and the salary fixed, by the confent of the parish, Rex v. Welch, i. 277. pl. 304 38. A fpecific fum of money received by an overfeer of the poor is not fuch a debt as can be proved under a commiffion of bankruptcy iffued against him previous to his accounts being delivered to the justice, Rex v. Egginton, i. 279. pl. 305 39. If, on an appeal against overfeers' accounts, the feffions difallow fome of the items, and do not order the overfeers to pay the balance to the fucceffors, two juftices out of feffions may enforce payment; and if they refufe to interfere, a mandamus will lie to compel them, Rex

. Sir J. Carter, i. 590. pl. 850

3. By 43. Eliz. c. 2. f. 19. “the "iffue fhall be tried by verdiЯ, and "not otherwife," i. 281. pl. 308

4. By 43. Eliz. c. 2. f. 19. " and if

"the verdict fhall be for the de"fendant, or the plaintiff fhall be "non-fuited, the defendant fhall "have treble damages and cofts," i. 281. pl. 309

5. If a perfon affeffed to the poor'srate refufe to pay, and on the overfeer's going to make a distress, the party voluntarily deliver his goods to the officer, and afterward Bring trefpafs against the overfeer, the defendant fhall have treble damages, and cafts, Oakley. Salter, i. 285. pl. 319

6. But the cofts fhall not be trebled, but the damages found by the jury only, ibid. i. 286. text 7. And on the plaintiff's being nonfuited, the overfeer fhall have a writ of enquiry to afcertain the damages, Brampton's cafe, i. 286. pl.

43. Eliz. c. 2. beginning with the
number four, fhews the extent to
which the Legislature intended they
hould go, and the words being af-
firmative, imply a negative that
they shall not appoint more, Rex v.
Harman,
i. 13. pl. 29

42. And therefore an order of justices appointing five overfeers of one parish, is bad, Rex v. Loxedale, i.

15. pl. 31 43. But although in the conftruction of this act, not more than four, nor less than avo overfeers are to be appointed, yet as all the overteers need not be appointed una flatu, the Court will not quafh an order appointing one overfeer; for other overfeers may have been appointed by other orders, Rex v. Befland, i. 15. pl. 30 44. And therefore an order of juftices which appointed ." being a fubftantial houfeholder of the parith "of B. to be overfeer of the poor " for the hamlet of C. in the faid parish," is good, Rex Morris,

VI.

v.

i. 612. pl. 857

ufual day for appointing overfeets, yet the Court faid, that if those made on the Sunday were bonâ fide, it was good, Rex v. Merchant, i 21. pl. 37

47. But as Sunday is an improper day for fuch bufinefs, an appointment made on Easter Sunday is, primá facie, clandestine and bad, Rex vButler, i. 21. pl. 36 48. Therefore when on a contest between two adverfe fets of borough juftices, each fet met before midnight at Easter Eve, and each began making their appointments the inftant the clock had ftruck twelve, and fo kept on renewing the fame appointments for an hour or two, but one fet made a fresh appointment at eight o'clock on the Sunday morning, the Court quafhed all the appointments, Rex v. Bridgewater, i. 22. pl. 38

σοτο,

49. When an appointment is made in confequence of a mandamus, it is good, although made above a month after Eafter, Rex v. Spari. 17. pl. 33 50. So an appointment made on Eafter Wednesday 1766 for this prefent year, is good, for it fhall be intended for the overfeers' year, Rex v. Keling, i. 20. pl. 35 51. So alfo an appointment of an overfeer for the year next enfuing will be understood to be for the overfeers' year, Rex v. Bender, i. 629. pl. 862 52. Same point, Rex v. Stubbs, i. 22. pl. 39

their own poor, and have overseers feparately appointed, the Court will grant a mandamus for the feparate appointment of overfeers for the remaining townships; and where fuch parish has immemorially had more than four overfeers, that is a proof that they cannot have the benefit of the 43. Eliz. c. 2.; and intitles each township to have fepa- ́ rate overfeers, Rex v. Sir Watts Horton, i. 46 pl. 54 73. So when a town hip has had for fixty or feventy years paft feparate overfeers, and has maintained its own poor feparately from the parith at large, it is ftill intitled to the fame privilege, Rex v. Leigh, i. 49. pl. 55

74. But when a parish confits of two feparate districts, each of which immemorially made a feparate rate, but the money when raifed was blended together in one joint fund, though applied in certain proportions, and the feffions did not find it as a fact that the parish could not reap the benefit of the 43. Eliz. c. 2. it was held that the districts were not intitled to maintain their own poor feparately and difti.Aly, although fince the year 1648 they have conftantly had, in the whole, more than four overfeers, and although the hamlet part has immemorially had a conftable of its own, Rex v. Newell, i. 591. pl. 851 75. For the time and manner of appealing against an appointment of overfeers, See ante- APPEAL.

and atteft the caption of the fame at the foot of the account, "and the overfeers fhall deliver "over all the ftock, and pay the balance remaining in their hands "to their fucceffors," i. 256. pl. 262

8. By 17. Geo. 2. c. 38. "the fe books of account fhall be carefully preferved in fome public "place; fhall be open, at all fea"fonable times, to the infpection of "any perfon affeffed; and copies "thereof delivered if required," i. 257. pl. 263

9. By 17. Geo. 2. c. 38. "if any "overfeer fhall refufe or neglect "to account and pay the balance "as aforefaid, two juftices may "commit fuch overfeer until he "complies,"

i. 257. pl. 264

11. By 17. Geo. 2. c. 38. " if any overfeer fhall die, his executors "or adminiftrators fhall, within "forty days after his deceafe, de"liver over all things concerning

his office to the churchwarden " or other overfeer of the fame "place, and pay the balance out

of affets before any of his other "debts are paid and fatisfied," i. 257. pl. 266

12. By 17. Geo. 2. c. 38. f. 11. "the fucceeding overfeers may "levy arrears of rates due to their "predeceffors, and out of the "money reimburse their prede

ceffors fums expended for the ufe "of the poor, and which are al"lowed to be due to them upon "their accounts," i. 257.

pl. 267

II.

OF

making up, and delivering

THE ACCOUNT.

13. The authority given to the jaf tices by the above ftatutes cannot be delegated, Rex v. Turner, i. 259. pl. 272

14.

The juftices have only power over overfeers accounts, although the office of overfeer is annexed to that of churchwarden, Rex v. Peake, i. 258. pl. 268

15. If an overfeer refuses to account, the warrant of commitment mult be" until he fhall account," Rex v. Mayor of Northampton, i. 258.

pl. 269 16. But if an account be tendered the juftices cannot commit, Rex v. Carrock, i. 259. pl. 270

17. For where an account is produced, it is the duty of the juices to go into it, to hear the objections made to it, to expunge what is wrong, and frike a balance, Walrond's Cafe, i. 260. pl. 274 18. Previous to the ftatute 17. Geo.2. c. 38. the old corfeers were to deliver their accounts to two juf tices, and not to the fucceeding overfeers. Anonymous, i. 259. pl.

271