The opinion of the court was delivered by

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.