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obedience of the order, it would have been no defence to him to have urged that he returned for the purpose of completing his contract. The order of removal put an end to the contract.” (1)

The statute seems to consider, that every immediate return into a parish from whence a pauper is removed, unless the party comes back in some condition which exempts him from being removed under the poor laws, is an unlawful returning, by which he incurs the guilt of vagrancy. If, therefore, a person who has been removed returns to the same parish, in some capacity which gives him an inchoate right to gain a settlement by residence there; or if he comes in a state of affluence to a tenement of that value which exempts him from the provisions of 13 & 14 Car.II. he is not liable to punishment under

this act. (2)

It appears from the foregoing cases, that a previous conviction of vagrancy is necessary to enable a justice to commit for returning after removal, except in the cases provided for by 13 & 14 Car.II. c.12. sect.3.

Where a person has returned after removal, and is im- Commitment prisoned under a commitment, purporting to be “ for must state the

place to which returning from the parish” to which he was legally re- he returned. moved, it is void unless it state the place to which he returned. For it will not be intended that he returned to the parish from whence the commitment states him to have been removed. (3)

(1) Rex v. Kenilworth, 2 Term Rep. 598. ante, 146. n. (4). And see Ward v. Strickland, 7 T. R. 633.

(2) Quære, the effect of 35Geo.III. c.101., when a pauper returns who, from his condition in life, is likely to become chargeable, but is not actually so, being able to earn a livelihood. See Rex v. Angel, post, 257.

(3) Rex v. Elere Cole, 2 Bott, 670. Pl. 729.

Cannot com- The justices of the county having a petty sessions to mit without summoning

search for vagrants, a pauper, residing in B. confessed the party, and himself settled in S., whereupon the justices ordered him proof of his

to be removed to S.; but the pauper threatened to return, return.

and did return the same day to B., pretending, colourably, to be a hired servant to a parishioner there. Whereupon, the defendant, who was a magistrate, and present at the petty sessions, without any summons or oath made of his return, committed the pauper to the house of correction, where he was kept three days. On a motion for an information, the Court allowed the transaction in this case to be irregular, because there was no complaint made of his being chargeable, or being likely to be chargeable, to B.; but being only a mistake of judgment, they would not have thought it worthy of punishment; but the sending him to the house of correction was punishing him after having convicted him unheard, and that is contrary to natural justice. And upon the authority of Rex v. Justices of Hertford, they were for granting the information ; but no malice appearing in the justice, they allowed the prosecutor to accept some proposals made by him for amends. (1)

A pauper who A pauper who returns after removal, without a suffireturns is in- cient justification, may be indicted for disobedience to the

order. (2)

May be attached.

Also, if the order be removed into the king's bench, and affirmed there, that court can enforce obedience to it by an attachment.

But it seems from the following case, that the court will compel magistrates to proceed against the party under the statute, although the order of removal has been removed into the king's bench by certiorari.

Justices may send pauper

An order of two justices removed a pauper from R. to
A., which order was quashed, upon appeal to the sessions ;

(1) Rex v. Angell, Cas. Temp. Hardw. 124.
(2) Per Buller J., Rex v. Kenelworth, ante, 255.(1).

but upon a certiorari, into the king's bench, the order of returning to

the house of sessions was quashed, and the original order confirmed.

correction, The pauper returned of his own accord to R., and the justices doubted whether they had power to send him to the house of correction for returning (1), the first order being removed by certiorari. The court of king's bench being moved to grant a rule to enforce the execution of their former rule, directed that the justices should have the former rule of court showed to them, and the order of the two justices : and if they refused to punish the persons afterwards, then to move the court upon an affidavit of the matter. (2)

In an action against a magistrate for false imprisonment, the defence was a conviction, which stated that the plaintiff having been brought before a magistrate on an information charging him with having unlawfully returned without a certificate to a parish from which he had been removed, and that upon that occasion he confessed himself guilty. The court of king's bench held the conviction good on the face of it. Abbott C. J. The returning to the parish without a certificate was at least prima facie evidence of his being an idle and disorderly person, and then it was for the defendant to shew that he had a lawful excuse for returning. Best J. The conviction appears to be in the ordinary form; nevertheless I must say that the parish officer acted most improperly in taking up a man as a vagrant who was at work in the harvest field. But when he was before the magistrate and alleged no fact to shew that he was not, as he appeared to be, in a state of vagrancy, the magistrate could do nothing but convict him.

Had he stated to the magistrate that he returned for the purpose of working, it would have been a question for the court whether the magistrate should not have used the language of this court in

(1) Quære by what statute, unless 13 & 14 Car. II. c. 12. sect. 3.?

(2) Rex v. Hall, 5 Mod. 163. 2 Bott,667. Pl. 726. Quære tamen, see Baldwin v. Blackmore, ante, 254. (1).

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tha case of Rex v. Fillongley ? Judgment for the de fendant. (1)

SECT. IX.

Of the Party's Remedy against an illegal Commitment.

Remedies

1st, By appeal to the quarter sessions, where he may against illegal commitment. dispute the legality of the commitment upon its merits, as 1. Appeal. well as form. (2) 2d, By having the commitment, returned 2. Quashing it

it into the court of king's bench, under an habeas corpus, in K. B.

where it will be quashed for such defects as appear upon 3. Action, the face of it. (3) 3d, By action brought against the ma

gistrates, who have exceeded their jurisdiction by commit4.Information. ting him. (4) 4th, By motion for a criminal information,

where they appear to have acted from malice or corrupt motives. (5)

(1) Mann o. Davers, 3B. & A. 103.
(2) Rex v. Hall, ante, 257. (2), and see post, title Appeal.

(3) Rex v. Elere Cole, ante, 255.; and see Rex v. Bowen, 5 Term Rep. 156. Rex v. Reeve, post, 262. (2).

(4) Baldwin v. Blackmore, ante, 254.(1).
(5) Rex v. Angell, ante, 256. (1).

CHAP. XXX.

Of relieving and ordering the Poor, and first of Maintenance

by Relations.

SECT. I.

Division of the Subject. THERE

are certain methods of providing for the poor in ease of the parochial funds, to which the parish officers ought to have recourse in the first instance. 1st, By making particular relations of the impotent poor contribute to maintain them, if they are of sufficient ability to do so. 2d, By enforcing the maintenance of illegitimate children by their reputed parents. 3d, By putting out apprentices. Where these means are incompetent to the poor's relief, they must apply, 4th, to the general fund raised by the rate. (1)

The statute which regulates the support of poor relations is 33 Eliz. c. 2. s. 7.11. and 59 Geo. III. c.12. s. 26.

The 11 & 12 W.III. c.4. s. 7., where popish parents refuse to allow their protestant children a maintenance suited to their degree, in order to compel them to change their religion, impowers the lord chancellor, or keeper of the great seal, to make an order therein ; and i Ann. st. 1. c. 30, gives the same power, where protestant children of Jewish parents are in the like situation.

(1) For the further maintenance of the poor, there are many fines and forfeitures payable to their use, as for swearing, drunkenness, destroying the game, and in many other instances which are to be found in Burn's Justice under their proper titles.

And also parts of wastes, woods, and pastures, may be enclosed for the growth and preservation of timber and underwood for their relief, as is set forth in the same book, title Wood. See Burn's Just. Poor Rate, sect. 4. p.3.

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