
    THE STATE, EX REL. MARY TREADWELL, v. PETER J. POWLESS, OVERSEER OF THE POOR OF HOBOKEN.
    An overseer of the poor has a discretion in refusing to make complaint under the supplement to the vagrant act (Nix. Dig. 1008,) to compel a husband to provide for his family, where there is no reasonable ground to believe, on fair inquiry by the overseer, that the application is a proper one.
    On application for mandamus.
    
    Argued before Justices Belle, Dalrimple and Depue.
    For the relator, J. W. Vroom.
    
    For the overseer, J. C. Besson.
    
   The opinion of the court was delivered by

Belle, J.

The overseer has a discretion in refusing to make complaint, under the supplement to the vagrant act, (Nix. Dig. 1008,) to compel a husband to provide for his family, where there is no reasonable ground to believe, on fair inquiry by the overseer, that the application is a proper one. In this case the facts show that his discretion was fairly exercised, and the motion for a mandamus is denied.  