substitute were sworn and actually served, he was entitled to all the benefits of the act." (1)

SECT. VII.

Of maintaining casual Poor. (2)

Parish bound

to maintain

casual poor, while residing reimburse a

there. And to

WHERE a poor person, not settled in a parish, becomes chargeable, from accident, sudden calamity, or any other circumstance, he falls within the description of casual poor, and the parish in which he is detained becomes bound to relieve and take care of him. (3) This obligation is so parishioner asstrong, that if a parishioner, not being a parish officer, sisting them. takes care of one rendered poor and impotent from sudden accident, as by the fracture of a limb, he may recover against the parish officers the sum expended for his cure and support, upon an implied promise arising from this their duty. (4) But the parish cannot recover, as upon an And cannot implied promise, the sum which they have expended for recover what is expended his relief from the place in which he is settled (5), although from his place they give notice to the officers of the parish where the pauper is settled pending his illness. (6)

of settlement.

Nor from the pauper's master, although

Neither have they a remedy against the master of a servant who becomes suddenly disabled by misfortune; for parishes are under a moral as well as a legal obligation his yearly to take care of their casual poor. (7)

See 51 Geo. III. c. 106. and

(1) Rex v. Ledbury, ante, 435. (3). 52 Geo. III. c. 120. for enabling the wives, widows, and families of soldiers embarked for foreign service, or dying, or employed there, to return to their homes. In the Appendix.

(2) As to the general classes of casual poor, see ante, chap. xxviii. (3) See Rex v. Chadderton, 2 East, 27. and ante, 161, 162.

(4) Per Ld. Eldon C. J., Simmons v. Wilmot, 5 Esp. Ni. Pri. Cas. 92. (5) Ib. Watson v. Turner, Bull. L. N. P. 129. 147. 261.

(6) Atkins v. Banwell, 2 East, 505.

(7) Newby v. Wiltshire, Cald. 527. 2 Espin. Ni. Pri. Cas. 739., and see Wennell v. Adney, 5 Bos. & Pull. 247., and ante, 156. (3). And quære, whether they can legally, in such a case, obtain an order of removal and suspend it, as was done in Rex v. Kynaston, 1 East, 107. ante, 374. (1).

FFS

servant.

438

CHAP. XXXV.

Of Overseers' Accounts.

SECT. I.

Of the Statutes.

WHEN the parish officers are retiring from office, their
remaining duty is to make
remaining duty is to make up and pass their accounts, and
to deliver over any balance in their hands to their suc
cessors, together with the property and documents of the
parish.

By 43 Eliz. c. 2. s. 2. The churchwardens and overseers, or such of them as shall not be prevented by sickness or other just excuse, to be allowed by two justices, shall, within four days after the end of their year, and after other overseers are nominated, make and yield up, to such two justices of peace, true and perfect accounts of all monies received by them, and such sums as have been rated and not received, and of the stock in their hands, or in those of any of the poor to work, and of all other things concerning their office; and such sums as are in their hands, shall pay to the officers newly nominated, upon pain that every one of them neglecting, shall forfeit for every such negligence 20s.

By s. 4. their successors may levy, by warrant from two justices, the sum of money or stock which shall be behind on account; and in defect of distress, the justices may commit to the county gaol until payment. They may also commit such as refuse to account, there to remain without bail or mainprise, until they have accounted and satisfied, and paid so much as upon the account shall be remaining in their hands.

The 17 Geo. II. c.38. s.1. requires that they shall, within fourteen days after their successors are appointed, deliver

fourteen days to their suc

to be delivered

in to them just and perfect accounts in writing, fairly en-
tered in a book to be kept for the purpose, and signed by
them, of all sums of money received by them, and sums cessors.
rated and assessed and not received, and of all goods, chat-
tels, stocks, and materials in their hands, or in those of any
of the poor in order to be wrought, and of all monies paid by
them, and of all other things concerning their office. They
are also to pay and deliver over all sums of money, goods,
chattels, and other things, as shall be in their hands,
unto the succeeding overseers; and they shall verify their
account by oath, or, if a quaker, by affirmation, before one
or more justices, who shall sign and attest the caption of
the same at the foot of the account.

It further provides, that the accounts shall be carefully Accounts to be preserved by the parish officers in some public place, that preserved, and inspection persons assessed or liable to be assessed may inspect them, granted. on paying 6d. for such inspection, and may have copies on paying 6d. for every three hundred words.

Sect. 2. Officers refusing to account,&c.

Sect. 2. enacts, that if they shall refuse or neglect to make and yield up an account verified as aforesaid, within the time limited, or to pay or deliver over such sum or to be commitsums of money, goods, chattels, and other things in their hands, two or more justices may commit them to the common gaol until they do.

ted.

cers removing

their

year.

Sect. 3. requires an overseer, removing from the place Sect. 3. Offfor which he was appointed, to deliver up his accounts, into another and pay his balances to some churchwarden or overseer, parish during previous to his removal, under like penalties. It also requires, where an overseer dies, that his executor or administrator shall, within forty days, make up the accounts and deliver over any balance in preference to any other debts.

50 Geo. III. c. 49., after reciting the provisions of 43 Eliz. 50 Geo. III. c.2., and also that in 17 Geo. II. c. 38. requiring church- C.49. wardens and overseers to deliver up their accounts, veri

fied on oath, to their successsrs, within 14 days, enacts. that in all cases where such account is required to be made and yielded, signed and attested by virtue of 17 Geo. II. c. 38., it shall be submitted by the churchwardens and overseers to two or more justices of peace of the county, dwelling in or near the parish or place to which such account shall relate at a special sessions to be holden for that purpose, within the fourteen days appointed by 17 Geo. II. for delivering such accounts, which justices are authorised and empowered, if they think fit, to examine into the matter of such account, and administer an oath or affirmation to such churchwardens and overseers of the truth of it, and disallow and strike out all such charges and payments as they shall deem to be unfounded, and reduce such as they deem exorbitant, specifying upon, or at the foot of such account, every such charge or payment, and its amount, so far as they disallow or reduce it, and the cause for which it is so disallowed or reduced; and such two or more justices are to signify their allowance and approbation of the account in manner directed by 17 Geo. II. And in case the churchwardens and overseers, or any of them, shall refuse or neglect to make and yield up, or to submit such account, or to verify the same by oath as aforesaid, or to deliver over to their successors within 10 days from the signing and attesting such account, any goods, chattels, or other things which, in the examination and allowance of such account in manner aforesaid, shall appear to be remaining in the hands of such churchwardens or overseers, it shall be lawful for any two justices of the peace to commit him, her, or them to the common gaol, until they shall have made and yielded such account, and verified the same as aforesaid, or shall have delivered over such goods, chattels, and other things which shall appear to be so remaining in their hands; and in case they, or any of them, shall refuse or neglect to pay their successors, within 14 days from the signing and attesting such amount, any money or arrearages which, on examination and allowance thereof, shall appear or be found due or owing from them or any of them, or remaining in their hands, it shall be lawful for

the subsequent churchwardens and overseers, by warrant from two or more justices of the peace, to levy all such sums of money by distress and sale of the offender's goods, rendering to the parties the overplus; and in default of distress the justices may commit them to the county gaol, there to remain without bail or mainprise, until payment of such money or arrearages.

By sect. 2. churchwardens or overseers aggrieved by the Sect. 2. disallowance or reduction of such charges or payments, may appeal against the order, at the next general or quarter sessions to be holden next after the tenth day from making such order, having first paid, or delivered over to their successors, such money, goods, chattels, and other things, as on the face of the account by them submitted to the justices shall appear and be admitted to be due and owing from them, or in their hands, and having also entered into a recognisance before one or more justice or justices, with two sufficient securities to be approved by them, in not less than double the sum or value in dispute, to enter such appeal at such next general or quarter sessions, and abide by such order as shall at that or any subsequent sessions be made thereon; and the justices assembled at such sessions, on proof of the matters aforesaid and production of such recognisance and proof of the same having been duly entered into, may adjourn such appeal if they see occasion, or hear the same, and examine into and confirm or reverse such disallowance or reduction in the whole or in part, as to them shall seem just; and may also make an order, if they shall think fit, that such churchwardens and overseers shall have the costs incurred by them upon the appeal defrayed out of the poor rates; and the order of the general quarter sessions, in execution of the power given them by the act, shall be binding on all parties.

By sect. 3. the form of appeal against the accounts by Sect. 3. any person entitled thereto under the former acts is pre

served.