Case relating to Vagabonds
with Sir John Strange< no role > 's Opinion
thereupon.

By the Act of the 17th. of his present Majesty the Justices of the Peace are impowered by a Pass under
hand & Seal to cause Rogues & Vagabonds to be conveyed to the Place of their last legal Settlemt. and the
Justice of Peace who shall make such Pass shall at the same time with the sd. Pass cause likewise to be
delivered to the Constable or other Officer appointed to convey them a Note or Certificate ascertaining how they
are to be conveyed by Horse Cart or on foot and what allowance such Constable or other Officer is to have
for conveying them according to the rates or allowances appointed by the General or Quarter Sessions of
the Peace as is therein after directed, And by a Subsequent Clause it is enacted That the Justices of
Peace at their General or Quarter Sessions shall & may from time to time limit appoint & direct
what Rates & Allowances P Mile or otherwise shall be made for the passing conveying or maintaining
of Rogues or Vagabonds to be passed or conveyed as aforesd. And may likewise make such other Orders
Rules & Directions for the more regular proceeding or acting therein within their respective Limits
and Jurisdictions as they in their discretion shall think proper, which Rates Allowances Orders
Rules & Directions shall from time to time be observed & submitted to by all Justices of the Peace
Constables Officers and other Persons within the same Limits & Jurisdictions respectively
Memdum By a settled Order of Sessions for the County of Middx Constables or other Officers are to
be allowed six pence P Mile for the purposes aforesd. and six pence for the maintenance of every
Person for every twenty four Hours.

The Certificate above mentioned to be given to the Constable or other Officer who conveys and which
Certificate ascertains the Rates & Allowances to the sd. Constables Etc is to be delivered to the High
Constable who is to pay the Sum therein contained and no more to the Petty Constable or other Officer
and the High Constable is to receive the sd. Sum again from the County Treasurer , and the Justices
at the General or Quarter Session shall allow the same to such Treasurer in his Accounts

This Act further directs that the Justices of the Peace at their General or Quarter Sessions may
and shall cause such Sums of money as shall be necessary for defraying the Expences of
apprehending passing conveying & maintaining of Rogues & Vagabonds and likewise the
expences of erecting Etc Houses of Correction Etc and for defraying all other Expences necessary for
the Execution of this Act not herein before provided for to be raised in the same manner as Rates
are directed to be raised by the 12th. of his present Majesty Intituled An Act for the more
easy assessing collecting and levying of County Rates

The Justice of Peace having made out his Pass by this Act calculates how many Miles it is
to the first Parish in the next County to which the Rogue or Vagabond is to be sent, and then by
Note or Certificate ascertains how the sd. Person is to be conveyed and allows a Sum computing
at Six pence P Mile for the Conveyance and six pence for every twenty four Hours maintenance
for each Person, more than which Sum so allowed in the sd. Certificate the Petty Constable or other
Officer cannot demand or receive from the High Constable by the express Words of this Act.

It so happened (and so may often happen) that a Constable having a Vagabond in his Custody with
proper Pass & Certificate and which Vagabond was to be passed through Middx to a distant County
to the Place of his last legal Settlemt. fell very Sick insomuch that there was a necessity of leaving
such Vagabond several days in the Parish where so taken sick untill he was in a Condition to be
further conveyed, and which extraordinary expence was defrayed by the Constable, repayment of
which he experts either from the Treasurer of the County or from the Officers of the sd. Parish.
Please to read that Clause in this Act which mentions how the expence is to be defrayed where
Women wandring and begging are delivered of Children in Parishes and Places to which
they do not belong.

1 Qu

Whether the Charge and Expence of relieving and maintaining such Vagabond in his said
Sickness ought to be born and defrayed by the County of Middx out of the County Rate money or
by the Churchwardens and Overseers of the Poor of the Parish Hamlet or Liberty wherein