overseer is to assist the overseers in large parishes in the performance of their duties.

Properly speaking, the duties of an assistant overseer should be specified at the time of his election. If this is not done, he will be deemed to be appointed generally to assist in the duties of an overseer. Generally speaking, he performs his duties in the same manner as an ordinary overseer (see ante). He must in all matters obey the orders of the overseer, or of the majority of them (7 & 8 Vict. c. 101, s. 61). The salary of an assistant overseer is paid out of the poor-rate. If his salary is increased, he must be reappointed (Holland v. Lea, 1854, 23 L. J. Ex. 122); but a reappointment is not necessary if the salary is reduced (Frank v. Edwards, 1853, 22 L. J. Ex. 42).

An assistant overseer remains in office until he is removed by the body which appointed him. The Local Government Board has also the power to remove an unfit or incompetent overseer (4 & 5 Will. Iv. c. 76, s. 48).

An assistant overseer cannot be a guardian (5 & 6 Vict. c. 57, s. 14), an overseer (29 & 30 Vict. c. 113, s. 10), or a parish councillor, nor a member of an urban district council nor town council, which have the right of appointing overseers (56 & 57 Vict. c. 73). If he is convicted of fraud, felony, forgery, or corrupt practices, his office becomes vacant (4 & 5 Will. iv. c. 76; 46 & 47 Vict. c. 55; 47 & 48 Vict. c. 70).

A master of a workhouse, except with the permission of the Local Government Board, is also disqualified (13 & 14 Vict. c. 101). An assistant overseer who suffers loss in point of salary, etc., through the Local Government Act, 1894, is entitled to compensation (West v. Wilts County Council, 1893, 10 T. L. R. 19).

Generally speaking, an assistant overseer [appointed under the Poor Relief Act, 1819] is not entitled to a superannuation allowance [unless a local Act is in force in the parish (see Mackenzie's Overseers' Handbook, pp. 42, 61)].

[Authorities.-The general duties of an overseer are defined in the Overseers' Handbook, 1906, 6th ed., by W. Mackenzie, to which the reader is referred, together with the diary, orders, and forms therein contained. See for history, Reeves, Hist. English Law; and see also Shaw, Parish Law, edited by Dodd; Steer, Parish Law; Burn, Justice of the Peace; Prideaux, Churchwarden's Guide, 16th ed.]

FORMS.

FORMS RELATING TO APPOINTMENT OF OVERSEERS AND
ASSISTANT OVERSEERS.

I.

APPOINTMENT OF OVERSEERS BY PARISH COUNCIL.1

Parish of

in the county of

At the annual meeting of the Parish Council of the above-named
Form suggested by Local Government Board (Memorandum of February

appointed overseers of the poor for the ensuing year.

Presiding Chairman.

Two Members of the
Parish Council.

Countersigned by

Clerk to the Parish Council.

Note.-An appointment in this or some similar form should be sent to each of the persons appointed. Hence, as many of these instruments must be made out and signed as there are persons appointed.

If the appointment is made to fill a casual vacancy the form should be adapted accordingly.

II.

NOTICE OF APPOINTMENT OF OVERSEERS TO GUARDIANS.1

Parish of

in the county of

To the Board of Guardians of the

Union.

We hereby give notice that at the annual meeting of the Parish Council held on the

and C. D. of

day of

19, A. B. of

were duly appointed to the office of overseers

of the poor of the parish for the ensuing year.

Whereas a vacancy in the office of overseer of the poor of the abovenamed parish has occurred by reason of the [state here “death” or other cause of the vacancy] of A. B. of

:

Now, therefore, we hereby give notice that at a meeting of the

1 Form prescribed by Local Government Board (Order dated February 9,

Parish Council of the above-named parish held on

day of

19, C. D. of

the

was duly appointed to the office of overseer of the poor of the parish for the remainder of the term of office of the said A. B.

Presiding Chairman.

Two Members of the
Parish Council.

Countersigned by

Clerk to the Parish Council.

IV.

APPOINTMENT OF OVERSEERS BY PARISH MEETING.1

Parish of

in the county of

At the annual assembly of the parish meeting of the above-named parish, held on

the

and C. D. of

seers of the poor of the parish for the ensuing year.

day of

19 A. B. of were duly appointed over

Note. An appointment in this or some similar form should be sent to each of the persons appointed. Hence, as many of these instruments must be made out and signed as there are persons appointed.

If the appointment is made to fill a casual vacancy the form should be adapted accordingly.

V.

NOTICE OF APPOINTMENT OF OVERSEERS BY PARISH MEETING TO GUARDIANS.2

Parish of

in the county of

To the Board of Guardians of the

Union.

We, the undersigned, hereby give notice that at the annual assembly of the parish meeting of the above-named parish, held on

duly appointed to the office of overseers of the poor of the parish for the ensuing year.

1895).

Presiding Chairman.
Two Parochial
Electors.

{

Form suggested by Local Government Board (Memorandum of February

2 Form prescribed by Local Government Board (Order dated February 9,

VI.

NOTICE OF APPOINTMENT OF OVERSEER BY PARISH MEETING TO GUARDIANS (CASUAL VACANCY).1

Parish of

in the county of

To the Board of Guardians of the

Union.

Whereas a vacancy in the office of overseer of the poor of the abovenamed parish has occurred by reason of the [state here the “death” a other cause of the vacancy] of A. B. of

Now, therefore, we, the undersigned, hereby give notice that at the assembly of the parish meeting of the above-named parish, held on the was duly appointed to the office of overseer of the parish for the remainder of the term of office of the said A. B.

day of

19, C. D. of

VII.

Presiding Chairman.
Two Parochial

Electors.

OVERSEERS' WARRANT OF APPOINTMENT BY JUSTICES FOR

URBAN PARISH,2

We, whose hands and seals are hereunto set and affixed, two of His Majesty's justices of the peace, acting in and

To Wit. {

for the said

householders in the said

to be [along with the churchwardens until the twenty-fifth day

of March next ensuing, and fourteen days thereafter, unless other overseers shall be previously appointed in their place.

Given under our hands and seals this the year of our Lord one thousand nine hundred and

1 Form prescribed by Local Government Board (Order dated February 9,

1895).

2 This form is of use only in urban parishes where the power of appointing overseers has not been conferred on some public authority.

3 Omit if there are no churchwardens.

of

above-named parish for the ensuing year.

this

Given under the common seal of the said Council at a meeting held

Whereas a vacancy in the office of overseer of the poor of the abovenamed parish has occurred by reason of the [state here "death" or other cause of the vacancy], of A. B., of

:

Now, therefore, we, the Council of the borough of

hereby appoint C. D. of

to be an overseer of the poor of the said parish for the remainder of the term of office of the said A. B. Given under the common seal of the said Council at a meeting held

Notice is hereby given that at a meeting of the Council of the borough