377. Bather, and the mother and grandmother, and shall be relieved Y 43. Eliz. c. 2. f. 7. "The father and grand- Poor perfons

66

or children.

2. Bulft. 344

"the children of every poor, old, blind, lame, and im- by their parents "potent perfon, or other poor perfon not able to work, "being of a fufficient ability, fhall, at their own charges, "relieve and maintain every fuch poor perfon in that manner, and according to that rate, as by the juftices "of peace of that county where fuch fufficient perfons "dwell, or the greater number of them at their general quarter-feffions, fhall be affeffed, upon pain that every one of them fhall forfeit twenty fillings for every month "which they fhall fail therein.'

66

378. By 43. Eliz. c. 2. f. 11. "Such penalties and for- The penalties "feitures fhall go and be employed to the ufe of the levied for dif "poor of the fame parish, and towards a ftock and habi- obeying an or "tation for them, and other neceffary ufes and relief, der of mainte" and fhall be levied by the faid churchwardens and the relief of the overfeers, or one of them, by warrant from any two poor.

"juftices of the peace, or mayor, or alderman, or head "officer of city, town, or place corporate, refpectively "within their feveral limits, by diftrefs and fale thereof as

nance to go to

"aforefaid (a); or in defect thereof, it fhall be lawful for (a) Vids ante, "any two fuch juftices of the peace, and the faid aldermen page 201. pl. "and head officers within their feveral limits, to commit 190. "the offender to the common gaol, there to remain "without bail or mainprize till the faid forfeitures fhall "be fatisfied and paid."

Popish parents

refufing to allow their proteftant

child a fitting maintenance,

379. By 11. 12. Will. 3. c. 4. f. 7. "To the end that the proteftant children of popish parents may not in the life-times of fuch their parents, for want of fitting "maintenance, be neceffitated, in compliance with their the lord chancel-parents, to embrace the popith religion contrary to lor fhall make their own inclinations, BE IT ENACTED, That if any "fuch parent, in order to the compelling fuch his or "her proteftant child to change his or her religion, fhall "refule to allow fuch child a fitting maintenance fuit"able to the degree and ability of fuch parent, and to "the age and education of fuch child, then upon com"plaint thereof made to the lord high chancellor of

order therein.

Jewish parents

dren a fitting maintenance.

Vide the cafe of Jacob Mendes de Breta, poft. pl. 387. and

England, or lord keeper of the great feal, or commif"fioners for the great feal for the time being, it shall be "lawful for the faid lord chancellor, lord keeper, or "commiflioners, to make fuch order therein as fhall be "agreeable to the intent of this act."

66

380. By 1. Ann. ft. 1. c. 30. To the end that fuffito allow their "cient maintenance be provided and allowed for the proteftant chil-children of Jewifh parents who fhall turn proteftants, BE IT ENACTED, If any Jewish parents, in order to "the compelling of his or her proteftant child to change his or her religion, fhall refufe to allow fuch child a "fitting maintenance fuitable to the degree and ability "of fuch parent, and to the age and education of fuch "child, then (upon complaint thereof made to the lord "high chancellor of England, or lord keeper of the great "feal, or commiffioners for the great feal for the time being) it fhall and may be lawful for the faid lord "chancellor, lord keeper, or commiffioners, to make fuch "order therein for the maintenance of fuch proteftant "child as he or they fhall think fit."

pl. 401.

The juftices of the district in

on whom the

order of maintenance is made!

II. The jurifdiction of the feffions.

381. Rex v. Reve, Mich. Term, 7. Car. 1. 2. Bulft. 344. -The defendant was brought to the bar upon a habeas which the party corpus. It appeared by the return, that he had een committed by virtue of a warrant from a juftic if the peace for the county of Middlefex, becaufe he being the reputed grandfather of one Benjamin Gregory, a poor fatherless and motherlefs child, maintained at the charge of the parish of St. Giles in the Fields, and being alfo a man of ability, had refufed to maintain or provide for the child, or to find fureties for his appearance at the next quarter-felons for the county of Middlefex. It was moved to dif

dwells, alone have jurifdic

tion.

charge

charge the defendant, because the defendant lived and in- Rx v. 3aveq habited in the town of Eye, in the county of Suffolk; that he came to London not to refide, but to follow fome fuits which he had in the ftar-chamber; and being there, he was apprehended by this warrant in the county of Middlefex; that the quarter-feffions of Middlefex have not any power by 43. Eliz, c. 2. to make any order in this cafe, the party inhabiting the county of Suffolk; and therefore all which has been here done is coram non judice. THE COURT (a). (4) JONES and CROKE, Juice It is very reasonable that he, being of fufficient ability, fhould contribute to fupport his grandchild; but he is not compellable to do it by the courfe which has been taken in the prefent cafe: the child refides here in the parish of Sed vide poft. St. Giles, which is in the county of Middlefex, and there- contra. fore the contribution must be here; but the party who is to pay this contribution refides in the county of Suffolk. The juftices of the peace for the county of Suffolk may make an order in this cafe, and thereby caufe the money to be fent from thence to the parish of St. Giles; but the quarter-feffions of Middlefex have no authority in this cafe. The Court therefore ordered the defendant to be bound over to appear at the next quarter-feffions to be held for the county of Middlefex; and upon his entering into recognizance for this purpose he was difcharged.

the rate of maintenance, and,

382. Rex v. Humphries, Mich. Ferm, 24. Car. 2. Styles, The juftices at 154.-The Court was moved to quash an order of fef- feffions must fet fions made at Derby for parents to relieve their poor children. The exception taken was, That the 43. Eliz. cannot delegate c. 2. appoints that the juftices in feffions fhall fet the rate their authority. that is to be paid for their maintenance, which the juftices here have not done, but have transferred their authority over to other juftices to do it, which they cannot do; and fo the order made by the juftices is not good.-THE COURT faid, This is all one as if an arbitrator fhould arbitrate another to make the arbitrament, which is not good; therefore let the order be quashed.

from their own

383. Shermanbury in Suffex v. the Parish of Bolney, Trinity The justices Term, 5. Will. & Mary, Comb. 279.-A poor man who cannot remove, was legally fettled in the parish of Bolney, married a wi- poor perfons dow who was, at that time, an inhabitant of the parish parifh to that of Shermanbury, and had three children living by her where the rela first husband, all of whom were under the age of feven tions live who years, and maintained by the parish of Shermanbury, are to maintain at the allowance of three fhillings a week. After this marriage the mother and the three children were fent to the parish of Bolney, where the husband was fettled. The

juftices,

them.

SHERMANEU juftices, upon complaint of the officers of the parish of KYinSUSE. Bolney, made an order that the parishioners of ShermanTHE PARISH Of bury fhould continue to pay the three fhillings a week

BOLNEY,

An order of maintenance

at

towards the maintenance of the children; and, on appeal to the feffions, this order was affirmed. But, being removed by certiorari into the court of king's bench, it was moved to quafh it, becaufe the juftices of Bolney had no power to make an order for fuch payment towards the maintenance of the children now they dwell in another parish. THE COURT. The marriage of the mother into the parish of Baincy fhall not fettle her children there unlefs they were nurfe children, for fuch must go with the mother, but it was doubted whether thefe children, being under feven years of age, fhall be reputed to be nurfe children. It was then objected, that it did not appear in this cafe but that the father-in-law was of fufficient ability. To this it was anfwered by G. EYRE, Justice, that where the relations are obliged to maintain their poor friends, fuch poor people fhall not be removed out of their own parifh, where they are settled, unto that parith where their relations live; for by that means, upon the death of fuch relations, the parish where they lived may become chargeable, which ought not to be; and therefore the poor perfon fhall continue in his own parifh, and his relations fhall maintain him there.-ET PER CURÍAM, This cafe is within the equity of the ftatute for the relief of the poor; and there is no reafon that Shermanbury fhould be difcharged of the children by their mother's marriage.

384. Rex v. Charnock, Hilary, 9. Will. 3. Comb, 418.— The defendant was indicted for not performing an order a guaster and ret of feffions requiring him to relieve and maintain his fon's at a general fef. wife. The indictment being removed into the king's bench was quafhed, because it ftated the order to have been made at a general feffion, and not at a quarter-feffion ; for by the 43. Eliz. c. 2. f. 7. the juftices are only emCafe, Salk. 476. powered to make an order in this cafe at their general where the fame quarter-ffiers; and they may hold other general fetlions point is deur than thofe four quarter-feffions, which they are required to hold by the ftatute of 2. Hen, 5. ft. 1. c. 4.

Y.de Purnal's

wined.

An order of

cannot dir.ch the

fent to the per

385. Rex v. Jones, Trinity Term, 9. Ann. Foley, 53,— .maintenance This was an order for the grandmother to take care of her. pauper to be, grandchildren; and by the order the grandchildren were fent to the grandmother.-THE WHOLE COURT were son on whom it unanimous, that they could not fend the grandchildren to the grandmother, but that the juftices ought to have made a rate upon the grandmother of fo much a week. The order was therefore quafhed.

made...

386. Res

may make fuch

386. Rex v. Kempfon, Mich. Term, 7. Geo. 2. MSS,-At The authority of a general quarter-feffion of the peace holden at Staford on the feffions, by the 43. Eliz. the 3d April 1732, upon the appeal of the churchwardens. 0. 2. in making and overfeers of the poor of the parish of Gofnal, in the orders of maincounty of Stafford, an order was made gainft James Kemp- tenance for poot fon the elder, for the maintenance of his fon's wife. This relations is a order was removed into the court of king's bench by certio-ginal; but they rari.—MR. ABNEY contended, that as the feffions have by order on the ap the 43. Eliz. c. 2. an original jurifdiction to make fuch or-alef overieers, der, it must have been made there, and cannot come to them against the rela» tion of the poot by way of APPEAL, as in this cafe; and for this irregu larity the order is a mere nullity.-MR. PARKER, contra, This order of feffions was not made upon an appeal Salk. 474 476, against an order, but on an appeal against Samuel Kempfon. LORD HARDWICKE, Chief Justice. It is not faid to be an appeal from an order; it is a loose way of applying to the Court; but it will not vitiate the order..

III. The form of the order of maintenance.

perfon

387. St. Andrew's Underfhaft v. Jacob Mendes de Breta, Thepauper muft Mich. 13. Will. 3. Ld. Raym. 699.-The defendant was be adjudged to be poor, or like A JEW, whofe only daughter embraced Chriftianity; where- ly to become upon he turned her out of his house, and refufed her the chargeable. leaft maintenance. Upon which, on complaint to the juftices at the general quarter-feffions, they, reciting that The was the daughter of the defendant, and that he was able to maintain her, made an order upon him (he being very rich) to allow her twenty fhillings per month, under the penalty of twelve pounds; and this order they founded on the 43. Eliz. c. 2. f. 7.-And now it was quafhed, because the justices have not jurifdiction to make fuch an s. order, it not being within the ftatute; because it was not alledged that he was poor, or likely to become charge- ft. able to the parith (a).

c. poft. pl.

(a) Sed vide

401. and the

1. Ann. c. 30 ante, pl. 380.

388. Jenkins's Cafe, Eafter Term, 5. Ann. 2. Salk. $34. To pay till the -An order of feflions was made, that the defendant Court shalt fhould pay two fhillings weekly towards the fupport of order the conhis father, till that court fhould order to the contrary; order. trary, is a good which was held good, because it was indefinite and no fet time limited and if an eftate fhould fall to the pauper, application might be made to the justices; otherwise if a time was limited.

389. Rex v. Hallifax, Hilary Term, 12. Ann. Poor's Sett. An order on a pl. 52.-An order of feffions was made for the father-in-father-in-law to maintain his daughter-in-law muft ftate that he is of fufficient ability.-S. P. decided in the fame Term in the cafe of Rex . Dunn.

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