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adjudication has been already made by two,] as well upon the oath of O. P., overseer of the poor of the parish of - , aforesaid, us otherwise, that he the said overseer of the poor has used his best endeavours to levy the said sum on the goods and chattels of him the said A. O. as aforesaid, but that no sufficient distress can be had whereon to levy the same: These are therefore to command you the said constable of the parish of aforesaid, to apprehend the body of the said A. Ó., and him safely to convey to the common gaol in the said county, and there deliver him to the said keeper thereof, together with this precept. And we, [or I, as the case may be,] do hereby command you the said keeper of the said common gaol, to receive into your custody in the said common gaol, the said A. O., there to remain without bail or mainprize, until payment of the said sum. (a) Given under our hands and seals [or, my hand and seal, as the case may be,] the day of in the year of our Lord one thousand eight hundred

at

and

Poor (Relief.)

[See 4 Burn, 122.]

THE Court of K. B. has no power to grant a mandamus to magistrates to compel them to make an order of maintenance upon any particular parish. Rex v. Justices of Middlesex, ante, title "Mandamus,” p. 370.

See 4 Burn, 129.

By stat. 3 G. 4. c. 86., stats. 57 G. 3. c. 34. c. 124. 1 G. 4. c. 60. and 1 & 2 G. 4. c. 111., for advancing money for the employment of the poor, are amended, and a further issue of exchequer bills for the purposes of those acts is authorised.

Persons Deserting their Families.

[See 4 Burn, 124.]

Dele 7 J. 1. c. 4. § 8. Et vide stat. 3 G. 4. c. 40. § 2 & 3. title "Wagrants,” post.

[See 4 Burn, 158.]

Dele the Form of Order for Maintenance, and adopt the following:

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County of To the Churchwardens and Overseers of the poor of the parish of, in the said county.

WHEREAS A. P. of the parish of, in the said county —, hath made oath before us [or, in a case of emergent and urgent distress, before me,] of his majesty's justices of the peace for the

(a) These words are copied verbatim from the statute of Elizabeth.

last for mainten

said county, that he the said A. P. is very poor and impotent, and Form of order not able to work; and that he the said A. P. did on apply for relief to the parishioners of the said parish of

at a vestry, [or, public meeting,] [or, to A. B. and C. D., two of the overseers of the poor of the said parish,] [or. to the select vestry of the said parish, and was by them refused to be relieved.

And whereas two of the overseers of the poor of the said parish have been duly summoned by us, [or, me,] to shew cause why relief should not be given to the said A. P., and have appeared before us, [or, me,] in pursuance of such summons, but have not made any sufficient cause to appear as aforesaid [or, but have made default to appear before us, or me,] according to the said summons.

And whereas [stating the special cause of granting relief,] we, [or, I,] do therefore order the churchwardens and overseers of the poor of the said parish, or such of them to whom these presents shall come, to pay unto the said A. P. the sum of -weekly and every week, for and towards h― support and maintenance, for one month, [or, in a case of emergency, for fourteen days,] [or, till the next petty sessions to be holden at -,] [or, if the parish be under contract for lodging, keeping, and maintaining their poor, for three months, unless sooner discontinued by our order,] from the day of the date hereof.

Given under our hands and seals, [or, under my hand and seal,] in the year of our Lord one thousand

day of

this
eight hundred and

Parish Westries.

[See 4 Burn, 161.]

After stat. 58 G. 3. c. 69. § 6. add the following case: - May v. Gwynne, H. 1 & 2. G. 4. 4 B. & A. 301. A rule had been obtained, calling on the plaintiff in this case to produce and permit the defendant to inspect and take copies of certain papers, belonging to the parish of Hammersmith, which were in his possession. It appeared that the defendant had, by the authority of the vestry, made a report in writing respecting the conduct of the plaintiff, founded, as it was stated, on the inspection of certain documents then in the parish chest, but now in the possession of the plaintiff. This report having been published, an action was brought by the plaintiff for a libel, which the defendant wished to justify, and these documents were necessary for that purpose; and the defendant contended, that he, being an inhabitant of the parish, was entitled to see and take copies of them. It was doubtful, in the affidavits, whether the plaintiff or another person was legally the vestry clerk of the parish.-After argument, ABBOTT C. J. said, This is a motion of the first impression; and I am of opinion that the court ought not to order a plaintiff to furnish evidence against himself. If the plaintiff be legally the vestry clerk, then he has a right to the custody of these documents; and if he be not, then the person really entitled to the office may by mandamus obtain possession of them. But the defendant has no such right; and I think that we ought not, in this case, which is for a libel, te grant the defendant's application. If the papers had been wanted for the purpose of advancing any parochial right, the case would have been different.-R. D. with costs.

ance.

The Court will not compel the vestry clerk of a parish to produce and permit copies to be taken of documents from the parish chest in his custody, for

any other than parochial purposes.

A select vestry

ment of the

parish affairs,

existing by ancient custom, cannot elect

another select vestry for the

management of

the within
poor
stat. 59 G. 3.

c. 12.

Select Uestries.

[See 4 Burn, 162.]

Rex v. Woodman and Others, E. 2 G. 4. 4 B. & A. 507. The for the manage- parish of Morpeth, in Northumberland, consists of several separate and distinct townships, each of which has its own overseers, and maintains its own poor. One of them is the town of Morpeth. Beyond the period of living memory, the church and parish affairs of the parish of Morpeth have been managed by a select vestry, consisting of 24 persons, of whom 16 have been taken from inhabitants of the town of Morpeth, and the remaining eight from the farmers in the country parts of the parish. The inhabitants constituting the select vestry have generally continued in office for life, unless they happened to leave the parish or declined to serve. In case of vacancy, the place of a town's member has been usually filled up by the remaining 15 belonging to the town, and the place of a country member by the remaining seven belonging to the country part of the parish; or as many of each set as may happen to be present on such occasions. None of the inhabitants, besides the 24, and the rector or curate, ever attended these vestry meetings. On the 19th of March 1820, a notice, signed by the churchwardens and overseers of the township of Morpeth was duly given, stating, that a meeting of the gentlemen of the 24 acting for the township of Morpeth would be held on the 4th of April, for the establishing of a select vestry for the concerns of the poor of the township of Morpeth, and on the 4th April a meeting was accordingly held by 12 of the 16 persons acting for the township of Morpeth; at which meeting the defendant and 19 other substantial householders or occupiers within the township were nominated and elected to be members of such select vestry, and an order of a magistrate was subsequently made, by which such 20 persons were appointed to act as a select vestry, for the care and management of the poor of the township of Morpeth. This order having been removed into the court of K. B. a rule nisi was obtained for quashing it, on the ground, that the persons appointed to constitute this select vestry were not chosen according to the provisions of the statute 59 G. 3. c. 12. at any general meeting in vestry of the inhabitants of the township, but at a meeting of a select body only. These several facts having been disclosed upon affidavits, after argument, ABBOTT C. J. I am clearly of opinion, that the 16 persons who constituted the ancient select vestry for the township of Morpeth cannot be considered the inhabitants of the parish in vestry assembled, within the meaning of the 59 G. 3. c. 12. The power to appoint a select vestry is expressly given to the inhabitants in vestry assembled; and here it was exercised, not by the inhabitants in vestry assembled, but by certain persons possessing some of the powers of the inhabitants in vestry assembled. It is not necessary in this case to decide what the inhabitants may do ; but I have no difficulty in saying that, in my opinion, the inhabitants at large may assemble and appoint a select vestry for the care and management of the poor, not interfering with any of the rights of the ancient select vestry. The rule for quashing the order must therefore be made absolute.-R. A.

Form of Appointment.

[Dele the Form of Appointment of a Select Vestry in 4 Burn, 165., and substitute the following:]

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County of WHEREAS in and by the statute made and passed 59 G.3. c. 12. in the fifty-ninth year of the reign of his late $1. majesty king George the third, intituled "An Act to amend the laws for the relief of the poor," the inhabitants of any parish, in vestry assembled, are empowered to establish a Select Vestry for the concerns of the poor of such parish, and to that end to nominate and elect in the same or in any subsequent vestry, or any adjournment thereof respectively, such and so many substantial householders or occupiers within such parish, not exceeding the number of twenty, nor less than five, as shall in any such vestry be thought fit to be members of the select vestry. And the rector, vicar, or the minister of the parish, and in his absence the curate thereof [such curate being resident in and charged to the poors' rates of such parish], and the churchwardens and overseers of the poor for the time being, together with the inhabitants, who shall be nominated and elected as aforesaid [such inhabitants being first thereto appointed by writing under the hand and seal of one of his majesty's justices of the peace, which appointment he is hereby authorized and required to make,] shall be and constitute a select vestry for the care and management of the concerns of the poor of such parish; and every such select vestry shall continue and be empowered to act from the time of the appointment thereof until fourteen days after the next annual appointment of overseers of the poor of the parish shall take place. And whereas it hath been this day duly made to appear unto me, being one of his majesty's justices of the peace in and for the said county of that the inhabitants of the parish of in the said county, in vestry assembled, on the instant, have, in pursuance of the

day of powers contained in the said statute, established a Select Vestry for the care and management of the concerns of the poor of the said parish, and to that end have in the same vestry nominated and elected substantial

householders and occupiers within the said parish, whose names are
hereinafter-mentioned to be members of such select vestry. I there-
fore, by virtue and in pursuance of the authority given to me by the
statute aforesaid, do hereby appoint the same substantial householders
and occupiers, that is to say, A. B., C. D., &c. [not exceeding
twenty nor less than five,] to be members of the said select vestry so
established as aforesaid for the care and management of the concerns
of the poor of the said parish of
in the said county.
Given under my hand and seal at
in the said county, the
day of-

,

one thousand eight hundred and

1 & 2 G. 4. c 56. 22 G. 3. c. 83.

Power given to
guardians to
sell poor houses

and lands.

Application of money to arise by such sale.

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By stat. 1 & 2 G. 4. c. 56. § 1., after reciting that whereas an act was passed in the 22 G. 3. intituled An act for the better relief and employment of the poor: and whereas doubts have arisen whether the guardians, or visitor and guardians of the poor, acting under the authority of the said act, can make effectual sales of houses and other buildings, with the land, yards, and gardens belonging thereto or held with the same, and give effectual discharges for, and make due application of the purchase money, and also whether an omission to appoint guardians in any year invalidates the appointment of guardians in any subsequent year; it is enacted, "that it shall and may be lawful for the guardians, or the visitor and guardians for the time being, of the poor of any parish, township, or place, or of several united parishes, townships, or places, which hath or have adopted, or shall hereafter adopt the provisions of the said recited act, or the major part or number of such acting guardians, and jointly with the visitor, if any, for the time being (notwithstanding any omission to appoint guardians in each successive year, and also notwithstanding any informality in the appointment of any such acting visitor or guardians), and they are hereby authorized, under the order and direction of the inhabitants of any such parish, township, or place, or each of several such united parishes, townships, or places, in vestry assembled, and with the consent of two justices acting in and for the county, division, city, borough, or place, or several counties, divisions, cities, boroughs, or places, within which such parish, township, or place, or several parishes, townships, or places, shall be situate, to sell and dispose of any workhouse or other houses, tenements, and buildings, outhouses, offices, yards, gardens, orchards, lands, and grounds, with their appurtenances, which may have been purchased or erected by or on behalf of such parish, township, or place, or several united parishes, townships, or places, for the purposes and under the authority of the said act, and the fee simple and inheritance thereof, or any other estate or interest therein; and by bargain and sale to convey and assure the same unto the purchaser or purchasers thereof respectively, and his, her, and their respective heirs, executors, administrators, and assigns, or as he or they shall direct, and to give and sign receipts for the purchase money, which receipts shall be effectual discharges to the purchaser or purchasers, and his, her, or their respective heirs, executors, administrators, and assigns, without any obligation on him, her, or them to see to the application of his, her, or their purchase money; and from and after every such sale, the workhouse or other houses, tenements, and buildings, outhouses, offices, yards, gardens, orchards, lands, and grounds, with their appurtenances, so sold, shall be discharged from all the trusts and purposes of the said recited act."

§ 2. Enacts, "that a competent part of the money arising from every such sale shall be applied in defraying the expenses attending the sale, and in or towards discharging any incumbrances affecting the said workhouse, or other houses, tenements, and build

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