25. The authority given to juftices by 43. Eliz. c. 2. refpecting overfeers' accounts cannot be delegated, Rex v. Turner, i. 259. pl. 272 26. By 7. Jac. 1. c. 5. & 21. Jac. 1. C. 12. "if an action be brought "against a justice for any thing "done concerning his office, he "may plead the general iffue, and "give the fpecial matter in evi"dence," i. 282. pl. 310 27. And shall be allowed double cofts, i. 282. pl. 311 28. By 24. Geo. 2. c. 44. "juftices 'granting warrants fhall be made defendants in actions brought "againft officers for executing "them," i. 284. pl. 310 29. Juftices cannot award an attachment against overfeers, Rex v. BartLet, i. 286. pl. 322 30. By 43. Eliz. c. z. " two juftices 66 are to judge whether the excufe "of overfeers for abfenting themfelves from the monthly meetings in the church are allowable," i. 291. pl. 331 36. The juftices have authority to commit a foldier for ditobeying an order of bastardy; for he is not protected against fuch commitment by the mutiny act, i. 424. pl. 557 37. Both juftices must be prefent at the fame time and place when a woman is examined and committed for not filiating a baftard child, i. 426. pl. 562 38. Authority of the justices refpecting apprentices, i. 503 to 519 L. LABOURERS. See SETTLEMENT BY HIRING AND SERVICE. LAND. 1. Lands may be rated to the poor's rate at three-fourths of their yearly value, Rex v. Brograve, i. 81. pl. 113 2. A rate on the one half of the full yearly value or rack-rent of farms is good, Rex v. Hardy, i. 82. pl. 114 3. A rate on lands and houfes at one penny in the pound without ditinction, is bad, Rex v. Butler, i. 84. pl. 115 4. Whether lands and houses are to be rated in different proportions depends on local circumitances, Rex v. Sandwich, i. 85. pl. 46 5. The poor's rate is a charge upon the occupier with respect to the land occupied, Early's Cafe, i. 92. pl. 122 6. Same point, Theed v. Starkey, i. 97. pl. 142 7. Hofpital lands are rateable to the poor, i. 94. pl. 134 as the $. A corporation feifed of lands for their own profit rateable to poor, Rex v. Gardner, i. 118. pl. 159 9. Land from which there iffues a mineral fpring is rateable for the profits of the fpring as well value of the land, Rex v. Miller, i. 139. pl. 165 10. A fum of money paid annually by the owners of lands in lieu of tithes is rateable to the poor, Lounds v. Horne, i. 140. pl. 166 11. Same point, Ran v. Picking, i. 149. pl. 170 12. Lands purchased by a company and converted into a dock are rateable to the poor, Rex v. Dock Company of Hull, i. 165. pl. 176 13. The ranger of a royal park is rateable as fuch for the inclofed lands in the park which yield a certain annual profit, Lord Bute v. Grindall, i. 167. pl. 177 14. An exemption in a private ftatute of lands given to charitable purposes" from all taxes, charges, ་་ and affeffments whatfoever," extends to the poor rate, Rex v. Scott, i. 185. pl. 185 15. Lands vefted by a private statute in the owner free from taxes, not liable to be rated, Williams v. Pritchard, i. 187. pl. 185 16. Same point, Eddington v. Bowi. 188. pl. 187 man, M. MACHINE. See ENGINE POOR'S RATE. MAINTENANCE OF RELATIONS. not 1. By 43. Eliz. c. 2. £. 7. "6 the fa"ther and grand-father, and the "mother and grand-mother of every poor, old, blind, lame, and "impotent perfon, or other perfon able to work, being of fuf"ficient ability, fhall, at their own charges, relieve and maintain "every fuch poor perfon at the "rate the juftices in feffions fhall "affefs; on pain of twenty fhillings a-menth," i. 311. pl. 377 2. By 43. Eliz. c. 2. f. 11. "the Reve, 6. And this jurifdialon must be exercifed at a quarter-feffions, and be fo flated to have been in the order; for an order ftating that it was made at a general feffions is bad, Rex v. Charnock, i. 314. pl. 384 13. And the order may be made to pay till the court fhall direct "the contrary," Jenkins' cafe, i. 315. pl. 388 14. But it muft ftate that the perfon on whom it is made is a perfon of fufficient ability, Rex v. Hallifax, i. 315. pl. 389 15. And be expreffed in pofitive terms, and not by way of recommendation, Rex v. Pennoyr, i. 316. pl. 393 16. So alfo it must fhew that the person on whom it is made is within the jurifdiction of the court, Rex v. Woodford, i. 317. pl. 394 17. An order made on a feme covert is bad, Guftodies v. Julies, i. 320. pl. 399 18. The reputed grand-father of a poor orphan child cannot be or. dered to maintain it; for baftardi are not within the 43. Eliz. c. 2. Rex v. Reve, i. 317. pl. 395 Dum i. 321. pl. 4oz 7. An order of maintenance cannot ply, 21. Same point, Westminster v. Ger- 22. But by the death of the wife Juftice, although the relationship is determined by the death of the wife, yet by an equitable conftruction of the ftatute the husband fhall continue to be confidered as the grand-father of the poor perfon, Rex v. Barney, i. 319. notis 24. But it has been fince determined, that the ftatute extends only to natural natural relations, and not to relations in law, Rex v. Kempfon, i. 324. pl. 410 25. Same point, Waltham v. Sparkes, i. 320. pl. 400 26. If the father be living, and unable to maintain his child, an order may be made on the grand father, Rex v. Joyce, i. 322. pl. 405 27. While this ftatute was conftrued to extend to relations in law, it was held that the husband was liable to maintain his wife's children by a former marriage, Rex v. St. Botolph Aldgate, i. 322. pl. 404 28. But even then it was held that this liability only continued during the life-time of the wife, Rex v. Clentham, i. 322. pl. 403 29. But now it is fettled, that the ftatute only extends to provide for natural relations, Rex v. Manden, i. 323. pl. 407 30. Same point, Rex v. Kempfon, i. 324. pl. 410 31. And therefore a man is not bound to maintain his fon's wife, Rex v. Dun, i. 322. pl. 406 32. Nor a fon-in-law to maintain his mother-in-law, Rex v. Munden, i. 323. pl. 407 33. Nor a husband to maintain his wife's mother, Rex v. Monday, i. 323. pl. 408 34. Nor his wife's daughter, Rex v. Bennoire, i. 323. pl. 409 35. Same point, Woodford v. Lilburn, i. 325. pl. 411 36. Same point, Tubb v. Harrijon, i. 326. pl. 412 37. A few is not liable to maintain his daughter, under the 43. Eliz. c. 2. and therefore where an order was made for a Jew to maintain an only daughter whom he had turned out of doors for cery is authorized to make fuch "order therein as fhall be fit," i. 312. pl. 380 39. The fame is alfo enacted by 11. & 12. Will. 3. c. 4. f. 7. refpecting the Proteftant children of Popish parents, i. 312. pl. 379 40. Difobedience to an order of maintenance is indi&able, Rex v. Robinjon, i. 327. pl. 413 41. See alfo Rex v Archer, i. 424. pl. 557 42. On an order of maintenance weekly, the money is due at the beginning of the week, Rex v. Fearnley, i. 367. pl. 464 See BASTARDS-RELIEVING POOR -VAGRANTS. MANDA MU S. 1. In what cafes the Court will grant a mandamus for the appointment of overfeers, i. 46. et feq. 2. In what cafes a mandamus lies to make a poor-rate, i. 61. et feq. 3. The Court will grant a mandamus to juftices to allow a poor's rate, i. 6z. pl. 81 4. A mandamus will not lie to over, feers to make a rate to reimburse former overfeers, i. 75. pl. 100 5. A mandamus will not lie to overfeers to make an equal rate, i. 79. 6. pl. 106 i. 203. pl. 226 embracing chriftianity, the order 7. Same point, VOL. I, * f i. i. 251. pl. 247 3. A 8. A mandamus granted to two juftices to fign a warrant of diftrefs, i. 207. pl. 208 9. A mandamus will lie against the preceding overfeers to compel them to deliver their books and papers to their fucceffors, Rex v. BletPhow, i. 260. pl. 276 10. Same point, Rex v. Clapham, i. 261. pl. 279 11. A mandamus to fwear an overfeer to his accounts, according to the 17. Geo. 2. c. 38. is of courfe, Rex v. Juftices of Middlejex, i 260. pl. 278 4. "fhall dwell in any extra-paro"chial place, having no church or chapel wherein banns have been "ufually published, the banns fhail "be published in the parifh-church of the parish adjoining to fuch extra-parochial place; in which "cafe the minifter fhall certify the publication thereof, in the fame "manner as if either of the par"ties had dwelt in fuch adjoining "parish," i. 66. pl. 83 By 26. Geo. 2. c. 33. f. 2. “banns fhall not be published unless the "perfons to be married fhall, feven days before the first publication, "deliver to the minifter a notice "in writing of their names and "places of abode, and the length of time they have refpectively dwelt in the parish," i. 66. pl. 84 5. By 26. Geo. 2. c. 33. f. 3. no minifter fhall be cenfured in the "ecclefiaftical court, for marry 66 ing perfons, both or one of "whom fhall be under age, with"out confent of parents or guardians, unless he shall have notice "of the diffent of fuch parents or 66 guardians by an open declaration "in the church at the time "of publishing the banns, in "which cafe fuch publication of "banns shall be abfolutely void," i. 66. pl. 85 6. By 26. Geo. 2. c. 33. f. 4. 4. по "licence fhall be granted to folem"nize any marriage in any other than in the church or chapel of "the parish within which one of "the perfons to be married fhall "have been for the space of four "weeks immediately before the "granting of fuch licence; or, "when both or either of the par-' ties fhall dwell in any extra"parochial place, then in the parish-church adjoining,” i. 67. pl. 86 |