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Buller ;

for the appellants to make their opposition, but that they

should have waived and appealed against the overseers' (s) Mr. Judice accounts:-THE COURT (a) agreed the objection might Willes, have been taken to the overseers' accounts, but that it Mr. Justice

was also proper nown for that the inhabitants were agMr. Justice

grieved as soon as the money was improperly assessed

upon them, without waiting till it was raised and exLord Mans. pended. But the order of ietiions was quashed, because YIELD abfeat. the appeal was not to the next feffions fublequent to the (b) Vide this publication of the rate (6). point, ance, page 239. pl. 241,

IV. Of the payment of the balances Justices may

294. The Case of the Borough of Banbury, Mich: 2. Jac.2. order the over. Skinner, 258.-There are four adjacent towns within the fuer to make a parish of Banbury, and there is an overseer within each distribution,

town, and an overfoer also within the borough; they all join in one account, and there is but one rate made for all the parish, but the overseers of each particular towni collect and pay the money within such town. A person who is tenant of lands in one of these towns lives in the borough, and is affessed by the overseer of the borough for lands within the town, and paid to the overseer of the borough, and the like is done in the other towns; fo that the overseer of the borough had a surplusage for the poor within the borough, and the overseers of the towns wanted money for the poor within the towns, though the poor within the towns were less than the poor within the borough. And upon this the justices ordered that there Thould be a distribution made; and this order being removed was confirmed, this case being held not within

the statute 13. & 14. Car. 2. c. 12. the jufticos

295. Rexv. Churchwardens of Topfham, Hilary, 10.Will. 3. who cake the

2. Salk. 484.-Three justices took the account of the accounts of the churchwarden, &c. of Topham for the year 1697, and admake an order judged that fixty-nine pounds was thereuponi due from for them to pay then to the said parish, for the re-payment whereof to the balance to the succeeding overseers for the year 1698 the justices the fucceeding made an order ; to which it was objected, that the jufoverseers.

tices have no power to make such order, but only to issue warrants to diftrain, But THE COURT held the order to be well made.

If overseers

296. Tacuney's Cafe. Hilary, 2. Ann. Id. Raym. 1011. have laid out their own

-Tawney, being overseer of the poor, laid out his own money upon the maintenance of the poor, they may, previously to their going out of office, make a rate for the relief of the poor, and reimburse themselves out of it; but cannot make a rate professedly to reimburse themselves, nor can a rate be made to reimburse them after they are out of office

money

levied upon

If a

money in their relief, and being turned out of his office TAUSET'S before the end of his year, obtained a mandamus directed

Cast. to the church wardens, &c. to reimburse him. Upon the return being made, it was argued, that there could be no such charge or command either by the 43. Eliz. c. 2. or at common law.-Holt, Chicf Justice. The statute 43. Eliz. c. 2. directs a method for the relief of the poor, by way of rate made by the officers with consent of the parishioners, and Tawney has disbursed his money without any rate ; bat he cannot disburse what money he thinks fit. The statute never intended to give the over(eers such an authority, for then they might dispose of the parish money as thicy please. If new poor come into a parish after a rate mate, the parishioners must maks a new rate to supply them. The justices have a superintendency by the act is to poor's tates, and the method appointed by the act mult be pursued. The poor's rate must be made for relief of the poor, and not to reine burse overseers ; though, if they have laid out inoney be. fore, they may reimburse themselves out of the money

such rate: it is not material whether the money be disbursed before or after a rate is made. rate be made, and accidents happen which raise the necessary sum higher, no doubt but the overseers may ditburse so much as the rate falls short, and afterwards reim burse themselves out of a rate made for the relief of the poor; and they must not be their own judges in that case, but ought to apply to the justices, who will certainly confirm such rate. Iawney should have made such a sate while he continued in his office, and if the justices had fefused to allow it, a mandamus Thould have been issued against them. Tawney must bring an action against those who turned him out of his office. There is no necellity that an overseer should pay money out of his pocket, for the churchwardens and overseers, with the confirmationi of the justices, may order a sum of money to bę levied for the maintenance of the poor without the concurrence of the parish (and may levy the money by distres) (a). He (4) 6. Mc. Thould have made a rate during his own time ; he laid out his money at his own peril.-- The wtit was quaihed.

297. Reg. v. Ware, Mich. Term, 11. Ann. Foley, 10.-IT Overseers canoni WAS RESOLVED, that the justices, or the seffions, have riot be reimbursed authority to order the parish to reimburse the overseors after they are after they are out of office (two years in the present cafe), s. c. pert, pia because otherwise a person who comes into a parish after

298. the overseers year is expired, might be charged to the Expences of the year,

299. Rex

(verseers re• 298. Reg. v. Turner, Easter, 9. Ann. Vin. Abr. title Poor, fusing to pay

418.-If accounts are adjusted, and the overseers refuse the balance not to be committed to pay the balance, they cannot be committed immediately, immediately.

þut a warrant must issue to diftrain upon them, and upon

the return thereof there may be a commitment; and so it (a) Ante, page

was determined in Walrond's Cafe, before LORD CHIEF 260. pl. 234. JUSTICE King, at Devon aflizes, 1719 (a).

The lemon, on 299. Reg. v. Ware, Alich. 11. Ann. MSS.- A copy of an appeal made the special orders and rule of court in this case. At the of a deceafede Epiphany feftions for Hertfordshire in 1711 an order was overseer, ftating made in these words : “ WHEREAS at the last general an omifTion in quarter sessions of the peace holden for this county on the accounts of Monday in the first week after the Featt of St. Michael the (oftator,

" the Archangel, viz. on the first day of Oriober last past, cannot order the succeeding

“ before Richard Helder, Richard Gouldstone, esquires, and overseer to pay

others her majefty's juftices of the peace for this county, the sumn ro (amongst other things) IT WAS ORDERED by this court pinilted, al.

“in manner and form as follows, iiz. Upon complaint though found

“ made to this court by Thomas Petrit, of Ware, within to be due, and consented to be this county, bargemaster, fole executor of Susan Town, paid by the “ late of rare aforesaid, widow, deceased, who was the parish. " late wife and fole executrix of Thomas Town, late of Ware S. C. 10. Mod. " aforesaid, likewife deceased, that the faid Thomas Town 104.

“ was in his lifetime legally nominated and appointed one S. C. Sett, and

" of the overseers of the poor for the faid parish of IVare: Rem. 48. $. C. Foley, 19.

“ that he executed the office for one whole year: that in “ execution thereof he the said Thomas Town laid out, "" disbursed, expended, or was otherwise out of pocket, “ the fun of fixteen pounds fix thillings and ten-pence “ more than he ever had or received from the said parish: " that the said fixteen pounds fix shillings and ten-pence

was never paid or fatisfied either to the said Thomas Town or Sujan his faid late wife and executrix in their “ refpective lifetimes, or to the said Thomas Petritt fince " their deaths, although the same liath often been made “ fully appear to be fairly and justly due, and the same " allowed of, ordered, and promised to be paid by the in“ habitants of the faid parish of Ware at several veftries “ held for the said parish and otherwise: and that he the " said Thomas Petuit cannot get the said money of the pa“ rishioners of the said parish of Ware, although he hath “ often applied himself to them for it. Now, UPON THE “ PRAYER of the said I bomas Pettitt for relief in the before“ mentioned premises, this court doth therefore order, that " the said Thomas Petrilt, and the churchwardens and “overseers of the poor for the said parish of Ware, do

forth

“ forthwith attend Philip Boteler, Edmund Field, and Ris.v.Wars. William Berners, esquires, three of her majesty's justices « of the peace for this county, with all accounts, papers, “ and evidences relating to the faid debt of fixteen pounds “ fix shillings and tenpence; which said justices are hereby “ desired to hear all parties concerning the said debt, and “ to examine into and itate the fame, and to report the « fame in writing unto this court at the next general “ quarter feffions of the peace to be holden for this scounty, “ at which time all the parties concerned are hereby or“ dered to attend, to the end that this court may then “ make such further order relating to the premises as shall “ be thought fit AND WHEREAS the said William Ber

ners, Philip Boteler, and Edmund Field, esquires, the u three justices of the peace named in the said order, did “now, in pursuance of the same, deliver into this court “their report in writing, under their hands, writ on the “faid order, in manner and form following, viz. Pur“ suant to the above order, we the justices in that behalf " therein named have met, and all parties attending with " their accounts and papers, and we having inspected the “fame, and examined several witnesses on oath in relation “ to the matters referred, do find, that Mr. Thomas Town, “in the order named, and his partners, overseers of the

poor of Ware, for the year one thousand fix hundred

ninety and seven, at a vestry held for that parish the zoth “ day of May 1698, had their accounts passed, allowed, "and signed by the then minifter and many other of the “principal inhabitants of the said parish : that the ba“ lance of their faid accounts was duly answered to the “parish, save as to the sum of 41. 1os. 1d. which neither "fully appeared to have been paid, nor did it appear that

ever the parish objected to the non-payment thereof: " that, by mistake, Mr. Town having omitted in the said “account to charge 161. 168. rod. by him actually laid “out in relation to his office, upon application to the “ parish the same was examined into, and at three several " subsequent vestries, the first held the ninth day of Nou vember 1698, acknowledged and certified to be juftly

due, and allowed to be reimbursed ; all which appeared

under the hands of Mr. Humphry Ives, and many other “ of the principal inhabitants allembled at the said veftry: " that allowing the parish the above sum of four pounds

ten shillings and one penny, we find twelve pounds fix « shillings and ninepence ftill due and unpaid of the said * fuin of fixteen pounds sixteen shillings and tenpenec,

T

" which

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R26. WARZ.“ which twelve pounds fix shillings and ninepence, we

“conceive, ought to be reimbursed by the parish. AND “WE DO FARTHER FINI), that Mr. Thomas Pettitt, in « the said order named, is duly intitled to the sum of " twelve pounds fix shillings and ninepence in such right “as in the said order is in that behalf fee forth (the pro“ bates of the several wills in the order to that purpose “ mentioned being produced before us at our faid mett“ing); all which, in obedience to the said order, we do .“ hereby certify and report. Dated at the George Inn 46 at Ware this fixth day of November 1711, anno segni Ann. reg. decimo. Will. Berners, Philip Boteler, Edmund .“ Field. Now, UPON READING the said report, and fully “hearing all parties and all allegations as well for the faid " Thomas Petritt as for the inhabitants of the faid parith " of Ware, This Court is of opinion, that the said re« port fo made to this Court by the faid William Berner's, « Philip Boteler, and Edmund Field as aforesaid, is jutt and

true; and this Court doth allow thereof; and doth ad“ judge, that there is now juftly due and owing unto the « said Thomas Pettitt, as executor and for the purposes “ aforesaid, the sum of twelve pounds fix fhilings and “ninepence from the said parish of Ware; and doth

therefore order, that the said justices report be, and is

hereby confirmed. And this Court doth further or“ der, that the church wardens and overseers of the poor “ of the said parish of Ware, or some or one of them, do “ forthwith pay, or cause to be paid, to the said Thomas Pettitt, the lum of twelve pounds fix shillings and nine

pence to due to him from the faid parith of Ware as “aforefaid; and this shall be their warrant and discharge " for to doing."--The rule of the Court of King's Bench is, that the orders against the defendants be quashed for insufficiency (a).

One overster 300. Rex c'. Limehouse, Easier, 1. Gco. 1. Foley, 22.may be ordered There was a cultom in that parish for the churchwardens to reimburse another out of

to pay the cafual poor, as they called them, and the overmoney already raised.

(a) In the report of this case, Fo- preceding year in another pa rifh. ley, 10. the order of feilians is said

But lvy 17. Geo. a. C. 38. f. 11. the to be qualhed because the justices succeeding overseers are directed have no such authority; for if they to levy ali arrears of any assessment had, a person who was not then an for the relief of the poor, and out of inhabitant might be charged to pay the money fo levied to reimbus fe their to the poor: as if a man.come into predeceffors all sums expended fer the the parish after the overseer's year use of the poor, and allowed to be due 'is over, he would be charged to to them in their accounts. Vide t'ie cxpences that he was at in the ante, page 258. pl. 267.

feers

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