Imatges de pàgina
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Their appointment.] The poor law commissioners may, by order under their hands and seal, direct the overseers or guardians of any parish or union, or of so many parishes or unions as the said commissioners in such order may specify and declare to be united for the purpose only of appointing and paying officers,-to appoint such paid officers,* with such qualifications as the said commissioners shall think necessary, for superintending or assisting in the administration of the relief and employment of the poor, and for the examining and auditing, allowing or disallowing of accounts in such parish or union or united parishes, and otherwise carrying the provisions of this Act into execution; and the said commissioners may define and direct the execution of the respective duties of such

* The word "officer," includes "any clergyman, schoolmaster, person duly licensed to practise as a medical man, vestry clerk, treasurer, collector, assistant overseer, governor, master or mistress of a workhouse, or any other person who shall be employed in any parish or union, in carrying this Act or the laws for the relief of the poor into execution, and whether performing one or more of the above-mentioned functions." 4 & 5 W. 4, c. 76, s. 109.

officers, and the places or limits within which the same shall be performed, and direct the mode of the appointment and determine the continuance in office or dismissal of such officers, and the amount and nature of the security to be given by such of them as the said commissioners shall think ought to give security; the commissioners also, when they may see occasion, may regulate the amount of salaries of the officers, the time and mode of payment, and the proportions in which the parishes or unions shall contribute to them. 4 & 5 W. 4, c. 76, s. 46. See R. v. Poor Law Commissioners, 11 Ad. & El. 558. R. v. Braintree, 10 Law J. 76, m.; 1 Q. B. 130. And the authority of the poor law commissioners in this respect, extends as well to parishes regulated by local Acts, as to those which are not. R. v. Poor Law Commissioners, re St. James's, Westminster, 20 Law J. 236, m. Also in unions under Gilbert's Act it has been holden that the commissioners have authority to order the guardians to appoint an auditor and clerk to the guardians, these being officers within the meaning of the above section, but they cannot assign to them other duties than such as are above mentioned. R. v. Poor Law Commissioners, in the matter of Allstonfield Union, MS. H. 1840; 11 Ad. & El. 558. Under this section, however, it was holden that the commissioners had no authority to order the guardians of a union to appoint a collector of rates for any particular parish in the union. R. v. Poor Law Commissioners, in the matter of St. Andrew's Parish, MS. H. 1839; S. C. 9 Ad. & El. 901; they have since, however, had authority to make such an order given to them by statute. 7 & 8 Vict. c. 101, s. 62. As to their power of removing such officers,-it has been holden by Erle, J., that the commissioners, by their order, may remove any paid officer, at their discretion, without giving him notice of their intention to do so, or hearing what he has to say in his defence. Re Teather and the Poor Law Commissioners, 19 Law J. 70, m. Also the commissioners cannot themselves appoint, nor can they order any other than the guardians to appoint, any of these paid officers. R. v. Hunt, 9 Law J. 86, m.; 12 Ad. & El. 130.

No person shall be eligible to hold any parish office, or have the management of the poor in any way, who shall have been convicted of felony, fraud, or perjury. 4 & 5 W. 4, c. 76, s. 48.

The commissioners may also by their order remove any master of any workhouse, or assistant overseer, or other paid officer of any parish or union, and require others to be appointed in their stead; and the person so removed shall not afterwards be appointed to any paid office without the consent of the commissioners. 4 & 5 W. 4, c. 76, s. 48. Nor

is he capable of being elected a guardian of the poor within five years after the date of his dismissal. 5 & 6 Vict. c. 57, c. 14.

As to the appointment of paid officers generally, the consolidated order of the poor law commissioners, 24th July, 1847, provides: :

Art. 153. The guardians shall, whenever it may be requisite, or whenever a vacancy may occur, appoint fit persons to hold the under-mentioned offices, and to perform the duties respectively assigned to them.

1. Clerk to the Guardians.

2. Treasurer of the Union.

3. Chaplain.

4. Medical Officer for the Workhouse.

5. District Medical Officer.

6. Master of the Workhouse.

7. Matron of the Workhouse.
8. Schoolmaster.

9. Schoolmistress.

10. Porter.

11. Nurse.

12. Relieving Officer.

13. Superintendent of Out-door Labour.

And also such assistants as the guardians, with the consent of the commissioners, may deem necessary for the efficient performance of the duties of any of the said offices.

Art. 154. The officers so appointed to or holding any of the said offices, as well as all persons temporarily discharging the duties of such offices, shall respectively perform such duties as may be required of them by the rules and regulations of the commissioners in force at the time, together with all such other duties, conformable with the nature of their respective offices, as the guardians may lawfully require them to perform.

Provided always, that every regulation applying to any officer holding his office under this order, shall apply to any officer of the like denomination appointed by the guardians, although such officer may have been appointed before this order shall have come into force.

Art. 155. Every officer and assistant, to be appointed under this order, shall be appointed by a majority of the guardians present at a meeting of the board, consisting of more than three guardians, or by three guardians if no more be present. Every such appointment shall, as soon as the same has been made, be reported to the commissioners by the clerk.

Art. 156. No appointment to any of the offices specified in Art. 153 shall be made under this order, unless a notice that the question of making such appointment will be brought

before the board has been given and entered on the minutes, at one of the two ordinary meetings of the board next preceding the meeting at which the appointment is made, or unless an advertisement giving notice of the consideration of such appointment shall have appeared in some public paper by the direction of the guardians at least seven days before the day on which such appointment is made: provided that no such notice or advertisement shall be necessary for the appointment of an assistant or temporary substitute.

Qualification required.] By the consolidated order,—

Art. 162. No person shall hold the office of clerk, treasurer, master, or relieving officer under this order who has not reached the age of twenty-one years.

Art. 163. No person shall hold the office of master of a workhouse, or matron of a workhouse having no master, unless he or she be able to keep accounts.

Art. 164. No person shall hold the office of relieving officer unless he be able to keep accounts, and unless he reside in the district for which he may be appointed to act, devote his whole time to the performance of the duties of his office, and abstain from following any trade or profession, and from entering into any other service.

Art. 165. No person shall hold the office of nurse who is not able to read written directions on medicines.

Art. 166. Provided always, that the guardians may, with the consent of the commissioners previously obtained, but not otherwise, dispense with any of the conditions specified in Arts. 162, 163, 164, and 165.

Art. 167. No person shall be appointed to the office of master, matron, schoolmaster, schoolmistress, porter, or relieving officer, under this order, who does not agree to give one month's notice previous to resigning the office, or to forfeit one month's amount of salary, to be deducted as liquidated damages from the amount of salary due at the time of such resignation.

As to the qualification of the surgeon, see post, p. 361; of the chaplain, post, p. 384.

Remuneration.] By the consolidated order,

Art. 172. The guardians shall pay to the several officers and assistants appointed to or holding any office or employment under this order, such salaries or remuneration as the commissioners may from time to time direct or approve.

Provided that the guardians, with the approval of the commissioners, may pay to any officer or person employed by such guardians a reasonable compensation on account of extraordinary services, or other unforeseen circumstances connected

with the duties of such officer or person, or the necessities of the union.

Art. 173. The salary of every officer or assistant appointed to, or holding any office or employment under this order, shall be payable up to the day on which he ceases to hold such office or employment, and no longer.

Art. 174. If no remuneration or salary be expressly assigned to the treasurer, the profit arising from the use of money from time to time left in his hands shall be deemed to be the payment of his services.

Art. 175. An officer who may be suspended, and who may, without the previous removal of such suspension, be dismissed by the commissioners, shall not be entitled to any salary from the date of such suspension.

Art. 176. The guardians shall not pay to any officer bound to account, to be hereafter appointed, who may have been removed, or who may be under suspension from his office, any salary claimed by such officer, until his accounts shall have been audited by the auditor.

Security, in what cases required.] By the consolidated order,

Art. 184. Every treasurer, master, matrou of a workhouse in which there is no master, collector, or relieving officer, every person hereafter appointed as clerk, and every other officer whom the guardians shall require so to do, shall respectively give a bond conditioned for the due and faithful performance of the duties of the office, with two sufficient sureties, not, in the case of any security to be hereafter entered into, being officers of the same union; and every officer who shall have entered into any such security shall give immediate notice to the guardians of the death, insolvency, or bankruptcy of either of such sureties, and shall, when required by the guardians, produce a certificate, signed by two householders, that his sureties are alive, and believed by them to be solvent ; and such officer shall supply a fresh surety, in the place of any such surety who may die, or become bankrupt or insolvent.

Art. 185. Provided that the guardians may, if they think fit, take the security of any society or company expressly authorized by statute to guarantee or secure the faithful discharge of the duties of such officers.

Art. 186. Provided also, that the guardians may, with the consent of the commissioners, dispense with such security in the case of any banking firm acting as treasurer, or in the case of a treasurer being a banker or partner of such firm. See Bamford et al. v. Iles et al., 18 Law J. 48, m.

Their continuance in office.] By the consolidated order,— Art. 187. Every officer appointed to or holding any office

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