sum exceed

sions where

But if the sum so ordered to be paid, on Where the account of such costs, exceed the sum of twenty 201. an appounds, the party aggrieved may appeal to the peal to Sesnext General or Quarter Session, as they may it may be do against an order of removal; and if the diminished. Session be of opinion that the sum so awarded be more than of right ought to have been directed to be paid, such court may strike out the sum contained in the said order, and insert the sum which, in their judgment, ought to be paid; and in every such case the said court shall direct that the said order so amended shall be carried into execution by the Justices, by whom it was originally made, or in case of the death of either of them, by such other Justices as the court shall direct."*

of the statute

Upon the words of which statute the fol- Construction lowing constructions have been put by the Court of B. R.

1st. That the expression "in case any poor person shall be brought before any Justice," means merely judicially brought, not personally, for he or she may be so ill as to render that dangerous or impossible.†

2ndly, That the indorsement on the warrant of distress directed to be made by the Justice, is a mere ministerial act, and the direction compulsory upon him.‡

3dly, That the clause respecting the appeal against the charges is to be thus understood. If the party aggrieved, and intending to appeal against the charges, give notice within the three days after demand, by such notice he prevents any distress being made; but if he do not give the notice within the three days, in order to prevent the inconvenience of a distress, he does not thereby lose his right of appeal afterwards, which is given to him on the same terms as for an appeal against an order of removal.*

4thly, That, although, by the stat, of Will. 3, which gives the appeal against removals to the party aggrieved, there could be no griev ance to the Parish to which the order of removal was made, till it was actually executed; yet, as by this statute of 35 Geo. 3, even tho the pauper die during suspension, and before the order be executed, a grievance arises in consequence of the Costs, which it directs to be levied on the said Parish, it is an actual grievance, though growing out of a subsequent statute on the same subject matter, and there. fore the right of appeal attaches, as arising upon the determination of the Justices res pecting the settlement of the pauper.†

* 9 East's R. 97.

13 East's R. 51.

T

1

By the statute 49 Geo. 3, c. 129, reciting 35 Geo. 8, the statute 35 Geo. 3, c. 101, whereby it is recited. amongst other things enacted, "That in case any poor person should be brought before any justice or justices of the peace, for the purpose of being removed from the place where he or she was inhabiting or sojourning, by virtue of any order of removal, or of being passed by virtue of any vagrant pass, and it should appear to the said justice or justices that such poor person was unable to travel, by reason of sickness or other infirmity, or that it would be dangerous for him or her so to do, the justice or justices making such order of removal, or such vagrant pass, were required and authorized to suspend the execution of the same, until they are satisfied that it might safely be executed without danger to any person who was the subject thereof, and that the charges proved upon oath to have been incurred by such suspension of any order of removal, might by the said justices be directed to be paid by the church-wardens and overseers of the parish or place to which such poor person was ordered to be removed, in case any removal should take place, or in case of the death of such poor person before the execution of such order and that by the same act it was further enacted, That in case of an appeal against any order for the payment of such charges, if the Court of Quarter Sessions should be of

opinion that the sum so awarded be more than of right ought to have been directed to be paid, such Court might, and was thereby directed to strike out the sum contained in the said order, 'and insert the sum which in the judgment of such Court ought to be paid; and that in every such case the Court of Quarter Sessions should direct that the said order, so amended, should be carried into execution by the said justices by whom the order was originally made, or either of them, or in case of the death of either of them, by such justice or justices as the Court should direct: And that whereas it was expedient, that the power of putting an end to the suspensions of any such order of removal or pass, and of executing the several or other authorities aforesaid, should not be confined to the order of the justice or justices making such order or pass" It is enacted, "that from and after order of re-the passing of this act, in all cases wherever shall be sus- the execution of any order of removal, or of pended, any any vagrant pass, shall be hereafter suspended, the place by virtue of the said recited act, it shall be lawmay order ful for any other justice or justices of the peace be executed, of the county or other jurisdiction, within which such removal or pass shall be made, to direct and order that the same shall be executed, and to direct the charges, to be incurred as aforesaid, to be paid, and to carry into execution any such amended orders as

Where any

moval, &c.

Justice for

the same to

&c.

aforesaid, as fully and effectually to all intents and purposes as the said respective powers and authorities can or may be executed by the said justices who shall make any such order of removal, or by the justice who shall grant any such pass as aforesaid."

When the execution of any such order of How time of appealing removal shall be suspended, the time of ap-shail be pealing against such order shall be computed computed. according to the rules which govern other like cases, from the time of serving such order, and not from the time of making such removal under and by virtue of the same.

And it is also recited, "That in order to avoid any pretence for forcibly separating husband and wife, or other persons nearly connected with, or related to each other, and who were living together as one family at the time of any order of removal made, or vagrant pass granted, during the dangerous sickness or other infirmity of any one or more of such family, on whose account the execution of such order of removal or vagrant pass was suspended;" And enacted, and declared, "That where any order of removal or vagrant pass shall be suspended, by virtue of this, or of the said re- Order of recited act, on account of the dangerous sickpended in ness or other infirmity of any person or per- case of sicksons thereby directed to be removed or passed, extended to ness, may be the execution of such order of removal or vagrant other perpass shall also be suspended for the same period family.

moval sus

sons of the