serve the office, and the justices usually issue a precept, requiring it to be done; and the Court of King's Bench will grant a mandamus to compel justices to make an appointment.

If two appointments are made on the same day, that which is prior in time is good, and the other a nullity. 1 Bott, 21 pl. 37. but an appointment made and not carried into effect by a delivery of such appointment to the parties, will not supersede an appointment regularly made by other magistrates subsequently, and delivered to the overseers appointed. Rex v. the Inhabitants of Twickenham. Trin. Term, 48 Geo. III. M. S...

The justices' appointment must be under hand and seal, and should pursue the words of the statute appointing the persons "overseers," and by no other term'; it must also state them to be substantial householders in the parish, and that the ap pointment is for the parish, &c. that it is made in the division or place in which the magistrates have jurisdiction, and the time for which they are appointed must be inserted. 4 T. R. 778.—It must be signed and sealed by the justices in each other's presence, it being a judicial act. When an appointment is once properly made, no other justices can alter it. 2 E. R. 244. nor can the justices who made it; and the only remedy is to procure the discharging of the party by appeal to the sessions. Ibid. and parishioners as well as the persons appointed may appeal against the appointment.

3 T. R. 38. The appeal must by 17 Geo. II. c. 38, s. 4, be to the next general or quarter sessions, but the order of sessions may be removed by certiorari to the King's Bench, and that court will grant the writ to remove the order in the first instance without an appeal to the sessions. 2 E. 247.

An overseer refusing to take upon himself the office may be indicted, but he must have due notice of his appointment. 2 E. 249. 7 Mod. 410. and if an overseer act fraudulently, or do not provide for the poor, or do it unnecessarily or improperly, he may be indicted.

The duty of overseers as set forth in 43 Eliz. c. 2, is with the consent of two justices to set to work the children of parents incapable of maintaining them, and of persons married or unmarried having no means to maintain themselves, and incapacitated by sickness or other just excuse to be allowed by two justices; and such overseers to meet once a month at least in the church on Sunday in the afternoon, after divine service, to consider of the course to be taken herein, under a penalty for each default, or being negligent in their office, of 20s. to the poor, (unless reasonable cause shewn); the penalty to be levied by some or one of the churchwardens or overseers by distress warrant of two justices; and if no distress, such justices may commit the offender to the common gaol till the penalty is paid, but appeal allowed to the general quarter sessions. s. 1, 2, 6, 11. but the penalty for not meeting in the church is not

to be inflicted on overseers of extra-parochial places. 8 Mod. 40. Their other duties are to make a rate for the relief of the poor, to ascertain what poor they are bound to maintain, to administer to their wants, and to remove such persons, (not being legally settled), as may become chargeable; at the expiration of their appointment, to pass their accounts, and deliver over any balance to their successors.

The majority in number can in all cases act; a poors' rate may be made by them without the concurrence of the inhabitants; and the Court of King's Bench by mandamus will compel the parish officers to make a rate if necessary. 1 Barnard, 137.

Overseers should immediately on their appointment get the accounts of the late overseers adjusted, and the balance of monies paid over. By 17 Geo. II. c. 28, it is enacted, "That the Churchwardens and Overseers of every Parish, Township and Village shall, within fourteen days after Overseers shall be appointed for the Year ensuing, deliver in to such succeeding Overseers a just, true and perfect Account in writing, fairly entered in a Book to be kept for that purpose, and signed by them, of all Sums by them received, or rated and assessed and not received; and of all Goods, Chattels Stock and Materials in their Hands, or in the Possession of the Poor of the said Parish, to be wrought or worked; and of all Monies paid by them the said Churchwardens and Overseers so account

ing, and of all other Things concerning the said Office."

If there is any doubt or difficulty as to the obtaining such account or balance, the overseers should apply to the magistrates, who will grant a summons to the late overseers for that purpose.

On the return of the summons, the magistrates will direct such steps to be taken as the necessity of the case may require, viz. by committing the parties to the common gaol, until they do account, &c. or by allowing any reasonable time to enable them to do it.

A commitment by two justices of the peace of an overseer for not duly accounting held good, though committed until he should be discharged by due course of law, and not until he should account, &c. 3 Mau. and Sel. 203. If the overseers after the allowance of their accounts by two justices at a special sessions and an order to pay over the balance, which order is confirmed on appeal, refuse to pay such balance, the two justices may issue a distress warrant under 50 Geo. III. c. 49, on application of one of the succeeding overseers, though the rest of the parish officers refuse to concur in such application. 2 Mau. and Sel. 343.

Overseers may sue on bond given to indemnify the parish against a bastard child, and the suit shall not abate by reason of the change of overseers. 54 Geo. III. c. 170, s. 8.

If an overseer remove from the parish and ano

ther is appointed in his stead, he shall deliver up all his books, &c. and pay the balance of monies in his hands to the succeeding overseers; or if he dies, his executors or administrators shall, within forty days after his death, deliver up the accounts and pay any balance due from him; but if any money is due to the late overseer, the succeeding overseers are compelled to reimburse it out of any rates to be collected, although the rate must not be made for that express purpose. 41 Geo. III. c. 23. but overseers cannot charge in their accounts money paid as a salary to one of the overseers. 2 Mau. and Sel. 323.

Overseers having performed all the duties of their office, must at the expiration of the year for which they were appointed, by 17 Geo. II. c. 28, deliver within fourteen days after new overseers are appointed, to such succeeding overseers, a just, true and perfect account in writing, fairly entered in a book, which account must be verified on oath before one justice, who shall sign and attest the taking thereof, at the foot of the account.

If the churchwardens bave acted as overseers of the poor, and any part of the account relates to payments made or money received by them, they must also join in the oath, and their names must be joined in the allowance by the justice.

Though overseers are appointed for several years successively, they must, nevertheless, annually account, and in such annual, account: the ex