was made at the 359. Anonymous, Eafter Term, 10. Will. 3. 5. Med. 397. An order taxing Anoriginal order was made at the feffions to this effect:-a parifh in aid, "IT APPEARING to this court, that the parish of Dim- ftating that it "church, in the hundred of Worth, being over-burthened with ffions, is void; "poor, and that the parish of Eaftbridge, within the fame for fuch order "hundred of Worth, having no poor relievable within muft originate "the faid parish, IT IS ORDERED, that the faid parifh with two juftices. Eaftbridge be from henceforth annexed to the faid parish "of Dimchurch, and that the occupiers of lands and tene"ments within the faid parish of Eaftbridge be chargea"ble and contributory towards the relief of the poor of "the faid parish of Dimchurch the fum of twenty pounds of a year, by monthly payments, fo long as the faid parish "fhall be overburthened, and no poor within the faid pa"rish of Eaftbridge." A motion was made to quash this order because it was in the nature of an act of parliament. But it was quafhed because it was an original order, and it fhould have begun with two juftices. 4 two juftices 360. The Cafe of the Inhabitants of Boroughfen, Trinity, An order by 9. Ann. Foley, 27.-Upon a motion to quafh an order of muft ftate the two juftices, exception was taken, that it does not appear poor parish to upon the order that the parish that is charged to aid the be in the fame parish that is not able to maintain its own poor is within hundred with the fame hundred: and by the unanimous opinion of THE the parish rated. Vide S. C. poft. WHOLE COURT the order was for this reafon quashed. pl. 363. 369. 361. Anonymous, Hilary, 8. Ann. Foley 25.- An order An order rating was made by two juftices under the 43. Eliz. c. 2. f. 3. one vill in aid The cafe was this: There were two vills in one parish, of another, reand the order recited that one of the vills was very rich, rich vill did not citing that the and the other very poor; and further, that the vill which pay fo much as was rich did not pay half fo much to the poor as the poor the poor vill, vill did. It was objected, that the reafon given in this without faying order for charging the rich vill to contribute to the poor rated to the vill is uncertain, viz. because they do not pay half so much as the poor vill does, without fhewing that either vill uncertainty. pays any thing to the poor.-BY THE COURT. This S. C. Burn's order must be quafhed for the uncertainty. that either was poor, is bad for Just. 652. 362. Rex v. Inhabitants of Telfcombe, Trinity, 5. Geo. 1. The order muft Strange, 314-PER CURIAM. The order for the con- ftate a fum certributory parish to make a rate at fix-pence in the pound tain and not a is ill for uncertainty; it should have been to raise fuch a the pound. certain fum: and the order was therefore quafhed. rate at fo much in 363. Rex v. Boroughfen, Trinity, 12. Geo. 1. Foley, 26. The order muft —An order was made upon one parish to relieve the poor contributory fhew that the parish is out of the parish to which the aid is given. REX. of another. An objection was taken, that it does not appear BOROUGHFEN. by the order but that Boroughfen is within the parish of St. John the Baptist, in aid of which they are rated.--Per CURIAM. You must fhew that Boroughfen is out of the Vide this cafe parish of St. John the Baptift, or the juftices have no jupoft. page 308. rifdiction: and for this objection the order was quafhed. An order made order to the con trary," is bad. 700. S. C. 2 Seff. Car. 52. 354. Cafe of the Borough of Marlborough, Eafter, 12. by two juftices Geo. 1. 16. Viner, 416.-An order was made by the justo contribute tices of the borough for the parish of St. Peter's to pay to until we fee fit to the officers of St. Mary twenty pounds weekly, "till we the faid juftices fhall fee fit to order to the contrary.' It was objected, FIRST, That it does not appear that the S. C. Strange, parith of St. Mary is overburthened with poor: but that was over-ruled, for the order follows the words of the ftatute. SECONDLY, It is faid, they are justices of the town and borough; and it appears upon the order, that the parith of St. Mary is within the borough, but not within the town and borough: but by the Court, they are juftices of both. THIRDLY, The order is, " until we fhall fee fit to order to the contrary;" whereas the act does not give the justices any fuch authority, and it is in effect making a perpetual order; for if one of the juftices die, or be removed, no other juftice can alter it: and it was quashed upon this laft objection. S C. Foley, 59. S. C. 3. Burn, 652. levy a certain 365. The Cafe of the Parish of St. Peter and St. Paul, An order direating the Trinity, 12. Geo. 2. Strange, 1114.-Two juftices, rechurchwardens citing the inability of St. Mary the Virgin to maintain its and overfeers to own poor, ORDER the churchwarden of St. Peter and fum is bad; for St. Paul to affefs, raife, and levy fixty pounds for the mainthe juftices can- tenance of the poor of the other parish. An objection not delegate was made to their ordering fuch a grofs fum; but the their authority. Court, upon the authority of 1. Vent. 350. Salk. 480. Comb. 309. held it well in that refpect. But the order was quafhed, becaufe the juftices had delegated their power of affeffing and rating the parishioners to the churchwardens and overfeers; whereas by 43. Eliz. c. 2. f. 3. the juftices are to make the rate on all or on particular perfons. Viner, 341. III. Rating parishes within THE HUNDRED. 366. The Cafe of the Parish of St. Rumbald's, Mich. 2. Jac. 2. Skinner, 258.-In the argument on this cafe it was faid, that the juftices may affefs particular perfons; and a cafe was remembered in Pemberton's time, where it was was fo ruled. In the cafe alfo of the borough of Banbury, CASE OF ST. determined the fame Term, HOLT, then Recorder, cited RUMBALD'S, the cafe of a parish in Cambridge, Mich. 32. Car. 2. in which, after having been divers times argued, it was determined, that the juftices might tax particular perfons of another parish where the proper parith is over-burthened. 367. Anonymous, Viner's Abr. title Poor, 431-In a The next parish city, when one parish is not able to relieve their poor, within the hunthe next parish, being able, is to aid them with a weekly dred is first to allowance; but when the caufe ceafes, fuch allowance is to cease alfo. be rated in aid. Blakerby, 260, 368. Rex v. Eafichurch, Hilary, 9. Will. 3. 2. Salk. 480. -An original order was made at the quarter feffions, fet- particular perJuftices may tax ting forth, that whereas the parish of Dimchurch was over- fons, or the burthened with poor, and that the parish of Eastchurch whole parish, had no poor, the parish of Dimchurch should be annexed Comb. 242. to the parish of Eastchurch, and that the occupiers of land 309. there fhould contribute twenty pounds per ann. by equal monthly payments, to Dimchurch, as long as that should be over-burthened with poor and Eaftchurch have none. To this order it was objected, that the juftices of peace cannot alter and annex parishes to one another; and secondly, that the feffions cannot make an original order. -HOLT, Chief Juftice. There are two ways by the 43. Eliz. c. 2. to make one parifh contribute to the maintenance of the poor of another, viz. the juftices may tax particular perfons in aid to that parish which cannot relieve its own poor, or they may affefs the whole parish in a certain fum, and leave it to the churchwardens, &c. to levy the fame on particular perfons, which was well done in this particular cafe; but fo much as concerns the annexing of parithes is void, and the reft good.-But THE COURT took time to advise. cular inhabi. tants who are 369. Rex v. Occupiers of Land in Boroughfen, Trinity, Juftices may 12. Geo. 1. MSS.-An order was made by two juftices charge partion the ftatute 43. Eliz. c. 2. f. 3. to charge fome particular inhabitants in an extra-parochial place in Boroughfen owners of lands to contribute to a rate for the relief of the poor of the in an extra. parish of St. John the Baptift in Peterborough, which was parochial place not able to provide for its own poor.-MR. SERJEANT within a parish PENGELLY and MR. REEVES moved to quash this order, parish in relief on the ground that the ftatute 43. Eliz. c. 2. only autho- of its poor. Comb. 6, 242. 309.. 1. Vent. 350. Lutw. 1566. z. Bulit. 354. Skin. 253. 2. Seff. Caf. 53. to aid another Lutw. 156. rifes the juftices to tax any other parish within the fame BOROUGHFEN. hundred with the parish which makes the complaint; but that by the prefent order the rate is charged on particular land owners in Boroughfen, who have no method of reimburfing themfelves, when all the inhabitants of Boroughfen ought to have been taxed; for otherwife the juftices out of private refentment may throw the load of fuch a rate upon particular perfons and free the reft, which would be diftributing unequal juftice. Befides, Boroughfen has a numerous poor of its own, and other perfons in the hundred are at little or no charge from their poor, fo in reafon these parishes fhould have been charged with this rate, as the best able to pay it. They alfo objected, that the order was wrong, because it did not state that Borough4. Vent. 350. fen was a parish, but merely that it was a place fituate and lying within THE HUNDRED aforesaid.-On the other fide it was contended, that the words of this ftatute being that the juftices may "tax, rate, and affefs any other of other parishes," they are thereby impliedly empowered to tax any other perfon; and therefore as the exception taken goes to the validity of the act itself, it is of no confideration. As to the fecond objection, it appears with reafonable certainty, that Boroughfen lies out of the parish of St. John's, because it has a different name-RAYMOND, Chief Justice, FORTESCUE,and REYNOLDS (abfente Powis), Juftices, were of opinion, that this was a hard and unreasonable order, fince particular perfons of other parishes would be much exposed to the mercy of the juftices; and that fuch a power was hardly to be trufted with them, for they may rate fome and excufe others altogether as well able to pay. But the words of the ftatute are very ftrong. There are two ways by the 43. Eliz. c. 2. to make one parish contributory to the poor of another, viz. the juftices may either tax particular perfons in aid to the parish which cannot relieve its own poor, or they may affefs a whole parish in a particular fum, and leave it to the churchwardens and overfeers to levy a contribution, which may be in grofs by adjacent parishes yearly.-THE COURT gave judgment on the second objection, that Boroughfen is not faid in the order to be another parish, and for Vidc ante, pl. any thing that appears it may be a vill in the fame parish of St. John the Baptift, or no parish at all. And for this reason the order was quafhed. Comb. 242. 306. IV. Rating parishes within THE COUNTY. 370. Anonymous, Shaw's Juft. 42.-In case a parish is An order rating not able to maintain its own poor, two juflices may tax parishes within the county must be made at the feffions, Nelson, 533. Viner, 431. any any other parishes within the hundred toward their relief; ANONYMOUS. and if the hundred be not of ability to relieve these parifhes, the juftices in feffions may tax any other parish or parishes within the county. charge a parish 371. Rex v. Percivall, Trinity, 3. Geo. 1. Strange, 56.— It is not necefThe juftices in feffions tax certain parishes in the hun- fary that te dred of A. in aid of the parish of B. in the hundred of C. juftices fhould OBJECTION was made, that the statute gives no authority hundred incaadjudge the to the feffions to charge people out of the hundred, till pable to contritwo juftices have enquired whether any parish in the bute, before she hundred can contribute; the first application to be to two feffions can justices, and the fecond to the feffions.-PARKER, Chief out of the hunte Juftice. I do not fee to what purpose it would be for the dred. juftices to make an order only to adjudge that no parish Salk. 480. in the hundred is able to contribute; we will prefume the feffions is fatisfied of that; and if two juftices fhould make fuch an adjudication, yet the feffions muft enquire into the truth of it; and if no order appears which charges any parish within the hundred, it is a fufficient ground for the feffions to act. If two juftices had charged any parish within the hundred, that would have stopped the feffions from proceeding. The fufficiency of the hundred depends on this, Whether two juftices have ever charged the hundred? If two juftices fhould adjudge the hundred not able, yet if other two juftices adjudge the contrary, their charge would be good, and the feffions be oufted of their jurifdiction, notwithstanding their first determination.-EYRE, Juftice. Here are two jurifdic- Salk. 67. 491. tions, that of the juftices and that of the feffions, and they 1. Vent. 174. are both original jurifdictions: they are different in all refpects; for the two juftices have no power out of the hundred, nor the feffions in it,-Order confirmed, V. Of the diftricts or divifions liable to be affeffed, may be taxed to 372. Rex v. Clarendon Park, 16. Viner, 431,-When The inhabitants inhabitants of an extra-parochial place are taxed towards of an extra-pathe relief of the poor of an adjoining parib, the tax must rochial place be by poll, every particular inhabitant by himself; but the relief of an where it is laid upon a hundred it is otherwise, because adjoiningparisk. there are officers who may proportion what every body 2. Salk. 486, is to pay. But at another day THE COURT held, that 2. Lev. 142. the reafon was, because the parishes were taxable by them- 4. Mod. 157. felves at common law, and that in the faid cafe the inhabitants of an extra-parochial place may be taxed in general, and that they may proportion the particulars upon every inhabitant; or the tax at firft may be laid upon every perfon by himself; but the justices cannot appoint two perfons to do this, and that the money fhall be levied on X 3 fuch 251. I. Mod. |