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being done by a majority. And indeed if we were to de- Rex v. termine otherwise, the inconvenience would be so great

BEESTON, as to inake it neceflary for the legislature to interfere and país another law. This is very different from the case of trustees in settlements, who are generally chofen by the different branches of the family; in which case it is necesiary that they should all concur in every act, in order that each may protect the interest which he was appointed to guard. With respect tu the case cited of Rex v. Fairfax (a), (a)'3. Mod. 271, that perhaps was determined on the ground that the S.C.1. Show.76. churchwardens were to be considered as an integral part:

S.C.Comb. 164. though indeed if that were res integra, I thould be inclined S.C. Carth. 94,

S.C. Holt, 570 to make a contrary determination, because the 43. Eliz. s. C. Foley 22 C. 2. enacts, “ that the churchwardens with certain other " persons shall be called overseers of the poor,” On the whole, then, as our opinion does not contradict the words of the 9. Geo. 1. c. 7, but is conformable to the meaning of it, this rule must be made absolute.-All the other Judges concurred; and HULLER, Justice, added, . the general ulage under another clause of this act ever fince it patied thews what the general understanding has been of the intention of the legislature upon this point. The 8th fe&tion, speaking of the time of notice to be given of appeals from orders of removal, says, “ That "no appeal thall be proceeded on, unless realonable no“ tice be given by the church wardens and overleers of "the parish appealing unto the church wardens and over“ seers of the other parish.” But it never was imagined that a notice given only by three churchwardens and overseers was infufficient; the contrary opinion has always been held: the usage therefore thews what is meant by the general term “ churchwardens and over“ seers.”-Rulc absolute.

III. Reimbursing constable's monies expended.

shall deliver in

468. By 18. Geo. 3. C. 19. . 4. “ And whereas con- Constables and * stables, headboroughs, and tithing-men, are or may be other officers at great charge in doing the business of their parish,

accounts every ki township, or place, and in many cases are not suffi- three months,

ciently indemnified by the laws; BE IT ENACTED, and within " that every conftable, h adborough, or tithingman, shall fourteen days

alter they go every three months, and within fourteen days after he shall

out of office, "goout of such office, deliver to the overseers of the poor of of all fums of " the said parish, township, or place, for the time being, money ex“ a juft account in writing, fairly entered in a book to be pended by them " kept for that purpose, and figned by him, of all sums for t.e relief

and ordering of lo by him expended on account of the said parith, the poor, &c.

“ towníhip,


“ township, or place, in all cafes not hitherto provided for by the laws heretofore made, or by this act ; and “ also of all sums received by him on the account of the

" said parish, township, or place." The overseers 469. And by 18. Geo. 3. c. 19. f. 4. “The said overshall submit

"feers of the poor, or their successors, shali, within the such account to - next fourteen days after the said account or accounts and it allowed' “ shall be so delivered, lay the same before the inhabidischarge the “ tants of the said parish, township, or place; and in case fame out of the “ the said account or accounts be approved of by the mapoor's rate.

“ jority of such inhabitants, the overseers of the poor of " the said pa:ish, township, or place, far the time being,

are hereby authorized and required to pay out of the

poor rates, made or to be made for such parish, town" ship, or place, such sum or sums of money as shall ap.

“ pear to be due on the said account or accounts.” But if such ac. 470 But by 18. Geo. 3. c. 19. f. 4. “ In case the faid counts Thall be account or accounts, or any part thereof, Ihall be disdisallowed by the inhabitants,

" allowed, then the said overseers of the poor for the time the constahle

“ being shall then deliver back to the said conttable, may submit

“ headborough, or tithingman, fuch book of accounts; them to the “ and it shall and may be lawful to and for the said consettlement of a « stable, headborough, or tithingman, then to produce the justice of the

“ said book before any one or more of his majesty's juspeace, who shall order the over. “ tices of the peace in and for the county, riding, division, fiers to pay the « city, town corporate, franchise, or liberty, wherein luch balance.

“ parish or townthip shall be fituate, giving reasonable

notice thereof to overseers of the poor of the faid parish,

township, or place, for the time being; which faid juf-. “ tice or justices is and are hereby authorised to examine " the fanie, and to hear and determine any objection or " objections that shall be made to the faid accounts, and " to settle the sum which to him or them thail appear due

the said account, and to enter the faine in the said « account, and to sign his or their name or names there“to ; and the overseers of the poor of the said parih, « towníhip, or place, for the time being, are hereby autho“rised and required to pay the said fum out of the money

which shall come to their hands by virtue of any rate

or afleflment made or to be made for the relief of the “poor."




But if the over- 471. By 18. Geo. 3. c. 19. f. 5. “In case the overfeers thall be

“ seer or overseers of the poor of the said parih, townaggrieved by any neglet of such contable, or have apy material objection to his accounts fo passed by any justice, they may appeal to the fidions.

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♡ ship, or place, for the time being, shall find that the
" said pariih, township, or place is aggrieved by any neg-
"lect, act, or thing done or omitted by the faid con-
« stable, headborough, or tithing-man, or by any of his

majesty's justices of the peace, or Thall have any mate-
"rial objection to such account, or any part thereof, or
" to such determination as aforesaid, it shall and may

be lawful for such overseer or overseers, in any of the “cafes aforefaid, giving reasonable notice to the said jur. "tice, contable, headborough, or tithing-man, to appeal ķs to the next general or quarter sessions of the peace for " the county, riding, division, city, town corporate, fran"chise, or liberty, where such pórish and township or “place lies; and the justices of the peace there assembled " are hereby authorized and required to receive such ap“peal, and to hear and finally determine the same : but if

it shall appear to the faid justices that reasonable notice

was not given, then they ihall adjourn the faid appeal " to the next quarter feftions, and then and there finally " hear and determine thic fame; and the said justices

may award and order to the party for whom such ap

peal shall be determined reasonable costs, in the same
" manner that they are empowered to do, in case of ap-
“peals concerning the settlement oi poor perfons, by the

8. and 9. Will. 3. c. 30."
472. By 18. Geo. 3. c.'19. f. 6.

« In all corporations Overseers of
or liberties which have not four justices of the peace, cei porations
" the overseers may appeal, if they think fit, to the next may appeal to
" general or quarter fellions of the county, riding, or di-. county feflions
“ yifion, wherein such corporation or liberty is lituate.”

IV. Relieving families of militia-men,

473. By 19. Geo. 3. c. 72. f. 2. " Whereas the families Relief afforded " of substitutes, hired men, or volunteers, serving in the to the family of MILITIA, when embodied and called out into actual a fubtituce in

the milieia Mall
!! service, and ordered to march, may become chargeable be reimburied
! to the parish to which they belong; IT IS ENACTE, by the parish
“ that in case any substitute, whole family mav so be- for which he

come chargeablc, Thall not serve for the parish where ferves,
" his family ihall dwell, it shall be lawful for the justice
" of peace who shall make any order for the relief of
“ such family, at the same time to direct the overseers of
" the parish for which he shall serve, to reimburse the
qmoney so paid to the overseer or overseers who shall
“ have advanced the same in purluance of the order be-

fore mentioned, if such parish shall be fituated within

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" the same county; and if such parish shall be situated
" in any other county, the said justice shall cause the
“ fame to be reimbursed in manner hereinafter men-
46 tioned.”

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In case the fa.

The substitute 474. By 19. Geo. 3. c. 72. f. 3. “ No such allowance shall
in the militia “ occasion such family to be removeable, or compelled
Thall not lose his “ to be sent to any work-house or poor-house; nor shall
legal privilege

“ such substitute be thereby deprived of his legal settle-
by be relief af. « ment elsewhere, nor of his right of voting for the

^ election of members to serve in parliament.

475. By 19. Geo. 3. c. 72. f. 4.“ In case the substitute
mity of a sub- “ whose family thall be relieved as aforesaid, shall serve
stitute becomes " for any pariih situate in another county, the monies
chargeable to

" advanced by the overseers of the parish, township, or
his parish, and si place, where the family shall dwell, shall be repaid them
parish in a dif- out of the county stock by the treasurer of the county
ferent county, “ to which the parish, township, or place, Thall belong,
then his parith “ on producing a certificate of the order of the justice
Thall be reim-
bursed out of

" allowing such relief (which certificate such justice is
the stock of the “ hereby required to grant accordingly); and the trea- ,
county for

“ furer who thall so repay fuch overseer shall transmit
which he serves. “ such certificate, and also an account of all monies so

4 repaid by him from time to time, quarterly, to the
“ treasurer of the county, riding, or place, in the militia
“ whereof such substitute ihail ferve; and the treasurer
" to whom the same shall have been so transmitted, shall
" forth with reimburie the same to the treasurer from
” whom the said account was raccived,

The accounts to 476. And by 19. Gis. 3. c. 72. f. 4. “ The account so
be laid before " received and reimburiedihall be laid before the justices of
the quarter

“ the peace at their next general or quarter feftions which
femons, who are

“ fhall be held for fuch county, riding, or place, for their
to order the
overseers of the " allowance thereof; and the faid justices hall, and they
parin for which " are hereby required to allow the fame accordingly, and
the fubititute " forth with to make an order for the overieers of the poor
ferves, to make os of the parish, township, or place, for which such fub-
good the fame
to the county

« ftitute inail ferve, to make good the fame to the trea-
tieartier cur of " furer of the county out of the foor rates of such
she parish rates. “ parish, townhip, or place; and all paymeats so made

by such treasurer or treasurers, averseer or overseers, “ in pursuance of such order or orders or such justice or “ justices, thall be allowed and passed in their respective

accounts, in like manner as other expences incurred

on account of the militia are by the militia laws now $ in being dire&ted to be passed and allowed.”

477. By

477. By 19. Geo. 3. c. 72. f. 5. “ PROVIDED always, Proviso relating f" that in all places having peculiar jurisdictions, and not to peculiar " contributing to the county, such account shall be made jurifdictions, !' over to the treasurer, receiver, or other public officer

belonging to such peculiar jurisdiction, to be by him “ reimbursed, accounted for, and allowed in manner


22. Geo.

tated or al


luded to ;

478. Rex v. White and Eling, Overseers, Easier Term, In an india

3 Cald. 183.-A motion was made in arreft of ment on the judgment upon an indi&tment against the defendants, 19. Geo.3. C.72.

for the relief of tried at Bedford before Mr.Baron Eyre, for not obeyingan or- fubftitutes in der of a justice of peace, made under the 19. Geo. 3. c. 72. the militia, the (a) directing the defendants, overseers of the parish of o der of mainSt. John in the town and county of Bedford, to reimburse nance must be a sum of money advanced by the overseersof the parish of Meppershall in the same county, to the family of a fubfiitute the order of rein THE MILITIA of the said countv, for an inhabitant imbursement of the parish of St. John; and which family at the date must be made of the said order dwelt in the said parish of Meppershall.

at th: fume time

with the order The indictment at large stated, “That on the 18th day of ~ July 1781, John Nesbitt, esq. one of the justices, &c. directing that “ did issue an order under his hand and feal, in the words whatever tha!! following. “County of Bedford: To the overfcers of be paid under

the one shall “ the pariíh of St. John in the town of Bidford. it ap- be repaici under

pearing to me Yohn Nesbitt, efq. one of his majesty's the other. "justices of the peace in and for the said county, on oath, " that the overseers of the parish of Mepper shall in the " said county have paid to the wife of John Huthf, for “ herself and three children, the fun of four hillings

per week for eighty-three weeks, beginning on the

24th day of June in the vear of our Lord 1773, and “ that the faid John Huliif ferved during all that time " as a substitute in the Bedford militia for Yohn Clayton “ of your faid parish of St. John: These are therefore

to order and direct you, the faid overseers of the parish " of St. John in the town of Bedford; to pay to the "overseers of the parish of Meppershall in the said

county the full fum of sixteen pounds and twelve " shillings-Given under my hand and feal, July 18th, ! 1781." That on the said 18th day of July at the parish

of St. John in the town of Bedford within the county " of Bedford aforesaid, Yohn Bell, then and now one of " the overseers of the poor of the faid parish of Me"per" fhall

, did produce and thew to Thomas IV hite and for Eling, then and now overseers of the poor of the said a parish of St. John, the said order of the laid Yohn Nelbrit, !! and did then and there demand of the said Thomas White


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