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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.
“ 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.
♡ ship, or place, for the time being, shall find that the
majesty's justices of the peace, or Thall have any mate-
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
8. and 9. Will. 3. c. 30."
« In all corporations Overseers of
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
come chargeablc, Thall not serve for the parish where ferves,
fore mentioned, if such parish shall be fituated within
" the same county; and if such parish shall be situated
In case the fa.
The substitute 474. By 19. Geo. 3. c. 72. f. 3. “ No such allowance shall
“ such substitute be thereby deprived of his legal settle-
^ election of members to serve in parliament.
475. By 19. Geo. 3. c. 72. f. 4.“ In case the substitute
" advanced by the overseers of the parish, township, or
" allowing such relief (which certificate such justice is
“ furer who thall so repay fuch overseer shall transmit
4 repaid by him from time to time, quarterly, to the
The accounts to 476. And by 19. Gis. 3. c. 72. f. 4. “ The account so
“ the peace at their next general or quarter feftions which
“ fhall be held for fuch county, riding, or place, for their
« ftitute inail ferve, to make good the fame to the trea-
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 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
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