<div1 type="SM_GOpage" id="LMSMGO55602GO556020350"> <xptr type="pageFacsimile" doc="LMSMGO556020350"></xptr>
<p n="1295">such Vagabond is taken sick and left</p>
<p n="1296"> <note type="authorial" place="margin">Opinion</note>
As it was plainly the Intention of the Act to lay the whole Charge of conveying Vagrants Etc upon<lb></lb>
the County, and it speaks expressely of maintaining them in the way I think the Parish in which<lb></lb>
a Vagrant Etc is taken sick upon the Road ought not to be burthened with the Expence but the<lb></lb>
same ought to be born out of the County Rate.</p>
<p n="1297"> <note type="authorial" place="margin">2 Qu</note>
Whether the Justices in their General or Quarter Sessions can make any Order upon the Churchwardens<lb></lb>
or Overseers of the Poor of any Parish in such case to repay the Constable (should you be of Opinion the<lb></lb>
same ought to be paid by the Parish in the Case above mentioned) on the Complaint of the Constable and<lb></lb>
his Application to the Sessions, and should the Churchwardens and Overseers of the Poor refuse to obey<lb></lb>
such Order of the Sessions, what Power has the Sessions to enforce such Order</p>
<p n="1298"> <note type="authorial" place="margin">Opinion</note>
This is a Case not particularly foreseen and provided for by the Act so as to be remedied by a<lb></lb>
new Certificate and increase of Allowance by the Justice or Justices who signed the Pass<lb></lb>
and Certificate with which the Vagrant Etc was sent away, and consequently the<lb></lb>
accidental Increase of Expence will not be demandable by the Petty Constable or Parish<lb></lb>
Officer of the High Constable and by him of the Treasurer, But upon considering the<lb></lb>
Vagrant Act throughout and the Statute 12th. George 2d. for County Rates I think there is<lb></lb>
a Sufficient Power in the Justices at Sessions to grant the proper relief in this Case, which is<lb></lb>
by making a particular Order upon the Application of the Petty Constable or Parish<lb></lb>
<rs type="occupation" id="LMSMGO55602_occ1506">Officer</rs>
<interp inst="LMSMGO55602_occ1506" type="occupation" value="Officer"></interp>
for the Treasurer of the County to reimburse him the Additional Expence and<lb></lb>
permitting him to charge the same in his General Account declaring it shall be<lb></lb>
allowed on passing the same.</p>
<p n="1299">J: Strange<lb></lb>
29th. March 1749</p>
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