
    SHOTWELL against THORNALL, and others.
    OH CERTIORARI.
    Overseers of the poor cannot maintain action in their own names, for township moneys.
    It appeared by the transcript of the justice, that this was an action brought by the overseers of the poor, to recover the value of necessaries which they had furnished a negro man, who had become chargeable to the township, who, they contended, belonged to the plaintiff in this court, who was the defendant. The necessaries had been furnished, by the order of two justices. Various objections were taken to the proceedings of the justice.
   By the Court.

— The action is wholly misconceived. The overseers expended the money of the township, they must account with the town for the money expended; and have no authority to demand the same of defendant below. If any action can be sustained, it must be by the township, in its corporate name.

Cited in Inhabitants Saddle River v. Colfax, 1 Halst 115; Board v. Cronk, 1 Halst. 119; Taylor v. Green, 7 Halst. 124; Overs of Hobohen v. Reed, 3 Vr. 418. 
      
       Vide 7 Halst. 124. — Ed.
     