mitting magiftrate, when the defendants admitted the fe- REN.BROOKE. veral parties to bail; and they could not have mistaken as to whom notice ought to have been given.-GROSF, Juflice. It must be fhewn, in thefe cafes, that the magiftrates against whom informations are prayed, have acted illegally and corruptly. As to the illegality of the proceedings of thefe defendants, there can be no doubt. In the courfe of the laft Term (a), a difficulty arofe in my (a) Vide the cafe mind from the obfcure penning of this act of parliament. of Rex v. SparI doubted at firit, Whether a party committed by a ma- row and Anogiftrate upon the 7th fection (b) was committed in execu- Rep. 193. ther, 2. Term (b) Ante, page, いいい・ tion? But I have had time to confider of it fince; and I am now clearly of opinion, that it is a commitment in execution: but whether fo or not, I am clearly of opinion that the party is not bailable; and fo it feemed to me laft Term. But as this question might have been a matter of doubt or difficulty to the defendants, if they had acted merely from an error in judgment, they ought not to be anfwerable in fo criminal proceeding as an information. But there are other acts of illegality imputed to them befides that; one of which is, that they took upon themfelves to bail the feveral perfons who had been committed without the knowledge or concurrence of the committing magiftrate, which they are exprefsly forbidden to do by the 32d fection; and as they juftify themfelves upon the conftruction of the act, they cannot be fuppofed to be ignorant of this claufe. After condemning the granting of the fuperfedeas, he went into a detail of the facts as they appeared upon the affidavits; from whence he inferred, that corrupt motives were clearly to be imputed to the defendants Brooke and Robinfon; and agreed, that as to Williams the rule fhould be difcharged.-Rule abfolute against the defendants Brooke and Robinfon.-PIGOTT The Court, on then moved the Court to compel the profecutors to give formation, will fecurity for the cofts, in cafe the defendants fhould be ac- not order fecuquitted, over and above the recognizance in 201. re- rity for cofts, quired by the 4. & 3. Will. & Mary, c. 18. f. 2, according to what the Court had thrown out in the cafe of The King against Filewood and Another (c). But THE COURT refufed (c) 2. Term the application, faying, that if any alteration were neceffary, it had better be done by legislative authority than by an order of the Court, granting an in &c. Rep. 145. c. 5. must be a 426. Rex v. Rhodes, Eafter Term, 31. Geo. 3. MSS. A commitment -The defendant being brought up by habeas corpus, on 17. Geo. 2. it appeared that he had been committed to the house commitment in of correction in Middlefex under the following warrant execution, and is therefore had unless it be preceded by a conviction, the REX.BROUKE. "Receive into your cuftody the body of Francis Rhodes "herewith fent you, brought before me 7. Spiller, efq. one "of his majesty's juftices of the peace, &c. by 7. Armstrong, "constable, and charged before me the faid juflice upon "oath of Mary Green for being a rogue and vagabond within "the intent and meaning of an act entitled, &c. [17.Geo. 2.]; "for that the faid Francis Rhodes on the 25th of March "lafl at, &c. did unlawfully ufe a certain fubtle craft to "deceive and impofe upon the faid Mary Green, by pre"tending to tell the fortune of the faid Mary Green and "her husband James Green, and did then and there fore"tell events which fhould happen to and concern her "hufband James Green, contrary to the ftatute, &c.; him "the faid Francis Rhodes therefore fafely keep in your "cuftody until the next general feffions of the peace to be holden "for the faid county, then and there to be further dealt with ac"cording to law; and for fo doing, &c."-ERSKINE and GARROW moved to discharge the defendant out of cuftody, contending, that the warrant of commitment, which purported to be a conviction, was void, becaufe Rhodes was only charged with, but not convicted of the ofence; and infomuch differs from Rex v. Brooke: and alfo, because it did not purfue the words of the ftatute in committing him till the next feffions, or until difcharged by due courfe of law; thereby depriving him of the advantage of being difcharged by two magiftrates, as the act directs.-BEARCROFT and the COMMON SERJEANT, contra, admitted this was not a commitment in execution, becaufe the defendant was not convicted; but contended, that the juftice had his option either to convict or commit as he has now done; and that in this case he must give bail for his appearance. THE COURT, after pointing out the inaccuracy of this ftatute, decided, that as from the conftruction of it there must be a previous conviction to warrant the fentence, and that not having taken place here, the prefent warrant cannot be a commitment in execution, and is therefore bad and it is alfo bad, because it only commits until the next feffions, without adding, or difcharged by due courfe of law (a), (a) As this Cafe will be speedily published in the Term Reports more at large, the reader is defired to refer to it there rather than depend on the above, which is only a loofe note taken by the Editor, СНАР. CHAPTER THE SEVENTH. OF THE RELIEF AND ORDERING OF THE POOR. 427. 66 66 1. The flatutes. 11. For what and by whom an order may be made. IV. Relieving families of militia men. BY I. The flatutes. Elix. c. 2. f. 1. 43. "The churchwardens. The overfeers of "and overfeers of every parish, or the greater every parish, with the con part of them, fhall take order from time to time, by fent of two juf"and with the confent of two or more juftices of the tices, fhall take peace in the fame county, whereof one to be of the order for the quorum (a), dwelling in or near the fame parish or di- relief of the "vifion where the fame parish doth lie, for fetting to poor. "work the children of all fuch whofe parents fhall not 66 by the faid churchwardens and overfeers, or the greater part of them, be thought able to keep and maintain "their children; AND ALSO, for fetting to work all fuch 66 perfons married or unmarried, having no means to "maintain them, and ufe no ordinary and daily trade of "life to get their living by: AND ALSO, to raife weekly or "otherwife (by taxation ofevery inhabitant, parfon, vicar, "and other and of every occupier of lands, houses, tithes impropriate, propriation of tithes, coal mines, or fale"able underwoods in the faid parish, in fuch competent "fums of money as they fhall think fit) a convenient "stock of flax, hemp, wool, thread iron, and other neceffary ware and stuff, to set the poor on work: AND 66 ALSO, competent fums of money for and towards the "neceffary relief of the lame, impotent, old, blind, and "fuch other among them being poor and not able to "work: AND ALSO, for the putting out fuch children to "be apprentices, to be gathered out of the fame parish, according to the ability of the fame parish; and to do "and execute all other things as well for the difpofing "of the faid ftock as otherwife concerning the premifes "as to them fhall feem convenient." 66 and churchwar 428. By 43. Eliz. c. 2. f. 2. "The faid churchwardens The overfeers. "and overfeers fhall meet together at least once every dens fhall meet "month in the church of the faid parish, upon the Sun- once a month to "day in the afternoon after divine fervice, there to con- confult refpec "fider of fome good courfe to be taken, and of fome ting the relief and ordering "meet order to be fet down in the premises, &c." the poor (a) By 26. Gco. 2. c. 27. "No "act or order of two or more juftices to be vacated for not expref 24 "fing that one or more of fuch jus- 429. By Poor people refufing to work may be fent to the house of correction. The churchwar dens and over agreement with manor, erect the poor. 429. By 43. Eliz. c. 2. f. 4. "It fhall be lawful for "the faid juftices of the peace, or any one of them, to "fend to the house of correction or common gaol fuch as fhall not employ themfelves to work, being appointed thereunto as aforefaid." 66 66 66 દ 430. By 43. Elix. c. 2. f. 5. " To the intent that neceffary places of habitation may more conveniently be fcers may, upon provided for fuch poor impotent people, it fhall and the lord of the may be lawful for the faid churchwardens and over"feers, or the greater part of them, by the leave of the habitations forlord or lords of the manor, whereof any wafte or the reception of common within their parish is or fhall be parcel, and upon agreement before with him or them made in "writing, under the hands and feals of the faid lord or "lords, or otherwife, according to any order to be fet "down by the juftices of the peace of the faid county at "their general quarter-femons, or the greater part of "them, by the like leave and agreement of the said lord or lords, in writing under his or their hands and feals, to "erect, build, and fet up in fit and convenient places of "habitation, in fuch wafte or common, at the general "charges of the parish, or otherwife of the hundred or "county, as aforefaid, to be taxed, rated, and gathered in (4) This ftatute "manner before expreffed, convenient houfes of dwelis repealed by "ling for the faid impotent poor; and also to place in15.Geo.3.c.32. 66 mates, or more families than one, in one cottage or as tending to lay houfe, notwithstanding the 31. Eliz. c. 7. (a); which cottages and places for inmates fhall not at any time after ficulty in pro-be uied or employed to or for any other habitation but curing hahitaonly for the impotent and poor of the faid parish.” the industrious poor under dif. tions. The overfeers, 66 431. By 3. Car. 1. c. 4. f. 22. "The churchwardens &c. may, with" and overfeers of the poor mentioned in the 43. Eliz. confent of the 66 c. 2. may, by and with the confent of two or more trades for the the poor, juftices,establish "juftices of the peace (whereof one to be of the quorum) employment of" within their refpective limits, wherein thall be more "juftices than one, and where no more fhall be than one, with the affent of that one juftice of the peace, fet up, ufe, and occupy, any trade, myftery, or occupation, "only for the fetting on work and better relief of the poor of the parish, town, or place, of or within which they thall be churchwardens or overfeers of the poor, any former ftatute to the contrary notwithstanding." The juftices at feflions may or der a ftuck of 432. By 19. Car, 2. c. 4. f. 1. “Whereas there is not yet any fufficient provifion made for the relief and fetting materials to be provided for fetting poor prifoners on work. 66 ἐσ on work of poor and needy perfons committed to the common gaol for felony and other mifdemeanors, "who many times perith before their trial; and the poor "there living idly and unemployed become debauched, "and come forth inftructed in the practice of thievery "and lewdnefs: for remedy whereof, BE IT ENACTED, "That the juftices of the peace of the refpective coun"tics, at any of their general feffions, or the major part of "them then there affembled, if they fhall find it needful "fo to do, may provide a stock of fuch materials as they "find convenient for the fetting poor prifoners on work, "in fuch manner and by fuch ways as other county 66 charges by the laws and ftatutes of the realra are and may be levied and raifed (a); and to pay and provide fit (a) See the 12. perions to oversee and fet fuch prifoners on work; and Geo. 2, c. 29. "make fuch orders for accounts of and concerning the 66 86 premises as fhall by them be thought needful, and for "punishment of neglects and other abuses, and for be"ftowing of the profit arifing by the labour of the pri"foners fo fet on work, for their relief, which shall be duly obferved; and may alter, revoke, or amend fuch "their orders from time to time; provided that no parish "be rated above fixpence by the week towards the pre"mifcs, having refpect to the respective values of the "feveral parishes.' 433. By 19. Car. 2. c. 4. f. 2. "And whereas fomé- The theriff, in times by occafion of the plague, and other whiles by cafe of fickness "the great number of prifoners, great and infectious and difeafes hap"difeafes have happened among the prifoners, whereby prifoners, may pening among "it hath come to pafs fometimes that the judges, juf provide proper "tices, and jurors have, upon occafion of their atten- places to remove "dance at the trial of prifoners, been infected, and many them to. "of them died thereof, and fometimes fuch infection "hath spread in, the country: for fome remedy therein, "BE IT ENACTED, That any fheriff of the refpective "counties, having the cuftody of the gaol, or fuch per"fons who have the cuftody of the gaol, with the advice "and confent of three or more juftices of the peace, "whereofone to be of the quarum (b), may, if they fhall on (6) Ante, 343' enquiry or information find it needful, upon emergent note (4). "occafions in the refpective counties, provide other fafe "places for the removal of fick or other perfons from "and out of the ordinary and ufual gaols; the fame places to be ufed and employed for the reception and "cuftody of the prifoners, to be by or according to their order or orders kept, ordered, difpofed, and conveyed "to the places appointed for the gaol delivery, in fuch and |