REX.BROOKE. tice may have obtained of granting a superfedeas in bailable offences, the legality of which is very doubtful; yet, at any rate, it cannot hold in a cafe of this fort, where the party is convicted in the first inftance as a rogue and vagabond, and committed in execution; for there he is clearly not bailable: this, therefore, was grofs mifbehaviour in the defendants, which cannot be imputed to mistake or ignorance of the law; and though they have denied generally that they acted from any interested motive in this bufinefs, yet that is not fufficient; for if they acted even from paffion, or from oppofition, that is equally corrupt as if they acted from pecuniary confiderations. BULLER, Justice, after commenting upon the circumftances difclofed by the affidavits, and difcriminating between the degrees of guilt of the different defendants, was clearly of opinion, that the charge of corruption was brought home to the two defendants, Brooke, and Robinfon, against whom an information ought to go; but that as Williams had not interfered in the commencement of the bufinefs, and had only adopted the opinion of the other two defendants upon the conftruc-, tion of the act, the rule fhould be difcharged as againft him; especially as the ends of public juftice would be equally anfwered by granting the information against the other two. He then obferved, as to the construction of the vagrant act, that he had no doubt upon the fubject, that the commitments of the juftice in this cafe were in execution, confequently the parties could not be bailed, notwithstanding that the ftatute had given a right of appeal against the conviction to the next feffions. It is faid, that itis ftrange that the party fhould fuffer the punishment while the appeal is pending: but we are to confider it like the cafe put at the bar of a writ of error, which does not fufpend the execution of a judgment which it is brought to reverfe. It would be abfurd to put a contrary conftruction upon this act of parliament; for if the appeal were to put an end to the imprisonment, by entitling the party to be bailed, the confequence would be, that although the conviction were affirmed, the party would efcape from punishment, and laugh at juftice; for the imprifonment is to run from the time of the conviction; and here the parties having been fentenced to be imprifoned for fourteen days, the time would be expired before the appeal was determined. The defendants have alfo acted wrong in another particular; for by the 26th fection it is enacted, "That perfons aggrieved may ap"peal to the next, fcffions, giving reasonable notice "thereof." But it does not appear in this cafe that any notice was given either to the profecutor or to the committing mitting magiftrate, when the defendants admitted the fe- REXV.BROOKE. veral parties to bail; and they could not have mistaken as to whom notice ought to have been given.-GROSE, Juftice. It must be fhewn, in thefe cafes, that the magiftrates against whom informations are prayed, have acted illegally and corruptly. As to the illegality of the proceedings of thefe defendants, there can be no doubt. In Rep. 198. (b) Ante, page 333 the courfe of the laft Term (a), a difficulty arofe in my (a) Vide the cafə mind from the obfcure penning of this act of parliament. of Rex v. SparI doubted at first, Whether a party committed by a ma- row and Anogiftrate upon the 7th fection (b) was committed in execu- ther, 2. Term tion? But I have had time to confider of it fince; and 1 am now clearly of opinion, that it is a commitment in execution: but whether fo or not, I am clearly of opinion that the party is not bailable; and fo it feemed to me laft Term. But as this queftion might have been a matter of doubt or difficulty to the defendants, if they had acted merely from an error in judgment, they ought not to be anfwerable in fo criminal proceeding as an information. But there are other acts of illegality imputed to them befides that; one of which is, that they took upon themfelves to bail the feveral perfons who had been committed without the knowledge or concurrence of the committing magiftrate, which they are exprefsly forbidden to do by the 32d fection; and as they justify themselves upon the conftruction of the act, they cannot be fuppofed to be ignorant of this claufe, After condemning the granting of the fuperfedeas, he went into a detail of the facts as they appeared upon the affidavits; from whence he inferred, that corrupt motives were clearly to be imputed to the defendants Brooke and Robinson; and agreed, that as to Williams the rule fhould be difcharged.-Rule abfolute against the defendants Brooke and Robinson.PIGOTT The Court, on then moved the Court to compel the profecutors to give formation, will granting an infecurity for the cofts, in cafe the defendants fhould be ac- not order fecuquitted, over and above the recognizance in 201. re- rity for cofts, quired by the 4. & §. Will. & Mary, c. 18. 1, 2, according &c. to what the Court had thrown out in the cafe of The King against Filewood and Another (c). But THE COURT refufed (c) 2. Term Rep. 145. the application, faying, that if any alteration were neceffary, it had better be done by legislative authority than by an order of the Court, 426. Rex v. Rhodes, Eafter Term, 31. Geo. 3. MSS. A commitment -The defendant being brought up by habeas corpus, on 17. Geo. 2. c. 5. must be a it appeared that he had been committed to the house commitment in of correction in Middlefex under the following warrant : execution, and is therefore bad unless it be preceded by a conviction. BIXV.BROOX2. "Receive into your cuftody the body of Francis Rhodes "herewith fent you, brought before me 7. Spiller, efq. one "of his majesty's juftices of the peace, &c. by 7. Armstrong, "conftable, and charged before me the faid juftice upon the "oath of Mary Green for being a rogue and vagabond within "the intent and meaning of an act entitled, &c. [17.Geo.2.]; "for that the faid Francis Rhodes on the 25th of March "laft at, &c. did unlawfully use a certain fubtle craft to "deceive and impofe upon the faid Mary Green, by pretending to tell the fortune of the faid Mary Green and "her husband James Green, and did then and there fore"tell events which fhould happen to and concern her "husband James Green, contrary to the ftatute, &c.; him "the faid Francis Rhodes therefore fafely keep in your 66 cuftody until the next general feffions of the peace to be bolden "for the faid county, then and there to be further dealt with ac"cording to law; and for fo doing, &c."-ERSKINE and GARROW moved to discharge the defendant out of cuftody, contending, that the warrant of commitment, which purported to be a conviction, was void, becaufe Rhodes was only charged with, but not convicted of the ofence; and infomuch differs from Rex v. Brooke: and also, because it did not purfue the words of the ftatute in committing him till the next feffions, or until discharged by due courfe of law; thereby depriving him of the advantage of being discharged by two magiftrates, as the act directs.-BEARCROFT and the COMMON SERJEANT, contra, admitted this was not a commitment in execution, because the defendant was not convicted; but contended, that the juftice had his option either to convict or commit as he has now done; and that in this cafe he muft give bail for his appearance.-THE COURT, after pointing out the inaccuracy of this ftatute, decided, that as from the conftruction of it there must be a previous conviction to warrant the fentence, and that not having taken place here, the prefent warrant cannot be a commitment in execution, and is therefore bad: and it is alfo bad, because it only commits until the next feffions, without adding, or difcharged by due courfe of law (a). CHAPTER THE SEVENTH. OF THE RELIEF, AND ORDERING OF THE POOR. 427. 66 I. The flatutes. 11. For what and by whom an order may be made. IV. Relieving families of militia men. BY 43. I. The flatutes. f. 1. with the con poor. Elix. C. 2. "The churchwardens The overseers of "and overfeers of every parish, or the greater every parif, "part of them, fhall take order from time to time, by fent of two juf"and with the confent of two or more juftices of the tices, shall take peace in the fame county, whereof one to be of the order for the quorum (a), dwelling in or near the fame parish or di- relief of the "vifion where the fame parifh doth lie, for setting to "work the children of all fuch whofe parents shall not by the faid churchwardens and overfeers, or the greater part of them, be thought able to keep and maintain their children: AND ALSO, for fetting to work all fuch perfons married or unmarried, having no means to "maintain them, and ufe no ordinary and daily trade of "life to get their living by: AND ALSO, to raise weekly or "otherwife (by taxation ofevery inhabitant, parfon, vicar, "and other and of every occupier of lands, houfes, tithes "impropriate, propriation of tithes, coal mines, or fale"able underwoods in the faid parifh, in fuch competent "fums of money, as they fhall think fit) a convenient "ftock of flax, hemp, wool, thread iron, and other neceffary ware and stuff, to fet the poor on work: AND 66 44 66 ALSO, competent fums of money for and towards the "neceffary relief of the lame, impotent, old, blind, and "fuch other among them being poor and not able to "work: AND ALSO, for the putting out fuch children to "be apprentices, to be gathered out of the fame parish, "according to the ability of the fame parish; and to do "and execute all other things as well for the difpofing "of the faid ftock as otherwife concerning the premises "as to them fhall feem convenient." and churchwar 428. By 43. Eliz. c. 2. f. 2. "The faid churchwardens The overfeers " and overfeers fhall meet together at least once every dens fhall mees "month in the church of the faid parish, upon the Sun- once a month to "day in the afternoon after divine fervice, there to con- confult refpee"fider of fome good courfe to be taken, and of fome ting the relief and ordering of "meet order to be fet down in the premises, &c." the poor (a) By 26. Geo. 2. c. 27. “Nofing that one or more of fuch juf"act or order of two or more juf-❝tices are of the quorum.” ❝tices to be vagated for not expref Poor people refusing to work may be fent to the house of correction. The churchwar dens and over agreement with manor, erect habitations for the reception of the poor. 429. By 43. Eliz. c. 2. f. 4. "It fhall be lawful for "the faid juftices of the peace, or any one of them, to "fend to the house of correction of common gaol fuch as fhall not employ themfelves to work, being appointed thereunto as aforefaid." 66 66 430. By 43. Eliz. c. 2. f. 5. “To the intent that ne"ceffary places of habitation may more conveniently be feers may, upon provided for fuch poor impotent people, it shall and the lord of the may be lawful for the faid churchwardens and over"fcers, or the greater part of them, by the leave of the lord or lords of the manor, whereof any wafte or. common within their parifh is or fhall be parcel, and. "upon agreement before with him or them made in. "writing, under the hands and feals of the faid lord or "lords, or otherwife, according to any order to be fet "down by the juftices of the peace of the faid county at "their general quarter-feffions, or the greater part of "them, by the like leave and agreement of the faid lord. "or lords, in writing under his or their hands and feals, ta. erect, build, and fet up in fit and convenient places of. habitation, in fuch wafte or common, at the general charges of the parish, or otherwife of the hundred or. "county, as aforefaid, to be taxed, rated, and gathered in manner before expreffed, convenient houfes of dwel¬ "ling for the faid impotent poor; and also to place in- . mates, or more families than one, in one cottage or houfe, notwithstanding the 31. Eliz. c. 7. (a); which cottages and places for inmates fhall not at any time after nculty in probe ufcd or employed to or for any other habitation but. only for the impotent and poor of the faid parifh.' (a) This fatute" is repealed by 15.Geo.3.c.32. as tending to lay the induftrious poor under dif." curing habita tions. The overfeers, confent of the justices,cstablish trades for the employment of the poor. 66 431. By 3. Car, 1. c. 4. f. 22. "The churchwardens &c. may, with" and overfeers of the poor mentioned in the 43. Eliz.. "c. 2. may, by and with the confent of two or more. juftices of the peace (whereof one to be of the querum) "within their refpective limits, wherein thall be more juftices than one, and where no more fhall be than one, with the affent of that one juftice of the peace, fet. up, ufe, and occupy, any trade, myftery, or occupation, "only for the fetting on work and better relief of the "poor of the parish, town, or place, of or within which "they fhall be churchwardens or overfeers of the poor, any former ftatute to the contrary notwithstanding." The juftices at feffions may or der a flock of 66 432. By 19. Car. 2. c. 4. f. 1." Whereas there is not yet any fufficient provifion made for the relief and fetting materials to be provided for fetting poor prifoners on work. on |