and C. D. of were duly appointed to the office of overseers of the poor of the above-named parish for the ensuing year. L. S. XI. Town Clerk. NOTICE OF APPOINTMENT OF OVERSEER BY BOROUGH COUNCIL TO GUARDIANS (CASUAL VACANCY). 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 above named parish has occurred by reason of the [state here "death" or ther cause of the vacancy], of A. B. of : Notice is hereby given that at a meeting of the Council of the borough of of was duly appointed to the office of overseer of the poor of the said parish for the remainder of the term of office of the said A. B. Town Clerk. FORMS RELATING TO THE APPOINTMENT OF ASSISTANT OVERSEERS. XII. ASSISTANT OVERSEER'S APPOINTMENT BY PARISH COUNCIL. Parish of Parish Council, held on the in the county of At a meeting of the day of resolved that parish [for years, dating from one thousand nine hundred and be appointed assistant overseer of the said ].1 It was further resolved that his duties be as follows:-[here state the duties definitely if the person appointed is not to be a full deputy for the overseer. If he is to be a full deputy, add the words "all such duties as belong to the office of overseer of the poor"], and that the salary of the said payable be £ Countersigned by Presiding Chairman. (Two Members of the Parish Council. Clerk to the Parish Council. 1 If the appointment is for any definite time, state this; if indefinite, leave out the words in brackets. an assistant overseer of the above-named parish [at a salary, &c., payable, &c.]. The duties to be executed and performed by the shall be as follows:-[Here describe the duties.] Given under the common seal of the said Council at a meeting held said this do hereby revoke the day of 19, of A. B. of as an assistant overseer of the above-named parish. Given under the common seal of the said Council at a meeting held L. S. Town Clerk. 1 If a poll be taken for the filling of the office, insert in place of the words "parish meeting" the words "poll of the parochial electors.' The duties must be prescribed so that the electors know what they are voting for. If the appointment is for any definite time, state this; if indefinite, leave out the words in brackets. Overt Act.-See TREASON. Overtaking Ship.-See COLLISIONS AT SEA, Vol. III, at pp. 105, 175. Own.-In the provision of Order 16, r. 11, of the R. S. C., 1883, to the effect that "no person shall be added as a plaintiff suing without a next friend or as the next friend of a plaintiff under any disability without his own consent in writing thereto," own is an abbreviated mode of expressing what is expressed in sec. 34 of the Common Law Procedure Act, 1852, which provides that the plaintiff must consent by writing under his or her hand." Accordingly the consent in writing of the party's solicitor on his behalf, signed by the solicitor, though written and signed in his presence, is not sufficient to bind him (Frier v. Van Grutten, [1896] 2 Ch. 649). "The word own in the rule has been introduced to emphasise the language. . . the object being to prevent mistakes occurring, and so that a plaintiff or next friend should not incur liability for costs without his own written authority" (per Lindley, LJ, loc. cit.). Owner. The word owner is frequently used in statutes and specially in the various Building Acts and Local Management Acta The word as used in the Metropolitan Building Act has been interpreted in the following among other cases :-Owner in sec. 3 of 18 & 19 Vict. c. 122, includes a lessee, whether he have a legal or equitable title only, so long as he has power to let the houses (Caudwell v. Hanson, 1872 L. R. 7 Q. B. 55); and as regards the owner's liability for fees to surveyor, owner means the owner for the time being when such fees become due (Tubb v. Good, 1870, L. R. 5 Q. B. 443); on the other hand, the incumbent of a church in the metropolis is not the "owner" of the church within the meaning of the part of the Act dealing with dangerous structures (R. v. Lee, 1878, 4 Q. B. D. 75; but see also Folkestone v. Woodward, 1872, L. R. 15 Eq. 159, a case as to a building line where a perpetual curate, in whom the freehold was vested, was held the "owner"). The Ecclesiastical Commissioners as owners of the unconsecrated portion of land that has been conveyed to them for building a new church, were held not "owners liable to paving expenses" (Plumstead Board of Works v. Ecclesiastical Commissioners, [1891] 2 Q. B. 361). For interpretations of the word under the Metropolis Management Acts and the Local Government Acts, see the following cases-Plas stead Board of Works v. British Land Co., 1875, L. R. 10 Q. B. 16, 203; Pound v. Plumstead Board of Works, 1872, L. R. 7 Q. B. 183 (both cases on "owners of land"); and cp. Angell v. Vestry of Paddington, 1868 L. R. 3 Q. B. 714; School Board for London v. Vestry of St. Mary, Islington, 1876, 1 Q. B. D. 65; Williams v. Wandsworth Board of Works, 1884, 13 Q. B. D. 211; Wright v. Ingle, 1886, 16 Q. B. D. 379. See as to "owners for the time being" held liable under a colonial Act, Syday Municipal Council v. Terry, [1907] A. C. 308. "Owner" in the Nuisances Removal and Sanitary Acts includes any person receiving the rents of the property in respect of which the word is used from the occupier of such property, on his own account or as trustee or agent for any other person. Where a lessee underlets the upper part of a house, the person who receives rent from the lessee and not from the under tenant who occupies the premises on which there is a nuisance, is not the "owner" within the Acts (Cook v. Montagu, 1872, L. R. 7 Q. B. 418). By various sections of the Artizans' and Labourers' Dwellings Act, 1868, notices are to be served upon the owner, and owner for this purpose is defined by the Act as including "all lessees or mortgagees of any premises required to be dealt with under the Act, except persons holding or entitled to the rents and profits for a term of years of which twenty-one years do not remain unexpired. A tenant of a new lease for twenty-one years, although he has in law but an interesse termini, has nevertheless such an interest as to make him the owner within the provision of the Act (R. v. Vestry of St. Marylebone, 1887, 20 Q. B. D. 415). See also the definition of "owner in the Housing of the Working Classes Act, 1890, 53 & 54 Vict. c. 70, s. 29, and in the Lands Clauses Act, 1845, 8 Vict. c. 18, ss. 3, 7. A vestry acquiring an open space in a square whereof the roads are streets within the Metropolis Management Acts, is the "owner" of the open space, and liable to pay a proportion of flagging the footway of the roads (St. Mary, Islington v. Cobbett, [1895] 1 Q. B. 369). And this holds good although the vestry acquire the space on the express condition that it shall be used as a public garden, and if not so used shall be reassigned to the original grantor. So in the case of a council which erected a bandstand in public gardens, and a refreshment place which was let to a public contractor (Fulham Vestry v. Minter, [1901] 1 Q. B. 501), but otherwise where, though small profits were derived from herbage, the general expenses of upkeep far exceeded the income (London County Council v. Wandsworth Borough Council, [1903] 1 K. B. 797). And a cemetery company, abutting on whose consecrated land a new street is made, are owners within the provisions of the Act, and liable to contribute to expenses of paving (Vestry of St. Giles v. London Cemetery Co., [1894] 1 Q. B. 699). As to who are owners within the Public Health Act, 1875, see Bowditch v. Wakefield Local Board, 1871, L. R. 6 Q. B. 567; and Hornsey District Council v. Smith, [1897] 1 Ch. 843 (and cases there cited); Hackney Corporation v. Lee Conservancy Board, [1904] 2 K. B. 514; Hampstead Borough Council v. Midland Rly. Co., [1904] 2 K. B. 802. And as to the use of the words in the London Building Act, 1894, "adjoining owner," see List v. Tharp, [1897] 1 Ch. 260. An injunction will be granted to restrain a building owner from proceeding with his works without the statutory notice to a person who has entered upon land and erected buildings under an agreement for a lease, though no lease has been executed, such intending lessee being an adjoining owner for the purposes of the Act (ibid.). For other cases on the word "owner" generally, see Glen's Public Health, 1906 ed., vol. i. pp. 278 et seq., and for owner under the London Building Acts (Amendment) Act, 1905, 5 Edw. VII. c. ccix.; Emden's Building, etc., Statutes (Matthews and Ball), 1907 ed., pp. 559 et seq. Oxgang.-In Old English law, so much land as an ox could till; according to some, fifteen acres (Co. Litt. 69a). According to Balfour the Scotch oxengang or oxgate contained twelve acres; but this does not correspond with ancient charters. VOL. X. 16 Oyer and Terminer.-In addition to the general commis sion of oyer and terminer always sent to the justices of assize (see CIRCUITS AND ASSIZES), a special commission might be, and often was, issued by the King to certain individuals named in it, directing them to inquire, on the oath of honest and lawful men in the county, into the truth of some special trespass or other wrong of which complaint had been made to the Government, and of the names of the malefactors. Frequent instances will be found, e.g. in the Calendar of Patent Rolls, temp. Edw. 1. (London, 1898). It was provided by the Statute of Westminster the 2nd, 13 Edw. 1. c. 29 (1285), that commissions of oyer and terminer should be issued only to justices of either bench, or justices in eyre, unless it were for an heinous trespass, where it was necessary to provide speedy remedy, and the King thought fit of his special grace to grant it. And Statute 2 Edw. III. c. 2 (1328), enacted that they should not be granted but before justices of one bench or the other, or justices errant, and that for great hurt or horrible trespass, and of the King's special grace (see Hawkins' Pleas of the Crown; [Carter, English Legal Institutions, 3rd ed., p. 121]). Oysters.-Oysters are the subject of property when laid of growing in a private fishery, even on the foreshore, if it be within territorial waters; and appropriation of them in such a case is punishable as a misdemeanor, under sec. 26 of the Larceny Act, 1861, where the bed, laying, or fishery is sufficiently marked out and known as private (and see 31 & 32 Vict. c. 45, ss. 51, 52, 55). Owners of a fishery may proceed in rem against the owner of a ship which, through negli gence, has grounded and caused damage (The Swift, [1901] P. 168) There is no prescriptive right either in a public body or a private person to discharge sewage into the sea, so as to contaminate oysters in private oyster beds (Foster v. Warblington Urban Council, [1906] 1 K. B. 648). Oyster fisheries of this kind may be acquired by prescription or proof of an immemorial user, and do not fall within the rule against the legality of claims of a profit à prendre in alieno solo (Goodman v. Saltash (Mayor), 1881, 9 App. Cas. 633; and see Mills v. Colchester (Mayor), 1868, L. R. 3 C. P. 575; In re Free Fishers of Faversham, 1887, 36 Ch. D. 328). See FISHERIES. They may also be acquired by direct grant from the Crown, or by lease from the Commissioners of Woods and Forests. Under the Sea Fisheries Act, 1868, 31 & 32 Vict. c. 45, orders creating such fisheries for a period not exceeding sixty years, and vesting them in particular promoters, may be granted by a Secretary of State after a proper local inquiry (31 & 32 Vict. c. 45, ss. 29-50; 50 & 51 Vict. c. 52, s. 2 (3)). The order may be for a several fishery, or merely a right to regulate the mode of working a general fishery for oysters. Where the fishery is several, the order vests in the promoters all oysters within its limit (31 & 32 Vict. c. 45, ss. 51, 52). Mussels and cockles are included! (see Fisheries Act, 1884, 47 & 48 Vict. c. 27). The order may not abridge or take away any right of several fishery or any right over the seashore, enjoyed under a local or special Act, or by royal charter, letters patent, prescription, or immemorial usage, unless the possessor consents (31 & 32 Vict. c. 45, s. 48). The statute supersedes an Act of 1866 (29 & 30 Vict. c. 85) as to oyster and mussel fisheries, but keeps alive orders made under that Act The orders made are collected, up to 1893, in the Appendix to the Index to Statutory Rules and Orders, and since then in tables at the end of |