REX v. T BELSTON. S. C. Holt, 570 being done by a majority. And indeed if we were to determine otherwife, the inconvenience would be fo great as to make it neceffary for the legiflature to interfere and pafs another law. This is very different from the cafe of trustees in fettlements, who are generally chofen by the different branches of the family; in which cafe it is neceffary that they should all concur in every act, in order that each may protect the intereft which he was appointed to guard. With refpect to the cafe 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 confidered as an integral part: S.C.Comb. 164. though indeed if that were res integra, I thould be inclined S. C. Carth. 94, to make a contrary determination, becaufe the 43. Eliz. S. C. Foley 22 c. 2. enacts," that the churchwardens with certain other "perfons fhall be called overfeers of the poor," On the whole, then, as our opinion does not contradict the words of the 9. Geo. i. c. 7. but is conformable to the meaning of it, this rule must be made abfolute.-All the other Judges concurred; and BULLER, Justice, added, . the general ufage under another claufe of this act ever fince it paffed fhews what the general understanding has been of the intention of the legislature upon this point.. The 8th fection, fpeaking of the time of notice to be given of appeals from orders of removal, fays, "That "no appeal fhall be proceeded on, unlefs reafonable no"tice be given by the churchwardens and overfeers of "the parith appealing unto the churchwardens and over feers of the other parish." But it never was imagined that a notice given only by three churchwardens and overfeers was infufficient; the contrary opinion has always been held the ufage therefore fhews what is meant by the general term "churchwardens and over“feers."-Rule absolute. 3 III. Reimburfing conftable's monies expended. fhall deliver in accounts every 468. By 18. Geo. 3. c. 19. f. 4. "And whereas con- Conftables and *ftables, headboroughs, and tithing-men, are or may be other officers at great charge in doing the bufinefs of their parish, "township, or place, and in many cafes are not fuffi- three months, ciently indemnified by the laws; BE IT ENACTED, and within "that every conftable, headborough, or tithingman, fhall fourteen days "every three months, and within fourteen days after he fhall after they go go out of fuch office, deliver to the overfeers of the poor of of all fums of "the faid 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 purpofe, and figned by him, of all fums for the relief "folby him expended on account of the faid parith, the poor, &c. B b 4 "township, out of office, and ordering of The overfeers fhali fubmit the inhabitants, and if allowed discharge the fame out of the "township, or place, in all cafes not hitherto provided "for by the laws heretofore made, or by this act; and "alfo of all fums received by him on the account of the "faid parish, township, or place." 469. And by 18. Geo. 3. c. 19. f. 4. "The faid over"feers of the poor, or their fucceffors, fhall, within the fuch account to next fourteen days after the faid account or accounts "fhall be fo delivered, lay the fame before the inhabi"tants of the faid parish, township, or place; and in cafe the faid account or accounts be approved of by the ma"jority of fuch inhabitants, the overfeers of the poor of "the faid parish, township, or place, for the time being, "are hereby authorized and required to pay out of the poor rates, made or to be made for fuch parith, town"thip, or place, fuch fum or fums of money as fhall ap pear to be due on the faid account or accounts.” poor's rate. But if fuch ac counts shall be difallowed by the inhabitants, the conftable may fubmit them to the 66 470 But by 18. Geo. 3. c. 19. f. 4. "In cafe the faid account or accounts, or any part thereof, fhall be dif"allowed, then the faid overfeers of the poor for the time being fhall then deliver back to the faid conftable, "headborough, or tithingman, fuch book of accounts; " and it shall and may be lawful to and for the faid confettlement of a stable, headborough, or tithingman, then to produce the juftice of the "faid book before any one or more of his majesty's jufpeace, who fhall order the over- "tices of the peace in and for the county, riding, divifion, fers to pay the "city, town corporate, franchise, or liberty, wherein fuch' "parish or townthip fhall be fituate, giving reafonable "notice thereof to overfeers of the poor of the faid parifh, balance. But if the over feers thall he aggrieved by ' township, or place, for the time being; which faid juf"tice or juftices is and are hereby authorifed to examine "the fame, and to hear and determine any objection or "objections that fhall be made to the faid accounts, and "to fettle the fum which to him or them fhall appear due "on the faid account, and to enter the fame in the faid "account, and to fign his or their name or names there"to; and the overfeers of the poor of the faid parish, "township, or place, for the time being, are hereby autho"rifed and required to pay the faid fum out of the money which fhall come to their hands by virtue of any rate or affeffment made or to be made for the relief of the poor.' 66 471. By 18. Geo. 3. c. 19. f. 5. "In cafe the over"feer or overfeers of the poor of the faid parish, town any neglect of fuch conftable, or have any material objection to his accounts fo paffed by any justice, they may appeal to the feffions. fhip, or place, for the time being, fhall find that the faid parish, township, or place is aggrieved by any neg"lect, act, or thing done or omitted by the faid con"ftable, headborough, or tithing-man, or by any of his "majefty's juftices of the peace, or fhall have any mate"rial objection to fuch account, or any part thereof, or "to fuch determination as aforefaid, it fhall and may be "lawful for fuch overfeer or overfeers, in any of the "cafes aforefaid, giving reafonable notice to the faid juftice, conftable, headborough, or tithing-man, to appeal "to the next general or quarter feffions of the peace for "the county, riding, divifion, city, town corporate, fran"chife, or liberty, where fuch parish and township or "place lies; and the juftices of the peace there affembled "are hereby authorized and required to receive fuch ap"peal, and to hear and finally determine the fame: but if "it fhall appear to the faid juftices that reafonable notice "was not given, then they hall adjourn the faid appeal "to the next quarter feffions, and then and there finally "hear and determine the fame; and the faid juftices "may award and order to the party for whom fuch ap"peal shall be determined reasonable cofts, in the fame "manner that they are empowered to do, in cafe of ap"peals concerning the fettlement of 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 juftices of the peace, corporations "the overfeers may appeal, if they think fit, to the next may appeal to "general or quarter feffions of the county, riding, or di- county feffions. "yifion, wherein fuch corporation or liberty is fituate." 66 IV. Relieving families of militia-men. a fubstitute in 473. By 19. Geo. 3. c. 72. f. 2. "Whereas the families Relief afforded "of fubftitutes, hired men, or volunteers, ferving in THE to the family of MILITIA, when embodied and called out into actual the militia fhall "fervice, and ordered to march, may become chargeable he reimburied to the parish to which they belong; IT IS ENACTED, by the parifh that in cafe any fubftitute, whofe family may fo be- for which he "come chargeable, fhall not ferve for the parish where ferves. "his family fhall dwell, it fhall be lawful for the justice "of peace who fhall make any order for the relief of "fuch family, at the fame time to direct the overseers of "the parish for which he fhall ferve, to reimburse the "money fo paid to the overfeer or overfeers who shall "have advanced the fame in purfuance of the order before mentioned, if fuch parifh fhall be fituated within "the The fubftitute in the militia "the fame county; and if fuch parifh fhall be fituated "in any other county, the faid juftice fhall cause the "fame to be reimbursed in manner hereinafter men"tioned." 474. By 19. Geo. 3. c. 72. f. 3. "No fuch allowance fhall "occafion fuch family to be removeable, or compelled shall not lofe his to be fent to any work-houfe or poor-house; nor fhall legal privilege "fuch fubftitute be thereby deprived of his legal fettleby the relief afment elfewhere, nor of his right of voting for the "election of members to ferve in parliament.' forded to his family. In cafe the fa mily of a fubftitute becomes chargeable to his parish, and he ferve for a parish in a different county, then his parish fhall be reimburfed out of the stock of the county for which he ferves. The accounts to be laid before the quarter feffions, who are to order the overfeers of the parifh for which the fubítitute ferves, to make good the fame to the county treasurer cut of the parish rates. 66 475. By 19. Geo. 3. c. 72. f. 4. "In cafe the fubftitute whofe family fhall be relieved as aforefaid, fhall ferve for any parish fituate in another county, the monies "advanced by the overfeers of the parifh, townfhip, or place, where the family fhall dwell, fhall be repaid them out of the county stock by the treasurer of the county to which the parith, township, or place, fhall belong, on producing a certificate of the order of the justice "allowing fuch relief (which certificate fuch justice is hereby required to grant accordingly); and the trea"furer who fhall fo repay fuch overfeer fhall transmit “fuch certificate, and alfo an account of all monies fo 66 repaid by him from time to time, quarterly, to the "treafurer of the county, riding, or place, in the militia "whereof fuch fubftitute fhall ferve; and the treasurer "to whom the fame fhall have been so transmitted, shall "forthwith reimburíe the fame to the treasurer from "whom the faid account was received. 476. And by 19. Geo. 3. c. 72. f. 4. "The account fo "received and reimburfed thall be laid before the juftices of "the peace at their next general or quarter feffions which "fhall be held for fuch county, riding, or place, for their "allowance thereof; and the faid juttices thall, and they are hereby required to allow the fame accordingly, and "forthwith to make an order for the overfeers of the poor of the parish, township, or place, for which such sub"ftitute fhall ferve, to make good the fame to the trea"furer of the county out of the poor rates of fuch parish, township, or place; and all payments fo made by fuch treasurer or treafurers, averfeer or overfeers, in pursuance of fuch order or orders of fuch juftice or "juftices, thall be allowed and paffed in their refpective "accounts, in like manner as other expences incurred 66 on account of the militia are by the militia laws now in being directed to be paffed and allowed." 477. By 477. By 19. Geo. 3. c. 72. f. 5. " PROVIDED always, Provifo relating "that in all places having peculiar jurifdictions, and not to peculiar "contributing to the county, fuch account fhall be made jurifdiétions, over to the treafurer, receiver, or other public officer "belonging to fuch peculiar jurifdiction, to be by him "reimburfed, accounted for, and allowed in manner "aforefaid." tated or al. 478. Rex v. White and Eling, Overfeers, Eafter Term, In an indict22. Geo. 3. Cald. 183.-A motion was made in arreft of ment on the judgment upon an indictment against the defendants, 19.Geo.3. c. 72. tried at Bedford before Mr. Baron Eyre,for not obeying an or- fubftitutes in der of a juftice of peace, made under the 19. Geo. 3. c. 72. the militia, the (a) directing the defendants, overfeers of the parish of o der of mainSt. John in the town and county of Bedford, to reimbursenance must be a fom of money advanced by the overfeers of the parifh of Juded to; and Mepperfall in the fame county, to the family of a fubfiitute the order of rein THE MILITIA of the faid county, for an inhabitant imbursement of the parish of St. John; and which family at the date must he made of the faid order dwelt in the faid parish of Mepper fhall. at the fame time The indictment at large ftated, "That on the 18th day of of maintenance, "July 1781, John Nesbitt, efq. one of the juftices, &c. directing that "did iffue an order under his hand and feal, in the words whatever fha! following. "County of Bedford: To the overfeers of be paid under "the parish of St. John in the town of Redford. it ap- be repaid under "pearing to me John Nesbitt, efq. one of his majefty's the other. juftices of the peace in and for the faid county, on oath, "that the overfeers of the parish of Mepperfball in the "faid county have paid to the wife of John Huff, for "herself and three children, the fun of four thillings 66 per week for eighty-three weeks, beginning on the "24th day of June in the year of our Lord 1773, and "that the faid John Huffff ferved during all that time as a fubftitute in the Bedford militia for John Clayton "of your faid parish of St. John: Thefe are therefore "to order and direct you, the faid overfeers of the parith "of St. John in the town of Bedford, to pay to the "overfeers of the parish of Mepperfball in the faid "county the full fum of fixteen pounds and twelve "fhillings-Given under my hand and feal, July 18th, with the order the one shall 1781. That on the faid 18th day of July at the parish "of St. John in the town of Bedford within the county "of Bedford aforefaid, John Bell, then and now one of "the overfeers of the poor of the faid parish of Me perShall, did produce and fhew to Thomas White and Jobn "Eling, then and now overfeers of the poor of the faid parish of St. John, the faid order of the faid John Nesbitt, and did then and there demand of the faid Thomas White " and 66 |