v. Wickes, 1 Burn, Ecc. L. 265, n.), or private baptism, is deemed sufficient; and unless the deceased have been found felo-de-se by a coroner's inquest, he is not within the other branch of this exception. 1 Burn, Ecc. L. 266. But even persons who are found felo-de-se by coroner's inquest, instead of being buried in the public highway, as formerly, are now to be buried in the churchyard or other burial ground of the parish or place in which by law or custom they might be interred (4 G. 4, c. 52, s. 1); but the burial service is not to be read over them. Id. s. 2. As to the burial of the bodies of paupers,-it is provided by the 7 & 8 Vict. c. 101, s. 31, that unless the guardians in compliance with the desire expressed by the pauper in his lifetime, or by any of his relations, or for any other cause, direct the body to be buried in the churchyard or burial ground of the parish to which the pauper was chargeable (which they are authorized by this Act to do), every dead body which the guardians, or any of their officers duly authorized, shall direct to be buried at the expense of the poor rates shall (unless the deceased person, or the husband or wife, or next of kin, have otherwise desired) be buried in the churchyard, or other consecrated burial ground, in or belonging to the parish, division of parish, chapelry, or place in which the death may have occurred. For the purpose of burial, the workhouse of the union and district school are constructively situated in the parish to which the poor person was chargeable, s. 56. In all cases of burial under the direction of the guardians or overseers, the fee or fees payable by the custom of the place in which the burial may take place, or under the provisions of any Act of Parliament, shall be paid out of the poor rates for the burial of each such body to the person or persons who by such custom or under such Act may be entitled to receive any fee, s. 31. As to contribution from union funds for the enlargement of any churchyard or consecrated burial ground, or towards the obtaining of any such consecrated public burial ground, and the right of the guardians to bury the bodies of paupers therein, see 13 & 14 Vict. c. 101, s. 2. As to the keeping of the registers of baptism, marriage, and burial, see stat. 52 G. 3, c. 146; and as to the punishment for making false entries in them, see 1 W. 4, c. 66, s. 20. See also the Acts for the registration of births, deaths, and marriages, and the regulations issued by the registrar general, under the authority of those Acts. As to the authority of the officiating clergyman of the parish to visit the workhouse, see stat. 30 G. 3, c. 49 (and the 4 & 5 W. 4, c. 76, s. 43). 3 Arch. J. P. 303, 8th Ed. COLLECTOR OF HIGHWAY RATE. How appointed, 38. Their duties, 38. How appointed.] The surveyor of any parish [township, &c.] by consent of the majority of the inhabitants in vestry, may appoint any number of collectors of the highway rate: and may remove any such collector and appoint another in his stead, and make such allowance to such collector out of the highway rates, as the inhabitants in vestry shall think reasonable. 5 & 6 W. 4, c. 50, s. 36. Security.] The surveyor is required to take security from every collector so appointed, for the due execution of his office of collector, to the full amount of the sum likely to be in the hands of the collector at any one time, and the security shall be by bond without stamp. Id. s. 37. Their duties.] It is their duty to collect, receive, and enforce payment of the highway rate. And they shall have the same powers, remedies, and privileges for levying and enforcing the payment of such rate, as the surveyor appointed under the Highway Act (5 & 6 W. 4, c. 50, s. 36); that is to say, the same powers, remedies, and privileges as the overseers of the poor in the parish have by law for the recovery of any rate made to the relief of the poor. Id. s. 34. See Morrell v. Martin, 11 Law J. 22, m. Charinton v. Johnson, 14 Law J. 299, m. As to the mode of proceeding for the non-payment of highway rate, see stat. 12 & 13 Vict. c. 14. And see 1 Arch. J. P. 582; 3 Arch. J. P. 268, 8th Ed. They must also account for the money received by them. By stat. 5 & 6 W. 4, c. 50, s. 38, every such collector appointed by virtue of this Act, shall, under his hand, and at such time and in such manner as the surveyor may direct, deliver to the said surveyor as aforesaid true and perfect accounts in writing of all monies which shall have been by such collector received by virtue of this Act, and also a list of the names of all such persons as shall have neglected or refused to pay their respective rates, and of the monies due from them respectively; and that every such collector shall pay all such monies as shall remain due from him to the said surveyor as aforesaid; and if any such collector shall refuse or neglect to make and render such account, or to produce and deliver up the list of persons neglecting and refusing to pay their rates as aforesaid, or to make payments as aforesaid, or shall refuse or wilfully neglect to deliver to the said surveyor as aforesaid, or to such person as he shall appoint to receive the same, within three days after being thereunto required by the said surveyor as aforesaid, by notice in writing under his hand given to or left at the usual place of abode of such collector, all books, papers, and writings in his custody or power relating to the execution of this Act, or to give satisfaction to the said surveyor as aforesaid respecting the same, then and in every such case, upon complaint made by the said surveyor as aforesaid of any such refusal or wilful neglect as aforesaid to any justice of the peace, such justice may and he is hereby authorized and required to issue a summons under his hand for the collector so refusing or neglecting, to appear before any two justices of the peace; and upon the said collector appearing, or having been so summoned and not appearing, without some sufficient or reasonable excuse, or not being found, it shall be lawful for the said two justices to hear and determine the matter;—and if upon confession of the party, or by the testimony of any credible witness on oath, it shall appear to such justices that any monies remain due from such collector, such justices may and they are hereby authorized and required, upon non-payment thereof, by warrant under their hands to cause such money to be levied by distress and sale of the goods and chattels of such collector; and if no goods and chattels of such collector shall be found sufficient to answer and satisfy the said money, and the charges of distraining and selling the said goods and chattels, then and in every such case such justices shall and they are hereby required to commit such offender to the common gaol or house of correction for the county, city, or place where such offender shall be or reside, there to be kept to hard labour for a period not exceeding six calendar months, or until he shall have paid such monies as aforesaid or compounded with the surveyor as aforesaid for such money (which composition the said surveyor, with the consent of the inhabitants in vestry, or, in any parish where they do not meet in vestry, with the consent of the inhabitants contributing to the highway rate, at a public meeting assembled, is hereby empowered to make and receive);—or if it shall appear to such justices that such collector had refused or wilfully neglected to render and give such accounts, or to produce and deliver the list of persons neglecting and refusing to pay their rates as aforesaid, or that any books, papers, or writings relating to the execution of this Act remained in the hands or in the custody or power of such collector, and he refused or wilfully neglected to deliver or give satisfaction respecting the same as aforesaid, then and in every such case such collector shall, on conviction thereof, forfeit for such offence any sum not exceeding twenty pounds, and in default of payment thereof shall be committed to the common gaol or house of correction for the county, city, or place where such offender shall be or reside, there to be kept to hard labour for a period not exceeding four calendar months, or until he shall have given a true and perfect account as aforesaid, and delivered such list as aforesaid, and delivered up such books, papers, and writings, or give satisfaction in respect thereof to the said surveyor :-Provided always, that no conviction or imprisonment of such collector as aforesaid shall exonerate or discharge any security taken from him on his appointment as aforesaid. 5 & 6 W. 4, c. 50, s. 38. COLLECTOR OF POOR RATE. 1. In parishes not in Union. In parishes not in union it is the duty of the overseers to collect the poor rate; they cannot employ a collector for the purpose, and pay him out of the parish funds. R. v. Gwyer and Manley, 4 Nev. & M. 158. But the inhabitants of any parish, in vestry assembled [or of any township, village, or place having separate overseers of the poor, and maintaining their poor separately, in a meeting of the inhabitants thereof, holden after due and legal notice, s. 35], may nominate and elect an assistant overseer (59 G. 3, c. 12, s. 7); and among the duties assigned to him, upon his appointment, may be and usually is, the duty of collecting the poor rate; and the vestry may require him to give security for the faithful execution of the office. See post, tit. "Assistant Overseer." 2. In parishes in Union. His appointment, 40. His qualification, 43. His accounts, 44. His appointment.] In parishes in unions, also, the vestry, in appointing an assistant overseer, may assign to him the collecting of the poor rate, if the poor law commissioners do not interfere, and order the guardians of the union to appoint a separate officer for that purpose. By stat. 2 & 3 Vict. c. 84, s. 2, the commissioners have authority to make such orders; -they have the same powers and authorities with respect to all such orders, and to the persons appointed in pursuance thereof, as they have with respect to orders made and issued, and the paid officers appointed, under the provisions of stat. 4 & 5 W. 4, c. 76; and every person appointed by guardians of the poor under any such order of the said commissioners, shall have the like powers, authority, privileges, immunities, protections, and remedies, in and for the performance of his duty under such order, as are by law given to overseers of the poor in performance of the like duty. 2 & 3 Vict. c. 84, s. 2. See post, tit. "Paid Officer." And if the board of guardians of any parish or union make application to the said commissioners, to direct the appointment of a paid collector of the poor rates in such parish or union, or in any parish or parishes of such union, it shall be lawful for the said commissioners, by order under their hands and seal, to direct the said board of guardians to appoint such a collector; and the said commissioners shall have the same powers with respect to such collectors as are given to them by stat. 4 & 5 W. 4, c. 76, with respect to paid officers; and all powers of the inhabitants of any parish in vestry assembled, or of justices of the peace, or of any persons, other than the board of guardians of such parish or union, to appoint any collector for any such parish as aforesaid, and (except when otherwise directed by the said commissioners) all appointments under such powers, shall cease. 7 & 8 Vict. c. 101, s. 62. See R. v. Greene et al., 21 Law J. 137, m. But by sect. 61, reciting that it was expedient that such collectors should in certain cases be invested with other of the duties of overseers of the poor, it was enacted that the inhabitants in vestry assembled of any parish situated within the district for which any collector or assistant overseer appointed under any order of the said commissioners now acts, may appoint such collector or assistant overseer to discharge all the duties of an overseer of the poor, in addition to those of collector of poor rates for such parish, and in the same manner as if he were appointed thereto as an assistant overseer under the provisions of stat. 59 G. 3, c. 12; and wherever any such collector or assistant overseer has been or may be appointed under any order of the said commissioners, and whilst the said order remains in force, the powers of any vestry or parish officers, or of any other persons, other than the board of guardians of such parish or union (if a board of guardians have been constituted), to appoint any collector or assistant overseer, and (if so directed by the said commissioners) every appointment under such powers shall cease: provided always, that where the appointment of such assistant overseer shall have been made under the powers of any local Act of parliament of a parish containing more than twenty thousand persons, such appointment shall continue, and the powers of such local Act, as to any future appointment of an assistant overseer, shall be exercised, but subject always to the powers of the poor law commissioners, notwithstanding the provisions of this Act provided always, that no overseer shall be discharged by the appointment of any such collector or assistant overseer from his responsibility for the provision and supply of monies necessary for the relief of the poor, or for any of the purposes to which the rates made for the relief of the poor may be by law |