Page images
PDF
EPUB

dered contri.

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.

bundreds with

42.

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 " hundridused 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.

[merged small][merged small][ocr errors][merged small]

377. .

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.'

[blocks in formation]

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

upon

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."

[ocr errors]

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

justices,

SXFXMAN BO- justices, upon complaint of the officers of the parish of
* in Sussexv; Bolney, made an order that the parishioners of Sherman-
TNE PARISH Of
BOLNIY.

bury should continue to pay the three thailings a week
towards the maintenance of the children; and, on appeal
to the sessions, this order was affirmed. But, being re-
moved by certiorari into the court of king's bench, it was
moved to quash it, because the justices of Bolney had no
power to make an order for such payment towards the
maintenance of the children now they dwell in another
parish.—THE COURT. The marriage of the mother into
the parish of Bolney shall not settle her children there un-
less they were nurse children, for such must go with the
mother; but it was doubted whether these children, being
under seven years of age, shall be reputed to be nurse
children.-It was then objected, that it did not appear
in this cafe but that the father-in-law was of fufficient
ability:-To this it was answered by G. EYRE, Justice,
that where the relations are obliged to maintain their
poor friends, such poor people shall not be removed out
of their own parish, where they are settled, unto that parish
where their relations live; for by that means, upon the
death of such relations, the parish where they lived may
become chargeable, which ought not to be; and therefore
the poor person shall continue in his own parish, and his
relations ihall maintain him there.-ET PER CURIAM.
This case is within the equity of the statute for the relief of
the poor; and there is no reafon that Shermanbury should

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
made a rate upon the grandmother of so much a week.-
'The order was therefore qualbed.

Purnal's

maintenance capnar dircel the

febria the per

da rande.

386. Rex

« PreviousContinue »