rate is deemed bad, and any of the parishioners may appeal against it (0).

(0) See R. v. St. Agnes,3 T. R. 480. ii. 1284. R. v. Darlington, 6 T. R. 468. ii. 1177. R. v. Ambleside, 16 East, 380. ii, 1155. R. v. Maddern, 1 T. R. 625. ii. 1323.

3. That the Rute is bad upon the Face of it.

Form of the Rate.

An assessment for the necessary relief of the poor, and for the other purposes in the several acts of parliament relating to the poor, for the parish of in the county of made and assessed the (being the first rate at sixpence in the pound for lands, &c. occupied, and of one penny in the pound on personal property), for the present year.

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It must shew, upon the face of it, in respect of what property the assessment is made upon each individual charged by it (p), in order to shew that they are correctly rated within the meaning of the statute.

(p) R. v. Aire and Calder Navigation, 2 B. and C. 713. ii. 1324.

It may perhaps be necessary to mention, that at the trial of the appeal, no objection can be taken to the rate, for any defect appearing upon the face of it, unless it be specified in the notice of appeal, in the same manner as if the objection were for matter extrinsic (9).

(9) R. v. Bromyard, 8 B. and C. 240. ii. 1151,

4. That the Rate is not made by proper Persons.

The rate must be made by the churchwardens and overseers of the poor of the parish, or the greater part of them (r).

(r) 43 Eliz. c. 2. s. 1; and see s. 12.

And the Court of King's Bench, upon application, will grant a mandamus to compel the overseers to make a rate (s), but not an equal rate (t).

(s) R. v. Barnstaple, 1 Barnard. 137. ii. 1294. Lidleston v. Mayor of Exeter, Fol. 18. ii. 1295. R. v. Weobly, 1 Bott, 101, ii. 1313. (t) R. v. Barnstaple, supra.

5. That the Rate is not made for a proper Purpose.

The rate is to be levied for the purpose of raising 66 a convenient stock of hemp, wool, thread, iron, and other necessary ware and stuff, to set the poor on work; and also competent sums of money for and towards the necessary relief of the lame, impotent, old, blind, and such other among them, being poor and not able to work; and also for the putting out poor children to be apprentices (u)." As to the relief of the poor, see ante, p. 1.

(u) 43 Eliz. c. 2, s. 1.

The expenses of removals, &c. must be paid out of the rates (2). So, law expenses for litigating questions of settlements must, in like manner, be paid out of the rates (w). But no rate shall be made for the purpose of paying any other law expenses (a), or of paying money borrowed by the overseers (y), or of paying any salary to the overseer (z), except to the assistant overseer («); nor can overseers make a rate to re-imburse themselves (6); but the present overseers may re-imburse the preceding overseers out of the rate in some instances (c).

(v) See 18 Geo. 3. c. 19. s. 3.

(w) R. v. Inhabitants of Essex, 4 T. R. 595. ii. 1296. R. v. Micklefield, 1 Bott, 91. ii. 1325.

(x) R. v. Bird, 2 B. and A. 522. ii. 1326.

(y) R. v. Wavell, Doug. 116. ii. 1327; but see 59 Geo. 3. c. 12. s. 15, 16. (z) R. v. Glyde, 2 M. and S. 323. ii. 1328.

(a) 59 Geo. 3. c. 12. s. 7.

(b) R. v. Goodcheap, 6 T. R. 159. ii. 1329.

(c) 41 Geo.3. c. 23. s. 9. See Tawney's case, 2 Salk, 53f. ii. 1330. R. v. Rotherhithe, 8 Mod. 338, ii. 1331,

6. That the Rate is not made for a proper Period.

The rate may be made "weekly or otherwise (d);” if made for six months, and prospectively, it is not on these accounts bad (e). It should be altered occasionally as circumstances may require; a rate, however, just at first, may in time, from circumstances, become unequal (ƒ). (d) 43 Eliz. c. 2. s. I. See s. 12.

(e) Durrant v. Boys, 6 T. R. 580. ii. 1332. (f) R. v. Audley, 2 Salk. 526. ii. 1333.

7. That the Rate has not been Allowed or Published.

No rate shall be deemed valid, unless the same be allowed by two justices (g), and public notice thereof given in the parish church on the Sunday next after the same has been allowed (h).

(g) 43 Eliz. c. 2. s. 1. See R. v. Folly, 1 Bott, 76. ii. 1334. R. v. Edwards, 1 W. Bl. 637. ii. 1336. R. v. JJ. of Dorchester, Str. 393. ii. 1335. (h) 17 Geo. 2. c. 3. s. 1. See R. v. Newcomb, 4 T. R. 368. ii. 1337.

The following is the form of the allowance :

We, two of his majesty's justices of the peace in and for the said county, and dwelling in [or near] the said parish, one whereof is of the quorum, do consent unto and allow of this assessment. Witness our hands, the

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18

CHAPTER III.

APPEAL AGAINST AN ORDER OF FILIATION.

1. The Order.

2. The Appeal.

1. The Order of Filiation.

Ir security have not been given to indemnify the parish (a), then, after the child is born, if it be born alive (b), and be chargeable, or likely to become so (c), an order of filiation and maintenance is made by the magistrates: there is no time limited, after the birth, for making it (d).

(a) See 6 Geo. 2. c. 31, 48 Geo. 3. c. 68. s. 2. (b) R. v. De Brouquens, 14 East, 277. ii. 1338. 49 Geo. 3. c. 68. s. 2.

54 Geo. 3. c. 170. s. 8. See 6 Geo. 2. c. 31. s. 2.

(c) R. v. Hartington, Upper Quarter, 4 M. and S. 559. ii. 1339. R. v. Luffe, 8 East, 193. ii. 419.

(d) R. v. Miles, 1 Sess. Cas. 77. ii. 1340. See Addis's case, 1 B. and C. 87. ii. 1341.

.

It must be made by "two justices of the peace, in or next unto the limits where the parish church is, within which parish such bastard shall be born (e),” or by the sessions (ƒ); and whether the two justices live in or next unto the parish church or not is immaterial, these words in the statute being merely directory (g). But, if the child be born in an extra-parochial place, it seems no order can be inade (h). And not only must the order be

(e) 18 Eliz. c. 3. s. 2.

(f) 3 Car. 1. c. 4. s. 15. See Wood's case, 2 Bulst. 355. ii. 1342. R. v. Greaves, Dong, 632. ii. 1343.

(g) R. v. Skinn, 1 Bott, 470. ii. 1344. (A) R. v. Baker, 1 Bott, 471. il. 1345.

signed by two justices, but the examination must be in the presence of both (¿).

(i) R. v. Beard, 2 Salk. 478. ii. 1346. Billings v. Prinn, 2 Blac. Rep. 1017. ii. 1847.

It must be made on the complaint of the overseers of the poor (k); but if on complaint of one who is overseer de facto, though not de jure, it is sufficient (7).

(k) R. v. Nottingham, 1 Bott, 478. ii. 1348. See R. v. Hartington, Upper Quarter, 4 M. and S. 559. ii. 1339.

(1) R. v. Martyr and Fulham, 13 East, 55. ii. 1349.

The reputed father must be previously summoned (m); but the order may be made (n) whether he attend or not.

(m) R. v. Cotton, 1 Sess. C'as. 179. ii. 1350. R. v. Martyr and Fulham, 13 East, 55. ii. 1349. See R. v. Taylor, 2 Sess. Cas. 192. Cas, Temp. Hardw. 112. ii. 1351. See R. v. Glegg, 8 Mod. 3. ii. 1352. (n) R. v. Upton and Gray, Cald. 308. ii. 1353. R. v. Taylor, supru.

The mother may be examined (o) as to all the circumstances of the case, if she be unmarried (p), or as to all except the non-access of her husband if she be married. Vide post, p. 83. Even the examination of a pregnant woman by a magistrate, in pursuance of the statute 6 Geo. 2. c. 31, has been holden evidence sufficient to warrant the sessions in making an order of bastardy, where the woman died before the making of the order (q).

(o) See 6 Geo. 2. c. 31. s. 4. 49 Geo. 3. c. 68. s. 2. R. v. Beard, Salk. 478. ii. 1346.

(p) Dalt. c. 11. See 13 Geo. 3. c. 82. s. 10, 11.

(q) R. v. Ravenstone, 5 T. R. 373. fi. 1354. R. v. Clayton, 3 East, 58. ii. 1355.

66

The order may charge the mother, or putative father, or both, with the payment of money weekly, or other sustentation for the relief of the child, in such wise as the justices shall think meet and convenient (r):” and the putative father with the payment of "all reasonable charges and expenses incident to the birth of such bastard," "the reasonable costs of apprehending and securing such reputed father, and the costs of the order of filiation, such costs altogether not exceeding 101.," to be ascertained on oath before the justices making the order (s).

(r) 18 Eliz. c. 3. s. 2. See R. v. Taylor, 3 Burr. 1681. ii. 1356. Addis's case, 1 B. and C. 87. ii. 1341.

(s) 49 Geo. 3. c. 68. s. 1 and 4. See R. v. Sweet, 9 East, 25. ii. 1357. Robson v. Spearman, 3 B. and A. 493. ii, 1358.