and in that case the in fant parish apprentice and his master cannot vacate the indentures without the overseers. They also are to procure or
ders of maintenance of bastards to be made, and bonds to be taken from the reputed father to indemnify the parish. It has been usual for overseers in those cases, instead of taking a bond of indem. nity, to accept of a sum of money, and discharge the father. But this has been lately held to be illegal, because it gives the overseers an interest to procure the death of the child. In cases of removal also overseers should be careful not to ex ecute the order in a harsh or improper manner, for if a person die in conse quence of a removal at a time of sickness, the overseer may be guilty of murder, and liable to an indictment. Overseers also should not improperly conspire to force persons who are with child of bas tards to marry, and relieve the parish, for this also is indictable. By 17 George II. c.38, if any person shall be aggrieved by any thing done or omitted by the church wardens and overseers, or by any of his Majesty's justices of the peace, he may, giving reasonable notice to the church wardens or overseers, appeal to the next general or quarter sessions, where the same shall be heard, or finally determin ed ; hut if reasonable notice be not given, then they shall adjourn the appeal to the next quarter sessions ; and the court may award reasonable costs to either party, as they may do by 8 and 9th Wil liam, in case of appeals concerning set tlements. See Poom By 43 Elizabeth, c. 2, § 2, they forfeit 20s. on neglecting to meet, in the vestry one Sunday in the month ; and by 13 and 14 Charles II. c. 4, forfeit .51. for refusing relief to a person duly removed by warrant of two justices. By 9 George III. c. 37, 7, they are to forfeit 103. or 20s. fbr pay ing the poor in bad money.