such Vagabond is taken sick and left

Opinion

As it was plainly the Intention of the Act to lay the whole Charge of conveying Vagrants Etc upon
the County, and it speaks expressely of maintaining them in the way I think the Parish in which
a Vagrant Etc is taken sick upon the Road ought not to be burthened with the Expence but the
same ought to be born out of the County Rate.

2 Qu

Whether the Justices in their General or Quarter Sessions can make any Order upon the Churchwardens
or Overseers of the Poor of any Parish in such case to repay the Constable (should you be of Opinion the
same ought to be paid by the Parish in the Case above mentioned) on the Complaint of the Constable and
his Application to the Sessions, and should the Churchwardens and Overseers of the Poor refuse to obey
such Order of the Sessions, what Power has the Sessions to enforce such Order

Opinion

This is a Case not particularly foreseen and provided for by the Act so as to be remedied by a
new Certificate and increase of Allowance by the Justice or Justices who signed the Pass
and Certificate with which the Vagrant Etc was sent away, and consequently the
accidental Increase of Expence will not be demandable by the Petty Constable or Parish
Officer of the High Constable and by him of the Treasurer, But upon considering the
Vagrant Act throughout and the Statute 12th. George 2d. for County Rates I think there is
a Sufficient Power in the Justices at Sessions to grant the proper relief in this Case, which is
by making a particular Order upon the Application of the Petty Constable or Parish
Officer for the Treasurer of the County to reimburse him the Additional Expence and
permitting him to charge the same in his General Account declaring it shall be
allowed on passing the same.

J: Strange
29th. March 1749