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Sums how to be repaid to overseers.

Sect. 9. The sums advanced to the families of non-commissioned officers or drummers, shall be repaid to the overseers by the treasurer out of the county stock; and if a family is relieved in any other county than that for which the party is serving, the treasurer transmitting an account signed by a justice, shall by sect. 16. be repaid by the treasurer of the county for which the person serves; or if a family of a private man is relieved in a parish other than by that for which he serves, such sums shall be reimbursed as hereinafter mentioned. (1)

What propor,

Sect.10. Any place not contributing to the county rates tion to be paid shall pay towards the relief of the families of non-commiscontributing to sioned officers and drummers, such proportion as the numcounty rates.

ber of men to be raised by such place bears to those to be raised by such county.

Treasurers to

Sect.11. The treasurers of such counties and places shall demand, and receive, and

pay

such sums.

pay, &c.

Disputes how settled.

Sect. 12. The lord lieutenant, or his deputy lieutenants, of the county at large, shall settle any dispute respecting such proportions, and for this purpose may call for and inspect the treasurer's accounts.

Justices to appoint a treasurer.

Sect.13. provides, that in places not contributing to the county rates where no treasurer exists, the justices of such places, or the justices of the county in general quarter sessions, shall appoint a treasurer, and shall assess and cause to be paid out of the poor's rate, such sums as are necessary for the

purposes

of this act, and such treasurer shall receive and pay the same.

Parish sup

Sect.14. The justices ordering relief to the family of porting family to be repaid by any private man by any other parish than that for which the parish for such private man serves, shall certify the same under hand, which the

and direct the parish for which the party serves to repay party serves.

any sums so advanced.

(1) Sect. 15. & 17. post, p. 451.

surer to be

And by sect.15. where the two parishes are in different Where two counties, and the distance of the two places is great, the parishes are in overseers making the advance shall be repaid by the trea- ties.

How one treasurer of the county, who shall by sect. 16. on delivering an account signed by one or more justices of the county, where repaid by the family dwells, be repaid by the treasurer of that county another. for which the party is serving.

Sect. 17. The treasurer who repays any treasurer of Justices to another county shall deliver the account to the justices at amount, and to quarter sessions, who shall allow it, and forthwith make make order on

the parishes. order upon the overseers of the respective parishes for which such private man shall serve, to repay such sums to the treasurer out of the poor's rate within fourteen days.

How allowSect.18. relates to the payment of allowances in Exeter.

paid in Exeter, Sect.19. relates to Bristol.

Bristol,

ances to be re

Sect. 20. relates to Plymouth.

Plymouth.

Sect. 21. The accounts of all allowances under this act Accounts of

allowances in respect of which any reimbursement is directed, shall be when to be made up at the end of every successive six months, or made and

signed. shorter period, from the time of the first payment thereof, and shall be signed by the justices granting certificates for such reimbursement, or some other justice, within one month after the accounts shall so be made up; and the money shall Money when be demanded of the overseers or treasurers liable to re

to be demand

ed. imburse the same so soon as can be done, and no such sum shall be demandable, unless certified within one month, and delivered within three months after such certifying to the overseer or treasurer by whom the same is to be paid.

[By 53 Geo. III. c. 81. s.10., where any account is transmitted by one treasurer to another, duly certified, and no objection be made thereto within thirteen months, the money shall be paid within two months afterwards, under the penalty of 501.]

Sect. 22. authorizes the overseers of the parish for which Parish may a person serves, or where his family resides, in case he stitute.

procure a sub

has a wife, and more than three children chargeable, to provide a substitute for such person, who shall be discharged between the 1st of November and 25th of March, and at no other time; the pay of the substitute shall commence after such discharge.

Payments to be allowed in overseers' accounts.

Sect. 23. All payments made by overseers in pursuance of any order or certificate of any justice under this act, shall be allowed, and passed in their accounts as other expences on account of the militia act; and in default of payment, such overseer, being convicted thereof, shall forfeit 5l., to be levied by distress and sale under warrant of a justice, one half to the informer, the other to the poor of the parish, to which the sum ought to have been paid.

Penalty.

Act to extend to hamlets, vills, &c.

Sect. 24. the provisions of this act relating to allowances and reimbursements shall extend to all hamlets, vills, and places having separate overseers of the poor, and to all places united for the purposes of balloting for militia men; and where parishes are united, or a parish contains any townships maintaining their poor separately, the justices shall ascertain, as therein directed, the proportion to be contributed by such townships or united parishes to the relief of the family of the person who serves for such united parishes.

Adjutants to Sect. 25. The adjutant, or serjeant-major, shall, within return month ly deaths, pro

seven days of the 24th day of every month during the term motions, &c. the militia is embodied and in actual service, return a list to clerks of subdivisions of

of promotions, deaths, and desertions of private men serving counties. for the subdivisions of the county, to the clerks thereof,

and the clerks shall, wịthin fourteen days, transmit such returns to the overseers of the respective parishes, &c. for which such private man shall serve.

Appeal.

Sect. 26. gives an appeal against an order of payment of money to the next quarter sessions.

Recompence to treasurers.

Sect. 27. Quarter sessions may order recompence to the treasurer of any county for extraordinary trouble under this act.

The 49 Geo. III. c. 86., repealing 43 Geo. III. c. 142. and Ireland. 44 Geo.IlI. c. 34., provides for the relief of the families of militia in Ireland.

The 49 Geo.III. c.90., repealing 43Geo. III. c.89. except Scotland. sections 21. and 22., provides for the relief of the wives and families of militia men in Scotland.

* The 51 Geo. III. c.118. authorising the interchange of the militia of Great Britain and Ireland, extends by sect. 5. the provisions of 43 Geo. III. c. 47., and 49 Geo. III. chapters 86. and 90., for the families of balloted men, to the families of persons balloted and serving in the militias of England, Ireland, and Scotland, under this or any future act.

The following cases have been decided on the 19 Geo. III. c.72., and 34 Geo. III. c. 47., which are now repealed; but as they would be authorities in similar cases which may arise on 43 Geo. III. c. 47., which is made in pari materia, it has been deemed advisable to retain them.

1 1. The defendants were indicted for not obeying an order Under of a justice of peace, made under the 19 Geo. III. c.72., 19 Geo. III. an

order to maindirecting the defendants, overseers of St. John, in the town tain the family and county of Bedford, to reimburse a sum of money ad- of a substitute vanced by the overseers of the parish of Meppershall, in and that upon the same county, to the family of a substitute in the militia the parish for of the said county, for an inhabitant of the parish of St. serves, to reJohn; and which family, at the date of the order, dwelt in imburse this the parish of Meppershall. The defendants being found maintenance,

should be made guilty, it was moved in arrest of judgment, ist, That the by the same indictment did not set out any order of maintenance pre

justice and at

the same time. vious to the order of reimbursement, without which first An indictment order there could be no legal foundation for the last order. for disobeying

the order to 2d, That the order was retrospective, being for the pay- reimburse ment of a sum supposed to have occurred under an order must either set

forth, or refer of maintenance made long before; whereas the act directs, in general that the order shall be made at the same time with the terms, to the

order of main. order of relief or maintenance ; and that it was for a gross renance.

VOL. II.

FF

sum for eighty-three weeks; and as inhabitants may change in that time, they ought not to be so charged. 3d, That it did not appear upon the face of the indictment, that the militia-man, for whom the substitute served, was balloted, or that the substitute was sworn or enrolled. Lord Mansfield :-“ In indictments, the crime with which the defendant is charged must appear with a scrupulous certainty: and here it is disobedience to the order of a justice. Now it must appear upon the face of the indictment that this was a legal order; for if it was not so, disobedience is no crime. Then this is an order of reimbursement, which presupposes an order of maintenance. Such order necessarily must be; for if the overseers had made the disbursement of their own accord, and without an order for that

purpose, they could not legally be reimbursed. Such voluntary payment would not have entitled them to reclaim the sum advanced, because they are not authorised to judge of circumstances. Had the justice of peace recited the order of maintenance, it is admitted, the indictment would have been good ; had he even in general terms referred to it, the court might perhaps have presumed such an order properly made. There would then have been some colour of authority for the jurisdiction exercised; but so far from having recited it, he has not made the slightest reference to it. The indictment, therefore, cannot be supported. Besides the order of reimbursement is not at all connected with the order of maintenance, though the act requires they should both be made by the same justice at the same time, nl. that whatever shall be paid shall be reimbursed; but this is at the distance of a year, and for a gross

sum." The judgment was arrested. (1)

The order of In a subsequent case, which was upon appeal from an maintenance and reimburse

order of sessions, where the order to reimburse was made ment must be four years after the order of maintenance, it was held, that made by the same justice,

the act of parliament directs in positive terms, that the order and at the

for reimbursement shall be made by the same justice, and same time.

at the same time, as the order for maintenance. There

(1) Rex v. White and Eling, Cald. 185.

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