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Overseer

parish, rate, poor, duties, relief, list, poor-law, overseers and justices

OVERSEER, an officer appointed by justices of counties or boroughs, for parishes under the 43 Eliz., 2, and for townships under the 13 & 14 Car. II., 12. They cannot be less than two nor more than four for one parish or township. Churchwardens are ex-officio over seers of the poor. The duties of a paid assistant-overseer are identical with those of an overseer, so far as they may be specified in the warrant of justices, appointing the former under the 59 Geo. Ill , 12, s. 7, on account of the amount of the population, the extent of the parish, or other difficulties, rendering the office of overseer onerous and troublesome. Before the passing of the Poor-Law Amendment Act, (4 & 5 Will. IV., c. 76) it was the business of an overseer as well to expend as to make out and collect the poor-rates. Where no select vestry existed, he was judge of the necessities of applicants for paro chial relief, an appeal in case of refusal lying before magistrates in petty sessions. For an account of the abuses which arose from the trust the law formerly confided to overseers, see the article Poon-Law, and the report of the commissioners for inquiring into the adminis tration of the poor-law, published in 1834.

The 4 & 5 Will. IV., c. 76, commonly known as the Poor-Law Amendment Aet. limited the authority of au overseer of the poor, by transferring to a board of guardians such portion of his duties as related to ascertaining fit objects for parochial relief, the amount of relief to be given, and the manner of giving it. With such services he has now little to do. His first business on ertering upon his office is to obtain from his predecessors the parish books and documents and to coliect outstanding arrears of poor rates, if any. If he have reason to believe that any demand for money will be made upon him by the guardians, he should forthwith make a poor rate, which must be signed by a majority of the parish officers, allowed by the justices and published A poor rate is due from every person assessed, immedi ately after it is published, and if any person refuse to pay the rate, after a proper demand made upon him, the same may be enforced by distress and sale of the goods of the defaulter. If there should be no goods to distrain upon, the defaulter may be committed to prison for three months, unless the rate be sooner paid. The rate may be appealed against at the next special sessions, after it is made, on tile ground of inequality or incorrectness; and if the overseers have a good defence, it will be their duty to defend the rate at the sessions. If they have no valid defence, they should at once consent to the rate being quashed or amended by the justices, as the case may require. If it should be quashed they should then proceed to make a fresh rate, avoiding the errors which led to the quashing of the former rate.

An overseer is only to give relief to the poor " in any ease of sudden or urgent necessity;' and, as soon as ho is able, is to report to the relieving-officer his having given such relief. The relief may not be

given in money, but only in articles of absolute necessity. At the end of each half-yrarsthe overseer will receive a notice from the district auditor, to attend him in order that his accounts may be examined and audited. He should take with him to the audit all his parish books, letters, and papers, to any of which reference may possibly be made. Ho is to manage and collect the rents of parish property, and he has various duties cast upon him by statute and by the general consolidated order of the Poor-Law Board, in connection with the annual election of a guardian, or guardians, for his parish. Those duties will be found fully set out in Mr. Glen's collection of I'oor-Law statutes and Poor-Law Board orders; and aro much too voluminous to come within the limits of the present article.

With regard to registration. his business is as follows :—On tho 20th of June in each year, he will affix on the church dour a notice, directing fresh claimants for votes to make formal claim in writing to the overseer on or before the 20th of July. His next step ie to make out for each parish an alphabetical list of the names of all persons already in the register, together with those of all dal:mute. This list must be completed by the last day of July, and affixed or the church or chapel, and, if there be no church or chapel, in some conspicuous situation, on the two first Sundays in August. Ho must give copies of this list for a reasonable payment, if required. On or before the 25th of August, objections to votes may be received. An alphabetical list of objections is to be posted, as before, on the two Sundays next preced ing the 15th of September. When the revising barrister holds his court, it will bo the duty of the overseer to attend. His expenses arising from his duties connected with registration are defrayed from the poor-rate. So far with regard to registration of county voters. Overseers of a parish situated in a borough, by the last day of July, without any claims being made, must make an alphabetical list of per sons having a 10/. qualification in respect to premises situated in their parish. A similar list of freemen must be made where freemen are entitled to votes. These lists must he fixed as above. Claims from persons omitted and objections are received on or before the 25th of August, and lists of these claims, &c., are to be posted on the two Sundays next preceding the 15th of September. The forms according to which overseers are to frame their notices are to be found in the acts of parliament whence their obligations arise. The limits of this article do not admit of the duties of an overseer of the poor being fur ther enlarged upon ; the reader is therefore recommended to consult the publications of the learned gentleman before referred to, which are the standard works on the subject.