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under these orders one sum of 71. 16s, on 1st Oct., 1801, and another on 25th March, 1802. S. having returned to C., and disputing this last payment made by his tenant, brought an action of covenant against him for the entire rent of the

last year.

The tenant pleaded payment of the last 71. 16s. parcel of the second year's rent under this order, but the court were of opinion that he could not discharge himself thereby, and gave judgment against him. The original order was bad, as it directed an indefinite seizure of the fugitive's property; and it was very questionable whether it could be made good by the subsequent order of confirmation at sessions, which limited the sum to be taken at 71. 16s. But supposing that it could be thereby legalised, still this last order went either to direct an annual payment of 71. 16s., or one specific sum to that amount. If the first, it was clearly indefinite and bad, so that no payment by the tenant under it could be justified. If it directed only one definite sum of 71. 16s. to be taken, which the court seemed to consider to be the meaning of the order, it was satisfied by the first payment, and could not authorise the second. (1)

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It seems from this case, that the tenant of the premises should enquire into the validity of the orders which are to enable the parish officers to receive his rent before he pays it to them, or he may otherwise be liable to pay it a second time to the landlord

upon

his return. If the order be illegal he may refuse payment; and if indicted for disobedience, he may defend himself, or he may bring an action of trespass, if his goods are distrained; for he is not concluded by an order, to which he is no party, from shewing that it is illegal. (2)

5Geo. I. c.8. By 5 Geo. I. c. 8. 9. 2. The churchwardens and overseers s.2. Church- aforesaid shall be accountable to the justices at the quarter wardens ac

(1) Stable v. Dixon, 6 East, 163.
(2) Per Lawrence J., Ibid. 172.

sessions for all such money as they, or any of them, shall countable for

the monies so receive by virtue of this act.

received.

c. 45. s. 8.

By 32 Geo. III. c. 45. s.8. it is enacted, That if it shall 32 Geo. III. be made appear to any two justices, that any poor person shall not use proper means to get employment, or, if he is able to work, by his neglect of work, or by spending his money in ale-houses or places of bad repute, or in any other improper manner, shall not apply a proper proportion of the money earned by him towards the maintenance of his wife and family, by which they, or any of them, shall become chargeable to their parish or township, he shall be considered as an idle and disorderly person, and be subject to such punishment as is directed for idle and disorderly persons by the aforesaid act.

The crime of leaving families chargeable to parishes, or threatening to do so, was formerly provided against by 17 Geo. II. c.5. But that act, and all its provisions relative to idle and disorderly persons, are repealed by 3 Geo. IV. c. 40.

By section 2. Whereof all persons who threaten to run 3 Geo.IV.c.40. away and leave their wives or children chargeable to any Persons

threatening parish, township, or place; and all persons who being able to work, and thereby and by other means to maintain themselves and families, shall wilfully refuse or neglect so to do, by which default or neglect they or any of them shall become chargeable to any parish, township, or place, shall be deemed idle and disorderly persons, and shall be committed to the house of correction, there to be kept to hard labour for not exceeding one calendar month.

By 5 Geo. IV. c. 83. s. 1. the above act (s Geo. IV. c.40.) Provisions of has been repealed, except only as to any offence committed c.40. repealed. before the passing of this act.

And section 3. enacts, that every person being able, Persons comwholly or in part, to maintain himself, herself, his or her mitting cer

how to be

tain offences, family, and wilfully neglecting so to do, by which neglect punished. such persons or their families shall become chargeable to

any parish, township, or place, shall be deemed idle and disorderly persons, and being convicted thereof, shall be committed to the house of correction, and kept to hard labour for any time not exceeding one calendar month.

and vaga

Persons com- By section 4. Every person committing the last-mentioned mitting certain offences to be offence, after having been convicted as an idle and disdeemed rogues orderly person, and every person running away and leaving

his wife, or his or her child or children chargeable, or bonds.

whereby she, they, or any of them shall become chargeable to any parish, township, or place, shall be deemed a rogue and vagabond; and being convicted thereof shall be committed to the house of correction, and kept to hard labour for any time not exceeding three calendar months.

Who shall be By section 5. Every person breaking or escaping out of deemed incorrigible rogues. any place of legal confinement before the expiration of the

term for which he or she shall have been committed or ordered to be confined by virtue of this act; every person committing any offence against this act which shall subject him or her to be dealt with as a rogue and vagabond, such person having been at some former time adjudged so to be, and duly convicted thereof; and every person apprehended as a rogue and vagabond, and violently resisting any constable or other peace officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended, shall be deemed an ipcorrigible rogue; and being thereof convicted, shall be committed to the house of correction, there to remain until the next general or quarter sessions of the peace, and shall be kept to hard labour.

Any person may apprehend of fenders.

Sect. 6. empowers any person to apprehend persons offending against this act, and to take them before a justice of the peace, or deliver them to any constable.

Justices to apprehend

Sect. 7. empowers justices to issue their warrant to apprehend persons offending against this act, upon oath being

made before them, that such persons have committed or persons susare suspected of committing such offences.

pected.

Sect. 10. enacts, That when any incorrigible rogue shall Power of

sessions to dehave been committed to the house of correction, there to tain and puremain until the next general or quarter sessions, it shall nish rogues

and vagabe lawful for the justices of the peace, there assembled, to bonds. examine into the circumstances of the case, and to order, if they think fit, that such offender be further imprisoned in the house of correction, and be there kept to hard labour for any time not exceeding one year from the time of making such order; and to order further, if they think fit, that such offender (not being a female) be punished by whipping, at such time during his imprisonment, and at such place within their jurisdiction, as according to the nature of the offence they in their discretion shall deem to be expedient.

Sect. 14. gives to any person aggrieved by any act of Persons ago the justices out of sessions an appeal to the next general

grieved may

appeal to or quarter sessions for the county, &c.; giving to such jus- sessions. tice notice in writing of such appeal, and the ground thereof, within seven days after the act complained of, and before the next general quarter sessions, and entering within seven days into a recognizance, with sureties, personally to appear and prosecute such appeal; and upon

such notice being given, and recognizance being entered į into, such persons shall be discharged out of custody.

Sect. 17. gives the form of conviction of any offender Form of con

viction under against this act, and enacts, that no proceeding before any this act. justice under the provisions of this act shall be quashed for want of form, and that every conviction shall be transmitted to the next general or quarter sessions, and there be filed and kept on record.

Sect. 20. enacts, That every person who under the pro

Persons

convicted visions of this act shall have been convicted as an idle and

chargeable to disorderly person, or as a rogue and vagabond, shall be the parish in

VOI.. II.

T

which they reside.

deemed to be actually chargeable to the parish, township, or place, in which such person shall reside; and such person shall be liable to be removed to the parish of his or her last legal settlement, by the order of two justices of the peace of the division or place in which such person shall reside.

Persons punished under this act.

Sect. 21. enacts, That wherever by any act or acts of parliament now in force it is directed that any person shall be punished as an idle and disorderly person, or as a rogue and vagabond, or as an incorrigible rogue,

for any offence specified in such act or acts, and not hereinbefore provided for by this act, in every such case, whether such person shall or shall not have committed any offence against this act, every such person shall be punished under the provisions, powers, and directions of this act.

Soldier no vagrant.

It has been determined, upon 17 Geo. II. c. 5. that a common soldier, separating himself from his wife and family in the discharge of his duty, and billeted elsewhere, cannot be considered as a vagrant within the act. (1)

Power of sessions.

And where a person was convicted as a rogue and vagabond, under 17 Geo.II. c.5. by a single justice, and committed by him until the next sessions, &c. the court of quarter sessions might adjudge him to be a rogue and vagabond, and to be further imprisoned and kept to hard labour for six months, and to be publicly whipped during that time.

May send a It was doubted whether they could also, in addition, rogue and va adjudge a male, if above the age of twelve, to be employed by sea or land. in His Majesty's service by sea or land, it being argued

that this clause applied only to incorrigible rogues. But the Court were of opinion, that the words, “ such person" referred to any offender against the act, and therefore, as

(1) The soldier's case, 1 Wils. 331.

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