allowing the accounts. Overseers cannot charge a salary paid to an over seer. Any person may accounts of overseers. an order of sessions, allowing overseers' accounts, 752. If any person shall have any material objecappeal against the tion to the overseers' account, or any part of it, he may appeal to the next sessions, giving reasonable notice to the churchwardens and overseers thereof; but if reasonable notice is not given, the court may adjourn the appeal to the next sessions, and the court may order costs to the party in whose favour the appeal shall be determined, as in the cases of settlements by 8 and 9 W. 3. c. 30. 43 Eliz. c. 2. s. 6. 17 Geo. 2. c. 38. s. 4. The notice must state the cause appeal. 753. A notice of appeal against overseers' acand ground of the Counts, stated the appellants objected to certain specified payments, alleged in the accounts to have been made to persons specified by name in the notice. It was held, that the notice was bad, because it did not state the cause and ground of appeal, as required by the 41 Geo. 3. c. 38. s. 4. Rex v. Sheard and another, Overseers of Soothill, 5 Geo. 4. 2 Barnewall and Creswell's Reports, 856. In corporations not having four justices. The appeal must be to the next ge 754. In franchises and corporations, which have not four justices, the appeal lies to the next county sessions. 41 Geo. 3. (G. B.) c. 23.* s. 1, and 1 Geo. 4. c. 36. 755. An appeal against overseers' accounts must neral quarter ses- be to the next general quarter sessions, after the alsions after the al- lowance of the accounts. lowance. The 17 Geo. 2. c. 38. s. 4. *Intituled, "An act for the better collection of rates made for the relief of the poor." Passed 18th April, 1801. appear to have in this respect, is a repeal of the 43 Eliz. c. 2. s. 6. Rex v. The Justices of Worcestershire, M. 57 Geo. 3. 5 Maule and Selwyn's Reports, 457. Rex v. Coode, Caldecott's Reports of Settlement Cases, 507. 1 Bott, 281. Rex v. Micklefield, Caldecott's, 507, 1 Bott, 284. Rex v. Atkins, 4 Term Reports, 12. Rex v. Justices of London, 15 East's Reports, 632. 756. And the accounts must appear to have been Accounts must allowed by the justices out of sessions before the appeal. Rex v. Bartlett, T. 7 Geo. 2. 2 Strange's Reports, 983. 1 Bott, 306. 2 Nolan's Poor Laws, 366. 365. 3d edit. 757. If the churchwardens and overseers are Appeal against aggrieved by the disallowance or reduction of their account by the justices, they may appeal to the next general or quarter sessions (see pl. 712, p. 199, ante). 50 Geo. 3. c. 49. s. 2. been allowed. the disallowance. away. 758. The power of appeal, given by the 43 Eliz. Appeal not taken c. 2. and 17 Geo. 2. c. 38. (pl. 752, p. 208.), is not taken away by this act. Ibid. s. 3. 759. Magistrates of corporations in cities have Corporations, the same jurisdiction as two or more justices. Ibid. justices. S. 4. not to be removed. 760. No order or proceeding of any general or Order of sessions quarter sessions of any justices, made under this act, can be removed by certiorari to any superior court, but the same (subject to appeal as abovementioned) shall be finally conclusive. Ibid. s. 5. places having 761. This act does not extend or apply to the Not to extend to accounts of any churchwarden or overseer in any local acts. parish or place, where by the provision of any local act they are exempt from accounting, under the 43 Eliz. c. 2. and 17 Geo. 2. c. 38. nor to the city of London. Ibid. s. 6. Eliz. is affected by 762. The said acts of 43 Eliz. c. 2. and 17 Geo. 2. How far the 43 c. 38, are not affected by this act, except only such this act. provisions as are expressly mentioned in this act. Ibid. s. 7. 763. This section of the statute (pl. 760. above) How section only applies to appeals brought by churchwardens and statute applies. overseers against the disallowance of any item in their accounts by the magistrates, being appeals by other P Where the accounts are not al lowed in time for notice of appeal. Inhabitants may be witnesses. Overseer refusing to deliver up the accounts within 14 days, he may be committed. Account of parish persons as they stood under the 17 Geo. 2. c. 38. s. 4. (pl. 752. p. 208.) Rex v. Bird and others, E. 59 Geo. 3. 2 Barnewall and Alderson's Reports, 522. 764. Where overseers' accounts were not allowed till the last day that an effectual notice of appeal to the then next session would have been given, and it did not appear when the party objecting had notice of such allowance, it was held that a notice of appeal to the next subsequent session for which an effectual notice could be given, was good. Rex v. the Justices of Dorsetshire, H. 52 Geo. 3. 15 East's Reports, 200. Bott, continued to 1814, 53. 2 Nolan's Poor Laws, 364, 3d edit. 765. Inhabitants not to be incompetent witnesses in certain cases, for or against their parishes, &c. 52 Geo. 3. c. 170. s. 9. 766. The 50 Geo.3. c. 49. s. 1. (pl. 710, p. 198, ante) which requires churchwardens and overseers to submit their accounts to two justices at special sessions, to be holden within the 14 days appointed by the 17 Geo. 2. c. 38. for delivering in the accounts to the succeeding overseers, is not a substitution in lieu of that provision in the 17 Geo. 2, but is cumulative; and if the overseer refuse to deliver in such accounts to the succeeding overseer within the 14 days, he may be committed by two justices for such refusal. William Lester's Case, 16 East's Reports, 374. Bott, continued to 1814, 57. 767. Where a commitment of a parish collector of collector of rate. the rates to the county gaol, there to remain until he should have made a true account, and until such money as upon the said account should appear to be remaining in his hands, should be paid by him or his sureties, it was held good; although it concluded by directing the gaoler to keep him until he should be discharged by due course of law. Goff's Case, M. 55 Geo. 3. 3 Maule and Selwyn's Reports, 203. Overseers refusing to pay balance of allowance and 768. If the overseers, after allowance of their acthe accounts after counts by two justices at special sessions, and an order by the justices to pay over the balance to their successors, which order is confirmed on appeal, refuse to pay such balance, the two justices may issue order. their warrant to levy the same, under the 50 Geo. 3. c. 49. (pl. 766. ante) upon the application of one of the succeeding overseers, although the rest of the churchwardens and overseers refuse to concur in such application: therefore, when the justices refused to issue such warrant upon such application, the court granted a mandamus. Rex v. Pascoe and another, 2 Maule and Selwyn's Reports, 343. Bott, continued to 1814, 58. that the accounts before appeal. 769. It is not necessary, in order to give the jus- It is not necessary tices at sessions jurisdiction to hear an appeal against should be allowed overseers' accounts, that the accounts should previously have been examined and allowed, pursuant to the 50 Geo. 3. c. 49. and 22 Geo. 3. c. 83. Rex v. Justices of Colchester, H. 2 and 3 Geo. 4. 5 Barnewall and Alderson's Reports, 535. Gaol Passes. session to provide tices of gaols. of visiting jus 770." It shall be lawful for the justices of the The justices in peace for every county, riding, or division in Eng- passes for the use land, in their general or quarter sessions assembled, to cause engraved copper-plates, or printed forms of passes, to be provided according to the form B, in the schedule annexed to this act, bearing the king's arms, and sealed either with the county seal or a seal specially provided for that purpose, and issue the same to the several persons within their respective counties, &c. for the use of the visiting justices, whenever any prisoner or prisoners discharged from, or about to be discharged from prison, shall apply to be furnished with the same; and the visiting justices shall, if after a due consideration of the circumstances they shall deem it expedient, fill up the blanks in every such pass and certify the same, and make out a route in the proper column for the purpose, of each such prisoner, and for the child, or children, if any, of each such prisoner, specifying the place to which such prisoner and such child or children is or are going, and the time to which the said pass is (except in cases of sickness or unavoidable accident) limited, in order that such prisoner may Overseers to pay allowances men receive such allowances as are authorized by this act, not exceeding 1d. per mile for such prisoner, and 1d. per mile for each child, which from being in a state of nurture, or without other protection, may have been confined in prison with such prisoner." 5 Geo. 4. c. 85. s. 23. 771. " Upon the production of such pass to any tioned in the pass. Overseer of the poor of any place through which such discharged prisoner shall proceed, according to the route specified in the pass, he shall out of the money in his hands, applicable to the relief of the poor, pay such discharged prisoner an allowance not exceeding the rate per mile specified in such pass as aforesaid, for the number of miles to the next city, town, or place, to which he or she may be going, and he shall indorse on such pass the money so paid, and take a receipt for the same from the discharged prisoner, signed with his or her hand or mark." Ibid. s. 24. The money to be repaid by treasurer of the county. Pass to be delivered up to the overseer of last place mentioned therein. Exemption. 772. "The sums so advanced by any overseer, shall upon production and delivery of such receipt to the treasurer of the county, riding, or division, in which the parish or place of such overseer [is situate]* be repaid by the said treasurer for the use of the fund for the relief of the poor of such parish or place by the said treasurer." Ibid. s. 25. 773.Every such discharged prisoner shall at the last place of receiving any such allowance, deliver up such to the overseer advancing the allowpass ance, who shall transmit the same to the keeper of the prison from which such prisoner shall have been discharged, with the words 'pass of a discharged prisoner,' indorsed thereon, or on the cover open at the sides." Ibid. s. 26. 774. Nothing in this act shall extend to Bethlehem Hospital, Bridewell, the King's Bench, the Fleet, nor Marshalsea prisons, nor the penitentiaries at Milbank, nor Gloucester. Ibid. s. 27. * "Is situate," is omitted in the act. |