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such and such; and being thus arpointed, the order was
quashed. One of the vills 373. Anonymous, Hilary', 8. Ann. Folev, 25.-Two jufin the same pa- tices made an order. The case was thus : There were rish may ba or- two vilis in one parish, and the order recited that one of the
It vills was very rich, and the other vill very poor, &c. bute to the relief of the other was objected, that one vill ought not to contribute to the vill,
relief of another vill, because the statute mentions parishes only.-By The Court. Surely this will come within the equity of the statute, though the statute only makes
mention of parishes. Parishes in acily 374. Gase of St. Benedia's, Hilary, 8. Ann. Foley, 43: nce to be made an order was made by two justices to anless the parishes contributory.
of St. Stephen and St. Magdalen, in Norwich, in aid of the parish of St. Benedict, which was not able to maintain its own poor. Obie tion was now made, that theie parishes are not within the same hundred; they are in Norwich, where there is no hundred, and therefore the justices have no jurisdiction by the 43. Eliz. C. 2. f. 3.-PER
Holt, Chief Justice. The order niuft be quashed. Extra-paro- 375. Rex v. Boroughfon, Easter, 10. Geo. 1. Foley, 37.chial place. An order was made by two justices to make a place charge
able to the poor of another parish. FIRST OBJECTION, That this was an extra parochial place.-Sed non allocatur: the act mentioned any place. SECOND OBJECTION, There was a distress warrant granted at the same time the order was made.-PER CURIAM. Order muit be confirmed.
31. Mod. 208.
Any divifion 376. Rex x. Miland, Easter, 31. G20. 2. Burr. 576.equivalent or Two justices make an order for tahing the tithing of Milsynony nous to land in aid of the parih of St. Peter's, in the same county; in the starure.
which was confirmed at the sessions, who fate upon their
order, that the tithing of Millard lies in the fanie liberty Foley, 3d edit. of the foke with the laid parish of St. Peter. It was ob
jected, that it does not appear that the places are in the 14. Viner, 416. fame hundred (as required by the 43. Eliz. c. 2.); that
“libcrty” and “ jcke" are vague terms, and not equivalent to the known legal term “ hundred ;" but perhaps the liberty may extend into several hundreds.—But THE COURT did not consider themselves as bound down by the particular word " hundrid” used in the act; but that if any division be called by any name synonymous or equivalent to that of hundred, it must be equally within the intention of the act. But having sent the matter back to the feflians to be more particularly stated, and upon the return it appearing to be fubftantially an hundred, the Court affirmed both orders.
1. The statutes. Y 43. Eliz2. f 7.
" The father and grand. Poor persons “ father, and the mother and grandmother, and thall be relieved * the children of every poor, old, blind, lame, and im- by their parents
or children. " potent person, or other poor person not able to work,
2. Bullt. 344, being of a sufficient ability, shall, at their own charges, “ relieve and maintain every such poor person in that
manner, and according to that rate, as by the justices "s of peace of that county where such sufficient persons " dwell, or the greater number of them at their general
quarter-sessions, shall be assessed, upon pain that every “ one of them shall forfeit twenty shillings for every month “ which they shall fail therein.'
378. By 43. Eliz. C, 2. f. 11. “ Such penalties and for- The penalties “ feitures shall go and he employed to the use of the levied for dir
poor of the same parish, and towards a stock and habi- obeying an or.
tation for them, and other neceffary uses and relief, der of mainte“ and shall be levied by the faid churchwardens and the relief of the “ overseers, or one of them, by warrant from any two poor.
justices of the peace, or mayor, or alderman, or head “ Officer of city, town, or place corporate, respectively * within their several limits, hy diftress and fale thereof as " aforesaid (a); or in defect thereof, it shall be lawful for (a) Vide ante,
any twofuch justices of the peace, and the said alderinen page 201. ple " and head officers within their several limits, to commit 190. " the offender to the common gaol, there to remain “ without bail or mainprize till the said forfeitures shall ** be fatisfied and paid.'
Popish parents 379. By 11.& 12. Will. 3. C. 4. f. 7. “ To the end that refusing to allow as the protestant children of popish parents may not in the their protestant « life-times of such their parents, for want of fitting child a fitting maintenance, “ maintenance, be necessitated, in compliance with their the lord chancel-“ parents, to embrace the popish religion contrary to lor shall make as their own inclinations, BE IT ENACTED, That if any order therein,
“ such parent, in order to the compelling such his or “ her protestant child to change his or her religion, shall “ refuse to allow such child a fitting maintenance suit. “ able to the degree and ability of such parent, and to “ the age and education of such child, then
com“ plaint thereof made to the lord high chancellor of “ England, or lord keeper of the great seal, or commif“ fioners for the great feal for the time being, it shall be “ lawful for the said lord chancellor, lord keeper, or “ commissioners, to make such order therein as fhall be
“agreeable to the intent of this act," y wil parents 380. By 1. Ann, ft. I. c. 30. “To the end that suffito allow their
cient maintenance be provided and allowed for the protestant chil. “ children of Jewith parents who shall turn protestants, dren a fitting maintenance.
BE IT Enacted, If any Jewish parents, in order to
" the compelling of his or her protestant child to change Vide the care of « his or her religion, shall refuse to allow such child q de Breta, poit.
“ fitting maintenance suitable to the degree and ability pl. 387. and “ of such parent, and to the age and education of such pl. 401. “ child, then (upon complaint thereof made to the lord
“ high chancellor of England, or lord keeper of the great
seal, or commissioners for the great feal for the time “ being) it shall and may be lawful for the said lord “ chancellor, lord keeper, or commissioners, to make such “ order therein for the maintenance of such protestant “ child as he or they shall think fit."
II. The jurisdiction of the fifions.
The justices of
381. Rexv. Reve, Mich. Term, 7. Car. I. 2. Bulft. 344. the diftri& in --The defendant was brought to the bar upon a babeas which the party corpus. It appeared by the return, that he had been com
mitted by virtue of a warrant from a justice of the peace order of main. tenance is made for the county of Middlesex, because he being the reputed dwells, alone grandfather of one Benjamin Gregory, a poor fatherless and have jurisdic. motherless child, maintained at the charge of the parish ion,
of St. Giles in the Fields, and being alo a man of ability, had refused to maintain or provide for the child, or to fand sureties for his appearance at the next quarter-felfigns for the county of Middlesex. It was moved to dis
charge charge the defendant, because the defendant lived and in- Rixv. Revt. habited in the town of Eye, in the county of Suffolk; that he came to London not to relide, but to follow some luits which he had in the star-chamber; and being there, he was apprehended by this warrant in the county of Middlesex ; that the quarter-feffions of Middlesex have not any power by 43. Eliz. c. 2. to make any order in this case, the party inhabiting the county of Suffolk; and therefore aļl which has been here done is coram non judice.-The Court(a). (2) Jorts and It is very reafonable that he, being of sufficient ability, CR0*,Jafice Thould contribute to support his grandchild; but he is not compellable to do it by the courfe which has been taken in the prefent cafe: the child refides here in the parish of Sed vide port, St. Giles, which is in the county of Middlesex, and there-ionira, fore the contribution must be here ; but the party who is to pay this contribution resides in the county of Suffolk. “The juftices of the peace for the county of Suffolk may make an order in this case, and thereby cause the money to be sent from thence to the parish of St. Giles ; þut the quarter-feffions of Middlesex have no authority in this case. The Court therefore ordered the defendant to be bound over to appear at the next quarter-sessions to be held for the county of Middlesex; and upon his entering into recognizance for this purpose he was difcharged,
the rate of main
382. Rex v. Humphries, Mich. Term, 24. Car. 2. Styles, The justices at 154.—The Coust was moved to quash an order of sef- fefsions must fet fions made at Derby for parents to relieve their poor children. The exception taken was, That the 43. Eliz. cannot delegate
tenance, and Ç. 2. appoints that the justices in feffions shall set the rate their authority. that is to be paid for their maintenance, which the justices here have not done, but have transferred their authority over to other justices to do it, which they cannot do'; and so the order made by the justices is not good.-TAE COURT said, This is all one as if an arbitrator should arbitrate another to make the arbitrament, which is not good; therefore let the order be quashed
383. Shermanbury in Sussexv, the Parish of Bolney, Trinity The justices Term, 5. Will. & Mary, Comb. 279:-A poor man who cannot remove was legally settled in the parish of 'Bolney, married a wi- poor persons dow who was, at that time, an inhabitant of the parish parish to that of Shermanbury, and had three children living by her where the relafirst husband, all of whom were under the age of seven tions live who years, and maintained by the parish of Shermanbury, are to maintain at the allowance of three millings a week. After this them. marriage the mother and the three children were sent to the parish of Bolney, where the husband was settled. The
from their cwn
SXFXMAN BO- justices, upon complaint of the officers of the parish of
bury should continue to pay the three thailings a week
be discharged of the children by their mother's marriage. An order of 384. Rex v. Charnock, Hilary, 9. IVill. 3. Comb. 418.maintenance
The defendant was indicted for not performing an order must be made at
of sessions requiring him to relieve and maintain his son's Aquarter and rot at a general fer- wife. The indi&tment being removed into the king's ton. bench was quashed, because įt stated the order to have,
been made at a general feffion, and not at a quarter-leffioni
for by the 43. Eliz. c. 2. f. 7. the justices are only emCafe, Salk. 476. powered to make an order in this case at their generat where the fame quarter-filans; and they may hold other general feflions point is deler than those four quarter-leffions, which they are required miaga,
to hold by the itatute of 2. Hen. 5. st. 1. C. 4. An erder or
385. Rex v. Jones, Trinity Term, 9. Aun. Foley, 53:
This was an order for the grandmotbir to take care of her paper in de grandchildren ; and by the order the grandchildren were
sent to the grandmother.— THE WHOLE COURT were Ron on whom it unanimous, that they could not send the grandchildren
to the grandmother ; but that the justices ought to have
maintenance capnar dircel the
febria the per