RIX V. prefent cafe: one, to proceed by way of indictment, for dif ROBINSON. obeying the order where the weekly payment is neglected or refufed to be made; the other, to diftrain for the 208, penalty after the expiration of the month. The former method has been taken in the prefent cafe; and there is no doubt but that an indictment will lie for difobeying an order of feffions. But notwithstanding that here are two remedies given, yet it would be extremely oppreffive to take the remedy by indictment, if there are no circumftances which obftruct the proceeding in the fhorter way of fummary remedy: this would indeed be very wrong and unreasonable, where the fummary remedy can be put in practice. But in fome cafes it may be impracticable to proceed in the fummary method by way of diftrefs; as if the party upon whom the order is made be gone out of county (which is faid to be the cafe here); in which cafe the penalty cannot be levied by diftrefs and fale, nor the offender committed by the juftices. And there may also be a difobedience to the order, even before the month is out; and the forfeiture is only 20s. for every month which they thall fail: however, that would be too fevere, to indict for difobedience to the order with fuch very great hafte as not to wait till the month fhould be expired. By 43. Eliz. c. 2. f. 2. it is enacted, "That the old churchwardens and overfeers "fhall account for the money in their hands, and fhall <6 pay over the balance to the new churchwardens and "overfeers upon pain of forfeiting 20s. for each default.” Yet there was a cafe (a), Rex v. Bill, where two overseers were indicted for not obeying an order of feffions, whereby they were ordered to pay over the balance of their accounts to the new churchwardens and overfeers. In the cafe that has been mentioned, of Rex v. Boys (b), there was no other remedy but by way of indictment: it was Sayer, 108. 143. an indictment before the juftices of the liberty of St Aland ante, page han's for not obeying an order of feffions, whereby the 288. pl. 327. under the name defendant was ordered to pay the cofts of an appeal against Rex v. Byce, a poor's rate, which by 17.Geo. 2. c. 38. is to be recovered in (a) In Eafter Term, 20. Geo. 2. (4) Trinity, 27. Geo 2. the fame manner as cofts upon an appeal against an order of removal; which by 8. & 9. Will. 3. c. 30. are recoverable by diftrefs and fale (or commitment, where no diftrefs is to be had), where the party lives out of the jurifdiction (by warrant of fome juftice of peace for the place where the party inhabits); but if the party live within the jurifdiction (which Boys did), there is no other remedy but by way of indictment; and, on demurrer, judgment was given for the king. So that the cafe feems to be exactly parallel and in point with the prefent cafe: for that was a cafe where the fummary method could not be REX . be used, because the defendant inhabited within the jurif diction; and the fummary remedy is given only againft ROBINSON. fuch as live out of the jurifdiction: fo that the particular remedy failed, and an indictment confequently lay. The true rule of diftin&tion feems to be, that where the of fence intended to be guarded againft by a ftatute was punishable before the making of fuch ftatute, prefcribing a particular method of punishing it, there fuch particular remedy is cumulative, and does not take away the former remedy but where the ftatute only enacts," that the doing any act not punishable before, fhall for the fu "ture be punishable in fuch and fuch a particular manner," there it is neceffary that fuch particular method, by fuch act prescribed, must be fpecifically purfued, and not the common-law method of an indictment.-THE COURT therefore were all of opinion, that the judgment ought not to be arrested; and the rule was accordingly discharged, 66 VI. Perfons running away from their families. away and leave 414. By 7. Jac. I. c. 4. f. 8. "And for that many wil- A penalty on "ful people finding that they, having children, have them that run "fome hope to have relief from the parish wherein they their children to "dwell, and being able to labour, and thereby to relieve the charge of "themselves and their families, do nevertheless run the parish.-Sed "away out of their parishes, and leave their families vide 17. Geo, 2. upon the parish; for remedy whereof IT IS ENACTED, c. 5. infra. "That all fuch perfons fo running away fhall be taken "and deemed INCORRIGIBLE ROGUES. And if either "fuch man or woman being able to work, and shall "threaten to run away and leave their families as aforefaid, the fame being proved by two fufficient witnesses upon oath before two juftices of peace, the perfons fo threatening fhall, by the faid juftices of peace, be fent "to the house of correction (unless he or the can put in "fufficient fureties for the difcharge of the parish), there "to be dealt with and detained as a sturdy and wander"ing rogue, and to be delivered at the faid affembly or "meeting, or at the quarter-feffions, and not otherwife." 66 415. By 5. Geo. I. c. 8. "Whereas divers perfons run Churchwardens, "or go away from their places of abode into other coun- &c. by warrant "ties or places, and fometimes out of the kingdom, may feize the of two juftices, "fome men leaving their wives, a child, or children, and offender's goods, "fome others run or go away leaving a child or chil- &c.; "dren upon the charge of the parish or place where fuch "child or children was or were born or laft legally fettled, although fuch perfons have fome eftates, which "should and by order of quarter-feffions difpofe thereof. Churchwardens fhould cafe the parish of their charge in whole or in "part: IT IS ENACTED, That the churchwardens or overfeers of the poor of fuch parish or place where any "fuch wife, or child, or children, fhall be fo left, upon "application to, and by warrant or order from any two "juftices of the peace, fhall take and feize fo much of the "goods and chattels, and receive fo much of the annual "rents and profits of the lands and tenements of fuch "hufband, father, or mother, as fuch two juftices of the "peace as aforefaid fhall order or direct, for or towards "the discharge of the parish or place where fuch wife, child, or children are left, for the bringing up and providing for fuch wife, child, or children; which warrant or order being confirmed at the next quarterfeffions, it fhall be lawful for the juftices of fuch quarter-feffions to make an order for the churchwardens -or overfeers for the poor of fuch parish or place to dif "pofe of fuch goods and chattels by fale, or otherwise, "or fo much of them, for the purposes aforefaid, as the "Court fhall think fit, and to receive the rents and pro"fits, or fo much of them as shall be ordered by the sesfions as aforefaid, of his or her lands and tenements, "for the purposes aforefaid." 416. By 5. Geo. 1. c. 8. f. 2. "The churchwardens and accountable for overfeers aforefaid fhall be accountable to the juftices "at the quarter-feffions for all fuch money as they of "any of them fhall receive by virtue of this act.” the monies fo Jeceived. Perfons threatening to leave their wives or children may be 417. By 17. Geo. 2. c. 5. f. 1. "All perfons who threaten " to run away and leave their wives or children to the "parish, shall be deemed IDLE AND DISORDERLY PERfent to the houfe" SONS; and any juftice of the peace may commit fuch of correction for "offenders (being thereof convicted before him by his "own voice, their own confeffion, or by the oath of one "witnefs) to the houfe of correction, there to be kept to "hard labour for any time not exceeding one month," one month, as idle and diforderly. Perfons who hall run away and leave their families charge able to the pa 66 66 418. By 17. Geo. 2. c. 5. f. 2. All perfons who run away "or leave their wives or children, whereby they become chargeable to any parish or place, fhall be deemed ROGUES AND VAGABONDS. And the justice or justices "of the peace before whom any rogues and vagabonds "fhall be brought, as defcribed by the act, fhall inform him or themselves, by the examination upon oath of the per"fon apprehended, or of any other perfon, of the condition and circumftances of the perfon or perfons fo apprehended, and of the parish or place where he the or they " were "were laft legally fettled; the fubftance of which examina"tion or examinations fhall be put into writing, and be "fubfcribed or figned by the perfon or perfons fo exa "mined; and the faid juftice or juftices fhall likewife fign the fame, and tranfmit it to the next general or "quarter-feflions of the peace to be holden for the fame "county, riding, city, borough, town-corporate, divifion, "or liberty, there to be filed and kept on record; and "fuch juftice or juftices of the peace fhall, and are here"by required to order all fuch perfons fo apprehended, "to be publicly whipt by the conftable, petty constable, "or tythingman, or fome other perfon to be appointed by fuch conftable, petty conftable, or tythingman, of fuch parifh or place where fuch perfons were appre"hended; or to order fuch perfons to be fent to the "house of correction, there to remain until the next ge"neral or quarter feffions, or for any lefs time, as fuch juftice or juftices fhall think proper; and after fuch "whipping or confinement, fuch juftice or juftices may, " and are hereby empowered, if they think convenient, "by a pafs under hand and feal, to caufe fuch perfons "to be conveyed to the place of their laft legal fettle"ment; but if it cannot be found, then to the place of "their birth; or if fuch perfons, or any of them, be "under the age of fourteen years, and have any father "or mother living, then to the place of the abode of "fuch father or mother, there to be delivered to fome "churchwarden, chapelwarden, or overfeer of the poor "of fuch parish, town, or place." fhall be deemed 419. By 17. Geo. 2. c. 5. f. 4. « All perfons appre- And if such of "hended as ROGUES AND VAGABONDS, and escaped from fenders efcape, "the perfon apprehending them, or refufing to go be- or offend a fe"fore a juftice or juftices of the peace, or to be examined cond time, they upon oath before fuch juftice or juftices, or refufing INCORRI "to be conveyed by any fuch pafs as the act directs, or GIBLE knowingly giving a falfe account of themselves on fuch ROGUES. examination, after warning given them of their punish ་ ment; and all ROGUES AND VAGABONDS who shall "break or escape out of any houfe of correction before "the expiration of the term for which they were com"mitted, or ordered to be confined, by virtue of this "act; and all perfons who, after having been punished as rogues and vagabonds, and discharged, fhall again "commit the faid offence, fhall be deemed INCORRIGIBLE ROGUES.”. 420. By If the justice commit fuch of fender till the feffions, and he thall be there adjudged a va gabond, or in corrigible rogue, they may imprifon fuch vagabond for fix months, and fuch incorrigible rogue for two years. The feffions may fend fuch of 420. By 17. Geo. 2. c. 5. f. 9. " Where any offender against this act fhall be committed, as aforefaid, to the "houfe of correction, there to remain until the next ge"neral or quarter feffions; and the juftices at fuch fef "fions fhall, on examination of fuch circumstances of the cafe, adjudge fuch perfon A ROGUE OR VAGABOND, or an INCORRIGIBLE ROGUE, they may, if they "think convenient, order fuch rogue or vagabond to be "detained and kept in the faid houfe of correction to "hard labour, for any further time not exceeding fix "months, and fuch incorrigible rogue for any further time "not exceeding two years, nor less than fix months, from "the time of making fuch order of feffions; and during "the time of fuch perfon's confinement, to be corrected "by whipping, in fuch manner and at fuch times and "places within their jurifdiction as, according to the na"ture of fuch perfon's offence, they in their difcretion "fhall think fit.' 66 421. And by 17. Geo. 2. c. 5. f. 9. "Such perfon may (if the juftices at the faid feffions fhall think convenient) afterwards be fent away by fuch pafs, mutatis "mutandis, as aforefaid; and if fuch perfon, being a male, fenders on board .. If any incorri gible rogue cfcape from the houfe of cor be tranfported for leven years. is above the age of twelve years, the juftices at the "feffions may and are hereby empowered, at any time be"fore he is difcharged from the houfe of correction, to "fend him to be employed in his majefty's fervice, either by fea or land, if they fhall judge proper. 422. And, by 17. Geo. 2. c..5. f. 9. "IN CASE any incorrigible rogue, fo ordered by the faid general or "quarter fenions to be detained and kept in the faid rection, he fall" houfe of correction, fhall, before the expiration "of the time for which he or the fhall be fo ordered " to be there detained and kept, break out or make "his or her efcape from the faid houfe of correction, or "thall offend again in like manner; in every fuch case, "every fuch perfon fhall be taken and deemed guilty of "FELONY, and, being legally convicted thereof, fhall "and may be TRANSPORTED for any time not exceeding "feven years, in the fame manner as by the laws in being "other felons may be tranfported." Appeal. See the cafe of Rex v. Inhabi 423. By 17. Geo. 2. c. 5. f. 26. Any perfon aggrieved by any act of any juftice out of feffions in or concerning the exccution of this act, may appeal to the tants of Law-next general or quarter feffions of the county, riding, rance Jury, "liberty, or divifion, giving reasonable notice thereof; Rex 9. Ring- "whofe order fhall be final,' Caid. 18. and. wold, a, Burr. S. C. 34z. 424. The |