One of the vills rith may be or dered to contribute to the re fuch and fuch; and being thus appointed, the order was quashed. 373. Anonymous, Hilary, 8. Ann. Folev, 25.-Two jufin the fame pa- tices made an order. The cafe was thus: There were two vilis in one parish, and the order recited that one of the vills was very rich, and the other vill very poor, &c. It was objected, that one vill ought not to contribute to the relief of another vill, becaufe the ftatute mentions parishes only. BY THE COURT. Surely this will come within the equity of the ftatute, though the ftatute only makes mention of parishes. lief of the other vill, Parishes in a city not to be made contributory. Extra-parochial place. Any divifion equivalent or fynonymous to bundreds within the ftature. Foley, 3d edit. 42. 16. Viner, 416. 1. Mod. 268. 374. Cafe of St. Benedict's, Hilary, 8. Ann. Foley, 43.— An order was made by two juftices to affefs the parishes 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. Obje tion was now made, that thefe parishes are not within the fame hundred; they are in Norwich, where there is no hundred, and therefore the juftices have no jurisdiction by the 43. Eliz. c. 2. f. 3.—PER HOLT, Chief Juice. The order must be quafhed. 375. Rexv. Boroughfen, Eafter, 10. Geo. 1. Foley, 37.An order was made by two juftices to make a place chargeable to the poor of another parith. 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 fame time the order was made. PER CURIAM. Order muft be confirmed. 376. Rex v. Milland, Eafter, 31. Geo. 2. Burr. 576.Two juftices make an order for taking the tithing of Milland in aid of the parish of St. Peter's, in the fame county; which was confirined at the feffions, who ftate upon their order, that the tithing of Milland lies in the fanie liberty of the foke with the laid parish of St Peter. It was objected, that it does not appear that the places are in the fame hundred (as required by the 43. Eliz. c. 2.); that "liberty" and "Jeke" are vague terms, and not equivalent to the known legal term "hundred;" but perhaps the liberty may extend into feveral hundreds.-But THE COURT did not confider themfelves as bound down by the particular word "hundred" ufed in the act; but that if any divifion be called by any name fynonymous or equivalent to that of hundred, it must be equally within the intention of the act. But having fent the matter back to the feffions to be more particularly ftated, and upon the return it appearing to be fubftantially an hundred, the Court affirmed both orders. CHAP CHAPTER THE SIXTH. MAINTENANCE OF RELATIONS. I. The flatutes. II. The jurifdiction of the feffions. III. The form of the order of maintenance, IV. What relations are chargeable, V. Penalty of difobedience. VI. Perfons running away from their families, 377 B 1, The Statutes. or children. Y 43. Eliz. c. 2. f 7. "The father and grand- Poor perfons "father, and the mother and grandmother, and fhall be relieved "the children of every poor, old, blind, lame, and im- by their parents "potent perfon, or other poor perfon not able to work, being of a fufficient ability, fhall, at their own charges, "relieve and maintain every fuch poor perfon in that "manner, and according to that rate, as by the juftices "of peace of that county where fuch fufficient perfons dwell, or the greater number of them at their general quarter-feffions, fhall be affeffed, upon pain that every "one of them fhall forfeit twenty fhillings for every month "which they fhall fail therein." 66 nance to go to 378. By 43. Eliz. c, 2. f. 11. "Such penalties and for- The penalties feitures fhall go and be employed to the ufe of the levied for dif"poor of the fame parish, and towards a ftock and habi- obeying an ortation for them, and other neceffary ufes and relief, der of mainteand fhall be levied by the faid churchwardens and the relief of the ** overfeers, or one of them, by warrant from any two poor. juftices of the peace, or mayor, or alderman, or head officer of city, town, or place corporate, refpectively within their feveral limits, by diftrefs and fale thereof as * aforefaid (a); or in defect thereof, it fhall be lawful for (a) Vide ante, any two fuch juftices of the peace, and the faid aldermen page 201. ple and head officers within their feveral limits, to commit 190. the offender to the common gaol, there to remain " without bail or mainprize till the faid forfeitures shall be fatisfied and paid.' Popish parents refufing to allow their proteftant child a fitting maintenance, order therein, 379. By 11. & 12. Will. 3. c. 4. f. 7. "To the end that the proteftant children of popish parents may not in the life-times of fuch their parents, for want of fitting "maintenance, be neceffitated, in compliance with their the lord chancel-parents, to embrace the popish religion contrary to lor fhall make their own inclinations, BE IT ENACTED, That if any "fuch parent, in order to the compelling fuch his or "her proteftant child to change his or her religion, fhall "refufe to allow fuch child a fitting maintenance fuit"able to the degree and ability of fuch parent, and to "the age and education of fuch child, then upon com"plaint thereof made to the lord high chancellor of "England, or lord keeper of the great feal, or commif"fioners for the great feal for the time being, it shall be fowih parents to allow their dren a fitting maintenance. Jacob Mendes de Breta, poft. pl. 387. and pl. 401. lawful for the faid lord chancellor, lord keeper, or "commiffioners, to make fuch order therein as fhall be 66 agreeable to the intent of this act," 380. By 1. Ann. ft. 1. c. 30. "To the end that fuffi"cient maintenance be provided and allowed for the proteftant chil-children of Jewish parents who fhall turn proteftants, "BE IT ENACTED, If any Jewish parents, in order to "the compelling of his or her proteftant child to change Vide the cafe of his or her religion, fhall refufe to allow fuch child a "fitting maintenance fuitable to the degree and ability "of fuch parent, and to the age and education of fuch "child, then (upon complaint thereof made to the lord "high chancellor of England, or lord keeper of the great "feal, or commiffioners for the great feal for the time i being) it fhall and may be lawful for the faid lord "chancellor, lord keeper, or commiffioners, to make fuch "order therein for the maintenance of fuch proteftant "child as he or they fhall think fit.” The juftices of the diftri& in order of main.. II. The jurifdiction of the feffions. 381. Rex v, Reve, Mich. Term, 7. Car. 1. 2. Bulft. 344. -The defendant was brought to the bar upon a babeas which the party corpus. It appeared by the return, that he had been comon whom the mitted by virtue of a warrant from a juftice of the peace tenance is made for the county of Middlefex, because he being the reputed dwells, alone grandfather of one Benjamin Gregory, a poor fatherless and have jurifdic motherlefs child, maintained at the charge of the parish of St. Giles in the Fields, and being alfo a man of ability, had refused to maintain or provide for the child, or to find fureties for his appearance at the next quarter-feffions for the county of Middlesex. It was moved to dif charge tharge the defendant, because the defendant lived and in- Rx v. REVE habited in the town of Eye, in the county of Suffolk; that he came to London not to refide, but to follow fore fuits which he had in the ftar-chamber; and being there, he was apprehended by this warrant in the county of Middlefex; that the quarter-feffions of Middlesex have not any power by 43. Eliz. c. 2. to make any order in this cafe, the party inhabiting the county of Suffolk; and therefore all which has been here done is coram non judice.-THE COURT (a). (1) JONES and It is very reafonable that he, being of fufficient ability, Cox, Justicen fhould contribute to fupport 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 poft. St. Giles, which is in the county of Middlesex, and there- contra, fore the contribution must be here; but the party who is to pay this contribution refides in the county of Suffolk. The juftices of the peace for the county of Suffolk may make an order in this cafe, and thereby cause the money to be fent from thence to the parish of St. Giles; but the quarter-feffions of Middlefex have no authority in this cafe. The Court therefore ordered the defendant to be bound over to appear at the next quarter-feffions to be held for the county of Middlefex; and upon his entering into recognizance for this purpose he was dif charged, the rate of main tenance, and 382. Rex v. Humphries, Mich. Term, 24. Car. 2. Styles, The juftices at 154.-The Court was moved to quafh an order of fef- feffions must fet fions made at Derby for parents to relieve their poor children. The exception taken was, That the 43. Eliz. cannot delegate c. 2. appoints that the juftices in feffions fhall fet the rate their authority. that is to be paid for their maintenance, which the juftices here have not done, but have transferred their authority over to other juftices to do it, which they cannot do; and fo the order made by the juftices is not good.—THE COURT faid, This is all one as if an arbitrator fhould arbitrate another to make the arbitrament, which is not good; therefore let the order be quashed. from their cwn 383. Shermanbury in Suffex v. the Parish of Bolney, Trinity The justices Term, 5. Will. & Mary, Comb. 279.-A poor man who cannot remove was legally fettled in the parish of Bolney, married a wi- poor perfons 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 rela first husband, all of whom were under the age of feven tions live who years, and maintained by the parish of Shermanbury, them. at the allowance of three fhillings a week. After this marriage the mother and the three children were sent to the parish of Bolney, where the hufband was fettled. The juftices, are to maintain THE PARISH of SHERMANBO juftices, upon complaint of the officers of the parish of BY inSUSSEXV. Bolney, made an order that the parishioners of ShermanBOLNEY. bury fhould continue to pay the three ihillings a week towards the maintenance of the children; and, on appeal to the feffions, this order was affirmed. But, being removed by certiorari into the court of king's bench, it was moved to quafh it, because the juftices of Bolney had no power to make an order for fuch 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 fhall not fettle her children there unlefs they were nurfe children, for fuch muft go with the mother, but it was doubted whether thefe children, being under feven years of age, fhall 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 anfwered by G. EYRE, Justice, that where the relations are obliged to maintain their. poor friends, fuch poor people fhall not be removed out of their own parish, where they are fettled, unto that parish where their relations live; for by that means, upon the death of fuch relations, the parish where they lived may become chargeable, which ought not to be; and therefore the poor perfon fhall continue in his own parifh, and his relations thall maintain him there.-ET PER CURIAM. This cafe is within the equity of the statute for the relief of the poor; and there is no reafon that Shermanbury fhould be difcharged of the children by their mother's marriage. An order of maintenance must be made at quarter and rot ten. 384. Rex v. Charnock, Hilary, 9. Will. 3. Comb, 418.— The defendant was indicted for not performing an order of feffions requiring him to relieve and maintain his fon's at a general fef. wife. The indictment being removed into the king's bench was quafhed, because it ftated the order to have been made at a general feffion, and not at a quarter-feffion for by the 43. Eliz. c. 2. f. 7. the juftices are only emCafe, Salk. 476. powered to make an order in this cafe at their generat where the fame quarter-feffions; and they may hold other general feffions peint is deter than thofe four quarter-feffions, which they are required to hold by the ftatute of 2. Hen. 5. ft. 1. c. 4. Purnal's mince. An order of maintenance cannot direct the 385. Rex v. Jones, Trinity Term, 9. Ann. Foley, 53This was an order for the grandmother to take care of her pauper to be grandchildren; and by the order the grandchildren were fent to the per- fent to the grandmother.-THE WHOLE COURT were fon on whom it unanimous, that they could not fend the grandchildren ja made. to the grandmother; but that the juftices ought to have made a rate upon the grandmother offo much a week.— The order was therefore quashed. 386. Rex |