CASE. GERRARD'S he marries the grandmother, being of ability, is, because by the marriage he hath acquired and got the means which the grandmother had, out of which means the child is to be maintained; and fo tranfit cum onere, he must take his wife with this charge and burthen: but there is no reason in law to charge the husband in this principal cafe, because he had no means at all with her in marriage; and where the grandmother is unable and marries with a man of ability, he is not to be charged.-WHITLOCKE, Juftice. The juftices of peace have done well in making this order against the grandfather, he being now become a man of ability, and that by the care and industry of his wife: he added alfo, that if he had been at feffions with them, he would have made the fame order.-CROKE, Juftice, was clearly againft him in this. A fime covert cannot be or. Gered to keep her grandchild Bond to fave the parish of A. B. his wife and 399. Cuftodes v. Julies, Trinity, 3. Car. 2. Styles, 283.— SERJEANT BERNARD moved to difcharge an order of feffions made against a feme covert to keep a grandchild of her's, becaufe a feme covert was not bound by fuch an order.-ROLLE, Chief Justice, answered, that her husband is bound to maintain his wife's grandchild by the ftatute 43. Eliz. c. 2. f. 7.; but the wife only who is covert, and not the hufband, being charged by the order, therefore let the order be quashed (a). 400. Waltham v. Sparkes, Mich. 6. Will. & Mary, Skinner, 566.-Obligation, with condition to fave the parith barmless from of Shalford harmle's from John Godion, his wife and chilchildren, one of dren. Jofeph the fon of John Godion, born at the time the which, born at obligation was entered into, had a wife and children, the time the whom he could not maintain, and the parish, by a jufbond was enter- tice's order, was directed to allow two fhillings per week and is not able to Jofeph for the maintenance of him and his family. to maintain his Action was brought upon this bond, and the condition children, the was held to be broken; for though it does not extend to bond isforfeited. the grandchildren of John Godion, become chargeable, yet S.C. Comb.321 their father Jofeph, who is by nature bound to maintain them, being unable to do fo, he is in that refpect impo ed into, marties, S.C. Poor's Sett. 110. (a) SIR WILLIAM BLACKSTONE has adopted the law of thefe cafes. "By the interpretation," fays he, "which the courts of law have made "on the fatutes of 43. Eliz. c. 2. "and 5. Gen. 1. c. 8. if a mother ❝or a grandmother marties again, and " was before fuch fecond marriage of "fufficient ability to keep the child, "the hufband fhall be charged to "maintain it; for this being a debt "of her's when fingle, fhall, like "others, extend to charge the huf"band: but at her death, the rela "tion being diffolved, the hufband "is under no farther obligation." 1. Black, Com. 448, 449. tent, SPARKES. tent, and chargeable to the parish, and he is within the WALTHAM, exprefs words of the condition.-And it was held, that all the children of John Godion, though born after the obligation was entered into, would be within the meaning of the condition; the intent of which was, to secure the parish from any expence or damage by means of the fettlement of John Godion (a). has turned his daughter out of maintain her. 401. Rex v. Jacob Mendes de Breta, Michaelmas Term, A Jew, who 13. Will. 3. Ld. Ray. 699.—The defendant being a Jew, had an only daughter, who was converted from Judaifm, doors for emand embraced Chriftianity; whereupon the defendant, bracing Chriftiturned her out of his doors, and refused to allow her any anity, is not maintenance. On complaint made to the quarter-fef- compellable by fions, the juftices, reciting that the was the daughter of 43. Eliz. c.2. to the defendant, and that he was a man able to maintain her, made an order, founded on the 43. Eliz. c. 2. f. 7. that the defendant (being very rich) fhould allow her twenty fhillings a month for her maintenance, under the. penalty of twenty pounds; but it not being therein alledged that she was poor, the order was quafhed. In a commentary, however, upon this cafe, it is faid (b), that (6) 1. Black. on her application for relief it was held, fhe was entitled Com. 449. to none. But this cafe is now provided for by the legif lature (c). the maintenance of a bastard. Rem. 157. 402. Budwath v. Dumply, Hilary Term, 5. Ann. Salk. 123. An order can-An order was made on the parish of Budwath for the not be made for maintenance of a baftard child born in the township of Dumply. On being removed into the court of king's bench, IT WAS HELD, that the claufe in the ftatute 13.& S. C. Sett. & 14. Car. 2. c. 12. which provides, that diftant townships of large parishes in the northern counties fhall refpectively provide for their poor under the penalty mentioned in 43. Eliz. c. 2. must be understood with refpect to the maintenance of poor and impotent perfons, and not with respect to bastards, who are provided for by other statutes. But if a bastard be grown up, and by accident (a) In this cafe, it is faid by HOLT, Chief Justice, that the word children in the ftatute of 43. Eliz. c. 2. f. 7. extends to grandchildren, because there is the fame natural affection; but no cafe has occurred in which the fame has been judiciously determined: andTM perhaps, fays DR. BURN, there may be fome doubt as to this point; na. tural affection defcends more strongly than it afcends; and it is obfervable, that whereas the 39. Eliz. s. 3. did after the death of his wife. grow impotent, he may be relieved as a poor perfon within that ftatute. A busband can- 403. Reg. v. Clentham, Trinity, 9. Ann. Foley, 39.not be ordered SIR PETER KING moved to quafh an order which was to maintain his made for one John Beck to provide for and maintain one daughter in law Ann Wood because he was her father-in-law, the mother being dead. He infifted, that the ftatute never intended to carry it fo far as to oblige the father-in-law to provide for the wife's child after the mother's death.-On the other fide it was infifted, that this cafe is within the words of the ftatute, which are, "father or grandfather, mother "or grandmother," to pay fo much, but further this order does fet out exprefsly that the father-in-law had a good portion with his wife, who was the mother of this Ann Wood, which they infifted upon was an equitable reafon to charge him.-PARKER, Chief Justice. I am afraid, if we extend this to a father-in-law that has a portion, it will alfo extend to one that has nothing with his wife. -THE WHOLE COURT were of opinion, that the husband ought to provide for the daughter-in-law during the wife's life in the right of his wife; but that when the wife dies, the relation is diffolved, and he is not by any means obliged to provide for the daughter-in-law after her death; this cafe therefore is not within the statute of 43. Eliz. c. 2. -Order quashed. Comb. 405. The bufband thall maintain His wife's chil dren during ber life. If the father is living and unable, the grand father is chargeable. A man is not bound to main. tain his fon's wife. 404. Reg. v. St. Botolph's, Aldgate, Eafter, 10. Ann. Foley, 42.-The fingle queftion was, Whether the hufband of a feme covert fhall be chargeable by 43. Eliz. to maintain her children by her firft husband And IT WAS RESOLVED, he was, during the wife's life, in her right; but not after; and therefore the order takes care to fet out that the wife is alive. 405. Reg. v. Joyce, Mich. 6. Ann. Vin. title Poor 423.— Order, that the grandfather should keep the grandchild, the father being living but unable to do it; and alfo to pay fo much more money for the time paft, while he was chargeable, as well as for the time to come, was confirmed. 406. Rexv.Dunn, Hilary Term, 12. Ann. MSS.-Anorder of feffions was made, that the defendant fhould maintain his fon's widow, her husband, his fon, being dead. The order being removed into the King's Bench, CHAPPLE S. C. 1o. Mod, took an exception that, by the death of the fon, the relation which the bore to the father ceafed and although the order was quafhed, because it was not set forth that the father was of fufficient ability, yet the COURT feemed to allow this exception good. 221. 407. Rex 407. Rex v. Munden, Trinity, 5. Geo. 1. Strange, 190. A fon in law Order, reciting that Munden had a good fortune with his is not obliged to maintain his wife, and that his mother-in-law was poor, therefore he is mother-in-law. ordered to provide for her.-PRATT, Chief Justice. The cafes which have hitherto been before the Court were s. C. Set. & either where the Judges were divided, or where the mat- Rem. 91. ter did not come directly in queftion, or was only a cafe at a Judge's chamber. It never came judicially before the whole Court till now. And as it is res integra, on confideration we are all of opinion, that the fon-in-law is not bound either within the words or intent of the ftatute, which provides only for natural parents. By the law of nature, a man was bound to take care of his own father and mother. But there being no temporal obligation to enforce that law of nature, it was found neceffary to establish it by act of parliament, and that can be extended no farther than the law of nature went before, and the law of nature does not reach to this cafe. Order quashed. (a) 408. Rex v. Munday, Trinity, 5. Geo. 1. Fort. 303.-An A perfon is not order was made upon him and his wife to maintain his obliged to wife's mother. maintain his It appeared by the order that he had conwife's mother, fiderable effects with his wife, and that her mother fell even in the life. into poverty after their marriage.-PER CURIAM. The time of his order must be quafhed, for the fon-in-law is not with- wife. in the act of parliament; and the wife cannot be of S. C. Set. & ability, because her eftate is a gift to the husband, and he Rem. 91. is a purchafer for a valuable confideration. Court obferved, that it would be inconvenient if the wife should have children by a former husband. And the See the cafe of 1. Brown's Caf ter-in-law. 409. Rex v. Benoire, Mich. Term, 13. Geo. 1. MSS.— A man is not MR. VERNEY moved for and obtained a rule to fhew bound to maincaufe why an order of feffions made on the defendant tain his daugh, for the maintenance of Mary, his daughter-in-law, fhould not be quafhed. The exception was, That a S.C. 2. Ld. daughter-in-law is not fuch a relation as is within the Ray. 1454. S.C. 2.Seff.Caf, (a) MR. BURN fubjoins an obfervation to his report of this cafe, that it does not appear by this report, whether the wife was alive or dead; that perhaps the might be dead, and thereby the relation determined; but by the following report, which is evidently of the fame cafe, it appears that she was alive at the time the order was made.-The nature of the reafonsjufed by the Court in this cafe of the King and Munday Y 2 evidently requires the conclufion that 43. Eliz. 56. REX V. BENOIER. The ftatute of natural relations, bound to maintain the fon's wife. S. C. Seff. Caf. 235. S. C. Bar. K.B. 329, 364. S. C. 2. Str. 955 43. Eliz. c. 2. f. 7. for there is no relation in blood be tween them, nor any obligation upon him by nature to relieve her; and he cited Rex v. Munday, where it was held, that a fon-in-law was not bound to relieve his mother-in-law, which, he faid, was ftronger than the prefent cafe. In the Hilary Term following the order was quathed, no caufe being fhewn. 410. Rexv. Kempfon, Mich. Term, 7. Geo. 2. Editor's MSS. 43. Eliz.c.2.f.7. —At the general quarter feffion of the peace held at Stafford only extends to on the 3d April 6. Geo. 2. upon the complaint of the parish and not to re of Goal against James Kempfon the elder, the fact aplations in laws; peared, and was agreed, by the counfel on both fides, to be and therefore a as follows: In the month of July 1727 Samuel Kemp/on the father is not younger was married to Elizabeth Griffes, and in a few days afterwards went away froin her, and never returned to or cohabited with her. In October 1729 a sentence of divorce à menfâ et thoro was obtained from the fpiritual court of Litchfield for adultery committed by the wife, which fentence was produced and read in evidence at the feffions. About fix weeks fince the faid Elizabeth was delivered of a child, and no accefs to her husband was proved from the time of the divorce. She is now become poor and chargeable to the parish of Gofnal, who have appealed to this court for an order on the faid Samuel Kempson the elder, father of the faid Samuel Kempfon the younger, who is ftill living and able to provide for her, to contribute towards the maintenance of his fon's wife Elizabeth Kempfon, under the ftatute 43. Eliz. c. 2. f. 7.; he the faid Samuel Kempfon the elder appearing to be of good ability. It is therefore ORDERED by the court, that the faid Samuel Kempfon the elder do and fhall pay one fhilling weekly and every week unto his faid daughter-in-law Elizabeth Kempfon towards her relief and maintenance, and continue fuch payment till further orders.-This order being removed by certiorari into the King's Bench, MR. ABNEY took feveral exceptions to it; among which was, FIRST, That the ftatute 43. Eliz. only extends to natural relations and not to collateral kindred, and cited Rex v. Munday; and, SECONDLY, That an adulterefs cannot charge her hufband for neceffaries for herfelf without notice, much lefs fhall the hufband's father be charged on that account. (a)-MR. PARKER, contra, as to the FIRST, said, that an order had been made (b) upon a man to keep his Guildhall, be- wife's grand-children, which is a more diftant relation than that in the prefent cafe, and also to maintain a fon's (b) Styles, 283. wife. As to the fecond exception, he contended, that 3. Bulit. 345. the act of the wife could not prejudice the parish, who, *. Keble, 489. (a) Morris v. Martin, 12. Geo. 1. at fore Ld. Raymond. were |