Juftices to ad "fee fit, whereupon fuch proceedings or orders and 845. By 28. Geo. 3. c. 48. f. 15. "Where any oath is minifter oaths. «hereby required and directed to be taken, the justice or "juftices of the peace of the county, riding, city, town, "borough, or divifion where the offence fhall be committed, fhall adminifter, and he or they is and are respectively empowered to adminifter, the fame." Perfons aggriev &c. 846. By 28. Geo. 3. c. 48. f. 16. "Provided always, ed may appeal, that if any perfon fhall think himfelf or herself ag "grieved by any thing done by any juftice or juftices of "the peace in purfuance of this act, fuch perfon may ap 1 Public aft, 66 peal to the juftices of the peace at the next general or "quarter-feffions of the peace to be holden for the "county, riding, city, town, borough, or divifion wherein "the cause of fuch complaint fhall arife, having firft "entered into a recognizance, with fufficient furety, be"fore fuch juftices to profecute and abide by the order "or orders that shall be made on fuch appeal; and also "giving, or caufing to be given, to the juftice by whose "act or acts fuch perfon fhall think himself or herself "aggrieved, notice in writing of his or her intention to "bring fuch appeal, and of the matter thereof, within "fix days after the caufe of fuch complaint fhall have "arifen." 847. By 28. Geo. 3. c. 48. f. 17. "This act fhall be "deemed, adjudged, and taken to be a public act." APPENDIX APPENDIX то THE FIRST VOLUME. 587 page 86. 848. PEX v. Lakenham, Hilary Term, 25 Geo. 3. EDITOR's If it appear on MSS. This was an appeal by the inhabitants of the face of a Lakenham in Norwich against a rate made under a warrant poor's rate, that the feveral proof two juftices. The objection to the rate was, that it portions in was unequal and unjust, because perfons within the pa- which real and rifh who were poffeffed of ftock and perfonal effects, perfonal proand money out at intereft in feveral other parishes and perty are affeffed are unequal, hamlets, were not affeffed in equal proportion according THE COURTWill to their respective values, by which omiffion the prefent quash the rate. defendants were confiderably over-rated. The warrant vide ante, was grounded on the certificate of the governor and guardians of the poor under the ftatute 10. Ann, c. 6. empowering them to certify the fums neceffary for the maintenance of the poor to the mayor and justices, who may iffue warrants requiring the churchwardens and overfeers to affefs the faid fums on the inhabitants, and on every parfon, vicar, occupier of lands, houfes, tenements, tithes impropriate, appropriations of tithes, and on all perfons having and ufing stock and perfonal eftates within the faid city, or money out at intereft, according to their several and respective values and estates; and in cafe any perfon or place find themselves unequally taxed, an appeal is given to the quarter feffions. In the year 1784 the guardians appointed four perfons to make an estimate and full yearly rental of the real estates, which eftimate amounted to 46,7601. and the fuppofed ftock, money at intereft, and perfonal eftates, to 1,600,000l. In confequence of these valuations, the mode adopted for an equal affeffment of the real eftate, was one moiety of the rack rent, and of the fuppofed ftock, perfonal estate, or money out at intereft, one fortieth part of the inte reft REX V. LAKENHAM, reft thereof at four per cent.; and this proportion of rating was adopted from the great difficulty of afcertaining the real quantity thereof. The rates had been made, in purfuance of this mode, from the year 1774. At the time of making the rate in queftion, the guardians, upon the rental of real eftates, amounting to 43,430l. affeffed one moiety, viz. 21,7151. and upon the fuppofed perfonal property, amounting to 1,269,500l. affeffed one fortieth part of the intereft thereof, at the rate of four per cent. by which the real eftates contributed towards a quarterly rate of 2,2981.-21711. and the fuppofed perfonal eftates 1271. The rate for the hamlet of Lakenham was the proportion of the faid fum of 2,2981. according to the above mode of affeffing real eftates, and at the time there was no perfonal eftate in the hamlet of Lakenham. THE SESSIONS being of opinion, that the mode of affeffiment of real estates was an equal male; and, refpecting the fuppofed ftock and perfonal eftate, or money out at intereft, although one fortieth part of the intereft is only afteffed, that fuch mode contained a relative equality, as the exact quantum of the whole cannot be afcertained, and more efpecially fuch part as is ufed in trade, confirmed the rate; this order was moved to be quathed in Trinity Term laft; when the Court defired it to ftand over till Michaelmas Term laft, when, on fhewing caufe, the counfel for the rule urged the grofs inequality of the rate, and LORD MANSFIELD faid, that he thought this cafe differed from (a) Ante, page Rex v. Hardy (a); for that here the inequality was appa82, pl. 114. rent on the face of the order. But he defired it to stand over until this Term, to try if the parties would not come to fome terms; and, with the fame view, it was directed by the Court that the rule fhould be enlarged till the next Term: when, the parties not having come to terms, THE COURT faid, that it appeared on the rate, that the proportion of one perfon to another was unequal; and, therefore, that the rate muft be quathed. Overfeers may be appointed rochial place confifting of S49. Rex v. Over feers of Erford, Trinity Term, 25. Geo. 3. EDITOR'S MSS. THIS was an appeal against the apfor an extrapa-, pointment of John Player and Silas Wells to be overfeers of Eyford in Glocefter fhire, which appointment the feffions two houfes, if confirmed, and ftated, that Eyford is an extraparochial it be a vill by place, confifting, at prefent, of a manfion-boule and a farm-houfe, occupied by different perfons, but both together, with the eftate thereto belonging (of the yearly value of fix hundred pounds), the property of one perfon: that, twenty-five years ago, there was in the fame place a cottage, now gone to decay, the fcite of which reputation. was, was, at the time of the appeal, covered with a plantation. In the year 1727, the occupiers of the two prefent houfes acted as overfeers of the poor of the hamlet of Eyford, and in 1748 W. Wanley, the then owner of the estate, and occupier of the manfion-houfe, acknowledged himself to be liable to maintain certain paupers belonging to the hamlet by a certificate duly allowed, and the paupers were accordingly relieved by his tenant refiding in the farm-houfe, till within thefe fifteen years, during the latter part of which time the eftate came into the poffeffion of Mr. Dolphin, a juftice of peace, who, at his death, left his widow in poffeffion of the mansionhoufe, at which time there was likewife a widow in poffeffion of the farm-house, and it is not till within these two years that there has been any fubftantial houfholder in Eyford qualified to ferve as overfeers. From 1769 to the prefent time, the returns of men qualified to ferve in the militia have been made to the deputy lieutenants by the prefent occupier of the farm-houfe, who fubfcribed fuch returns as confiable; the perfons appointed are fubftantial houtholders, occupying of two houfes aforefaid. This cafe was argued at great length in Hilary Term last, by Mr. BEARCROFT, MR. CLYFFORD, and MR. BRAGGE, in fupport of the order of feffions; MR. WILSON and MR. LANE, against it.- LORD MANSFIELD faid: I think it should be ftated whether it is a vill by reputation. I am not fatisfied with the reafon that there are but two houfes-fuppofe a parith reduced to two houfes-the REX v. OVERSEERS OF EYFORD. cafe of Denham v. Dalham (a) was not determined on that (a) Ante, page ground only-LORD HARDWICKE goes on all the cir- 69. pl. 94. and cumftances, particularly its being called A PARK-and Burr. S. C. 35 MR. J. LEE puts it on its not being a vill by reputation. -I don't fee why, under the ftatute of 43. Eliz. c. 2. there may not be an appointment of one overfeer if there is but one substantial houfholder. The cafe was then fent back to be re-ftated, and now came up with this addition, "that Eyford was "a vill by reputation."-MR. WILSON admitted that this was decifive against the rule; but MR. LANE contended, that the facts being before the Court, they would form their own judgment, and not adopt that of the juftices.-BULLER, Justice. This is a cafe on which the Court cannot form a judg ment---they fent it to the feffions to know whether this place be a vill by reputation --the feffions fay it is, and that must make an end of it.-Order confirmed. 850. Rex accounts, the feffions difal not order the the balance to If, on an appeal 850. Rex v. Sir J. Carter and Others, Eafter Term, against overfeers 31. Geo. 3. 4. Term Ře. 246.-On an appeal against the allowance of the accounts of Mr. Read, an overfeer of low fome of the Fareham, Southampton, the feffions difallowed several items, and do items in the account, amounting, in the whole, to 421. 7s. Id.; but the order of feffions did not proceed to dioverfeers to pay rect Mr. Read to pay that fum over to the fucceeding the fucceffors, overfeers. On Mr. Read's fubfequent refufal to pay over two juftices out this fum, an application was made to two of the defenof feffions may dants, as magiftrates, defiring them to enforce payment enforce payunder the 43. Eliz. c. 2. f. 2. and 4. and 17. Geo. 2. c. 38. ment, and, if they refuse to f. 3.; but thofe gentlemen, conceiving they had no auinterfere, a man. thority to act, declined to interfere; whereupon a rule damus will lie to was obtained requiring them to fhew cause why a mancompel them. damus fhould not iffue, to compel them, or any two of them, to receive and proceed on the complaint against Mr. Read, for refufing to pay over the balance in his hands.-BURROUGH now fhewed caufe; contending that the magiftrates had no jurifdiction, as this cafe had been before the feffions, who had made a judicial order upon the subject. The 43. Eliz. c. 2. f. 2. and 4. directs the overfeers to pay over the balance in their hands to their fucceffors in four days; and in default thereof enables two magiftrates to levy the fum due by diftrefs and fale of the offenders' goods, or to commit them to prifon. The 17. Geo. 2. c. 38. f. 3. only enlarges the time of paying the balance to 14 days; giving the juftices the fame power to commit the defaulters to prifon, and omitting the levying of the balance by diftrefs and fale; and under both ftatutes an appeal to the feffions is given against the allowance of the accounts. But the power of the magiftrates is confined to cafes where there is no appeal. Here the profecutor chofe to appeal to the feffions; and therefore he fhould purfue that remedy by feffions procefs. And these magiftrates, acting out of the feffions, have no power under either of these statutes to compel the payment of the balance of this account.— LORD KENYON, Chief Justice (ftopping Portal who was to have fupported the rule), faid: It feems to me that thefe juftices have jurifdiction in this cafe. The effect of the appeal was the afcertaining the quantum of the arrears; and then the ftatute attaches, and enables the magiftrates out of feffions to enforce the payment of the balance. ASHHURST, J. and BULLER, 7. abfent. GROSE, 7. These are as much arrears now as they were before the appeal; only the quantum is afcertained. -PER CURIAM. Rule abfolute. 851. Rex |