-"By 43 Eliz. c. 2. The overseers have four days after their year to apply to any justices they please to pass their accounts, and within which time they cannot be summoned before any justice; but when the accounts are once laid before any justice, either by themselves or by the parish, after these four days, no other justices can then meddle with them; and if they do, any allowance or disallowance by such justices is void." The words of 43 Eliz. c.2. s. 4. are, "shall make such order therein as to them shall be thought convenient;" and therefore they need not finally determine the disputes; and the reason is plain, for they cannot allow the accounts themselves, and therefore it is necessary that they should remit them, with their observations, to those that had the just cognizance. They do Sessions cannot delegate not by this delegate any authority to such justices, but theirauthority. only desire them to execute their own authority, and therefore it differs from the case where the sessions refer any thing, and give an authority to the referee. This indeed they cannot do; but here the sessions could not take it out of the hands of the first justices; and if such justices make an unreasonable delay in passing their accounts, the party may apply to this court to hasten them, which is his only remedy. The order, however, was quashed, because it was stated to have been made on the hearing of Smith, one of the justices, and did not state that the parties had been heard. (1)

The quarter sessions retain the same jurisdiction since 17 Geo. II. c.38. which they possessed under the act of Elizabeth (2); but they have no power to make an original order upon the late overseers to pay their balance, although ascertained by them, unless a previous application has been made to two justices for that purpose; for the 17 Geo. II. has made no alteration in this respect, but has quite another view. (3)

(1) Rex v. Townsend, 1 Bott, 305. Pl. 318. S. C. 16 Vin. Abr. 417. (2) Rex v. Goodcheap, 6 Term Rep. 159. ante, 444. (1). Rex v. Whitear, ante, 462. (3).

(5) Rex v. Whitear, ante, 462. (3).

50 Geo.III. c. 50.

And where, upon appeal, the sessions find a balance due from an overseer, but do not proceed to direct by their order that he pay it over to the succeeding overseers, application may be made to two justices, out of sessions, to enforce payment. (1) And if they refuse, the court of King's Bench will grant a mandamus to compel them to do so. For the justices have jurisdiction in this case. The effect of the appeal was the ascertaining of the quantum of the arrears, and then the statute attaches, and enables the magistrates out of sessions to enforce the payment of the balance. (2)

The appeal given to persons aggrieved against the allowance of the churchwardens and overseers' accounts under 43 Eliz. and 17 Geo. II., is expressly preserved to them by 50 Geo. III. c. 49. s. 3. (3)

But that which is given to the officer accounting, against an order making a disallowance or reduction in their ac counts, by sect. 2. of that statute is subject to the following regulations :

1. It must be to the next general or quarter sessions to be holden after the tenth day from making the order. 2. The person appealing must first have paid or delivered over to the succeeding officers such money, goods, chattels, and other things, as on the face of the account submitted to the justices for allowance shall appear due and owing, or in their hands. 3. He must enter such a re cognizance before one or more such justice or justices, with two sufficient sureties to be approved by them, in not less than double the sum or value in dispute; to enter such appeal at such next sessions, and abide by such order s shall at that or any subsequent sessions be made on such appeal.

(1) See 45 Eliz. c. 2. s. 2., and 17 Geo. H. c. 38. s. 2.

(2) Rex v. Carter, 4 Term Rep. 246. See also Rex v. Pascoe, 2 M. &S. 345., as to enforcing payment of the balance under 50 Geo.III. c. 4 (5) Rex v. Justices of Dorsetshire, ante, 466. (2). which is subse quent to that act. And see post. 471. (1).

It has been decided that where accounts have been duly allowed by two justices pursuant to 17 Geo. II. c. 38. at a petty sessions, a parishioner may appeal against them, although they have not been examined and allowed at a special sessions, pursuant to 50 Geo. III. c. 49. and the sessions have jurisdiction and ought to hear the appeal. (1)

The sessions, on production and proof that the recognizance was duly entered into, may adjourn the appeal or hear it, and confirm or reverse such disallowance or reduction, either in the whole or in part, and may, if they think fit, order that the appellant shall have the costs incurred upon the appeal defrayed out of the poor rates.

Proceedings THE modes of proceeding against parish officers for a against parish officers; and breach or neglect of duty are, 1st, By conviction before a 1st, for penal- justice of peace, under particular statutes (1). 2d, By ties by statute. indictment. 3d, By information in the court of king's bench. 4th, By action.

43 Eliz. c. 2.

C.

The punishments inflicted by statute are, 1st, By 43 Eliz. 20s. penalty for 2. s. 2. The churchwardens and overseers are to meet not meeting once a month. at least once a month, in the parish church, upon Sunday afternoon, after divine service, to consider of all things concerning their office; and any absenting himself without lawful excuse, or being negligent in their office, or in the execution of the said orders being made, by and with the assent of the justices, or any two of them, shall forfeit for every such default of absence or negligence 20s.

a pauper.

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Sect. 4. gives power to levy sums due by former officers, and to commit in default of distress, as also to commit as shall refuse to acount. (2)

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13&14.Car.II. By 13 & 14 Car. II. c.11. an overseer refusing to receive c. 11. 5. penalty for refus- a person removed by warrant of two justices from one ing to receive county, city, or town corporate, to another, forfeits 5l. to the use of the poor of the parish from whence such person was removed, to be levied by distress, &c. by warrant of any justice of the place to which such person was removed; and for want of sufficient distress, he is to commit him to gaol for forty days.

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(1) As to the form of proceeding before magistrates, in the case of convictions, see Boscawen on Convictions.

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(2) Ante, 452.

By 17 Geo. II. c. 5. s. 1, if any overseer shall refuse to 17Geo.II. c. 5. pay the sum of 5s. when ordered to be paid, for appre- for refusing to s. 1. 5s. penalty hending idle and disorderly persons, it may be levied upon pay for the aphim by distress, and he shall not be allowed it in his ac- and disorderly prehendingidle

counts.

persons.

By 17 Geo. II. c. 38. s. 14. churchwardens and overseers, 17Geo.II.c.38. who refuse or neglect to obey and perform the directions penalty of 5. for disobeying. of this act, where no penalty is before thereby provided, or who shall act contrary thereto, shall, on oath thereof before two justices, within two months after commission of the of fence forfeit not more than 51. nor less than 40s. to be levied by distress, &c. (1)

10s. to 20s. for

By 9 Geo. III. c. 37. churchwardens, &c. wilfully and 9Geo.lll.c.37. knowingly making any payment, to or for the poor's use, in penalty from on base or counterfeit money, or any other than lawful money paying poor in of Great Britain, shall, upon conviction by one justice, base money. either upon non-appearance, confession, or by the oath of one witness, be adjudged to forfeit not less than 10s. nor more than 20s. to be levied by distress, &c. and applied to the use of any poor person or persons of the parish, &c, in such manner as the justice who shall adjudge the forfeiture shall direct and appoint.

33 Geo. III. ul not exceeding c. 55. penalty 40s. for disobeying ware & I rants and or

33 Geo. III. c.55. s.1. impowers two or more justices, at their special or petty sessions, upon complaint on oath, and after due summons, to impose a reasonable fine, not exceeding 40s., upon any constable, overseer, &c. for any neglect of duty or disobedience of any lawful warrant or ders. - tien order of any justice or justices; which sum, unless paid, is to be levied by distress, and applied to the relief of the poor of the parish, &c. where the offender resides; and for want of distress, he is to be committed to the house of correction, for any space of time not exceeding ten days.

It also gives the party aggrieved an appeal to the quarter Power of sessions, upon giving ten days' notice.

appeal.

(1) But see 5 Geo. IV. c.75. s.11.