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CORNELL UNIVERSITY LIBRARY

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AN

ABRIDGMENT

OF

CASES UPON POOR LAW,

From 5 & 6 Vict. to 20 & 21 Vict.

(1842 to 1858),

IN CONTINUATION OF MR. LUMLEY’S POOR LAW CASES.

g7

VOL. ITI.

BY

JOHN FREDERICK ARCHBOLD, Esa.,

BARRISTER-AT-LAW.

‘LONDON:
SHAW AND SONS, FETTER LANE,
Hato Printers anv Publishers.

_

1858,
(2B 10f So,

LONDON: PRINTED BY SHAW AND 8ONS, FETTER LANE,
PREFACE, oe

THE decisions of the Court of Queen’s Bench in
matters of Poor Law are so valuable to all those
who are in any manner engaged in the adminis-
tration of that law, that I am persuaded that I
shall be doing an essential service to those
persons,—even to the Poor Law Board itself,—
but particularly to justices, barristers, solicitors,
guardians, overseers, and the minor officers, by
giving them an Abridgment of those Cases, which
will show them at a glance the construction
which the judges of the Court of Queen’s Bench
have put upon the several Poor Law Statutes.
If justices and officers will be at the trouble of
studying these Cases, and making the decisions
familiar to them, they will feel a certainty in
the correctness of their decisions and acts, and
no hesitation whatever in the performance of
their very onerous duties. To country attornies
also, and those solicitors who act for the London
parishes, such an Abridgment seems to me to be
invaluable: it will enable them to advise their
iv PREFACE.

clients correctly, to prevent them from contesting
cases which are hopeless, and from abandoning
cases where they have a fair chance of success.
All this will tend to get rid of a vast quantity of
litigation, to reduce the poor rate, and to prevent
the funds thereby raised from being diverted from
their original and principal destination,—the
relief and maintenance of the poor.

I beg to say, however, that I am not the
originator of this plan. Mr. Lumley, the under
secretary of the Poor Law Board, in 1840,
published a valuable Abridgment of the Cases
relating to the Poor Law, comprising all those
which were decided after the passing of the Poor
Law Amendment Act in 1834, up to the time of
his publication. My Abridgment is but a con-
tinuation of his, giving all the cases from that
time to the present day. By accident, however,
there is much more value in this second Abridg-
ment than in the first. At the time Mr. Lumley
wrote, the examination taken before justices to
enable them to make an order of removal, were
to be sent with a copy of the order and notice
of chargeability to the officers of the opposite
parish; and any defect in them, by which they
failed in proving the settlement set up, might
PREFACE, Vv

be taken advantage of by the Appellants, and
the order was very often defeated by the Appel-
lants, by a preliminary objection for the defect,
however perfect the evidence might be, with
which the Respondents came prepared to support
their case at the Sessions. Mr. Lumley, there-
fore, found himself obliged to include in his
Abridgment, all the cases (and they were many)
which treated of the validity or invalidity of the
examinations, and, indeed, they formed the most
material part of his work. But the law has since
been altered; by stat. 11 & 12 Vict. c. 81, s. 2,
grounds of removal are substituted for these
examinations; a copy of these examinations,
however, may be had by the Appellants, if they
will, on application, but no objection can now be
made to them, nor any advantage taken of a
defect in them. Nor, indeed, is there much
use now in making objections for any defect
in the grounds of removal (thus substituted),
as the Sessions, at the hearing of the appeal,
have a power of amending them ;—except that
the Respondents are precluded from giving
evidence of any ground of settlement or re-
moval which is not therein stated. Of course,
all cases of decision on the validity or invalidity

of the examinations, which have occurred since
b
vi PREFACE.

the publication of Mr. Lumley’s work, to the
passing of the above statute, I have rejected as
useless ; but those deciding on the validity of the
grounds of appeal, with reference to the examin-
ations, I have retained, for they may still be
considered good decisions on the validity of
grounds of appeal with reference to the grounds
of removal. In other respects, this Abridgment
of Cases will be found to relate to the Poor Law,
as it is at present.

In this Abridgment, the cases are classed under
six several heads :—1. The Poor Law Board and
Officers ;—2. The Poor Rate;—3. Relief ;—
4. Settlement ;—5. The Removal of the Poor ;—
6. Appeal against an Order of Removal.

Under the first head (The Poor Law Board and
Officers), are comprised the following subordinate
titles :—The Poor Law Board ;—the Guardians ;
—the Overseers ;—Audit of Accounts.

Under the second head (The Poor Rate), are
comprised the following subordinate titles :—
Poor Rate (occupier) ;—Poor Rate (rector, vicar) ;
—Poor Rate (landlord) ;—Poor Rate (land) ;—
Poor Rate (docks) ;—Poor Rate (water-works);—
Poor Rate (valuable erections);—Poor Rate
PREFACE. vii

(buildings tor public purposes);—Poor Rate
(charitable institutions);—Poor Rate (scientific
and literary institutions);—Poor Rate (railways);
—Poor Rate-(tolls);—Poor Rate (when limited
by statute);—Poor Rate (in what parish);—Poor
Rate (the rate);—Poor Rate (appeal against it to
the special sessions);—Poor Rate (appeal against
it to the quarter sessions);—Poor Rate (how
levied) ;—Poor Rate (inspection of it).

Under the third head (Relief) are comprised
the following subordinate titles:—Relief (by
relations) ;—Relief (in the workhouse) ; ~ Relief
(out of the workhouse).

Under the fourth head (Settlement) are
comprised the following subordinate titles :—
Settlement (by birth);—Settlement (by mar-
riage) ;—Settlement (by parentage);—Settlement
(by hiring and service) ;—Settlement (by appren-
ticeship) ;— Settlement (by renting a tenement
before 2nd July, 1819) ;—Settlement (by renting
a tenement under stat. 59 G. 3, c. 50);—Settle-
ment (by renting a tenement under stat. 6 G. 4,
c. 57);—Settlement (by renting a tenement under
stat. 1 W. 4, c. 18, and 4 & 5 W. 4, c. 76);—
Settlement (by estate) ;—Settlement (by payment
of rates) ;—Settlement (by serving office).
iii PREFACE.

Under the fifth head (Removal of the Poor)
‘e comprised the following subordinate heads :
-Removal of the Poor generally) ;—Removal of
1e Poor (after a five years’ residence) ;— Removal
if widow) ;—Removal (of children) ;—Removal
versons irremovable, how relieved) ;—Removal
revious examination of the pauper).

Under the sixth head (Appeal against an Order
’ Removal) are comprised the following subor-
nate titles :—The Appeal (by and against whom
id to what sessions); Appeal (notice of appeal) ;
-Appeal (grounds of appeal) ;—Appeal (abandon-
ent of appeal);—Appeal (evidence) ; —Appeal
dmission of settlement by certificate) ;— Appeal
dmission of settlement by relief) ;— Appeal
dmission of settlement by order unappealed
sainst) ;—Appeal (admission of settlement by
‘der appealed against and confirmed); Appeal
ly order appealed against and quashed) ;—
ppeal (proof of settlement);—Appeal (judg-
ent);—Appeal (costs of the appeal) ;—Appeal

osts of maintenance) ;—A ppeal (special case by
nsent).

I have prefixed to the work a Table of Contents,
ranged under the foregoing heads; and an
phabetical Table of the Cases, and a Table of
PREFACE. ix

the Statutes. And Ihave given, in an Appendix
all the Statutes and parts of Statutes relating to
the Poor Law, which have been passed since the
publication of Mr. Lumley’s work.

I have now apprised the reader of what he is to
expect in the following work. It is evidently a
work of considerable labour, and it required great
nicety and care in stating the points contested, and
the decisions upon them, in the several cases
correctly. But if my readers will give me the
credit of having done the work well and carefully,
and think the work itself useful and correct, it
will fully satisfy any estimate I may have made
of the praise I deserve for the manner in which I
have executed my duty, and the highest com-
mendation which I claim or expect for the work
itself.

J.F.A.

9, King’s Bench Walk, Temple,
September, 1858.
CONTENTS.

PART I.

TuE Poor Law Boarp.

The Poor Law Board.

Re St. Mary Abbott’s, Kensington, 9 Q. B. 291; 16 Law J.
29, m. p. 1.

R. v. Greene et al., 17 Q. B. 793; 21 Law J. 187 m.; 16 J. P.
183, p. 2.

R. v. Poor Law Commissioners, 17 Q. B. 445; 20 Law J. 286, m.;
15 J. P. 132, p. 3.

R. v. Robinson, 17 Q. B. 466; 15 J. P. 132, p. 5.

R v. The Governors, &c., of the Poor of St. James, Westminster,
17 Q.B. 474; 16 J. P. 70, p. 6.

R. v. Guardians of the Poor of the City of Oxford, 17 Q. B.
457,n.; 8J. P. 710,p. 8.

Re Teather and the Poor Law Commissioners, 19 Law J. 70, m.;
15 J. P. 36, p. 8.

Guardians.

Re Westbury-upon-Severn Union, 4 E. & B. 314; 18 J.P. 758, p. 9.

R. v. The Overseers of the Townships of Oldham Union, 10 Q. B.
700; 16 Law J. 110, m.; 11 J. P. 404, p. 10.

Paine v. The Guardians of the Strand Union, 8 a. B. 326 ;
15 Law J. 89,m.; 10 J. P. 391, p. 10.

R. v. The Guardians of St. Neot’s Union, 8 Q:; B. 810; 15 Law J.
89, m.; 10 J. P. 261, 279, p. 11.

Clarke et al. v. The Guardians of the Cuckfield Union, 21 Law J.
349, q.b.; 16 J. P. 457, p. 12.

Guardians of the Wycombe Union v. The Guardians uf the Eton
Union, 26 Law J. 97,m.; 21 J. P. 70, p. 13.

Smart v. The Guardians of the West Ham Union, 24 Law J. 201;
19 J. P. 454, p. 14.

R. v. Griffiths, 17 Q. B. 164; 15 J. P. 450, p. 15.

Overseers.

R. v. Harrison et al., 9 Q. B. 794; 16 Law J.33,m.; 10J. P. 771,
p. 16.

Doe d. Bowley et al. v. Barnes, 8 Q. B. 1087; 10 J. P. 309, p. 16.

Doe d. Lansdell et al. v. Gower, 17 Q. B. 589; 15 J. P. 816, p. 17.

Doe d. Edney et al. v. Benham, 7 Q. B. 976; 8 J.P. 741, 10 J. P.
38, 39, p. 18.
xil Contents.

Holland et al. v. Lea et al., 23 Law J. 122, m.; 9 Ex. Rep. 480;
18 J. P. 201, p. 18.

Bamford et al. v. Iles et al., 18 L.J. 49, m.; 3 Ex. Rep. 380;
18 J. P. 652, p. 19.

Audit of Accounts.

R.-v. The Governor, &c., of the Poor of the City of Bristol,
18 Law J. 132, m.; 14 J. P. 353, p. 20.

R. v. The Governors and Directors of the Poor of St. Andrew
Holborn-above-Bars, and St. George-the-Martyr, 6 Q. B. 78 ;
8 J. P. 391, p. 21.

R. v. The Great Western Railway Company (in the matter of the
Burnham rates,) 13 Q. B. 827; 18 Law J. 145, m.; 13 J. P.
198, p. 22.

R. v. Street et al., 18 Q. B. 682; 22 Law J. 29, m.; 16 J. P. 359,
p. 24.

R. v. Hunt, 6 E. & B. 408, S.C. nom. R. v. Napton, 25 Law J. 296,
q-b.; 20 J. P. 581, p. 25,

R. v. Read et al., 13 Q. B. 524; 18 Law J. 145, m.; 12 J.P. 771,
p. 25.

R. v. Tyrwhitt et al., 2 E. & B. 77; 17 J. P. 678, m., p. 26.

R. v. Tyrwhitt, 15 Q. B. 249; 19 Law J. 249, m.; 14 J. P. 319,
335, 482, p. 27.

PART II.

Poor Rate.

Poor Rate. (Occupier.)
R. v. Vange, 3 Q. B, 242; 11 Law J. 117, m.; 6 J. P. 668, p. 28.

Poor Rate. (Rector, Vicar.)
R. v. Shaw, 12 Q.B. 419; 17 Law J. 137, m.; 12 J.P. 443, p. 29.
Goodchild v. Trustees of the Poor of St. John’s, Hackney, 22 J. P.
144, p. 30.
Hawkins v. The Overseers of Lamberhurst, 22 J. P. 148, p. 32.

Poor Rate. (Landlord.)
R. v. St. Giles-in-the-Fields, 7 E. & B. 205; 26 Law J. 55, m. ;
21 J. P. 564, p. 33.

R. v. St. Martin’s-in-the- Fields, 3 Q. B. 204; 6 J.P. 655, p. 33.

Poor Rate, (Land.)
The Electric Telegraph Company v. Overseers of Salford, 24 Law J.
146, m.; 19 J. P. 375, p. 35.

Allison ». Moukwearmouth Shore, 4 E. & B. 18 ; 23 Law J.177,m.,
18 J. P. 438, p. 36.

R. v. Leith, 1 E. & B, 121; 21 Law J. 119, m.; 16 J. P.310, p. 37,
Contents. xill

R. v. Morrison et al., 1 E. & B. 150; 22 Law J. 14,m.; S.C.nom.
R. v. North Shields, 16 J. P. 727, 742, 758; 17 Id, 24, p. 38.

R. v. Westbrook, 10 Q.B. 178; 16 Law J.187,m.; 11 J. P. 277,
p. 39.

Poor Rate. (Docks.)

R. v. The Dock Company of Kingston-upon-Hull, 7 Q. B. 2;
14 Law J.114, m.; 9 J. P. 405, p. 41.

R. v. The Dock Company of Kingston-upon-Hull, 18 Q. B. 325;
21 Law J. 153,m.; 16 J.P. 488, p. 42.

R. v. The Trustees of the Birkenhead Docks, 2 E. & B. 148;
21 Law J. 209, m.; 16 J. P. 551, p. 43.

R. v. Southampton Dock Company, 14 Q. B. 587; 20 Law J.
155, m.; 15 J. P. 145, p. 44.

Poor Rate. (Water Works.)

R. v. Mile End Old Town, 10 Q. B. 208; 16 Law J. 185, m.;
11 J. P. 505, p. 45.

R. v. Longwood, 13 Q. B. 116; 18 Law J. 65, m.; 13 J.P. 137,
p. 46.

Mayor, &c. of Liverpool v. Overseers of West Derby, 6 E. & B. 704 ;

~ 25 Law J. 112, m.; 20 J.P. 661, p. 47.

R. v. Longwood, 17 Q. B. 871; 21 Law J. 215, m.; 16 J. P. 473,
p. 48.

Mayor, &c. of Manchester v. Overseers of the Township of Man-
chester, 17 Q. B. 859; 21 Law J. 160, m.; 16 J. P. 505, p. 49.

R. v. Kentmere, 17 Q. B. 551; 21 Law J. 13, m.; 16 J. P. 36, p. 60.

Poor Rate. (Valuable erections.)
R. v. Hammersmith Bridge Company, 15 Q. B. 369; 18 Law J.
85, m.; 13 J. P. 108, p. 51.
R. v. Haslam & Howarth, 17 Q. B. 220; 15 J. P. 642, p. 52.
R. v. St. Giles’s, Camberwell, 14 Q. B. 571; 19 Law J. 122, m.;
«14. P. 448, p. 58.

Poor Rate. (Buildings for Public purposes.)

R. v. Ponsonby et al., 3 Q. B. 14; 1 Gale & D. 713; 11 Law J.
65, m.; 6 J. P. 266, p. 55.

De la Beche et al. v. Rector, &c. of St. James, Westminster, 4 E. & B.
385; 24 Law J. 74, m.; 19 J. P. 180, p. 56.

R. v. Manchester, 3 E. & B. 336; 23 Law J. 48, m.; 18 J. P. 218,
p- 58.

R. v. John Smith, 7 E. & B. 485; 26 Law J. 105, m.; 21 J. P.
276, p. 58.

Re University of Oxford and City of Oxford Poor Rate, 27 Law J.
33, m.; 21 J. P. 644, p. 59.

R. v. Shee et al., 4Q. B. 2; 12 Law J. 53, m.; 7 J. P. 209, p. 60.

R. v. JJ. of Hull, 4 E. & B. 29; 8. C. nom. R. v. Cooper et al.,
23 Law J. 183, m.; 18 J. P. 695, p, 62.

e
xiv

Contents,

R.v. Commissioners of High and Low Harrowgate, 15 Q. B. 1012;
20 Law J. 25, m.; 15 J. P. 38, p. 63.

Justices of Bedfordshire v. Overseers of St. Paul, 21 Law J. 228, m. ;
16 J. P. 552, p. 64.

Gambier v. Overseers of Lydford,3 E. & B. 346; 23 Law J. 69, m. ;
18 J, P. 456, p. 65.

Poor Rate. (Charitable Institutions.)

R. v. St. George-the-Martyr, Southwark, 10 Q. B. 852; 16 Law J.
129, m.; 11J. P. 615, p. 66.

R.v. Temple, 2E. & B.160; 22 Law J. 129, m.; 17 J.P. 488, p. 67.

R. v. Baptist Missionary Society, 10 Q. B. 884; 18 Law J. 194, m. ;
13 J. P. 378, p. 68.

R. v. Ellis et al., 12 Law J. 20, m.; 7 J. P.179, p. 69.

Poor Rate. (Scientific and Literary Institutions.)

R. v. Phillips et al., 8 Q. B.745; 17 Law J. 83, m.; 12 J. P. 217,
p. 69.

R. v. Gaskell et al., 16 Q. B. 472; 21 Law J. 29,m.; 15 J. P. 755,
p. 70.

Purvis et al. v. Traill, 18 Law J. 57,m; 13 J. P. 219, p. 71.

Earl of Clarendon et al. v. The Rector, &c. of St. James, West-
minster, 20 Law J. 218, m.; 15 J. P. 340, p. 72.

R. v. Cockburn et al., 16 Q. B.480; 8. C. nom. R. v. St. Martin-
in-the-Fields, 21 Law J. 58, m.; 16 J. P. 198, p. 72.

R. v. Manchester, 16 Q. B. 449; 20 LawJ.118,m.; 15 J. P. 193,
p. 73. £s

Governors of the Russell Institution v. St. Giles-in-the-Fields and
St. George, Bloomsbury, 3 E. & B. 416; 23 Law J. 65, m.;
18 J. P. 129, p. 75.

Scott v. St. Martin’s-in-the-Fields, 5 E. & B. 558 ; 25 Law J. 42, m.;
20 J. P. 420, p. 76.

Purchas and Cambridge Philosophical Society v. Overseers of the
Parish of the Holy Sepulchre, 4 E. & B.156; 24 Law J.9,m. ;
18 J. P. 724, p. 77.

St. Mary-le-bone v. Zoological Society, 3 E. & B. 807; 8. C. nom.
R. v. Zoological Society, 23 Law J. 139, m.; 18 J. P. 489, p. 78.

R. v. Brandt et al., 16 Q. B. 462; 20 Law J. 119, m.; 15 J. P.
191, p. 79.

St. Ann, Westminster v. Linnean Society, 3 E, & B. 793; 23 Law J.
149,m.; 18 J. P. 504, p. 80.

Birmingham v. Shaw et al.,10 Q. B. 868; S.C. nom. exp. The
Overseers of the Poor of Birmingham v. The Birmingham New
Library, 18 Law J. 89, m.; 13 J. P. 395, p. 81,

R. v. Jones, 8 Q. B. 719; 15 Law J. 159; 10 J. P. 531, p. 83.

R v. Pocock, 8 Q. B. 729; 15 Law J. 132,m.; 10 J.P. 551, p. 84.

R. v. Stacey, 14 Q. B, 789; 14 J. P. 415, p. 85. :
Contents. KV

Poor Rate. (Railways.)

R. v. Grand Junction Railway Company, 4 Q. B. 18; 13 Law J.
94m.; 8 J. P. 310, p. 85.

R. v. Great Western Railway Company, 6 Q. B. 179; 15 Law J.
80, m.; 10 J. P. 57, p. 89.

R. v. London, Brighton, and South Coast Railway Company,
15 Q. B. 313; 20 Law J. 125, m., 148, m.; 15 J. P. 240, p. 91.

R. v. South Eastern Railway Company, 15 Q. B. 344; 20 Law J.
138, m., 143, m.; 15 J. P. 240, p. 92.

R. v. Midland Railway Company, 15 Q. B. 353; 20 Law J. 140, m.,
143, m.; 15 J. P. 240, p. 93.

R. v. Great Western Railway Company, 15 Q. B. 379, 1085;
21 Law J. 84, m.; 16 J. P. 164, p. 93.

South Eastern Railway Company v. Overseers of Dorking, 3 E. & B.
491; 23 Law J. 84, m.; 18 J. P. 182, p. 95.

Newmarket Railway Company v. Overseers of St. Andrew-the-Less,
Cambridge, 3 E. & B. 94; 23 Law J. 76,m.; 18 J. P. 343, p. 96.

Poor Rate. (Tolis.)
Lewis v. Overseers of Swansea, 5 E. & B. 508; 25 Law J. 35,m.;
20 J. P. 228, p.97.
R. v. North and South Shields Ferry Company, 1 E. & B. 140,
22 Law J.9,m.; 17 J.P. 21, p. 98.
Roberts et al. v. ne of Aylesbury, 1E. & B. 423; 22 Law J.
34, m.; 17 J.P. 55, p. 99.
“Mayor, &c. of Worcester v. Overseers of St. Clements, 22 J. P. 319,
p. 100,
Poor Rate. (When limited by Statute.)
Regent’s Canal Company v. Hendon, 6 E. & B. 852; 20 J. P.710,
p. 101.
R. v. St. Leonard’s, Shoreditch, 13 Q. B. 964; 19 Law J. 71, m. ;
13 J. P. 585, p. 101.
R. v. Badcock et al., 6 Q. B. 787; 9J.P.114; 8. C. nom. R. v.
Trustees of Taunton Market, 14 Law J. 58, m.; 9J. P. 245,
p. 103.
Poor Rate. (Jn what Parish.)
R. v. Clayton, 13 Q. B. 354; 18 LawJ.129, m.; 13J.P. 166, p. 104.
Sharpley v. Overseers of Mablethorpe, 3 E. & B. 906; 24 Law J.
35,m.; 18 J.P. 313, p. 105.
Poor Rate. (The Rate.)
Scadding v. Lorant et al., 13 Q. B. 687, 706; 13 J.P. 665, P- 106.
R. v. Eastern Railway Company, 5 E. & B. 974; 25 Law J. 49. m. 4
20 J. P. 566, p. 107.
R. v. Overseers of Bangor, 10Q. B. 91; 16 Law J. 58, m.; 11 J.P.
260, p. 107.
* Paynter v. The Queen in error, 10 Q. B. 908; 16 LawJ, 136, m, ;

13 J. P, 457, p. 108.
c2
xviii Contents.

Settlement. (By Apprenticeship.)
R. v. Wooldale, 6 Q. B. 549; 14 Law J. 13, m.; 9J. P. 85, p. 138.

R. v. Aldbrough, 13 Q. B. 190; 18 Law J. 81, m.; 13 J. P. 331,
p. 139.

R. v. St. George’s, Bloomsbury, 4 E. & B. 320; 24 Law J. 49, m.;
19 J. P. 166, p. 140.

R. v. Stainforth, 11 Q. B. 66; 17 Law J. 25, m.; 12J. P. 105, p. 141.

R. v. Guardians of Holborn Union, 6 E. & B. 715; 25 Law J.
110, m.; 20 J. P. 698, p. 142.

R. v. St. Cannes, Bloomsbury, 16Q. B. 1005; 20 Law J. 200, m. ;
15 J. P. 456, p. 142.

R. v. Holne, 9 Q. B. 70; 15 Law J. 125, m.; 10J. P, 517, p. 143.

Staverton v. Ashburton, 4 E. & B. 526; 24 Law J.53,m.; 19 J.P.
229, p. 143.

R: v. Ashburton, 9 Q. B. 871; 15 Law J. 97, m.; 10 J. P. 482,
p. 144,

R. v. Totnes, 11 Q. B. 80; 18 Law J. 46, m.; 18 J.P. 288, p. 145.

R. v. St. Mary Magdalen, Bermondsey, 2 E. & B. 809; 23 Law J.

m.; 18 J.P. 21, p. 145.

R. v. St. Giles-in-the-Fields, 2 Q. B. 458; 12 Law J. 52,m.;
7 J.P. 225, p. 146.

R. v. Epsom, 4 E. & B. 1003; 24 Law J.119, m.; 19 J.P. 484,
p. 146.

R. v. St. Ann, Westminster, 8 Q. B. 561; 16 Law J. 33, m. ; 11J.P.
167, p. 147.

R. v. East Stonehouse, 10 Q. B. 230; 16 Law J. 49,m.; 11 J.P. 227,
p. 147.

R. v. Chiswick, 10 Q. B. 241, n.; 8 J. P. 758, p. 148.

R. v. Kenilworth, 7 Q. B. 642; 14 Law J. 160, m.; 9J. P. 680,
p. 148,

Settlement. (By renting a Tenement before 2nd July, 1819.)
R. v. Cumberworth Half, 5 Q. B. 484; 13 Law J. 49, m.; 8J.P.
500, p. 149.
R. v. Mendham, 9 Q. B.971 ; 16 Law J. 67, m.; 11 J. P. 184, p.150.

Settlement. (By renting a Tenement under 59 G. 8, c. 50.)

R.v. St. Mary, Warwick, 1 E, & B. 816 ; 22 LawJ.109,m.; 17J. P.
552, p. 150.

Settlement. (By renting a Tenement under 6 G. 4, c. 57.)

R. v. St. Lawrence, Appleby, 6 Q. B., 842; 14 Law J. 56, m., and
M.S.; 9 J.P. 69, p. 151.

Settlement. (By renting a Tenement under stat. 1 W. 4, c. 18,
and 455 W. 4, ¢. 76.)
R. v. Hulme, 4 Q. B. 588; 12 Law J. 100, m.; 7 J. P. 370, p. 152.
R. v, i 18 Q. B, 447 ; 21 Law J. 189, m.; 16 J. P. 696,
p. 7
Contents. xix

Settlement. (By Estate.)
R. v. St. Mary Castlegate, 21 Law J. 106, m.; 16 J. P. 87, p. 154.
R. v. Burgate, 3 E.& B. 823 ; 23 Law J. 148, m.; 18J. P. 631, p. 154.
R. v. Halifax, 4 E. & B. 647 ; 24 Law J.65,m.; 19 J. P. 244, p.155,
R. v. Cuddington, 14 Law J. 182,m.; 9 J.P. 713, p. 156.

R. v. Knaresborough, 16 Q. B. 446; 20 Law J.147, m.; 15 J.P.
259, p. 156.

R. v. Saffron Walden, 9 Q. B. 76; 15 Law J. 115,m.; 10J.P.
499, p. 157.

R. v. Llansaintffraid Glan Conway, 2 E. & B. 808; 25 Law J. 5,m.,
18 J.P. 23, p. 158.

Wendron v. Stithians, 4 E. & B. 147; 24 Law J.1,m.; 19J.P.
39, p. 159.

R. v. Carlton, 14 Q. B. 110; 19 Law J. 100, m.; 13 J.P. 604,
p. 159,
Settlement. (By payment of Rates.
R. v. St. Mary-le-bone, 15 Q. B. 399; 19 Law J. 201,m.; 14 J.P.

559, p. 160.

R. v. South Kilvington, 5 Q. B. 216; 13 Law J. 3, m.; 8 J.P. 38,
p. 161.

R. v. Benjeworth, 3 E. & B. 637; 23 Law J.124, m.; 18 J.P. 471,
p. 162,

R. v. St. Olave, Southwark, 5 Q. B. 912; 8 J. P.759, p. 162.

Settlement. (By serving Office.)
R. v. Ossett, 16 Q. B. 975; 20 Law J. 205, m.; 153. P1498, p. 63.
R. v, Anderson, 9 Q. B. 663; 11 J. P. 55, p. 164.

PART Y.

REMOVAL OF THE Poor.

Removal of the Poor.
R. v. Leeds, 5 Q. B. 916; 13 Law J. 107, m.; 8 J.P. 517, p. 165.
R. v. Birmingham, 5 Q. B. 210; 13 Law J. 1, m.; 7J. P. 705, p. 166.
R. v, Bucknell,3 E. & B.587; 23 Law J. 129, m.; 18 J.P. 503, p. 166.
R. v. Huddersfield, 26 Law J. 169, m.; 22 J.P. 160, p. 167.
R. v. Prior’s Hardwick, 12Q. B. 168; 18 Law 177, m.; 13 J.P.
286, p. 168.
R. v. Halifax, 12 Q.B.111; 17 Law J. 158, m.; 12 J. P. 613, p. 168.
Removal of the Poor. (After five years’ Residence.)
R. v. Clerk of the Peace for Middlesex, 16 J. P. 586, 758, p. 169.
R. v. The Justices of Middlesex, 16 Law J. 135, m. ; 11J.P.503,p.170.
EX Contents.

R. v. Glossop, 12 Q. B. 117; 17 Law J.171, m. ; 12 J. P. 597, p. 170.
R. v. Stowmarket, 17 J. P. 84, p. 171.
R. v. Forncett St. Mary, 12 Q. B. 160; 18 Law J. 125, m.; 13 J.P.

505, p. 171.
R. v. St. Ann, Blackfriars, 2 E. & B. 440; 22 Law J.137, m.; 17 J. P.
615, p. 172.
R. v. Seend, 12 Q. B. 1383; 18 Law J. 12, m.; 13 J. P. 232, p. 173.
R. uv. Barnsley, 12 Q. B. 193; 18 Law J. 170, m.; 13 J. P. 329, p.174,
R. v. Caldecote, 17 Q. B. 52 ; 20 Law J. 187, m. ; 15 J. P. 517, p. 175.
R. v. St. Mary-le-bone, 16 Q. B. 299 ; 20 Law J. 173, m.; 15 J.P.
258, p. 176.
R. v. Tacolnestone,1 Q. B. 157 ; 18 Law J, 44,m.; 13J. P. 268, p. 177,
R. v. Brighthelmstone, 4 E. & B. 236; 24 Law J, 41, m.; 19 J. P,-
132, p. 178.
R. v. Stapleton, 1 E.& B. 766 ; 22 Law J. 102,m. ; 17 J. P. 472, p.178.
R. v. Nempnett Thrubwell, 17 J. P. 83, p. 179,
- R.v. Cuckfield, 5 E. & B. 523 ; 25 Law J. 4, m.; 20 J. P. 196, p. 180.
Hartfield v. Rotherfield, 17 Q. B. 746, 759 ; 21 LawJ. 65, m.; 163. P.
181, p.181.

R. v. St. Andrew, Holborn, 17 Q. B. 758, 764; 21 Law J. 69, m. ;
16 J. P. 182, p. 182.

R. v. Holbeck, 16 Q. B.404 ; 20 Law J. 107, m.; 15J. P.227, p. 182.

R. v. East Stonehouse, 3 E. & B. 596; 28 Law J. 137, m.; 183. P.
522, p. 188.

Horton v. Leeds, 5 E.& B. 595; 25 Law J. 38, m.; 20 J.P. 198,
p. 184.

R. v. Shavington cum Gresty, 17 Q. B. 48; 20 Law J. 194, ™. ; ‘3
15 J.P. 499, p. 184.

R. v. Christchurch, 12 Q. B. 149 ; 18 Law J. 28, m.; 12 J.P. 792,
p. 185.

R. v. Harrow-on-the-hill, 12 Q. B. 103; 17 Law J. 148, m.; 12 J. P.
584, p. 186.

R. v. St. Ebbe, 12 Q. B. 187 ; 18 LawJ.14,m.; 13J.P. 216, p. 186.
R. v. Lianelly, 17 Q. B. 40; 15 J. P. 534, p. 187.
R. v. Manchester, 17 Q. B. 46, n.; 15 J. P. 755, p. 188.
Much Hoole v. Preston, 17 Q. B. 548, 8.C. nom. R.v. Much Hoole,
21 Law J.1,m.; ; 16 J.P. 212, p, 188.
Removal. (Of Widow. )

R. v. St. Mary, Whitechapel, 12 Q. B. 120; 17 Law J. 172, m.
12 J. P. 598, p. 189.

R. v. East Stonehouse, 4 E. & B. 901 ; 24 Law J. 121, m.; 19J.P.
579, p. 190.

R. v. St. Pancras, 12 Q. B. 129; 12 J. P. 599, p. 190.
Removal. (Of Children.)
R. v. Combs, 5 E. & B. 892; 25 Law J. 59, m. ; 20J. P. 516, p. 191.
Contents. XXi

Removal. (Persons irremoveable, how relieved.)
R. v. Bennett et al., 3 E. & B. 341; 23 Law J. 39, m.; 18 J. P.
217, p. 191.
Removal. (Examination of Pauper.)
R. v. Greenaway et al., 7 Q.B. 126; 14 Law J, 190, m.; 9 J. P.
837, p. 192. :
R. v. Vickery, 12 Q.B. 478; 17 Law J. 129, m.; 12 J. P. 487,
p. 193.
R. v, Orton, 7 Q. B. 120; 9 J.P. 520, p. 194.
R. v. Bradford, Wilts, 8Q.B 571; 15 Law J. 117,m.; 10 J. P.
375, p. 194.
Removal. (Order.)
R. v. Casterton, 6 Q. B. 507; 14 Law J. 5, m.; 9 J.P. 117, p. 195.
R. v. Blathwyat et al., 15 Law J. 48, m.; 10 J. P. 281, p. 196.

R. v. Stockton-upon-Tees, 7 Q. B. 520; 14 Law J. 128, m.;
9J. P. 570, p. 196.

R. v. Newton Ferrers, 9 Q. B. 82; 10 J. P. 338, p. 197.

R. v. Rogers et al., 12 Law J. 50,m.; 7 J.P. 240, p. 198.

R. v. Blanchard et al., 13 Q.B. 318; 18 J. P. 104, p. 198.

R. v. Watford, 16 Law J. 1, m.; 11 J. P. 39, p. 199.

R. v. Bedingham, 13 Law J. 75, m.; 8 J. P..660, p. 199.

R. v. Madeley, 15 Q. B. 43; 19 Law J. 187, m. ; 14J. P. 589, p. 199.

R. v. St. Giles-in-the-Fields, 7 Q.B. 529; 15 Law J. 122,m.;
10 J. P. 553, p. 200.

R. v. St. Paul’s, Covent Garden, 7 Q. B. 5383; 16 Law J. 11, m.;
11 J. P. 70, p. 201.

R. v. Willats et al., 7 Q. B. 516; 14 Law J. 157, m.; 9 J. P. 361,
p. 201.

R. v. Rotheram, 3 Q. B. 776; 12 Law J.17,m. ; 6 J. P. 802, p. 202.

R. v. Recorder of King’s Lynn, 15 Law J. 93,m.; 10 J.P. 804,
p. 204.

R. v. Shipton-upon-Stour, 13 Law J. 128; 8 J.P. 535, p. 205.

R. v. Worthenbury, 7 Q. B. 555; 14 Law J. 144, m.; 9 J. P. 697,
p. 205. s we

R. v. St. Paul’s, Covent Garden, 7 Q. B. 282; 14 Law J. 109, m.;
9 J.P. 441, p. 206.

Removal. (Abandonment of Order of.)

Killymaenllwydd v. St. Michael’s, Pembroke, 21 Law J. 79, m. ;

16 J. P. 150, p. 206.
Removal. (Suspension of Order.)

R. v. Chedgrave, 12 Q. B. 206 ; 19 Law J. 54, m. ; 14 J. P. 242, p.207.

R, v. Crowan, 14 Q. B, 221; 19 Law J. 20, m, ; 14 J. P. 207, p. 207.

Re Williams, 2 E. & B. 84; 22 Law J. 125, m. ; 17J. P. 519, p. 208.

R. v. Chedgrave, 20 Law J. 23, m.,p. 208.
Xxil Contents.

Removal. (Notice of Chargeability.)

R. v. Recorder of Shrewsbury, 1 E.& B. 711; 22 Law J. 28, m.;
17 J. P. 121, 503, p. 209.

R. v. Gomersal, 17 Law J.163, m.; 12 J. P. 774, p. 210.

R. v. Stockton, 7 Q. B. 520; 14 Law J. 128, m. ; 9 J. P. 570, p. 210.

R. v. Westbury, 5 Q. B. 500; 8 J. P. 532, p. 211.

R. v. Guardians of Lambeth, 5 Q.B. 513; 14 Law J. 183, m. ;
9 J. P. 600, p. 211.

R. v. St. Mary, Southampton, 5 Q. B. 518; 14 Law J. 134, m.;
9 J.P. 601, p. 212.

R. v. Colerne, 11 Q.B. 909; 17 Law J. 121, m.; 12 J. P. 535,
p. 212.

R. v. Great Bolton, 7 Q. B. 387 ; 14 Law J. 122, m.; 9 J.P. 536,
p. 213.

R. v. Cooper, 18 Law J. 16, m.; 12 J. P. 803, p. 214.

R. v. Acton, 8 Q. B. 108; 15 Law J. 21, m.; 10 J. P. 160, p. 214,

R. v. Hunnington, 5 Q. B. 273; 13 Law J. 24,m.; 8 J. P. 20,
p. 215.

R, v. St. Martin’s, New Sarum, 9 Q.B. 241; 15 Law J. 123, m.;
10 J. P. 581, p. 216.

Appeal. (Against Orders of Removal.)

R. v. St. Edmund’s, Salisbury, 2 Q. B. 72; 5 J.P. 483, p. 217.

R. v. JJ. of Suffolk, R. v. JJ. of Shropshire, and R. v. JJ. of
Lancashire, 2 Q. B. 85; 5 J. P. 484, p. 217.

R. v. Recorder of Liverpool, 15 Q. B. 1070; 14 J. P. 782, p. 218.

R.v. JJ. of Buckinghamshire, 4 E. & B, 259, n.; 19 J. P. 148, p. 219.

R. v. JJ. of Salop, 4 E. & B. 257; 24 Law J. 14,m.; 19 J.P. 149,
p. 219.

R. v. Seven Oaks, 7 Q. B. 136; 9 J.P. 485, p. 220.

R. v. JJ. of Peterborough, 26 Law J. 153, m.; 21 J. P. 20, p. 221.

R. v. JJ. of Lancashire, 4 Q.B. 910; 12 Law J. 110, m.; 7J.P.
399, p. 221.

R. v. JJ. of Middlesex, 4 Q.B. 807; 12 Law J. 134, m.; 7 J.P.
494, p. 222.

‘ Riv JJ. of Westmoreland, 12 Law J. 113, m.; 7 J.P. 658, p. 222.

Appeal against Order of Removal. (WVotice.)
R. v. JJ. of Lancashire, 17 Law J. 45, m.; 11 J.P. 820, p. 228.
R. v. JJ. of Middlesex, 14 Law J. 139, m.; 9 J. P. 374,389, p. 224.
R. v. JJ. of Montgomeryshire, 14 Law J. 142, m.; 9 J.P. 358.
389, p. 224.
R. v. JJ. of Surrey, 18 Law J. 175, m.; 13 J. P, 331, p. 225.
R. v. JJ. of Flintshire, 16 Law J. 55, m.; 11 J. P. 103, p. 225.
R. v. Wickenby, 16 J. P. 294, p. 226.
R. v. JJ. of Middlesex, 20 Law J. 42, m.; 14 J. P. 736, p. 226.
Contents. XXxiii

R. v. JJ. of W. R. Yorkshire, 13 Law J. 89, m., p. 227.

R. v. St. George, Hanover Square, 13 Q. B. 642 ; 18 Law J. 160, m. ;
13 J. P. 493, p. 227.

R. v. Slawstone, 18 Q. B. 388; 21 Law J. 145; 16 J. P. 279,
p. 227.

R. v. West Houghton, 5 Q. B. 300; 13 Law J. 41, m.; 7 J.P. 738,
p. 228.

R. v. JJ. of Middlesex, 15 Law J. 100, m.; 10 J. P. 309, p. 229.

Appeal against Order of Removal. (Grounds.)

R. v. JJ. of Suffolk, 16 Law J. 36, m.; 11 J. P. 58, p, 229.

R. v. Recorder of Derby, 20 Law J. 44, m.; 14 J.P. 753, p. 230.

R. v. JJ. of Surrey, 15 Law J. 46, m.; 10 J. P. 71, 119, p. 281.

R. v. JJ. of W. R. Yorkshire, 14 Law J. 119, m.; 9 J. P. 822, p. 231.

R. v. Leominster, 5 Q.B. 640; 13 Law J. 54, m.; 8 J. P. 613,

p. 282.

R. v. JJ. of Surrey, 5 Q.B. 506; 13 Law J. 86,m.; 8 J.P. 440,
p. 232.

R. v. St. Mary in Bungay, 12 Q. B. 32; 19 Law J.39, m.; 133. P.
779, p. 233.

R. v. Widdicombe-in-the-Moor, 9 Q. B. 894; 16 Law J. 44, m.;
11 J.P. 213, p. 234.

R. v. St. Giles, Colchester, 12 Q.B. 13; 17 Law J. 148, m.; 12 J.P.
645, p. 234.

R. v. St. Pancras, 12 Q.B. 31; 19.Law J. 23,m.; 14 J.P. 175,
p. 235.

R. v. Ealing, 12 Q. B. 178, n.; 18 Law J. 185, m.; 13 J.P. 297,
p. 238.

R. v. Recorder of Leeds, 2 Q. B. 547, n., p. 236.

R. v. Aston, near Birmingham, 12 Q.B. 26; 19 Law J. 17, m.;
14 J. P. 208, p. 237.

R. v. Rhyddlan, 14 Q. B. 327; 14J. P. 368, p. 237.

R. v. St. Olave’s, Southwark, 5 Q. B. 912; 8 J. P. 759, p. 238.

R. v. Ripon, 7 Q. B. 225; 14 Law J. 102, m.; 9 J. P. 617, p. 238.

R. v. Bedingham, 5 Q.B. 653; 13 Law J. 75, m.; 8 J.P. 660,
p. 239. :

R. v. Rothwell, 7 Q. B. 574, n.; 9 J. P. 714, p. 239.

Appeal. (Abandonment of.)
R. v. Over, 14 Q. B. 425; 14 J.P. 176, p. 240.

Appeal. (Zvidence.)
R. v. Vickery, 17 Law J. 129, m.; 12 J.P. 487, p. 240.
R. v. Orton, 7 Q. B. 120; 9 J. P. 520, p. 241.
R. v. Llanfaethly, 23 Law J. 33, m.; 8 J. P. 18, p. 242.
R. v. Saffron Hill, Hatton Garden, and Ely Rents, 1 E. & B. 93;
22 Law J. 22, m., p. 242.
xxiv Contents.

R. v. Worth, 4 Q. B. 182; 12 Law J. 47,m.; 7 J.P. 287, p. 243.
- R. v. Wigan, 14 Q.B. 287; 19 Law J. 18, m.; 14 J.P. 37, p. 244.
R. v. JJ. of Staffordshire, 16 Law J. 53, m.; 11 J.P. 459, p. 244.

Appeal. (Evidence by Certificate.)
R. v. Basingstoke, 14 Q. B. 611; 14 J.P. 75, p. 245.

Appeal. (Evidence of Relief and Chargeability.)

R. v. St. Giles-in-the-Fields, 5 Q.B. 872; 13 Law J. 89, m.;
8 J.P. 692, p. 246.

R. v. Hartpury, 8 Q. B. 566; 11 J.P. 388, p. 247.

R. v. Bradford, 8 Q. B. 571, n.; 15 Law J. 117, m.; 10 J. P. 375,
p. 248.

R. v. Little Marlow, 10 Q. B. 223; 16 Law J. 70, m.; 11 J.P.
138, p. 248.

R. v. Pott Shrigley, 12 Q. B. 143; 18 Law J.88, m.; 12 J.P. 788,

p. 249.

R. v. Crondall, 10 Q.B. 812; 16 Law J.175,m.; 11 J.P. 486,
p. 249.

R. v. Bedingham, 5 Q.B. 653; 13 Law J. 75,m.; 8 J.P. 660,
p. 250.

Appeal. (Evidence of Order unappealed against.

R.v. Hartington, Middle Quarter, 4 E. & B.780; 24 Law J.98, m.;
19 J.P. 150, p. 251.

R. v. Dukinfield, 11 Q. B. 678; 17 Law J. 113, m.; 12 J.P. 2380,
p. 252,

R. v. Sow, 4 Q.B. 93; 12 Law J. 88, m.; 7 J. P. 272, p. 253,

R. v. Brighthelmstone, 7 Q. B. 549; 9 J.P. 599, p. 254.

Appeal. (Evidence of Order appealed against and confirmed.)
R. v. Evenwood and Barony, 3 Q. B. 370; 12 Law J. 101, m.;
7 J.P. 626, p. 254,

R. v. Macclesfield, 13 Q.B. 881; 19 Law J. 38, m.; 18 J. P. 635,
p. 256.

Appeal. (Hvidence of Order appealed against and quashed.)
Heston v. St. Bride, 22 Law J. 65, m.; 17 J. P. 408, p. 256,

R. v. Great Bolton, 7 Q.B. 387; 14 Law J. 142, m.; 9 J.P. 536,
p. 257.

R. v. Landkey, 9Q. B. 905; 16 LawJ.81,m.; 11 J.P. 440, p. 258.
R. v. Droitwich, 9 Q. B. 886; 11 J. P. 53, p. 259,

R. v. Wellingborough, 8 Q. B, 123; 15 Law J. 20, m.; 10 J.P. 40,
p. 260.

R. v. Leeds, 9 Q.B. 910; 17 Law J.1, m.; 12 J.P. 21, p. 260.
R. v. JJ. of Lancashire, 3 Q.B. 367; 12 Law J. 76, m.; 7 J.P.
626, p. 261.

R. v. Kingsclere, 3 Q. B. 388; 13 Law J. 22, m.; 8 J. P. 72,
p- 262.
Contents. KXV

R. v. Ackworth, 3 Q.B. 897, n.; 13 Law J. 38, m.; 8 J.P. 261,

p. 262.

R. v. St. Ann, Westminster, 9 Q. B. 878; 16 Law J. 41, m.; 11J3.P.
183, p. 263.

R. y. St. Mary, Lambeth, 7 Q. B. 587; 14 Law J. 126, m.; 9J.P.
552, p. 268.

R. v. Ellel, 7 Q. B. 593; 14 Law J. 126, m.; 9 J.P. 744, p. 264,

Appeal. (Proof of Settlement.)
R. v. Whitwick, 14 Law J. 25, m.; 8 J.P. 742, p. 265.
R. v. Ellesmere, 18 Law J. 181, m.; 13 J. P. 297, 346, p. 265.
R. v. Latchford, 6 Q. B. 567 ; 14 Law J. 20, m.; 9J.P. 132, p. 266.

Appeal. (Judgment.)
R. v. JJ. of Suffolk, 18 Q.B. 416; 21 Law J. 169, m.; 16J.P.
296, p. 267.
R. v. Glamorganshire, 19 Law J. 172, m.; 14 J. P. 383, p. 268.
R. v. JJ. of Merionethshire, 6 Q. B. 163; 8 J. P. 390, p. 269.
R. v. Stoke Bliss, 6 Q.B. 158; 18 Law J.151, m.; 8J. P. 675,
p. 269.

R. v. JJ. of W. R. Yorkshire, 5 Q.B.1; 12 Law J. 141, m.; 8 J.P.
244, p. 270.

R. v. Woodhouse et al., 15 Q. B. 1087 ; 14 J. P. 701, p. 271.
Appeal. (Special Case.)

R. v. JJ. of Buckinghamshire, 3 Q,B. 800; 12 Law J. 29, m.;
7:5. P. 97, p. 272.

R. v. Macclesfield, 3 Q. B. 822, n.; 8 J. P.373, p. 272.
APPENDIX OF STATUTES

RELATING TO THE

POOR LAW,

FROM 1842 TO THE

6&7 Vict.c. 36 -

7 & 8 Vict. c. 101, s. 12, toend

8&9 Vict.c.117 -

9 Vict. c. 10, ss. 8, 9
9&10 Vict.c.66 -

10 & 11 Viet. c. 33, ss. 1,
10 & 11 Vict. c. 58 -

10 & 11 Vict. c. 109

11 & 12 Vict.c. 31 -

11 & 12 Vict. c, 44, ss. 4,
11 & 12 Vict. c. 91 -

11 & 12 Viet. c. 110

12 Vict.c.8 - -

12 Vict. c. 13 - -

12 Vict. c. 14 - -

12 & 13 Vict.¢c. 45 -

12 & 13 Vict. c. 64 -

5

12 & 13 Vict. c. 106, s. 170

13 & 14 Vict. c. 91, 8. 9
13 & 14 Vict. c.99 -
18 & 14 Vict. ¢.101 -
14 & 15 Vict. c. 39 -
14 & 15 Vict. c. 105

15 & 16 Vict. c. 38

PRESENT TIME.

16 & 17 Vict. c. 97, ss. 94, 121, 128, 132, 184,186 -
17 & 18 Vict. c. 104, ss. 141, 145, 192, 193 - -
17 & 18 Vict. c. 125, 98. 20, 21, 26, 28,29 - - =

18 & 19 Vict. c. 34 -
18 & 19 Vict. c. 47 -
18 & 19 Vict.c.79 -
20 Vict. c.19 - -
20 & 21 Vict. c. 13

PAGE
273
275
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308
309
311
311
312
318
322
322
327
331
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343
348
348
349
349
352
357
358
364
365
368
369
371
372
372
373
376
CASES

oN

THE POOR LAW.

1. THE Poor Law Boarp.

Re St. Mary Abbott's, Kensington, 9 Q. B. 291; 16 Law J.
29, m.

Order to the Guardians of a Parish to erect a Workhouse.

Tue parish of St. Mary Abbott’s, Kensington, is under a Board
of Guardians. A majority of these guardians consented to
the Poor Law Commissioners’ order on them to purchase a
site for a workhouse, and to build the same; and the Com-
missioners made an order accordingly.

An application was now made to the Court of Queen’s Bench
for a certiorari to remove the order, for the purpose of quashing
‘it, on the ground that a majority of the guardians were not
authorized by stat. 4 & 5 W. 4, c. 76, s. 28, to consent in such a
case: that section requires the consent of guardians, when such
an order is directed to a union; but where it is directed to a
parish, the consent must be by the ratepayers and owners of
property entitled to vote in manner therein prescribed.

But the Court held that the meaning of the section was, that
where the order is directed to guardians, whether of a union or
parish, the consent of a majority of the guardians is sufficient ;
where there are no guardians, it is otherwise; and they refused
the writ. As the Commissioners appeared in this case by counsel,
for the purpose of showing cause in the first instance, although
the counsel were not heard, the Court granted them their costs.

B
2 THE POOR LAW BOARD.

R. v. Greene et al., 17 Q. B.798; 21 Law J. 187, m;
16 J. P. 188.

Order to the Guardians to appoint Collector and Assistant Overseer.

The guardians of the poor of the Gateshead Union on the
20th November, 1849, by an order of the Poor Law Com-
missioners, appointed one Usher a collector of the poor rates
and assistant overseer for the parish of Gateshead, one of the
parishes in the union; and on the 6th November the vestry of
the parish nominated one Robson assistant overseer of the parish, .
and on the 80th he was appointed by two Justices. Both acted;
and in May 1850, the auditor, in auditing the accounts,
disallowed the guardians £30 which they had paid to Usher
for a quarter’s salary, on the ground that Usher had not legally
been appointed, and allowed the overseers £60 which they had
paid to Robson for half-a-year’s salary. But upon appeal by
the guardians to the Poor Law Commissioners, under stat.
7 &8 Vict. c. 101, s. 36, the Commissioners by their order
decided that the disallowance of the charge of the guardians
was unlawful; and the auditor, at the subsequent audit, allowed
the £30 to the guardians, and disallowed the £60 to the
overseers ; whereupon the overseers had this disallowance and
allowance brought before the Court of Queen’s Bench for their
‘decision, under stat. 7 & 8 Vict. c. 101, s. 85, and moved to
quash them.

It was argued for the overseers that the appointment of
Usher by the guardians, as assistant overseer, was illegal, the
‘Commissioners having no authority to make the order for that
purpose; and that therefore the appointment of Robson by the
‘overseers was good, and the half-year’s salary properly paid.
The Court seemed to think that the 61st section of 7 & 8 Vict.
‘e. 101, did give the Commissioners such authority ; but whether
it did or not, their order to the guardians was good and in force,
until rescinded by this court. And in that case this 61st sec-
tion enacts, that wherever any such collector or assistant
overseer has been or may be appointed under any order of the
said Commissioners, and whilst the said order remains in force,
the powers of any vestry or parish officers, or of any other persons
THE POOR LAW BOARD. 3

other than the board of guardians of such parish or union, to
appoint any collector or assistant overseer shall cease. The
tule was therefore discharged.

R. v. Poor Law Commissioners, 17 Q. B. 445; 20 Lan J.
236, m; 15 J. P. 182.

To what extent the Poor Law Board may make an Order on a Vestry
under a Local Act.

The management of the poor in the united parishes of St.
Giles-in-the-Fields, and St. George, Bloomsbury, is regulated by
a local Act, which entrusted the general management to a body
of vestrymen, and they chose directors of the poor, who per-
formed executive duties under the vestrymen, subject to rules
of government which the Act empowered the vestrymen to
make; and the directors were also to exercise the powers and
duties exercised by churchwardens and overseers. The vestry-
men were to appoint a governor of the workhouse, and such
other officers as they should think fit, with salaries, and from
time to time to remove such officers, and to appoint others in
their places.

The Poor Law Commissioners, acting under stat. 4 & 5 W.4,
‘e. 76, made an order containing a number of articles, and among
other things, by Article 66, requiring that the vestrymen
should, whenever there should be a vacancy, or it should be
requisite, appoint persons to certain enumerated offices (including
that of master of the workhouse), and also such assistants and
servants as they or the directors, with the consent of the Com-
missioners, might deem necessary for the efficient performance of
the duties ;—and by Art. 67, that the officers so appointed should
respectively perform such duties as might be required of them
‘by the rules of the Poor Law Board, and such other duties
conformable to the nature of their offices, as the vestry or the
directors might lawfully require of them ;—and by Art. 88, that
the directors might, at their discretion, suspend any of the above
named officers, reporting the cause of the suspension to the
Commissioners.

Upon motion for a certiorari to remove this order into the

Court of Queen’s Bench, for the purpose of quashing it, on the
BQ
4 ‘THE POOR LAW BOARD.

ground of its being illegal and bad, as exceeding the authority
given to the Poor Law Board by statute 4&5 W. 4, c¢. 76,
ss. 15,46, and particularly Articles 66, 67 ; under the local Act
the appointment and removal of inferior officers was entrusted
to the vestrymen, and the Commissioners could not transfer that
power to the directors, whose duties under the local Act were
those of churchwardens and overseers; the Commissioners might
control the vestrymen by their rules, but they could not take
from them the powers given them by their own Act.

The Court took time to consider of their judgment; which
was afterwards delivered by Coleridge, J. His Lordship said:
We have considered this case, and are of opinion that in one
respect the order, which embraces a great number of particulars,
transcends the power of the Commissioners; and therefore that
the rule must be made absolute. These parishes were governed,
as regarded the relief of the poor, by a local Act(11G.4&1
W. 4, c. x.), until the passing of the Poor Law Amendment Act,
4&5 W.4,c.76. Very soon after the passing of the latter
Act, this court had occasion to consider whether it applied, and
to what extent, to parishes previously under the government of
local Acts; and the decision then come to will be found to
furnish the principle which must govern us in the present case.
That principle is this:—The Legislature intended to introduce
uniformity in the mode of governing and relieving the poor
throughout the kingdom; for this purpose the Commissioners
have a jurisdiction, which attaches every where, and is not
ousted by the operation of any local statute; the authorities
constituted by such Act must act for the future in subordination
to the Commissioners ; the rules made from time to time by the
latter will overrule any conflicting rules previously made by the
former; nor can the former make any binding rules for the
future, but under the sanction of the latter; the Commissioners,
however, cannot put an end to, set aside or alter the relations
inter se of the local authorities; the local authorities may be
guided and controlled, but the management of the poor cannot
be taken from them. This conclusion was arrived at by a careful
examination of the clauses of the Act, and may now be con-
THE POOR LAW BOARD. 5

sidered settled, so as to make it unnecessary to go through that
examination again. Our business is now to apply the principle
to the different particulars of the present order which are objected
to. Whatever merely regulates or controls the relief or manage-
ment of the poor, or the government of the workhouse, or merely
guides or controls vestrymen or parish officers, will be within
the powers of the Commissioners ; if any particular substantially
alters the machinery which the local Act erected for the
administration of the law, that will be beyond them. We
think that the Articles 66 and 68 in this order fall within the
latter predicament. By Art. 66 the vestrymen shall appoint to
certain offices named, and also such servants as they or the direc-
tors, with the consent of the Poor Law Board, may deem.
necessary for the due performance of the duties of any of the
said offices. And by the 88th, the directors may at their dis-
cretion suspend from the discharge of his or her duties any
master, matron, schoolmaster, schoolmistress or medical officer,
and shall in case of every such suspension forthwith report the
same to the Poor Law Board. The effect of these is, to make
the directors at least co-ordinate with, if not to place them over,
the vestrymen; it is transferring to the directors authority which
was wholly vested in the vestrymen by the local Act. This
disposes of the present rule. With regard to other articles
objected to, we are of opinion that some of them do not conflict
with the provisions of the local Act; and that some which do,
are orders and regulations either for the management of the
poor, or the government of the workhouse, or the guidance and
control of guardians, vestries or parish officers, which the Com-
missioners are authorized to make, even if by so doing they
interfere with the provisions of the previously existing laws.

R.v. Robinson, 17 Q. B. 466.15 J. P. 182.

The Court may quash part of an Order of the Poor Law Board.
After the decision of the last preceding case, the Poor Law
Commissioners by their order rescinded Articles 66 and 88 in
their former order, which were decided to be bad. But the
6 THE POOR LAW BOARD.

guardians of the poor of the united parishes of St. Giles and
St. George’s, Bloomsbury, moved to quash the whole order,
which was still before the Court by the certiorari. The Court,
however, held that they were not bound to quash the whole order,
because some part of it was bad; the order was divisible, and
the Court might quash such part of it as was bad, and retain
the rest ; and as the Commissioners had already done this, the
parochial body ought to be satisfied. The parishes then moved
to quash so much of the order as related to the 88rd article,
which ordered, “that every officer appointed to or holding any
office under this order, other than the medical officer of the
workhouse, shall continue to hold the same, until he die, or resign,
or be removed by the Poor Law Board,” inasmuch as it deprived
the vestrymen of the power of removing their officers, which
they had under their local Act. But the Court (pp. 478, 474,)
were of opinion, upon examining the different sections of stat.
4&5 W.4,c. 76, that it was the intention of the Legislature
to give the Poor Law Board exclusive power to regulate the con-
tinuance in office of those officers whom they may direct to be
appointed. The rule was, therefore, discharged (p. 480).

R. v. The Governors, §c. of the Poor of St. James,
Westminster, 17 Q. B. 474; 16 J. P. 70.

Power of the Poor Law Board to determine the Continuance in Office of a
Paid Officer.

A rule nist was obtained, on the part of the Poor Law Board,
for a mandamus to the governors and directors of the poor of
St. James, Westminster, commanding them to admit Dr. Wright
into the workhouse to perform his duties as chaplain thereof.
The management of the poor of the parish was under a local
Act, by which the governor and directors were to make rules,
orders, and regulations for the government of the poor, to be
confirmed by the vestry, and such rules, &c. were not to be
repealed or altered except by the vestry at a vestry meeting.
Rules were accordingly made, by which various officers, and
among others a chaplain, were to be annually elected at Easter
THE POOR LAW BOARD. 7

in each year, to hold office for one year. In 1843, Dr. Wright
was elected chaplain, and was afterwards annually re-elected
until 1850, but in January 1851 he received notice that he
was not to be re-elected, and at Easter the governors and
directors elected another. In the meantime, however, in July
1850, the Poor Law Board made an order, similar to that men-
tioned in the last two cases, directed to these governors, &c., by
the 83rd article of which all officers appointed by them were to
continue to hold office until they “die, or resign, or be removed.
by the Poor Law Board.” The governors, &c., however, refused
to allow him to remain; and thereupon the Poor Law Board
moved for a mandamus as above mentioned, and the governors
moved for a certiorari to remove the order in order to have it
quashed ; and both rules came on together.

On the part of the governors it was argued that this order
of the Poor Law Board had the effect of depriving them of all
power over their officers. On the other hand, it was urged on
the part of the Poor Law Board that the stat.4 &5 W. 4, c. 76,
s. 46, gave them power to direct overseers or guardians to appoint
officers, and authorizes the Board to “direct the mode of the
appointment, and determine the continuance in office or dismissal
of such officers.” The Court held, that independently of the
statute, it would appear highly inexpedient that there should
exist in two independent bodies a concurrent power to dismiss
the same officers; but referring to the different sections of stat.
4&5 W. 4, c. 76, they could not doubt that the intention of
‘the Legislature was to give the Poor Law Board exclusive power
to regulate the continuance in office of those officers whom they
may direct to be appointed. They therefore discharged the
rule for the certiorari, and made the rule for the mandamus
absolute.

The mandamus issued, was returned; there was a demurrer to
the return, which was argued. And the Court gave judgment
for the defendants, on the ground that the order of the Poor
Law Board could have reference only to officers appointed under
that order.
8 THE POOR LAW BOARD.

R. v. Guardians of the Poor of the City of Oxford,
17 Q. B. 457, n. 8 J. P. 710.

Order to the Guardians of a Union, under a Local Act, to appoint a Master
of a Workhouse.

The management of the poor of the city of Oxford is under a
local Act, which authorized the guardians of the poor or any
five or more of them to appoint officers. They appointed a
master of the workhouse for a year; and at the end of that
year appointed him for another. During the latter year the
Poor Law Commissioners made an order under stat. 4 & 5
W. 4, c. 76, s. 46, directing the guardians to appoint certain
officers (including the master of the workhouse) from time to
time, as a vacancy should occur. A few days before the ex-
piration of the year, the guardians came to a resolution (which
was not sanctioned by the Commissioners) “that the officers of
this establishment are officers during pleasure, and that no
election takes place at an annual election ;” and the master of
the workhouse accordingly remained in office without any new
election. About two months afterwards the Commissioners
again ordered them to appoint a master of the workhouse,
which was not complied with. The Commissioners then ob-
tained a rule nist for 2 mandamus, commanding the guardians
to appoint; and in showing cause against this rule, the guardians
alleged that there was no vacancy; and that their local Act
gave them authority to determine what officers were wanted,
and to appoint them as they thought proper. But the Court
held that the power of the Commissioners to direct the appoint-
ment of officers under stat. 4 & 5 W. 4, 6. 76, s. 46, extended
to “ any parish or union,” not excluding those under local Acts;
and as to the resolution, it had no validity until confirmed by
the Commissioners. They accordingly made the rule absolute.

Re Teather and the Poor Law Commissioners, 19 Law J.70, m3
15 J. P. 36.

Power of the Poor Law Board to dismiss Paid Officers.

This was an application to Erle, J. in the Bail Court for a man-
damus to the Poor Law Commissioners directing them to restore
GUARDIANS. 9

Teather to his office of relieving officer of the Godstone Union.
The Poor Law Commissioners by their order directed to the
guardians, reciting that they deemed Teather unfit for the
office of relieving officer of the union, removed him from the
office, and required the guardians to appoint another. It was
argued that they had no power to do this without giving him a
previous notice, and affording him an opportunity of refuting
any complaints that had been made against him. But Erle, J.
held that he was an officer holding durante bene placito, who
may be discharged as soon as the person who appointed him
chooses to exercise his will; the Commissioners have a discre-
tion in this matter, and may order the removal of an officer,
although no charge have been made against him, or any notice
given to him, or any opportunity afforded him of making his
defence.

2. GUARDIANS.
Re The Westbury-upon- Severn Union, 4 E. § B. 314;
18 J. P. 758.
Election of Guardians.

Where there was an election of guardians for the Westbury-
upon-Severn Union, three guardians were to be elected for
‘Westbury, a parish in the union, and there were four candidates,
Bennett, Dowding, Cadle and Mayo. The 26th March was the
last day on which the examination papers could be delivered in
to the clerk of the guardians, and that happened to be Sunday.
The papers of Bennett, Dowding and Cadle were delivered in on
the Saturday, but Mayo’s paper was delivered on the Sunday ;
and the clerk, conceiving that the delivery of it on a Sunday
was a nullity, declared Bennett, Dowding and Cadle duly elected.
Upon the complaint of Mayo, the Poor Law Board having inquired
into the matter, and into the legality of rejecting Mayo’s nomi-
nation paper, made an order declaring the election of the three
‘other candidates void, and directing them to abstain from acting
as guardians of the union during the current year. An applica-
tion was made for a certiorari to remove the order, to have it
‘quashed; but the Court held that the Poor Law Board were
right, and refused the rule.
10 GUARDIANS.

R. v. The Overseers of the Townships in the Oldham Union,
10 Q. B.700; 16 Law J.110,m; 11 J. P. 404.

Election of Guardians ; Appointment of Returning Officer.

The Poor Law Commissioners by their order directed that an
election of guardians for the Oldham Union should forthwith
take place, and ordered the overseers of the several townships
constituting the union to meet at a particular time and place, to
appoint a returning officer. The overseers not having obeyed
the order, a mandamus issued commanding them to do so, and
the overseers by their return disputed the authority of the Com-
missioners to make any such order; to which the Commissioners
pleaded, and the overseers demurred to the plea. And the ques-
tion was, whether the Commissioners had such authority. The
Court held that they had: by stat. 4 & 5 W. 4, c. 76, s. 40, they
had power to direct the manner in which votes at the election of
guardians should be returned; by section 46 they may direct the
appointment of paid officers for the purposes there specified, and
for “‘ otherwise carrying the provisions of this Act into execu-
tion”; and combining the two enactments, it appeared to the
Court that the order was justified. Lord Denman, C.J. inti-
mated an opinion that the proper mode of questioning the
legality of the order, was by certiorari. A peremptory manda-
mus was awarded.

Paine v. The Guardians of the Strand Union, 8 Q. B. 826;
15 Law J. 89, m; 10 J. P. 391.

Guardians, their Contracts.

An action was brought by the plaintiff, a surveyor, against
the guardians of the Strand union for work and labour, to which
they pleaded the general issue. At the trial it appeared that
the defendants, who are a corporate body by stat. 5 & 6 W. 4,
c. 69,8.7, and 5 & 6 Vict.c. 57, s. 16, being ordered by the Poor
Law Commissioners to make a survey and map of the parish of
St. Clement Danes, entered into an agreement under seal with
the plaintiff to do so, and he accordingly made the survey and
GUARDIANS.. 11

map; but afterwards it became desirable, at the suggestion of
the Poor Law Commissioners, that a reduced plan should be
made, and the defendants gave the plaintiff a verbal order for it.

The action was brought for making this latter plan; and the
defendants denied their liability, as the contract for the work
was not under seal. A verdict being given for the plaintiff, a
motion was made for a new trial or to enter a nonsuit. And
the Court, after argument, held that the defendants were not
liable: as a general rule, in order to make a contract binding on
a corporate body, it must be under seal; but there is an excep-
tion to this, namely, of contracts which are necessarily incident
to the purposes and objects for which the corporation was created,
such as the drawing and accepting bills to a trading company,
or the purchase of coal or machinery to a gas company; but the
Court held that this contract was not within the exception, it
having reference, not to the union generally, but toa single
parish in it, the other parishes in the union having nothing to do
with it, nor were they in any manner benefited by it. Rule
absolute.

R. v. Guardians of St. Neot’s Union, 8 Q. B.810; 15 Lan J.
89, m. 10 J. P. 261, 279.

Guardians, their Contracts.

In an action for work and labour against the defendants, for
making iron gates for the workhouse of the union, the defend-
ants denied their liability, as the contract for the work was not
under seal; the defendants gave a verbal order for them to one
of their officers, and he gave the order to the defendant. A
verdict being given for the plaintiff, the defendants moved for a
new trial. Butthe Court held the defendants liable ; it was not
competent to the defendants to object to their liability, inasmuch
as the work in question, after it was done and completed, was
adopted by them for a purpose connected with the corporation.
Rule refused.
12 GUARDIANS,

Clarke et al. v. The Guardians of the Cuckfield Union,
21 Law J. 849, qb; 16 J. P. 457.

Guardians, their Contracts.

In an action for goods sold and delivered, for some water
closets of the value of £12 15s. put up by the plaintiffs in the
workhouse of the Cuckfield Union, by the direction and with
the approbation of the defendants, they defended the action,
on the ground that the contract was not under seal. A verdict.
being given for the plaintiffs, with liberty to move to enter a
nonsuit, and a motion being made, Wightman, J. delivered the
judgment. He said the objection was, that assuming the supply
of the articles to have been such as was proper and needful for the
workhouse, and that the defendants ordered them at a meeting
of the board to be furnished by the plaintiffs, and afterwards
approved of and kept them, and that if they had not been a
corporation they would have been liable to pay for them,—
still as the guardians of the poor are a corporation, and sued in
this instance as such, they are not liable, as their contract with
the plaintiffs was not under seal. The injustice of allowing
the defendants to have the benefit of the work done without
paying for it, made it the more necessary to inquire strictly,
whether the general rule of law applied to this case, or whether
it falls within any exception which might enable the plaintiffs
to recover. No doubt the general rule of law was that a
corporation aggregate can only contract under seal; but the
rule has been much relaxed; and the result of the cases upon
the subject appears to be, that whenever a corporation is
created for particular purposes, which involve the necessity for
frequently entering into contracts for goods or works essentially
necessary for carrying the works for which the corporation is
created into execution, a demand for goods or works which
have been actually supplied to and accepted by the corporation,
and of which they have had the full benefit, may be enforced
by action of assumpsit, and the corporation will be liable,
although the contract was by parol and not by deed. Rule
discharged.
GUARDIANS, 13

Guardians of the Wycombe Union v. The Guardians of the
Eton Union, 26 Law J. 97, m; 21 J. P. 70.
Remedy by Guardians for Relief given to the Non-resident Poor of another
Union.

A special case in the Exchequer without pleadings, by order
of a judge, stated that the action was brought to recover monies
paid by the plaintiffs at the request of the defendants, in respect
of paupers resident in the plaintiffs’ union, but belonging to and
removable to parishes in the defendants’ union. The only
authority for the payments was by letters written by officers of

“the defendants’ union, between August 1847, and March 1853,
under the direction of the board of guardians, and not under
seal. By an order of the Poor Law Commissioners, 24th July,
1847, Art. 80, it is required that every account for relief duly
administered to non-resident poor, shall be discharged by the
guardians within two calendar months from the receipt of such
account, by the transmission of the amount due in one of the
modes prescribed in Art. 79. And in Art. 202, prescribing the
duties of the clerk, it was ordered that the duties of the clerk
shall be, at the first meeting of the guardians in each quarter,
to lay before the guardians or some committee appointed by
them, the non-settled poor account, and the non-resident poor
account, posted in his ledger to the end of the preceding quarter,
and to take the directions of the guardians respecting the
remittance of cheques or post office orders to the guardians of
any other union or parish, or the transmission of accounts due
from other unions or parishes, and requests for payment; and
within fourteen days from the close of each quarter to transmit
by post all accounts for relief administered in the course of the
preceding quarter to non-resident poor, to the guardians of the
unions or parishes on account of which such relief was given.
These requirements had not been complied with; on the contrary,
the plaintiffs, in July 1850, sent to the defendants an account of
payments made between Lady-day, 1845, and Lady-day, 1847;
and from Lady-day, 1850, to Lady-day, 1854, the accounts
were made out sometimes quarterly, sometimes half-yearly, but
14 GUARDIANS.

in no case were they sent to the Eton Union within fourteen
days after the expiration of the quarter or half-year, but at
periods varying from one to three months after that time.

After argument, the Court held that as to all payments made
more than six years before action brought, the Statute of Limita-
tions was a bar; and as to payments since that, the plaintiffs
could not recover, as they had not complied with the require-
ments of the Poor Law Board. The guardians of a union are a
corporation of a peculiar nature, created by Act of Parliament,
who, strictly speaking, have no property, except for the purpose
of relief, and it is their duty to administer the funds supplied by
others in the manner directed by the statutes on the subject, and
by the orders of the Poor Law Commissioners. Here the orders
of the Poor Law Commissioners upon the subject were not
‘complied with, and there was therefore no legal obligation on
the guardians of the Eton Union to repay the money expended
by the plaintiffs. In ordinary cases, an action for money paid
will not lie, unless paid at the request of the defendant, or upon
‘compulsion; which was not the case here. Judgment for the
defendants.

Smart v. The Guardians of the West Ham Union, 24 Lan J.
201; 19 J. P. 454.
A Collector of Poor Rate cannot recover the Amount of his Poundage from
the Guardians by whom he was appointed.

This was an action brought by the collector of a union for the
amount of his poundage on the money collected by him. An
order of the Poor Law Commissioners directed the guardians
of the West Ham Union to appoint a collector or collectors of
the poor rate for the several parishes of the union, to be paid by
, certain poundage; and one of the duties to be assigned to him
was, that he was to pay over the money collected to the treasurer
of the union weekly or oftener. The guardians accordingly
appointed the plaintiff, and he collected the rates from 1847 to
1850, when he resigned. He had paid the whole of the sums
collected to the treasurer; and the overseers of the several
parishes (except Wanstead) paid him their respective shares of
GUARDIANS. 15

the poundage, but Wanstead refused to pay. The plaintiff then
brought his action against the guardians, by whom he was
appointed, for the amount of poundage which ought to have
been paid by Wanstead ; and at the trial a verdict was taken
for the plaintiff, with liberty to the defendants to move to enter
@ nonsuit.

After argument, the Court held that the action would not lie.
The Act of Parliament under which the appointment was ordered,
did not create any debt which the guardians were bound to pay ;
it does not say that the poundage is to be paid by the guardians ;
and therefore the present action cannot be maintained, there being
no contract under seal. Rule absolute.

R. v. Griffiths, 17 Q. B. 164, 15 J- P. 450.
Election of Clerk to the Guardians.

This was an application for a guo warranto information against
Charles R. Griffiths, for exercising the office of clerk to the
guardians of the parish of St. Martin’s-in-the-Fields. The
Poor Law Commissioners by their order required the guardians
to appoint a clerk; Griffiths and three others were candidates 5
Griffiths had 11 votes, another candidate 10, and there were no
votes for the other two; Griffiths was accordingly appointed.
And the object of this application was to try the validity of that
appointment. There were 22 guardians present when it was
made; but the chairman informed them that he intended not to
vote for any of the candidates, but merely to preside at the
meeting as chairman; and he did so, and took the votes. By
an order of the Poor Law Commissioners, 8th December, 1847,
Art. 88, every question at any meeting consisting of three or
more guardians, shall be determined by a majority of the votes
of the guardians present and voting, and if there be an equal
number the question shall be deemed to be lost. And by Art.
155, every officer to be appointed under this order, shall be
appointed by a majority of the guardians present at a meeting
of more than three guardians, or by three if no more be present.
The Court held the election to be bad; the chairman was a
guardian present, within the meaning of the 155th article, and
16 OVERSEERS.

therefore eleven guardians by whom Griffiths was appointed
were not a majority. ;

A previous motion had been made for a mandamus, calling on
the guardians to elect a clerk. But the Court held that a
mandamus would not lie, as the office was full; the proper
remedy was by quo warranto. R.v. Guardians of St. Martin’s
in-the- Fields, 17 Q. B. 149; 15 J. P. 371.

3. OVERSEERS.

R. v. Harrison et al., 9 Q. B. 794; 16 Law J. 33, m;
10 J. P. 771.

Overseers not bound to allow Inspection of their Appointment.

Harrison and three others had been appointed overseers of
the poor of the township of Kirkby Lonsdale, and one of the
ratepayers, wishing to impeach the appointment of one of them,
applied to them to allow him to inspect their appointment ;
which was refused. Upon an application for a mandamus
commanding them to grant the inspection, and cause shown,
the Court discharged the rule with costs, saying that it was a
very unreasonable application, and no authority could be shown
tor it.
Doe dem. Bonley et al. v. Barnes, 8 Q. B. 1087 ; 10 J. P. 309.

Evidence in Ejectment by Overseers.

Bowley and three others, as churchwardens and overseers of
the poor of the parish of Nether Broughton, brought an ejectment,
under stat. 59 Geo. 3, c. 12, 8.17, for a messuage, &c. in that
parish. Evidence was given that the house was holden of the
parish, and parol evidence was given that the lessors of the
plaintiff, were the churchwardens and overseers. It was objected
that their appointment should be produced and proved; but a
~verdict was taken for the plaintiff, with leave to the defendant
to move to enter a nonsuit. A motion was made accordingly ;
but the Court held that evidence that the lessors of the plaintiff
acted as churchwardens and overseers, was quite sufficient,
without producing their appointment.
OVERSEERS. ° 17

Doe dem. Lansdell et al. v. Gower, 17 Q. B. 589; 15 J. P. 816.

Parish’ House, Statute of Limitations.

In 1823 the churchwardens and overseers of Pembury, by
agreement, signed by an overseer and an assistant, let to
Joseph Boghurst a cottage at the weekly rent of 1s. 6d., he
agreeing to give up possession at any time on receiving a month’s
notice. He occupied the cottage for twenty-one years, without
paying or being asked for rent, but on the contrary he was on
several occasions relieved by the parish as a pauper. In 1844
he was served with a notice to quit, signed by one overseer and
an assistant overseer only, but he refused to do so, alleging that
the property was his own; and he continued still to occupy until
1850, when he sold the cottage to the defendant. During the
latter part of his occupation, Boghurst was rated to the poor for
the cottage. An ejectment being brought by the parish officers
against the defendant, a verdict was given for the plaintiff, with
liberty to the defendant to move to enter a nonsuit. Upon that
motion it was contended for the defendant that-the action was
barred by the Statute of Limitations, 3 & 4 W. 4,c. 27; the
tenancy was either at will, when by section 7 the twenty years
would begin to run at the end of the first year; or it was a
tenancy from month to month or from year to year, without’
“lease in writing,” when by section 8 the twenty years would
begin to run at the end of the first month or the first year.
And even if the agreement in this case could be deemed a lease ;
in writing, it was void, not being executed by both churchwardens
and overseers, as required by stat. 59 Geo. 3, c. 12, ss. 13, 17.
The notice to quit was also bad, as not being signed in the same
manner. After argument, the Court, without deciding whether
the mstrument under which Boghurst held was a lease or not,
held that if it were not a lease, the Statute of Limitations had
run, and the plaintiff could not recover; and if it were a lease,
it was not valid under stat. 59 Geo. 8, c. 12; 8.18, for -it should
have been signed by the churchwardens and overseers; or if signed.
by one overseer only as in this case, it ought to appear on the
face of the instrument, or at least in evidence, that he was

Cc i
18 OVERSEERS.

authorized to let the cottage and sign the lease by the church-
wardens and overseers. Rule absolute.

Doe dem. Edney et al.v. Benham,? Q. B.976.; 8 J. P. 741;
10 J. P. 88, 39.
Parish House, Statute of Limitations.

The churchwardens and overseers of the parish of Whit-
church let a tenement to James Billett, to be holden by him by
the service of cleaning the parish church; no money rent was,
reserved. He held this for many years, down to his death in
1837, duly performing the service of cleaning the church, or
of hiring others who did it. His wife, and the defendant, who
married her grand daughter, occupied it afterwards, and per-
formed the service down to the year 1841. In an action of
ejectment brought by the parish officers to recover the premises,
a verdict was given, subject to the opinion of the Court on the
following point. The Statute of Limitations, 3 & 4 W. 4,
c. 27, s. 8, enacts, that where a person shall hold from year to
year or other period, without lease in writing, the right of a
party entitled subject thereto to make an entry shall be deemed
to have first accrued at the determination of the first of such
years or other periods, or at the last time when any rent
payable in respect of such tenancy shall have been received,
which shall last happen. And the question was, whether the
service of sweeping the church, was a “rent” within the
meaning of the above section; for if it were, the twenty years’
limitation had not run, when the action was commenced. The
Court, on the authority of Co. Lit. 96, a,b, held clearly that it
was, and that a distress would lie for it. Rule discharged.

In another case, by the same parties against John Billett,
where the house was holden by the service of ringing the
church bell, the Court came to the same determination. Doe
dem. Edney et al. v. Billett, 7 Q. B. 976, 983.

Afolland et al. v. Lea et al., 28 Law J. 122, m.; 9 Hac. Rep.
480; 18 J. P. 201.
Sureties for an Assistant Overseer, their Liability.
On the 24th March, 1845, at a vestry for the parish of
Whitington, Lea was nominated and appointed an assistant
OVERSEERS. 19

overseer, and certain duties assigned to him; but no salary was
named, it being understood that the salary was to be 271. a year.
And on the 9th of May, hé and two sureties (the defendants)
executed the usual bond, conditioned for duly and faithfully
collecting and paying over all rates received by him, and
performing the other duties of his office.

Afterwards on the 19th March, 1846, the vestry resolved that
the salary should be raised from 271. to 35/.; and two justices,
on the 25th June, 1846, by their appointment, reciting that the
vestry on the 19th March, 1846, had nominated and elected Lea
to be assistant overseer, at a certain salary, and to perform
certain duties, appointed Lea to be assistant overseer of Whit-
ington. Lea afterwards, in 1854, became a defaulter, and the
plaintiffs, as churchwardens and overseers, brought this action
on the bond against Lea and his sureties; to which the sureties
pleaded that Lea was not duly appointed. At the trial, a
verdict was taken for the plaintiffs, with leave to the sureties to
move to enter the verdict for them.

After argument, three judges (Pollock, C. B., Alderson and
Park, (Martin, J. dis.) held that the sureties were not liable:
in 1845 the vestry appointed the duties Lea was to perform, and
fixed his salary, and the bond was then given for the due
performance of the duties of the overseer thus constituted ;
after this the vestry chose to alter the salary, and thereby
created a new office, to which alone the justices’ appointment
relates. The bond therefore was not given for the due discharge
of the duties of this latter office (in the course of which the
defalcations occurred), but of the former office only.

Bamford et al. v. Iles et al.. 18 Law J. 49,m.; 3 Hae. Rep.
880; 13 J. P. 652.
Sureties for an Assistant Overseer, their Liability.

By aresolution of the vestry of the parish of Minchinhampton
in June 1840, Iles was nominated and elected assistant overseer
for one year, to make and collect the rate, and to do the duties of
overseer, for which he was to have 8d. in the pound for all sums
under 81., and 4d. in the pound for all sums above it, to be collected
by him ; and on the 9th July, 1840, two justices appointed him,

c2
20 AUDIT OF ACCOUNTS.

‘On the same 9th July, two sureties (defendants) joined him in a
bond to the churchwardens and overseers, conditioned that Iles,
‘so long as he should continue in such office of assistant overseer,
' should duly perform the duties of the said office, and pay over
to the overseers all sums of money that might be due from him.
In March 1841, he was again nominated and elected to the same
office, but with a salary of £50, “the same securities continuing
liable for the due discharge of the duties of his office in accord-
ance with the bond already entered into by them;” and the
justices appointed him to this office. In the same manner
annually down to March 1846, he was nominated and appointed
to the same office, and then he ceased to hold it. ‘There was no
defalcation up to September 1848; but when he ceased to hold
office in 1846, the sum of 309/. remained in his hands, of which
he paid £110, leaving due to the churchwardens and overseers
£199 5s. 6d., which they demanded of the sureties; and
they not paying, the present action was brought, and a case,
by a Judge’s order, stated for the opinion of the Court of
Exchequer. .

It was argued for the plaintiffs that the sureties were liable;
tor by the condition of their bond they were to remain liable
so long as the assistant overseer continued to act in his office.
But the Court held that by the change of salary in 1841 a new
office was created, after which the sureties were no longer liable.

4, Aupit of Accounts.
R.v. The Governor, Sc. of the Poor of the City of Bristol,.
18 Law J. 182, m.; 14 J. P. 358.
City of Bristol included with other Unions, &c. in an Audit District.
The management of the poor of the City of Bristol (which
contains many parishes) is regulated by three local Acts, and a
governor, deputy governor, assistants and guardians are incor-
porated for the purpose, who are empowered to levy in one rate
the sums necessary for the poor, for the borough rate, for pay-
ment of a certain annual sum to the Bristol Dock Company, and
for other purposes, the rate to specify in separate columns thé
sums each ratepayer was charged for each of these purposes. By
an order of the Poor Law Commissioners, under stat.7 & 8 Vict:-
AUDIT OF ACCOUNTS. 21.

c. 101, s. 82, this corporation was included with other unions in
a district for auditing, and an auditor was appointed. At the
first audit, notice of which was given to the corporation,
and they were required to attend with the half-year’s accounts,
they refused to attend; and the auditor thereupon applied
for and obtained a mandamus requiring them to render their
accounts, and to their return thereto there was a demurrer and
joinder.

Two questions were raised: First, whether the Poor Law
Coramissioners had power to include Bristol in a district for
auditing, under stat. 7 & 8 Vict. c. 101, 8. 32; and the Court:
held that they had. That section authorizes the Commissioners to.
unite unions and parishes into such districts; and the stat. 4&5
W. 4, c.76, s. 109 (which is incorporated into stat. 7 & 8 Vict.
c. 101), provides that the word “ parish” shall include every
city maintaining its own poor, and the word “union” any
number of parishes incorporated for the maintenance of the poor
by any local Act.

Secondly, whether the power was duly exercised, it being
objected that the order of the Commissioners made the city part
of a district for auditing, not only their accounts relating to the
poor, but those relating to the other subjects above mentioned.
But the Court held that the order showed plainly that they were
combined with the other unions only in respect to the relief and
maintenance of the poor, and the audit must be limited to that.
The Court also intimated that the proper mode of disputing the
order of the Commissioners was by certiorari.

A writ of error was brought upon this judgment, but it was
affirmed. 18 Q. B. 414; 19 Law J. 116, m.

R. v. The Governors and Directors of the Poor of St. Andren,
Holborn-above- Bars, and St. George the Martyr, 6 Q. B.
78; 87. P. 391. ,

A Parish in an Audit District bound to account to the Auditor, although by
a Local Act they are bound to account, and have accounted to Auditors
appointed under the Act.

. By a local Act, 6 G. 4, that part of the parish of St. Andrew,
Holborn-above-Bars, and the parish of St. George the Martyr,
were formed into a district under governors and directors, for
22 AUDIT OF ACCOUNTS.

the management of the poor. In March 1836, however, the
Poor Law Commissioners, by their order, formed that district,
together with the liberty of Saffron Hill, Hatton Garden, Ely
Rents and Ely Place, into a poor law union, named the Holborn
Union; and by another order in July, 1836, they formed this
Holborn Union, the Brentford Union, the Staines Union, and
the Uxbridge Union, into a district for the auditing of the
accounts of the different unions, &c., and an auditor was
appointed. But by the above local Act, auditors were also
appointed for the district of Holborn-above-Bars and St. George’s,
to whom the governors and directors of that district accounted ;
but they refused to account to the auditor for the above district,
except merely by furnishing an account of the sums paid by
them to the guardians of the Holborn Union for the relief of
the poor. A rate which they had made produced £6246, out of
which they paid the guardians £3680, reserving the remainder
for the payment of the police rate, the county rate, &., and
reserving a large sum for law expenses, of which they refused to
render any account to the auditor of the district. Upon a
mandamus issuing requiring them to account, and a return
thereto, and a special case stated for the opinion of the Court,
the Court held:—1. That the governors and directors, besides
accounting to their own auditors, were also bound to account to
the auditor appointed under the order of the Poor Law Commis-
sioners; and—2. That they were bound to account to him for
the whole sum received by them under the poor rate, not only
for the sums applied for the relief of the poor, but also for the
sums reserved for police rate, county rate, law expenses, &c.

R. v. The Great Western Railway Company (in the matter of
the Burnham Rates), 13 Q. B. 327; 18 Law J. 145, m.;
13 J. P. 198.

An Attorney may be Auditor of a District, and may Audit the Payments
made to him for his Bills of Costs.

A solicitor was appointed auditor of a district, in which the
parish of Burnham was comprised. He and his partner were
the solicitors for Burnham, the auditor not interfering in the
parish business, the whole being transacted by the partner, but
AUDIT OF ACCOUNTS. 23

both shared the profits arising from it. Part of the accounts to
be audited comprised the solicitors’ bill for business to be done;
and the auditor being unwilling to audit that part of the accounts
which comprised his bill, applied to the Poor Law Commissioners
for leave to get the auditor of an adjoining district to audit it; but
the Commissioners answered that he could not delegate his
duties to another, although he might get another person to assist
him; the greater part of the accounts, therefore, were audited
by another person, as assistant to the auditor, and the remainder
by the auditor himself.

Part of the accounts comprised the costs of two appeals. The
Great Western Railway Company, (part of whose railway ran
through the parish of Burnham, and they were rated for it,)
were the appellants, and they appealed on the ground that the
declaration required by stat. 6 & 7 W. 4, c. 96, to be at the foot
of the rates was omitted. The overseers wished to abandon the
rates, but they were advised that they could not do so, but
instead of it they got a ratepayer to bring a friendly appeal, and
the rates were quashed, and the sessions ordered new rates to be
made instead of them, which was done accordingly.

The orders of sessions in these two appeals were removed by
certiorari at the instance of the Great Western Railway Com-
pany, who moved to quash them, against which the overseers
showed cause; and on the other hand the overseers, by the
advice of counsel, obtained a rule to quash part of the certiorari.
The latter was, however, discharged with costs, and the rule
to quash the order of sessions made absolute. The costs in
both cases being allowed by the auditor, the Great Western
Railway Company applied for and obtained a certiorari to bring
up the accounts audited, with the allowances and disallowances
of the auditor, and his reasons for them.

It was objected that the auditor, so far as referred to the bills
of himself and partner, was an interested party, and therefore,
his audit void. And secondly, the overseers got two friendly
appeals to be made by a ratepayer, carried them on at the
expense of the parish, and charged the parish with the expense of
them. As to the first objection, the Court held that the attorney,
having been duly appointed auditor, and having accepted the
24 AUDIT OF ACCOUNTS.

office, could not decline any of its duties; his election by those
who knew his interest, proved their confidence in his integrity.
Besides, there was no objection made to the amount of his bill.
The Court, however, said that they did not express any approba-
tion of such an appointment, though it was said to be commonly
made; on the contrary, they thought the parish solicitor would
do well to decline the office. As to the other objection, the Court
held, that although want of success in legal proceedings, was not
a sufficient reason for disallowing the costs of them, yet in this
case the expenditure was incurred for improper purposes: the
overseers ought not to have defended the appeals: the friendly
appeals ought not to have been brought; and the motion to
quash part of the certiorari ought not to have been made; and
the advice of counsel, or the sanction of the vestry, could not alter
the nature of the thing done. The Court accordingly disallowed
these costs; but as the overseers acted without an ill intention,
and the proceedings of the company had been harassing, the
Court refused the latter their costs of the rule. They also
refused the auditor his costs of the proceeding.

R. v. Street and others, 18 Q. B. 682; 22 Law J. 29, m.;
16 J. P. 359.

It is not necessary for Overseers to have the previous sanction of the Vestry
to their defending an Appeal against a Rate.
The auditor of a district, in auditing the accounts of the

overseers of a parish in the district, disallowed the sum of £78,
the cost of an appeal which they had to pay. This being
removed by certiorari, it appeared that a dispute existed be-
tween the parish and a railway company as to the sum at which
the company ought to be rated. At a vestry of the parish it
was resolved to rate them at the sum of £2708. Afterwards, at
another vestry meeting, it was resolved to reduce this amount to
£2000, and if- the company would not assent to that, the over-
seers were directed to take such proceedings as were necessary
to enforce it. The overseers, however, went out of office, but
the succeeding overseers rated the company at the latter amount,
against which the company appealed ; and the overseers, without
summoning a vestry to ascertain whether the appeal should be
litigated, defended the appeal. The result was that the rate
AUDIT OF ACCOUNTS. 25

was reduced to £300, subject to a case for the opinion of the
Court of Queen’s Bench. The case, however, was not proceeded
with, the parties compromising the matter by agreeing that the
rate should stand at 4507. In contesting this rate the overseers
expended £73 as above mentioned, and the auditor disallowed
this sum on two grounds: first, that the overseers, before incur-
ting these expenses, ought to have summoned a vestry, to have
their sanction to their doing so; and secondly, that they ought
to have summoned a vestry to have their opinion as to the
advisability of proceeding with the special case. But the Court
held that this sum ought to have been allowed to the overseers :
it was not necessary for them to obtain the previous sanction of
the vestry to their defending the appeal ; there is no law to that
effect: and the overseers having entered into a compromise, by
which they gained avery considerable augmentation of the rate
for their parish, instead of proceeding with the special case, was
no wanton abandonment of the rate.

R. v. Hunt, 6 #. § B. 408.; 8S. C. nom. BR. v. Napton,
25 Law J. 296 gb.; 20 J. P. 581.

The Auditor’s disallowance of the Payment of an Attorney’s Bill, not
previously taxed, is final.

Among the items in overseers’ accounts, presented for audit,
was a payment of £26 18s. 9d., the amount of an attorney’s bill ;
the bill had not been taxed, and the auditor disallowed it. On
application for a certiorari to remove the disallowance into the
Court of Queen’s Bench, the Court held that it did not lie; the
stat. 7 & 8 Vict. c. 101, s. 39, which gives the clerk of the peace
authority to tax such a bill, on the application either of the parish
officers or the attorney, adds that “if any such bill be not taxed
before it is presented to the auditor, the auditor’s decision on the
reasonableness as well as the legality of the charges shall be final.”

R. v. Read et al., 18 Q. B. 524; 18 Law J. 145, m.;
12 J. P. 771.

Payment of an Attorney’s Bill by Overseers, to be allowed by Auditor, in
what Cases.

In August 1846 the overseers of Cheltenham paid the taxed
bills of their attorney, amounting to £422 9s. 2d., and charged
it in their accounts. The sum of £262 8s. 3d. of this amount
26 AUDIT OF ACCOUNTS.

was incurred in 1844-5; and the auditor disallowed it, on the
ground that it would be in effect charging the ratepayers of
1846 with expenses which ought to have been paid by the rate-
payers of 1844. But it appeared that in March 1845, when the
overseers of that year went out of office, only £49 had been
incurred, and the overseers handed over to their successors
£457 9s. 9d., and rates uncollected amounting to £5728 2s. ;
and after that in 1845, bills for business done amounted to
£233 9s. Qd., and the overseers, on going out of office in March
1846, handed over to their successors ratesuncollected amounting
to £3376 9s. 9d.; the overseers, however, in fact, paid the bills
out of a rate made in July 1846. A rule nisi being obtained to
quash this disallowance, the Court, after argument, held, that as
to the £49 the auditor was right; but as to the £213 9s. 2d.
the overseers of the year in March 1846 handed over to their
successors £3876 9s. 9d., of rates uncollected, out of which the
successors ought to have paid this debt. And although it was
in fact paid out of the July rate, the ratepayers were not damni-
fied. Appeal allowed as to the £213.

R. v. Tyrwhitt et al. 2 EB. & B.77; 17 J. P. 678.

District Auditor may disallow Items in the Accounts of a Parish in his
District, though warranted by a Local Act.

In 1825, by a local Act (6 Geo. 4,c. clxxv.), the part of the
parish of St. Andrew, Holborn, above Bars, and the parish of
St. George the Martyr, Middlesex, were united for the main-
tenance of their poor, and for lighting and watching: governors
and directors were to be elected, who were to elect auditors, to
ascertain the amount necessary to be assessed, to make rules
for the application of the monies raised, and they were
empowered to appoint a clerk, and to pay him and to make
him such allowance as they should think proper; and the inha-
bitants were to elect auditors, which was done. In 1886 the
Poor Law Commissioners, by their order, united this district,
with other unions, into a district for auditing, and an auditor
was appointed. In 1849 the governor and directors allowed
and paid their clerk £82 16s. 11d., of which the district auditor
in the following January disallowed £63 16s. 1d., and sur-
charged three of the governors and directors with the amount.
POOR RATE.—OCCUPIER. 27

These three having refused to pay it, an application was made
to the defendant, one of the Metropolitan police magistrates,
for a distress warrant; but he, after hearing the facts, refused
to grant it. An application was then made to the Court of
Queen’s Bench for a rule upon the Magistrate to show cause
why he should not issue the distress warrant, and a rule nisi
obtained; in showing cause against which, it was contended
that as the local Act provided for the appointment of auditors
for the parishes of St. Andrew and St. George, distinct from
those appointed by order of the Poor Law Board, and authorized
the governors and directors to pay their clerk such sum as in
their discretion they thought proper, the district auditor had no
authority to disallow any part of the sum paid. But the Court
held that he had; it was already decided in R. v. St. Andrew
(6 Q. B. 78), that these parishes were bound to submit their ac-
counts to the union auditor; and by stat. 7 & 8 Vict. c. 101, s. 32,
every auditor has full power to disallow items in the accounts
of all parishes and unions within his district. Rule absolute.
R. v. Tyrwhitt, 15 Q. B. 249; 19 Law J. 249, m.;
14 J. P. 319, 335, 482.

Certain disbursements in the accounts of the overseers of a
Metropolitan parish were disallowed by the district auditor; and
more than six months afterwards, but before the expiration of
nine months, the auditor lodged an information before the de-
fendant, a Metropolitan police magistrate, against the overseers :
the defendant refused to entertain it, because by stat. 11 & 12
Vict. c. 48, s. 11, an information must be laid within six calendar
months from the time when the matter thereof arose. Upon an
application to the Court of Queen’s Bench for a rule upon the
magistrate to show cause why he should hear not and determine
the information, the Court, after argument, held, that the
magistrate had authority: it is true that the stat. 11 & 12 Vict.
c. 43, limits the time to six months; but by a subsequent
statute, 12 & 13 Vict. c. 108, s. 9, reciting that section, it is
declared and enacted that it shall not be deemed to apply to
any proceeding by an auditor, but that he shall not commence
any such proceeding after the lapse of nine calendar months
from the disallowance or surcharge. Rule absolute.
28 POOR RATE.—OCCUPIER.

PART II.
POOR RATE.
1. Poor Rats. (Occupier).

R. v. Vange,3 Q. B. 242; 11 Law J. 117, m; 6 J. P. 668.

A Person bound by Statute to pay the Expense of Works for fencing Land so
as to prevent it from being Inundated, and which was the only Rent he
paid for it, is not entitled to have those Expenses deducted, in rating
him to the Poor Rate.

Wn. Hilton was rated to the poor of the parish of Vange, in
Essex, as occupier of lands in Canvey Island, at a gross value
of £143, and a rateable value of £128; and he appealed. On
a case stated, it appeared that in 1621 the owners of certain
lands in Canvey Island, which were liable to be overflowed
every spring tide by the river Thames, contracted with one
Crossenburgh, that in consideration of his inclosing and fencing
the lands so as to prevent their being overflowed, he should
have and enjoy a third part of the lands in fee, and therein
called “Third Acre.” He did so; and in 1622, the conveyance
by consent was made a decree in the Court of Chancery, sub-
ject to the conditions therein mentioned. But by stat. 82 G. 3.
c. 81, Commissioners were appointed, to maintain and keep in
repair the walls and fences, &c., by which the island was pro-
tected from inundation; and they were authorized to make a
rate on the owners or occupiers of these lands called “Third
Acre” to the full annual rent or value of them, if necessary for
the purpose; and if that were not sufficient, to tax the other
lands by an annual pound rate. Hilton obtained a conveyance
of the farm, for which however he paid nothing, but subject to
the liabilities imposed on it by the decree and statute above
mentioned ; in fact, they were taxed up to the full annual value
by the Commissioners, who found it necessary to levy a pound
rate on the other lands besides. In rating Hilton for these
“Third Acre” lands, no deduction was made for the sums he paid
to the Commissioners, and he therefore appealed; and upon a
case being granted, the above facts were stated.

For the appellant it was argued that he should have been
rated at a sum a tenant would be willing to give for the lands,
he paying all charges and outgoings, and this rate or tax among
POOR RATE.—RECTOR, VICAR. 29

the rest. To which it was answered, that the rate upon the
appellant was not an expenditure for the purpose of keeping the
land in a state to command a certain rent, within the Parochial
Assessment Act, 6 & 7 W. 4, c. 96, s. 1, but a sum which he is
bound to contribute by the decree and statute above mentioned
towards the maintenance of certain public works.

The Court held that the sum paid by Hilton, which was the
full annual value of the land, was guast a rent which he paid
for it. When the fee was conveyed to him, he paid nothing for
it, but he was bound to pay this rate instead of it; he is there-
fore in the same situation as if he paid this as a rent, and is
consequently rateable to the poor upon it. Supposing a person
purchase lands, and mortgage them to raise the sum he is to
pay for them, in that.case he would have to pay the interest,
which would be in the nature of a rent; yet it cannot be said
that he would not be rateable to the poor for the land.

_2. Poor Rate. (Rector, Vicar).
R.v. Shaw, 12 Q. B. 419; 17 Law J. 187, m.; 12 J. P. 448.

An annual Sum, without deduction for Outgoings, given to a Rector in lieu
of Tithe, not rateable.

By a private Inclosure Act for the inclosure of certain corn-
mon fields in the parish of Narborough in the county of
Leicester, a certain allotment was to be set out for the rector of
the parish in lieu of his glebe lands lying in the said common
fields, and also £90 a year was vested in him, to be issuing and
payable out of the said common fields, as well the parts
allotted to him, as the lands of the other freeholders, to be paid
“free and clear of and from all deductions, defalcations or
abatements for or in respect of reprises or outgoings whatsoever
(other than and except such proportion of the tax charged upon
land by authority of Parliament, as the said annual rent of £90
shall bear to the yearly value of the lands hereby charged with
or made liable to the payment of the same rent as aforesaid).”
This rent was in lieu of tithes issuing out of the lands to be
inclosed, and also out of the homesteads and gardens of the parish
generally ; but the right of the rector to the other tithes of the
parish was expressly reserved; and he continued to receive
them; and was always rated to the poor for. them. On an
30 POOR RATE.—RECTOR, VICAR.

appeal against a poor rate of the parish by one of the rate-payers,
the rate was amended by assessing the rector for this annual
sum in the same proportion as he was rated for his tithe,—sub-
ject to a case.

After argument, the Court held that the overseers were right
in not rating the rector for this rent, and that the amendment
of the sessions was wrong. There could be no doubt that it was
intended the rector should receive the annual payment of £90
clear of all deductions, either at the time of payment or after-
wards, except the land tax. The precise meaning of the word
“ outgoing” may be open to doubt; but it is certainly a large
word, and may fairly comprehend rates and taxes.

Goodchild v. The Trustees of the Poor of St. John’s, Hackney,
22 J. P. 144.
Tithe Commutation Rent-charge, how rated.

The rector of the parish of St. John’s, Hackney, was rated to
the poor for his glebe-house, glebe, and tithe commutation rent-
charge, and he appealed against the rate. Upon a special case,
by consent, stated for the opinion of the Court of Queen’s
Bench, it appeared that as to the glebe-house and gpiebe, the
rate was not disputed; but as to the rent-charge, the question
was, what deduction should be made from the gross amount to
reduce it to its rateable value. The parish of St. John’s con-
tains 14,304 souls, and a district in it, in which a district church
has been built and a minister appointed for it, contains 5549
souls; Mr. Goodchild, the rector, and the appellant in this case,
keeps a curate, to whom he pays £160 a year, and he also pays

_ £50 towards the support of the minister for the district church.
He pays land tax and property tax in respect of this rent-charge;
also the poor rate; and he pays the general rate, lighting rate,
and sewers rate, under the Metropolis Local Management Act ;
he also pays ecclesiastical dues and tenths. As the decision in
this case would probably be very general in its application, the
Court thought it best to state the general principles upon which
incumbents were to be rated in respect of their tithe rent-
charges, and to express an opinion upon each item of deduction
claimed. That the rent-charge.gyas rateable property within
POOR RATE.—RECTOR, VICAR. 3t

stat. 43 Eliz. c. 2, could not be doubted; and it must be rated
according to the Parochial Assessment Act,6 & 7 W. 4, c. 96,
as nearly as that Act can be made applicable, by analogy, to
incorporeal property. ‘The following were the appellant’s claims
for deduction, and the Court’s decision upon them.

1. He claimed. deduction for the expenses of collecting the
rent-charge, the law expenses likely to be incurred in enforcing
payment, and the probable losses by non-payment, all which
were calculated from the average of former years. These the
Court held that he had a right to deduct.

2. He claimed to deduct the amount of the salary he paid his
curate. The Court held that where the clergyman is non-
resident, or being resident does not perform his own duty per-
sonally, because of sickness or other infirmity, or other less
creditable reason, such a deduction ought not to be allowed.
But they thought that where the population is large, as in this
case, the reasonable stipend of the curate ought to be deducted.

3. He claimed to deduct the £50 he paid towards the sup-
port of the minister of the district church. The Court held
that if Mr. Goodchild voluntarily contributed this sum, he
might at any time withdraw it; and however laudable the
contribution might be, he could no more claim an allowance in
respect of it, than he could for any portion of his income which
he devoted to charitable purposes. But where the district has
been set apart, and the church or chapel built under one of the
Church Extension Acts, and a certain part of the parish clergy-
man’s rent-charge virtually separated from the residue as part
of the endowment, in such a case the £50 here paid would not
be Mr. Goodchild’s, and he ought not to be rated for it.

4, He claimed to deduct the following taxes and rates paid
by him in respect of this rent-charge: the land tax and the
income tax; the poor rate; and the general rate, lighting rate
and sewers rate, under the Metropolis Local Management Act.
The Court held that he was not entitled to deduct the land tax,
that being virtually a landlord’s tax; but he was entitled to
deduct the tenant’s property tax, also the general rate and the
lighting rate under the Metropolis Local Management Act, but
not the sewers rate, because the rent-charge is not liable to it.
32 POOR RATE.—RECTOR, VICAR.

5. He claimed to deduct ecclesiastical dues, £2, and tenths,
£2 12s. 6d., paid in respect of this rent-charge; and the Court
held that he was entitled to do so.

6. He claimed a deduction of £100 for his own personal
services. But the Court held that he was not entitled to it: an
incumbent cannot measure his personal services, or the fruits of
them in the spiritual improvement of his parishioners, by any
money standard ; they are not a charge on the tithes, but on his
conscience, and in a matter of rate are simply out of the question.

The counsel for the appellant observed that the judgment did
not in express terms decide another claim for deduction in
respect of the estimated profit, if the rent-charge were farmed by
a yearly tenant. But the Court said that they made no allow-
ance for that.

Rate to be amended accordingly.

Hawkins v. The Overseers of Lamberhurst, 22 J. P. 148.
Tithe Commutation Rent-charge, how rated.

The vicar of Lamberhurst being rated for his tithe commu-
tation rent-charge at a rateable value of £460 (the pross
amount being £625), appealed against the rate, on the ground
that in calculating the rateable value no deduction had been
made for land tax and property tax payable by him in respect
of the rent-charge. Also, that in 1848 the vicarage house had
become so dilapidated that he was obliged to rebuild it, for
which purpose he borrowed from the Governor of Queen Ann’s
Bounty, under stat. 17 G. 8, c. 58, and 1 & 2 Vict. c. 28, the
sum of £1200, for which he had to pay them yearly £25 4s.
for interest, and £40 as an instalment of the principal, neither
of which sums were allowed him in computing the rateable
value of his rent-charge.

After argument, the Court held that as to the deduction
of the land tax and income tax, the point had already been
decided by the last preceeding case. And as to the sums pay-
able to the Governor of Queen Ann’s Bounty, they could not be
deemed “ probable average annual expenses,” which are to
be deducted by the Parochial Assessment Act, and ought not to
be deducted in calculating the rateable value.
POOR- RATE.—LANDLORD. 33

3. Poor Rate. (Landlord.)

R. v. St. Giles-in-the- Fields, 7 E. §& B. 205; 26 Law J. 55, m;
21 J. P. 564.

Effect of Occupier claiming to be Rated for Tenement under the Reform Act.

In the parish of St. Giles-in-the-Fields, by a local Act, the

landlords of all tenements under the rent of £80, are to be as-
sessed to the poor rate. An occupier of such a tenement, however,
claimed under the Reform Act to be rated, and accordingly his
name as well as that of his landlord were inserted in the rate,
under the column “ Persons rated;” and the tenant paid the
rate. This was before stat. 19 & 20 Vict. c. 112, s. 4, which
enables oecupiers to claim to be rated, but by sect. 6, such
occupier is “not to-be deemed to be a ratepayer, so as to gain
a settlement, where he could not have gained a settlement if
the Act had not passed.”
‘ In an appeal against an order of removal, a question arose
whether the tenant in this case gained a settlement by being:
rated and paying the rates for his tenement, under stat. 6 G. 4,
c. 57: he could not gain a settlement by renting the tenement
under 1 W. 4, c. 18, s. 1, as he had underlet a part of the
tenement; but he could, under 6 G. 4, c. 52, by being rated for
and paying rates, if under the circumstances he were rated, within
the meaning of that statute. The Court held that he was
rated: by the local Act the overseers were bound to put the
landlord on the rate; and the Reform Act, 2 W. 4, c. 46,
s. 80, enables the tenant in such a case to claim to be put
upon the rate, and he claimed, and was put upon the rate
accordingly ; they therefore thought that he was charged to
the rate, within the meaning of the statute.

R. v. St. Martin’s-in-the- Fields, 3 Q. B. 204; 6 J. P. 655..
Renter of a Private Box in a Theatre, liable to be Rated.

By a local Act (10 G..3, ¢. 75), for building a workhouse
for St. Martin’s parish, the overseers, vestrymen, c&c. were
: D
34 POOR RATE.—LANDLORD.

authorized to make poor rates on all persons who should inhabit,
hold, occupy, possess or enjoy any land, house, shop, wharf,
warehouse, or any other building, tenement or hereditament, or
any other persons who by law are chargeable towards the relief
of the poor, as such overseers, &c. shall think proper to be rated
and assessed. They made a rate, in which they rated the
proprietors of Drury Lane Theatre at the rateable value of
£1800 for the theatre, and Miss Burdett Coutts for a box in
the theatre, at a gross estimated value of £120, and rateable
value £100. Miss Burdett Coutts appealed. And upon a case
stated, it appeared that the proprietors of the theatre, in con-
sideration of £3,000 paid to them by Mr. Coutts, leased to him
a private box on the ground tier of the theatre for eighty-two
years, at the annual rent of 1d. The box formed part of the
theatre, and the occupiers and managers had access to it by
doors, of which they had the keys.

For the appellant it was argued that the proprietors of the
theatre were in possession of the whole of it, and were therefore
rateable and rated for the whole; and the appellant therefore
could not also be rated for a part of it. And they cited the case
of R. v. Agar (14 East. 256), where it was holden that the
trustees of a Methodist chapel, and not the renters of the pews
in it, were rateable. For the respondents it was answered that
this was not a rate under stat. 43 Eliz. c. 2, but under the local
Act 10 G.3,c. 75, and the only question was whether the
appellant under the lease did not hold and enjoy a tenement ;
it was clear she did, and she was therefore liable; and as to
the proprietors being rated for the theatre, it was probable that
in estimating the value, a deduction had been made for the value
of the box, which properly speaking was not theirs.

The Court held that as the lease gave the appellant the exclu-
sive right of occupying the box, and the stat. 10 G. 3, ¢. 75,
made all occupiers rateable, it was clear that she was liable, and
rightly rated. As to the proprietors being rated for the whole
theatre, of which the box was a part, if such were the fact, it
only showed that they were overrated,
POOR RATE.—LAND. 35

3. Poor Rate. (Land.)

The Electric Telegraph Company v. The Overseers of Salford,
24 Law J.146, m.; 19 J. P. 375.

The Electric Telegraph Company, rateable,

_ The Electric Telegraph Company were rated to the poor in

the township of Salford, for their “telegraph wires, posts, and
the land in which the same are fixed. They appealed against
the rate, and a special case was stated by consent, for the
opinion of the Court of Exchequer. The case stated that the
company were incorporated by Act of Parliament, which en-
abled them to purchase or take land for their purpose, with the
consent of the owners, not exceeding 100 acres. With the con-
sent of the London and North Western Railway Company, a part
of which passes through the township of Salford, they erected
posts along the railway and fixed their wires to them; in one
instance they were carried across a viaduct in a box fixed to the
parapet of the viaduct; and in another, they were conveyed in
an iron tube, which was sunk into the railway. Two of the
wires they worked for the railway company exclusively, and
which was the only consideration they gave the railway
company for the privilege of fixing their posts, &c. along the
way; the other wires they worked for their own profit. The
railway company were rated for their land in Salford, “ except
such parts thereof as are in the occupation of the Electric
Telegraph Company.” The question was, whether the tele-
graph company were rateable in Salford for their posts, wires,
&e. erected and affixed in that township.

For the company it was argued that the privilege of erecting
the posts was but an easement, and did not give the company
the exclusive occupation of the land, which was vested exclu-
sively in the railway company by Act of Parliament. They
could not therefore be rated for the land in which their posta
were fixed. And as to the wires, they had no connection with
the land; and all the value and profit of the telegraph was derived
from the suspended wires, the posts were merely supports.

D2
36 POOR RATE.—LAND.

But the Court, without hearing the counsel for the respon-
dents, held that the telegraph company were rateable.
Whether the wires are conveyed. on the ground or under the
ground, or above the ground is the same in effect, according to
the maxim “cujus est solum, ejus est usque ad ccelum ;” to the
owners of the surface of land, belongs everything below or
above it; and whether the wires pass up or down, the pro-
prietors of them occupy a certain portion of space, over which
they may exercise complete control, and exclude every other
person from it. Judgment for the Respondents.

Allison v. Monkwearmouth Shore, 4 E. § B.13; 23 Law J;
177, m.; 18 J. P. 488.
A Brewery, with the trade of cortain Public-houses attached, how rateable.
A brewer paid a rent of £300 a year for his brewery, and
also stipulated in his lease to pay £150 a year to his landlord
for the goodwill and trade of thirty-three public-houses belong-
ing to the latter, which were secured to him, the tenants of
these public-houses paying a smaller rent for them on this
account than they would if they were free public-houses. The
brewer being rated in respect of his brewery, at a gross esti-
mated value of £450, comprising both sums, appealed; and
upon a special case being stated, by consent, for the opinion of
the Court of Queen’s Bench, the question was, whether he was
rateable in respect of the goodwill and trade of these public-
houses, all of which were not within the respondent township.
- After argument, Lord Campbell, C. J., held that the rate
ought to be confirmed. In estimating the assessable value of
the premises, the advantage the appellant derives from the trade
of the thirty-three public-houses, the keepers of which -must
deal with him, must be taken into account; in the case of a
soke mill, the occupier is liable to be rated higher than if there
were no-one under an obligation to grind corn at his mill, and
to pay him multure. The tenendum in the appellant’s lease
treats the whole as an entirety, “to hold the said brewery and
all and singular other the premises and privileges hereinbefore
demised,” &c.; and the reddendum dividing the rent into portions,
POOR RATE.— LAND. 37

£800 and £150, makes no difference. Here then is the case of
the occupation of real property being rendered more valuable by
a profit attached to it, which by innumerable cases has been
holden to render the property rateable at its enhanced value.
One instance nearly analagous, may be mentioned, namely, the
case of a canteen, as reported in 4 M. & 8S. 817 (R&. v.
Bradford) where the canteen itself was demised to a tenant for
£15 a year, and he was to pay a further sum of £510 for the
privilege of selling liquors therein, and it was held that the two
sums were to be considered as one entire rent, on which the
tenant was rateable.

Crompton, J., of the same opinion. Erle, J., of a different
opinion. Rate confirmed.

R. v. Leith, 1 E. § B. 121; 21 Law J.119, m.; 16 J. P. 810.
Floating Pier, how rateable.

A steam-boat company rented the ground-floor of a building
adjoining the Thames with the cellars underneath it, and
attached to it a floating pier, for the convenience of embarking
and debarking their passengers. The pier consisted of three
barges, connected together by wooden bridges, and kept in their
places by anchors sunk in the bed of the river. The first barge
at the land end was fastened to a platform, and the platform
rested on an abutment which was made fast to the building by
iron bolts driven into the wall. The company being rated for
this ground-floor and cellars, and the floating pier, in one rate,
upon a local Act very similar in its terms to the stat. 43 Eliz.
c. 2, appealed ; and the rate was confirmed, subject to a case.

After argument, the Court held that the rate and the order of
sessions ought to be confirmed. There could be no doubt that
the appellants were rateable for the ground-floor and cellars of
the building, and their landlord was rateable and rated for the
remainder of the building, so that the case was not open to the
objection that the building was twice rated. And the pier
attached to this ground-floor enhances the value of it, by
bringing passengers for landing on and embarking from the land
38 POOR RATE.—-LAND.

in the appellant’s occupation, which is of itself subject to be
rated; and the company are rateable, not only for their lands,
but in respect cf the value conferred on their land by the use of
the pier. Rate confirmed.

R. v. Morrison et al., 1 E. § B. 150; 22 Law J. 14, m.;
17 J. P. 24; S. CO. nom. R. v. North Shields, 16 J. P.
727, 742, 768; 17 Id. 24.

Floating Dock, not rateable.

A shipwright was possessed of a ship-yard in the township of
North Shields, on the bank of the river Tyne, and separated from
it by a quay or wall thirteen feet high. He had a floating dock,
which was a large wooden vessel, capable of containing any ship
about to be repaired, which floated when the tide was in, and lay
upon the shore when the tide was out, so that the repairs of the
ship might be proceeded with at all times of the tide. This was
moored by chains and anchors to the bed of the river, and was
attached by chains and posts to the ship-yard, at a distance of
about thirteen feet from the quay. The yard itself was in the
township of North Shields; the shore outside of the quay was
in that township when the tide was out, but in the parish of
St. Nicholas, Newcastle, when the tide was in, the water being
the boundary between the parish and the township, so that this
dock lay alternately in the township and parish,—in the former
when the tide was out, and in the latter when the tide was in.
Being rated for the river frontage with this dock attached, the
appellants appealed; and the sessions confirmed the rate, sub-
ject to a case,—finding however, as a fact, that the dock was so
attached to the building-yard, as to enhance its value.

After argument, the Court held that the rate could not be
supported. The floating dock, per se, clearly was not rateable ;
and looking to the manner in which it was constructed and
used, the Court thought that the value of the river frontage
was not enhanced by it, and that the conclusion the sessions
had come to on that subject, was in point of law erroneous.
Rate reduced accordingly.
POOR RATE.—LAND. 39

R. v. Westbrook, 10 Q..B.178; 16 Law J. 187, m.; 11J. P.
277.

Occupiers of Brickfields, how rateable.

Westbrook, the appellant, rented a brickfield of ten acres, at
£2 per acre (without reference to the use made of the land), and
was also liable to pay to his landlord a royalty of 1s. 6d. per
thousand bricks moulded on the land. He was rated for this
land on a rateable value of £159 10s., which was calculated on
the amount of the rent and royalty, making all proper deduc-
tions; and he appealed against the rate. The sessions confirmed
the rate subject to a case; but in the case they specially found
that the rate per acre, which a tenant might be expected to give
for the field, without paying a royalty, would be £10, making
for the 10 acres £100. The £159 10s., was made out by
adding to the rent paid, the royalty of 1s. 6d. per thousand on
3,000,000 bricks made at four stools upon the land, making all
necessary deductions.

After argument, the Court said that although the rent and
royalty added together, was in this case deemed the rent paid
for the land, yet it was open to the appellant to show such
uncertainty in the market, or such circumstances affecting the
process of making, as showed that the parish officers had done
wrong in concluding from the quantity made that the land might
reasonably be expected to let from year to year at a rent
measured by that quantity. It may very well be that although
at the end of the year the lessee has made so many bricks, that
he can afford to pay £150 to his landlord as royalty, and yet
he could not prudently at the beginning of the year contract to
pay at all events more than £100; and if so the latter rather
than the former will be the sum at which the land may reason-
ably be expected to let at from year to year. And this was what
the Court understood the sessions meant by their special finding.
The rate was therefore ordered to be amended, by rating the
appellant in £100, instead of £159 10s.

There was another case of the same kind (RK. v. Lverist,
10 Q. B. 178, 1938, 206; 16 Law J. 187, m.; 11 J. P. 277)
40 : POOR RATE.—LAND.

brought before the Court for decision at the same - time
as the above. Everist occupied a piece of land as a
brickfield under an agreement for three years, for which
he was to pay his landlord annually for one million bricks
at least, at the rate of 2s. 8d. per thousand, and so on for
every thousand beyond the million, such payment to be
considered due and payable as a rent half-yearly, with power of
distress. Some other land, but not for brickmaking, was let to
him at £3 an acre. The appellant in fact occupied for fifteen
years; for some years he was rated on a rateable value of
£98 15s., but the brick making having greatly increased, the
vestry came to a resolution that brickmakers in the parish
should be rated at one shilling per thousand on the supposed
number (500,000) made at each stool; and according to this
estimate the appellant’s rate was raised from £98 to £550. He
paid this rate the first year: but being rated at the same sum
the following year, he appealed. For the appellant it was argued
that he ought to be rated for the land as if it were used for
agricultural purposes, £1 10s. per acre), or at most, at what
garden ground let for, namely, £3 10s. per acre. On the other
hand, the respondents contended that the sum actually paid to
the landlord must be considered as the rent the appellant bound
himself to pay; and it was admitted that if this latter were
correct, the amount of the rate did not exceed the rateable
value of the land, making all lawful deductions. In a case
stating the above facts, the sessions put it as a question for the
Court, “what is the net value of the land in question?” The
court held that what the appellant contended for, was ‘clearly
wrong; it was estimating the value of land applied to one
purpose, by its value as applied to another and a different
purpose. The true measure of rateability was that stated by
the sessions at the end of the case; but instead of asking this
question, they must answer it themselves, by finding, upon
evidence, what is the rent at which the land “ may reasonably be
expected to let from year to year,” for the purpose to which
it was applied. Rate to be amended accordingly.
POOR RATE.—DOCKS. 4]

Poor Rats. (Docks.)

R.v. The Dock Company at Kingston-upon-Hull, 7 Q. B.2;
14 Law J. 114, m.; 9 J. P. 405.
Docks, how rateable,

By a local Act lands were granted by the Crown to the Hull
Dock Company, with power to make a dock, wharves, &c., and in
consideration of the expense attending the same, and of keeping
them afterwards in repair, certain tonnage duties were made
payable to the company for every ship going into or coming out
of the harbour, basin, or dock, within the port of Kingston-upon-
Hull, or loading or unloading within the port. The basin and
dock belonged to the company, being erected upon their land ;
the harbour and the rest of the port did not; but all vessels
entering the port paid these duties to the company, whether they
entered the basin or dock or not. The company afterwards
built two additional docks, the “ Humber Dock,” and the
* Junction Dock.” Being rated in Hull for all these tonnage
duties, they appealed; and the sessions at the hearing, reduced
the rate, subject to a case.

For the respondents it. was argued that the company were
rateable for the whole of these dues, because they received
them in respect of the docks. If it were not for the local Act,
the company might have demanded what toll they pleased
for vessels coming upon their land; but that Act restrained,
the privilege by fixing certain dues which could not be
exceeded, and the dues for entering the port and harhour may
be deemed to have’ been given to them as compensation; all
might be looked upon as earned by their land. For the appel-
lants it was argued that the company were not rateable at all
for these dues, for they were tolls in gross, having no necessary
‘connexion whatever with the soil; and they cited the case of
R.v. Bristol Dock Company, (1 Q. B. 536). But the Court said
that in the case cited, the Bristol Dock Company were rated for
a tidal harbour, which though made by them was not their
property ; but here the docks and basin are made by the com-
pany on their own land, which was rateable to the poor before
43 POOR RATR.—DOCKS.

the docks were built; and if the docks yield profits, the company
surely must be rated for those profits. But as to the tolls re-
ceived from ships which came into the port or harhour, but
not into the docks or basin, they were merely a naked toll, for
which the company were not rateable. Order of sessions
confirmed.

R.v. The Dock Company of Kingston-upon-Hull, 18 Q. B.
325; 21 Law J. 158, m.; 16 J, P. 488.

Docks, how rateable.

Besides the docks and basin last mentioned, the Hull Dock
Company built a dock in a place called Drypool, partly on land
in another parish, and partly on land which was extra-parochial.

All these docks, however, formed one establishment under one
set of officers, and but one set of accounts were kept for all, and
no separate rates or dues were payable for each; and whether a
ship used all or only one of the docks, the dues were payable on
her first entrance. The company being rated in Hull for the
docks there, on a value calculated from the profits made of these
docks, the Dock Company appealed, insisting that the net rate-
able value of all their docks should be ascertained, and that they
should be rated in Hull, only in the proportion that the area
of the docks there bore to the joint areas of all their docks.
The sessions, however, confirmed the rates, subject to a case.
For the respondents it was argued that the docks in Hull,
being land producing a certain profit, and for which a tenant
from year to year would give a certain rent, irrespectively of the
docks of the company out of Hull, they had a right to rate the
company for the docks in Hull, in the same manner as if the
dock in Drypool (which possibly yielded but little profit), had
not been made. But the Court held that as the profit to the
company was derived from all of these docks in and out of Hull,
it was impracticable to adopt the parochial principle of rating:
the proper mode was, by ascertaining the rateable value of all
the docks in and out of Hull, by making the proper deductions
from the gross amount of tonnage dues received by the company
POOR RATE.—DOCKS. 48

from all their docks, and their entire rateable value should be
apportioned among the several parishés within which the docks
were situate, in proportion to the areas of the docks within each
parish. Rate to be amended accodingly.

R. v. The Trustees of the Birkenhead Docks. 2 E. § B. 148;
21 Law J. 209, m.; 16 J. P. 561.
Docks, how rateable,

Certain land was vested in the trustees of the Birkenhead
Docks by Act of Parliament, and they were thereby authorized
to build certain docks and basins, to take certain tolls and dues
from ships using them, which they might lower and again
raise, but so as not to exceed the tolls mentioned in the Act;
and they were authorized to borrow a large sum of money by
way of mortgage on the security of their tolls and property. They
accordingly borrowed the money, built two docks, which were
already frequented by ships, and were proceeding to build others,
and built certain offices, workshops, &c. upon their lands in the
township of Birkenhead, for which offices, workshops, &e.
they were rated to the poor in that township. The trustees
having given notice of appeal against the rate, a case was
stated by consent for the opinion of the Court of Queen’s Bench.

For the appellants it was urged that by their Act the tolls
were to be applied to the several purposes thereof, and to no
other purpose whatever, and the tolls at present were insufficient
for those purposes; and that therefore, on the authority of
R. v. Liverpool (7 B. & C. 61), they contended they were not
rateable. For the respondents, the case of R. v. Liverpool
was distinguished from this, for there the dues were to be
lowered as soon as they should exceed the sum required for the
purposes of the Liverpool Docks; but here there might be a
surplus, and the Act did not direct in what manner it was to
be applied.

The Court held the trustees to be rateable. They did not, and
they could not, rely upon the mere circumstance of their being
trustees, and so not entitled to any personal advantage from the
property vested in them. They were owners in fee of the land, and
44 POOR RATE.—DOCKS.

the only occupiers of it, and therefore were clearly rateable under
the stat. 43 Eliz. c. 2, unless exempted from rate by some clause
in their local Act. But there was nothing in that local Act
‘which indicated any intention to exempt the appellants from
liability to pay the poor rate. Judgment for the respondents.

BR. v. The Sout hampton Dock Company, 14 Q. B. 587 ;
20 Law J. 155, m.; 15 J. P. 145.

Docks, how rateable.

The Southampton Dock Company were rated for their dock,
and for the cranes, steam engines, and other ponderous machinery,
attached to the freehold, and essential to the business of the
company. The company appealed against,the rate; and at the
hearing several points were made, which were specially set out
in a case for the opinion of the Court of Queen’s Bench.

1, It was contended by the appellants, that they were
entitled to have deducted the expense of a steam tug, which
they kept for the purpose of conveying ships in and out of the
Docks. And the Court held that they were entitled to this
deduction, being a necessary expense incurred in producing
the profit derived from the dock.

2. That a sum ought to be deducted for management, which
had formerly been allowed to the directors, and which a tenant
would expect to be deducted in calculating the rent he should
pay, if the dock were let. The Court at first hesitated to allow
this deduction, as the appellants were already allowed to deduct
5 per cent. interest on the capital, and 20 per cent. tenant’s
profits; but looking to the nature of the concern, and that
such allowance was formerly made to the directors, they decided
that a sum should be deducted for management, such as would
be a reasonable remuneration to a tenant for his personal trouble
and the exercise of his skill and judgment.

8. The appellants contended that the cranes, &c., though
attached to the freehold, were in fact personal stock, or stock
in trade, and therefore not rateable. But the Court held that
they were rateable for all those cranes, steam engines, and
POOR RATE.—WATER-WORKS. 45.

machinery fixed to the freehold, and that the point had long
been settled.

4. The appellants claimed that the sum of £155 which they
paid for income tax should be deducted. But the Court held
the contrary, as it was not a tax upon the subject matter, but
upon the income of the occupier. Order of Sessions affirmed.

Poor Rate. (Water-works.)

R. v. Mile End Old Town, 10 Q. B. 208; 16 Law J. 185, m.;
11 J. P. 505.
Water-works, how rateable.

The East London Water-works Company were rated in the
hamlet of Mile End Old Town, for their mains, pipes, and other
works conveying water in the hamlet. Against this rate
they appealed, and the rate was reduced, subject to a case.
When it came on for argument, it was referred to a barrister
to ascertain the sum at which the appellants should be rated,
with liberty to state any points that might arise,in a case for
the opinion of the Court. He stated that the gross revenue of
the company from water rates was £54,000; disbursements,
including all the deductions required by stat. 6 & 7 Will. 4, c. 96,
allowance of 25 per cent. on a supposed capital of £20,000 for
trade profits, and 10 per cent. on the value of the stock on
hand, £23,200, leaving the sum of £30,800 as the rateable
value of the whole, or what a tenant from year to year might
be expected to give annually for the whole concern. The works
of the company were in several parishes: in some, they con-
sisted of buildings and machinery only, not directly producing
profit, and if rated as buildings, the rateable value would be
£6500; the mains and pipes directly producing profit were in
the hamlet and the other parishes, and deducting the £6500
as the rateable value of the buildings, &c., it would leave a
rateable value of £24,300 for the mains and pipes, and a
rateable value of those in the hamlet, sufficient to support the
rate. The arbitrators therefore certified that the rate on the
company was good, and ought to stand.
46 POOR RATE.—WATER-WORKS.

The company contended that this was not the proper way
of rating a water-works company: that their property in each
parish should be valued separately, and the net produce of the
works apportioned amongst them according to that value,
which would give the rateable value in each parish.

But the Court held that the proper mode of apportioning
the rate in the different parishes was, to assess that portion
which was indirectly productive of profit in the ordinary way,
by valuing the land and the buildings, and the fixtures thereon;
and this sum being deducted from the whole, the residue should
then be apportioned among the parishes where the works
directly productive are situate, in the ratio of the rent reason-
ably to be expected for them, if the part situated in each parish
were let separately; and that this ratio could be correctly
ascertained, by the ratio of the net profits derived in each of
the several parishes, or even by the gross receipts if the total
of the expenses were common to the whole of the apparatus.
Order of sessions quashed, and original rate confirmed,

R.v. Longwood, 13 Q. B. 116; 18 Law J. 65, m.; 18 J. P. 187.

Water-works, when rateable.

The Commissioners of the Huddersfield water-works, under a
local Act, purchased certain springs of water in Longwood,
which they diverted, and conveyed the water to Huddersfield,
for the supply of that place; but as there were mills in Long-
wood, which claimed the right of being supplied with water
from these springs, the Commissioners had a reservoir erected in
Longwood at a great expense, for the purpose of impoundmg
and keeping back a certain portion of the water for the use of
the mills, for which, however, the mill owners paid nothing ; the
residue was conducted by pipes to Huddersfield, and supplied
to such of the inhabitants as chose to pay a certain water rate for
it. For the purpose of purchasing the land, laying down pipes,
and erecting the necessary works, the Commissioners borrowed
money on mortgage of the property as they were authorized to
do by the provisions of their Act ; and the Act stipulated that
POOR RATE.—WATER-WORKS. 47

when the whole of the principal and interest due on the mort-
gages should be paid off, the water rents should be reduced so
that the proceeds should only cover the current expenses; and
the water rents had in fact been reduced, to half their original
amount. The Commissioners, being rated for this reservoir in
Longwood, appealed, and the sessions amended the rate by
striking out the assessment, subject to a case.

In arguing the case, the Commissioners contended that they
were not liable to be rated for their water-works at all, being
works erected for a public purpose, in which they had no interest,
and from which by the provisions of their Act they could derive
no profit; and as to this reservoir in Longwood, although much
money was expended in forming it, it yielded no return what-
ever. But the Court held the Commissioners to be rateable;
it was a mistake to say that supplying water to such of the
inhabitants of Huddersfield as would pay for it, was such a
public purpose as would exempt the Commissioners from being
rated for their works ; there were no decisions to that effect.
And as to the reservoir producing no profit, it was a compensa-
tion for the rights of the mill owners, and as much the means of
obtaining a supply of water from the springs as any other part
of the apparatus, and was therefore rateable. Order of sessions
quashed.

Mayor, &e. of Liverpool v. Overseers of West Derby, 6 EH. 5 B.
704; 25 Law J. 112, m.; 20 J. P. 661.

Water-works, when rateable.

The corporation of Liverpool were possessed of certain water-
works, partly in Liverpool, and partly in the adjoining township
of West Derby, in trust, for the supply of water both for public
and domestic purposes; they had no beneficial interest in these
works, they were merely trustees. The expenses were defrayed
by arate, the produce of which was carried to an account, called
“The Liverpool Water Account”; and the local Act upon the
subject provided for the reduction of the rates, so that no more
should be raised than might be necessary to meet the expendi-
48 POOR RATE.—WATER-WORKS.

ture on the water account. Being rated in the township of
West Derby for their land,-ponds, engines, and pipes in that
township, they appealed on the ground that the property was
not rateable; and by consent a case was stated for the opinion
of the Court of Queen’s Bench.

In arguing the case, it was contended for the corporation that
they were not liable to be rated for these works, as they were
merely trustees, having no beneficial interest whatever in them ;
and they were prohibited by their local Act from making any
profit or deriving any benefit from them. But the Court held
that although the corporation took no benefit from these works,
yet as they occupied as trustees for the beneficial interest of
others, they were rateable. And as to the objection that they
were prohibited by their local Act from making any profit or
deriving any benefit from their works, that circumstance did not
exempt them from being rated. Judgment for the respondents.

R. v. Longwood, 17 Q. B. 871; 21 Law J. 215, m.
16 J. P. 478.
Water-works, how rateable.

In another appeal by the Commissioners of Huddersfield
against a rate, in which they were rated on the rateable value
£1010, for their reservoirs, banks, pipes, lands, and hereditaments
in Longwood, the sessions reduced the rate to £490, subject to
a case, in which they stated that £490 was the net rateable
value of the reservoirs, pipes, &c., in Longwood, taken in con-
nection with the water-works in both townships; that if a tenant
were to rent the works, unrestricted by the provisions of the Act
of Parliament, his rateable value in Longwood would be £1100;
but if he were restricted by the Act, he could make no profit at
all by his tenancy. They also stated, that the Commissioners’
outlay in Longwood was nearly one half of their entire outlay ;
the actual value of the works in each township was equal; the
acreage occupied in Longwood was to that in Huddersfield,
as 28 to 5; and that the length of mains and pipes in Longwood
was to those in Huddersfield, as 5 to 26. If therefore the
total net annual value be apportioned according to the outlay,
POOR RATE.—WATER-WORKS. 49

the rateable value in Longwood would be £669 ; if according to
the actual value, it would be £550; if according to the acreage,
it would be £881; if according to the length of the apparatus,
it would be £429.

For the respondents it was argued that the rateable value in
Longwood must be estimated according to the rent a‘tenant
would give for it, entirely unfettered by the private Act. But
Coleridge, J. held that the measure of rateability must be
measured by the amount of rents the Commissioners in fact
receive from the consumers of the water, under the restrictions
of the private Act. But the Commissioners here are not a
water company; if they were, they could not by their Act
perhaps, make any profit of their water-works ; but they and the
consumers are in fact one body, the Commissioners trustees, the
consumers quasi cestui que trusts, and the latter have a benefit
from the works equivalent to the money they pay for the water,
notwithstanding the restrictions. His Lordship was therefore
of opinion that.£490 was the proper sum at which the appellants
should be rated, that being stated to be the rateable value of the
works in Longwood.

Wightman and Crompton, JJ. of the same opinion. Order of
sessions confirmed.

The Mayor, $c. of Manchester v. The Overseers of the Township
of Manchester, 17 Q. B. 859 ; 21 Law J. 160, m.; 16 J. P.505.

Water-works, when rateablo.

The corporation of Manchester purchased all the estate, stock
in trade, &c. of an incorporated water company ; and by a local
Act, the corporation were required to supply water for domestic
purposes to the inhabitants of the borough, for which they were
to receive no water rents or other payments, but were deemed to
be fully paid by the rates authorized to be levied; but the
council had also, in exercise of other powers in the Act, entered
into agreements with persons occupying premises in the borough,
for supplying them with water for other than domestic purposes,
and for which they were paid by water rents; they also, in

E
50 POOR RATE.—WATER-WORKS.

consideration of a fixed annual payment, asreed to suppl
borough of Salford with water; but the whole of the pro
of the works, and of the water supplied and sold, were expe
_in the payment of certain annual sums to the company
which the corporation purchased the works. Being rate
these water-works in the township of Manchester (which fo
a part only of the borough,) the corporation appealed, and a
was stated by consent, for the opinion of the Court of Qu
Bench.

After argument, the Court held that the appellants were |
to be rated. The question of profit or no profit is not the p:
test; in order to exempt the occupier from rateability,
occupation must be exclusively for a public purpose; and w
it is for the purpose of benefiting a particular class, it is prot.
not for a public purpose. Here the occupation was partl
supplying persons in the township with water to be applic
other than domestic purposes, and who are therefore benefite
the water works; and if the appellants were not to be rat
would be casting a most unfair burthen upon the ratepayers
are not benefited by the works. The appellants received v
rents for the water so supplied by them, and they were ju:
much a water company as the company from which
purchased. Judgment for the respondents.

R.v. Kentmere, 17 Q. B. 651; 21 Law J.138m.; 16 J. EF
Water-works, when rateable.

Where Commissioners, under a local Act, constructed ar
voir in the township of Kentmere, by erecting a mound a
a stream which supplied certain mills with water, for
purpose of affording a more regular supply to the mills, a1
cleansing the stream, and of promoting the health of the pei
upon its banks; and for this they were empowered to levy :
upon the mill owners. Being rated for this, they appex
and the sessions quashed the rate, subject to a case. Bi
local Act, certain persons named, and all other owner
occupiers of any fall of water, mill or works upon the str
POOR RATE.—VALUABLE ERECTIONS. 51

were constituted Commissioners; but they contended that as
Commissioners they were not rateable.

The Court, however, held that they were rateable. Although
Commissioners, yet for this purpose they must be treated as
individuals, who for their own benefit have obtained authority
from Parliament to purchase land in Kentmere, which they use
to obtain a better supply of water for their mills; And they
are properly rated for it in Kentmere, where the land lies,
although none of the mills supplied with water were situate in
that township, but were in other townships lower down upon
the stream. Order of sessions quashed, and rate confirmed.

6. Poor Rate. (Valuable Erections.)

KR. v. Hammersmith Bridge Company, 15 Q. B. 369;
“18 Lam J. 85 m.; 138 J. P. 103.

Bridges, when and how rateable.

A company, under a local Act, erected a suspension bridge
over the river Thames, and made approaches to it, and tolls
were receivable for passing it. One half of the bridge was in
the parish of Hammersmith, the other half in the parish of
Barnes; but the length of the approach in Barnes was 5820
yards, that in Hammersmith 678; the tolls were received on
the Hammersmith side only. Upon an appeal by the com-
pany against a rate made by Hammersmith, the sessions found
that £720 was the total amount of the rateable value at which
the company should be rated in both parishes, such value being
based on the amount of tolls received, after making all lawful
deductions and allowances, among which was the cost of main-
taining the approaches above mentioned. By the Hammersmith
rate the company were rated at £475, which the sessions re-
duced to £360, the moiety of £720, the rateable value on both
sides; but the question they submitted for the opinion of the
Court was, how the total amount of the net rateable value
should be divided between the two parishes.

EQ
52 POOR RATE.—VALUABLE ERECTIONS,

For the appellants, it was argued that the proper mod
rating was to charge the company in each parish in propo)
to the space occupied by them in each; in which case the 1
able value on the Hammersmith side should be reduced to £
But the Court held that as the rate was for the bridge, w
was the direct source of the rateable value in both parishes,
passage over the river being that which was paid, and as
half of the bridge was in Hammersmith and the othe
Barnes, the company should be rated on an equal rate
value, £360, in each parish, to which sums the sessions
reduced the rate. The Court added, that this judgment hac
reference to any question as to the rateability of the approac
Order of sessions confirmed.

R.v. Haslam and Howarth, 17 Q. B. 220; 15 J. P. 64
Chemical Works, how rateable.

Haslam and Howarth were assessed for “chemical wo
lands, tenements, erections and buildings;” among which 1
certain chambers for the manufacture of sulphuric acid, and
works were rated at a higher rate by reason of these cham]
namely, at £227 17s.; but if rated exclusive of these chaml
the rate would be £162 11s. 5d. only. Being rated on £
17s. Haslam and Howarth appealed ; and the sessions confir
the rate, subject to a case, which stated—that these cham
were placed upon the land in the open air, not in any ©
inclosed in or covered by any building or erection; they occ
large spaces of ground, their length being from 40 to 60:
their width 15, and their height 18; each chamber is a
large vessel of sheet lead, weighing several tons, and comp:
two parts, the lower part being a dish about 12 inches dee]
which the acid is deposited, and the upper part shuts dow:
the lower, and receives the vapour. The mode of erecting
chamber is thus: four walls, forming an oblong, are built, s
sunk into the ground, others erected on the surface, and
inside is filled with sand, on which the chamber rests; a
composed of four strong beams, runs along the top of the w

im anmoa racaod laid in martaw in athans nat and an tha ail
POOR RATE.—VALUABLE ERECTIONS. 53

fixed a framework, which encompasses the chamber, and is used
for its support, and the chamber is attached to this framework
by leaden rivets. At each end of the chamber, for the pur-
pose of conveying the gases and vapours into and out of it, was
a pipe, entering the chamber by a circular hole, and the lead of
the chamber is then beaten round it, and it is rendered vapour
tight by a luting ; the other end of the pipe is fixed to buildings.
which are part of the freehold. Steam is also conveyed into
each chamber by a pipe, one end of which is fixed to the steam-
boiler, the other to the framework round the chambers, by leaden
rivets. This pipe may be removed, without injury to the free-
hold, by unfastening the rivets; the other pipes may be re-
moved, without injury to the freehold, by withdrawing the
pieces of pipe of which they are composed; and if these pipes
were withdrawn, the chamber would then rest on the ground
by its mere weight, and might be removed without injury to
the freehold. The sessions being of opinion that the chambers
were attached to the freehold, though not affixed thereto, con-
firmed the rate, subject to a case.

After argument, the Court said that it was not necessary for
them to determine whether these chambers were affixed to the
freehold, that being merely a question of fact. But they held
that as the rateable value of the premises was increased by
the chambers, as they were used as part of the fixed machinery
of the works, attached to the other buildings for the purpose of
being so used, although capable perhaps of being removed with-
out injury to the freehold, the appellants, if they were to let
their premises, would obtain a higher rent for them as they
stand, with the chambers upon them, than if the chambers were
removed; and they were therefore rightly rated for their
premises, rendered additionally valuable by these chambers.
Order of sessions confirmed.

R. v. St. Giles’s, Camberwell, 14 Q. B.571; 19 LanZJ. 122, m.;
147. P. 448.
Cemetery, how rateable.

The London Cemetery Company were rated in the parish of
St. Giles, Camberwell, for their cemetery at Nunhead, Surrey,
54 POOR RATE.—VALUABLE ERECTIONS.

against which rate they appealed. They were in fact

prietors, under a local Act, of two cemeteries, this one in Sw
and another in Middlesex; they had directors who managec
whole concern, and auditors for auditing the accounts, to
of whom they paid salaries. They were rated according tc
Parochial Assessment Act, with the usual deductions ; they’
allowed the wages to the gatekeeper, watchman, gardeners
labourers, coals, candles, postages, ce. ; parochial rates
taxes, gravel, grave-boards, &c.; salary to chaplain and su
intendent, and fees to incumbent, commission to-underta)
and repair of windows, &c.; and the expenses in respect 0!
catacombs, vaults, praves, and interments—amounting altoge
to £1628. And, subject to these deductions, they were cha:
on their revenue by the sale of catacombs and graves, by «
mon interments, interment fees and extra charges, £2
leaving a balance as rateable value, of £908. But they
tended that half the amount of the salaries they paid to 1
directors and auditors, and the expenses of an office they he
London, where the directors transacted the company’s busi
the salary of an office clerk, repairs, coals, gas, &c., amour
to £912 14s. (£456), should also be deducted; that they sh
be allowed also 10 per cent, on £2536 (£258), as ten
profits; and these being deducted would leave the rats
value £199 only. The sessions allowed the salaries to
directors and auditors, and such proportion of the general
penses as the gross revenue of Nunhead bore to the ¢
revenue of both cemeteries, amounting to £278, and

allowed the 10 per cent. tenant’s profits, £258, which b
deducted from the £908 above mentioned, left a rate
value of £377, and they amended the rate accordingly. 1
stated a case, however, for the opinion of the Court of Qu
Bench. The Court held that the company were not entith
a deduction of the general expenses (£912 14s.), including
ment to the directors and’ auditors ; those expenses were |
collateral to the occupation of the land, and in fact had not
to do with it; they were modes of expending the revenue 1
derived, but formed no part of the means necessary to aci
POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES. 55

it. The payment of salaries to the directors, auditors, and
secretary, was clearly an expenditure of profits for ‘the general
benefit and purposes of the company as such, and the Court
thought that it ought not to be allowed. Rate to be increased
accordingly.

7. Poor Rate. (Buildings for Public Purposes.)

R. v. Ponsonby, et al.. 3 Q. B.14; 1 Gale § D. 7138;
11 Law J. 65, m.; 6 J. P. 266.

Persons having private Apartments in a Royal Palace, in which the
Sovereign does not reside, are rateable to the Poor.

Hampton Court Palace was built by Cardinal Wolsey, who
presented it to Henry VIII., and it has ever since constituted part
of the royal demesnes appurtenant to the Crown of England;
and up to the reign of George II. was the occasional residence
of the Sovereign; but since that time it has ceased to be a'place
of the actual residence of the Crown. The palace contains a
suite of rooms called the state apartments, containing a collection
of paintings, the property of the Crown, to which the public are
permitted to have access, and persons are appointed by the
Crown to show them. A guard of honour is always on duty at
the palace; divine service is performed there by a chaplain paid
by the Crown; the palace is kept in repair by the Crown, and
the produce of the gardens applied to Her Majesty’s use. There
are several other apartments which are in the occupation of
private individuals, gratuitously, who occupy them by virtue of
a written grant or warrant from the Lord Chamberlain, but not
as being appurtenant or annexed to any office under the Crown;
these consist of spacious drawing rooms, dining rooms, bed
rooms, servants’ rooms, &c., suitable for the residence of persons
of distinction, having considerable household establishments ;
they were put in repair by the Crown upon the parties first
entering them, but afterwards they were furnished and kept in
repair by the occupiers themselves. Lady Emily Ponsonby
and others being rated to the poor for the apartments they
vv POOR RATE.—BUILDINGS FOR PUBLIC PURVPUSES,

thus occupied, and the husband of the housekeeper being
rated for apartments occupied by her for the proper per:
ance of her duty, they appealed; but the sessions confirme
rate, subject to a case stating the above facts.

For the respondents it was argued that the exemption 0
Sovereign from being rated was a personal privilege, v
does not protect the house whilst in the beneficial occupati
others ; and it does not affect the argument, that these p:
occupied only parts of the palace. For the appellants ii
answered that there was neither tenancy nor occupation
the sole occupier being the Crown, who is in possession b1
of its servants, the housekeeper; all the appellants had 1
permission, by the occupier, to retain possession of the a
ments, and that, not in right or in fact exclusively ; they
no more rateable than a visitor in a gentleman’s house.

The Court held that the sessions had done right in confir:
the rate. This had been a royal palace, but it is clear it
ceased to be so; and it is clear also that the separate apartn
are in the occupation of the persons rated. There is a x
grant to hold at will, which is not inconsistent with a bene
or burthensome occupation. The case of Lord Bute v. Giri
(1 T. R. 838; 2 H. BI. 265), was a stronger case than thi
there Lord Bute was rated as ranger of Richmond Park fo
corn grown upon the land, although the Crown was entitl
the greater part of the produce of the grasses; and ye
plaintiff was holden liable to be rated.

' As to the rate on the housekeeper’s husband, it was conc
by the respondent's counsel that he was not liable.

Dela Beche et al. v. The Rector, Sc. of St. James, |
minster, 4 E. § B. 885; 24 Law J. 74m; 19 J. P. 1

The Museum of Practical Geology, not rateable.

The Museum of practical geology was erected out of m
voted by Parliament, upon ground forming part of the
ditary possessions of the Crown, and was established fo:
POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES. 57

purpose of bringing science to bear practically on geology ; and
professors were appointed and paid salaries out of monies voted
by Parliament for the purpose. The lectures of the professors
were delivered in the rooms of the museum, but they had no
greater occupation than was necessary for the purpose of
delivering such lectures. The students paid certain sums for
the instruction they received, a proportion of which, after
deducting the expenses of the institution, was divided among
the professors. There were also laboratories in the museum,
which were occasionally used for the purpose of making ana-
lyses for members or the public, the fees for which were fixed by
Government, and were retained by the professors who made the
analyses. No person resided on the premises besides a house-
keeper appointed by the Board of Trade, but who had no
occupation further than was necessary for keeping and taking
care of the building. The building itself was in the department
of the Commissioners of works and public buildings, by whom
it was kept in repair. The expenses of the institution were
defrayed by the treasury; and the lords of the treasury had,
the general control of the institution, and appointed all the
officers, who held at the pleasure of the Crown. Every part of
the building, and all the collections, and laboratories attached
to the museum, were used, and were necessary for the purposes
of the school of geology. The director of the museum, being
rated for it, appealed; and a case by consent was stated for the
opinion of the Court of Queen’s Bench.

After argument, the Court held that no part of the premises
were rateable, for the whole were in the exclusive possession of
the Crown for public purposes. It was not pretended that the
director, Sir Henry de la Beche, was an occupier of them; the
lords of the treasury certainly were not, being merely servants
of the Crown in this respect; nor the professors, for they
merely delivered lectures there ; and as to the housekeeper, who
resided on the premises, she occupied merely as servant of the
Crown, and was therefore not rateable. The occupation was in
the Crown alone, and the premises therefore were not rateable
to the poor. Judgment for the appellants.
58 POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES.

R. v. Manchester, 3 #. § B. 336 ; 23 Law J. 48, m.;
18 J. P. 218.

County Court, not rateable.

‘The treasurer of the County Court of Lancashire, holden at
Manchester, was rated for the building in which the Court was
holden, and which was used exclusively in transacting the busi-
ness of a County Court. He appealed; and the sessions amended
the rate, by striking out the assessment, subject to a case.

After argument, the Court held that the premises were not
rateable; there was no beneficial occupation of them by the
treasurer or any other person within the meaning of stat.
48 Eliz. c.2. Order of sessions affirmed.

R.v. John Smith, ? El. § Bl, 485 ; 26 Law J. 105, m.;
21S. P. 276.
A Post Office, not rateable.

In a ‘poor rate for the parish of Birmingham, John Smith,
the deputy postmaster, was rated for the “post office, money
order office, house, and premises.” This was a building rented
of a private person by the postmaster-general, and occupied by
Smith, his deputy, as a local post office; it consisted of three
rooms, one for the use of the letter carriers, one for the issue and
payment of money orders, and one for sorting letters, for
paying, registering and delivering post letters, and for the sale
of stamps (on which the deputy was allowed a commission
independent of his salary). There was also in this latter room
a number of boxes or pigeon-holes, appropriated to different
persons, into which the letters addressed to them were put, and
delivered to them at the post office, instead of being delivered
in the usual way by the letter carriers, for which accommodation
each person paid one or two guineas annually, which however
was appropriated to the public revenue. These were the only
uses to which the building was put; no person resided in
it. Smith being rated: for this building, appealed, and a
case by consent was stated for the opinion of the Court of
Queen’s Bench.
POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES. 59

It was argued for the respondents that the building in this
case was neither part of the hereditary possessions of the Crown,
nor in any way under the personal control of the Crown, and
therefore not exempt from rate on that ground. Stamps are
sold there, on which there is a commission; and the boxes or
pigeon-holes are also productive of profit.

But the Court, although they said that they would be well
pleased if when buildings liable to the poor rate were taken for
public purposes, they should still remain liable to be rated, yet they
held that if property be in the possession of the Crown for a public
purpose, whether it be part of the hereditary possessions of the
Crown or not, or whether the fee be in the Crown or a subject,
as the law now stands it is exempted from rateability. Here
the building cannot be said to be in the occupation of the post-
master-general for his own benefit, for he acts in this matter as
a mere servant of the Crown; nor of course can it be said to
be in the occupation of the letter carriers; and it was conceded
that Smith is not a beneficial occupier: so that the Crown is
the only occupier, and for a public purpose, and therefore not
rateable. As to the stamps, they are sold under the injunction
of a positive Act of Parliament, and that is clearly a public
purpose. Judgment for the appellants.

Re The University of Oxford and the City of Oxford Poor
Rate, 27 Law J. 38, m.; 21 J. P. 644.

University of Oxford, in what respect exempt from Liability, in what liable.

Acase was stated for the opinion of the Court of Queen’s Bench,
under a local Act, 17 & 18 Vict. c. 219, as to the rateability of
the different buildings within the University of Oxford. The
Court, after argument, held that the University was not rateable
for the Bodleian Library, the Divinity and other schools, the
Convocation House, the Old Convocation House and Law
School, the Clarendon Buildings, and the University Galleries.
They are exempt also as to parts of the Sheldonian Theatre,
the Ashmolean Museum, the Taylor Institution, and the
Botanic Garden.
60 POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES.

But they are rateable for the lower part of the building
called the Ashmolean Museum, which is fitted up and used as
a residence by the reader in Mineralogy; for so much of the
Taylor Institution as is used for a residence of the librarian;
for a cellar under the Sheldonian Theatre, which is used by an
individual member as a place of deposit for his books, although
no rent is paid for it to the university ; and to so much of the
Botanic Gardens as contains the residence of the professor of
botany, the porter and the gardener. The colleges also are
liable to be rated for the college chapels, and the college
libraries,

Rh. v. Shee, et al., 4 Q. B. 2; 12 Law J. 58, m.;
7S. P. 209.
Royal Academy, not rateable to the Poor.

Upon an appeal against a poor rate by the president, council
and members of the Royal Academy, as occupiers of exhibition
rooms, the sessions confirmed the rate, subject to a case which
stated :—The rate in question was made under a local Act (10
G. 8, c. 75), which authorizes the overseers, &c. of St. Martin’s-
in-the-Fields to make a rate “upon all and every person or
persons who do or shall inhabit, hold, occupy, possess or enjoy
any land, house, shop, wharf, warehouses or other building,
tenement, or hereditament, or any other person who by
law is chargeable and assessable for and towards the relief of
the poor.” The Academy is a society instituted by King
George III., under the sign manual; they are not a corporate
body, nor have they a charter; and the members, although
elected by the academicians, are appointed by the Sovereign.
There are also members called associates, selected by the
academicians from those who exhibit paintings, &c. at the
exhibitions, and from these the academicians are elected upon a
vacancy occurring. The society occupy certain rooms in the
National Gallery, the property of the Crown, in which an annual
exhibition is holden of the works of artists who wish to exhibit,
and the public are admitted to view their works on payment of
1s. each. From these payments, and the sale of catalogues,
POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES. 61

about £5,000 annually upon an average is received by the
society, out of which, and from the interest of funds accu-
mulated, are paid the various expenses of the Academy; the
expenses of the exhibition, which are between £1,400 and £1,500
a year; the expenses of an annual dinner of the members, to
which are invited persons of high rank, distinguished talents, or
known patrons of the art; the expenses of the various schools
for students, who are received and instructed gratuitously, and
of the purchase of books, drawings, prints and works of art for
their use; the expenses of one or more travelling students; the
wages of servants and occasional attendants; the salaries of the
secretary, keeper, treasurer and librarian, who are members; the.
payment of professors, some of whom are members, others not;
the annual distribution of prizes to the students; and of pensions
to decayed members or their families. In the intervals between
the exhibitions, the rooms are used as schools for the students,
and for the delivery of the lectures; and the keeper has apart-
ments adjoining and communicating with these, for the more
convenient performance of his duties. The members of the
society, however, derive no other personal advantage or emolu-
ment from the use of these rooms, nor have they any other
occupation of them, nor any participation in the profits or
dividends of the society, other than as here stated.

The Court held that the appellants were not rateable. No
doubt the property would be the subject of assessment, both
under stat. 48 Eliz. c. 2, and under the local Act, if there were.
nothing specially to exempt them; but the rooms are the
property of the Crown, and the appellants are allowed to use
them for the purpose of performing a public duty. The principle
on which the rateability of a building under such circumstances
depends is well defined and understood. Lord Ellenborough in
R. v. Terrott (3 East, 506), lays it down thus: “ The principle
to be collected from all the cases on the subject is, that if the
party rated have the use of the building or other subject of the
rate as the mere servant of the Crown, or of any public body, or
in any other respect, for the mere exercise of a public duty
therein, and have no beneficial occupation of, or emolument
62 POOR RATE,—BUILDINGS FOR PUBLIC PURPOSES,

resulting from it, in any personal and private respect, then he
is not rateable,” In the present instance, there is no beneficial
occupation in the shape of actual residence upon the premises
rated, or any part of them, by the appellants, to take this
case out of the general rule above laid down. This society
was instituted by King George III. in 1768, for the express
purpose of cultivating and improving the art of painting,
sculpture, and architecture,—a public purpose, surely, if such a
one can be stated. Their meetings were holden in a part of the
royal palace of Somerset House, until lately, when His late
Majesty William IV. substituted the rooms in question for
it. They are the property of the Crown; all the officers of
the society are either actually selected by the Sovereign, or are
elected by the society, subject to the approbation of the Sovereign,
and hold their offices during his pleasure. The treasurer, who
receives the profits and pays the expenses of the society, is
appointed by His Majesty, and his accounts are finally submitted
to the keeper of the privy purse. At the commencement of the
society, the King supplied the deficiency in their funds out of
his privy purse; and even now, if the profits from the annual
exhibition should fail, and the sums which the providence of the
society has investéd be expended, the society must probably fall,
unless sustained by the bounty of the Crown. Lastly, the
society has no lease er certain term of holding; but the Crown,
so far as appears, might at any time resume possession. We
are therefore of opinion that the assessment in this case cannot
be sustained.

R. v. Justices of Hull,4 £. 5 B. 29; 8. C. nom. R.v.
Cooper et al., 23 L.J.188, m.; 18 J. P. 695.
Board of Health, in what cases rateable.

The council of the borough of Hull, who were the local board
of health for Hull, as such were surveyors of the highways, had
a yard in that part of the parish of Sutton within their district,
solely for the purpose of storing the materials for the repair of
POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES. 63

the highways. For this they were rated to the poor in the
parish of Sutton, but did not appeal. The rate not being paid,
an application was made to two justices of Hull for a distress
warrant to levy the amount, when they objected that they
occupied as a public body, for public purposes, and were there-
fore not rateable; and the justices thereupon refused the
warrant. A rule was then obtained under stat. 11 & 12 Vict.
c. 44, s. 5, calling upon the justices and the board of health to
show cause why the justices should not issue their warrant; and
the cause shown was, that the board were made surveyors of the
highways by statute, and they occupied this yard solely for
highway purposes. To this it was answered, that this should
have been matter of appeal, and that the council, being in fact
the corporation, were the occupiers of this yard for the indivi-
dual benefit of the inhabitants of the district.

The Court said it was unnecessary for them to decide as to
the first point, as they were of opinion that the board were
rateable, and therefore if the objection had been taken by appeal,
it would have been unsuccessful. It is clear that this yard,
under ordinary occupation, would contribute to the maintenance
of the poor, and its not doing so would proportionally throw an
additional burthen on the ratepayers in that part of the parish
which is without the district, and however trifling this may be,
in principle it cannot be defended. Rule absolute.

R. v. Commissioners of High and Low Harrowgate, 15 Q. B.
1012; 20 ZL. J. 25, m.; 15 J. P. 38.

The Mineral Waters at Harrowgate, rateable.

The Commissioners in this case, under a local Act, built a
pump room over the sulphur springs at Harrowgate, which was
open to the public generally, subject only to a small payment to
the Commissioners. The Act also extended to the cleansing and
lighting the streets, removing ashes and rubbish from the
houses, establishing a market, &c.; and all the money arising
64 POOR RATE.—BUILDINGS FOR PUBLIC’ PUKPUSES:

from these was to be applied to the re-payment of money bo:
rowed, and defraying the expenses of carrying out the purpost
of the Act. The Commissioners had let the pump room durin
two years at £445 a year, and the tenant then was rated for it
but whilst it was in the Commissioners hands it was not rate
until the present rate, and the Commissioners appealed on tl
ground that the money arising from the pump room was appl
cable to public purposes only. The sessions confirmed the rati
subject to a case.

After argument, the Court held the Commissioners to t
rateable. It is not enough for the purpose of exemptioi
that the Commissioners derive no personal advantage from th
matter rated; but it must be shown that all the profits ar
applied to public purposes; and here individual occupiers deriv
advantages (for instance, in having the ashes and rubbish re
moved from their dwellings), under the provisions of the Ac
Order of sessions confirmed.

Justices of Bedfordshire v. Overseers of St. Paul, 21 Law.
228, m.; 16 J. P. 552.

Officers of Gaol, when not rateable.

This was a case, stated by consent, for the opinion of tl
Court of Exchequer. The gaol and house of correction fc
Bedfordshire is in the parish of St. Paul, and the governor
house and the houses of the two warders are situate just outsid
the walls of the prison, that. of the governor having a back doc
by which he can have access to the prison. Their occupation :
entirely in respect of their office, and the accommodation is nc
more than is necessary for the due execution of their dutie
These parties being rated respectively for their houses, appealec
and the question for the Court was whether they were liable t
be rated. The Court held that they were not rateable. Judg
ment for the Appellants, with costs.
POOR RATE.—BUILDINGS FOR PUBLIC PURPOSES, ‘65

Gambier v. Overseers of Lydford, 8 E. § B. 846;
28 Law J. 69, m; 18 J. P. 456.

Officers of Gaol, how far rateable,

Land and buildings in Dartmoor were rented of the Govern-
ment and the Duchy of Cornwall by the directors of convict
prisons, and were used for the purpose of a convict establishment,
and of reclaiming and cultivating the land by the labour of
the prisoners; the produce of the land was consumed in the esta+
blishment or sold, but if sold, the proceeds were applied entirely
in reduction of the convict estimates. A house within the
precincts of the prison, with a small garden, were assigned as

‘quarters to the governor of the prison together with a coach-
house and stabling ; there were also quarters occupied. by the
deputy governor and other officers of the prison within the
prison walls. All these quarters were assigned to the officers
by the diréctors, and they had no discretion in. this respect;
they held them rent free. At a distance from the prison, and
not connected with it, by a boundary wall, or otherwise, were
houses and cottages assigned by the directors te.the chaplain, the
medical officer, and others of the prison’s officers (and they had
no discretion in the matter), some of whom paid rent for them,
‘others received less wages in proportion to the value of their
-dwellings; and all sums received for rent were applied in re-
duction of the prison expenditure. No more rooms were occu-
pied by the governor, deputy governor, or any of the other
officers, either within or without the walls, than were necessary
for the proper discharge of their duties, and for the adequate
accommodation of the families of such of them as were married;
but the coach-house and stabling of the governor were not
necessary to enable him to discharge his duties. Part of the
‘building in the prison was occupied as a canteen for the sale of
beer to the-prison officers, no profit being derived from the sale,
‘beyond what was sufficient to pay the wages of the man who
‘supplied the beer. Part of the building outside the prison was
oceupied by a grocer, who carried on his. business there, -sup-
FP
66 POOR RATE.—CHARITABLE INSTITUTIONS.

plying goods to the establishment and others. There was
farm, at the distance of half a mile, in the cultivation of whic
the convicts were employed, and its proceeds were whol
applied for the benefit of the establishment. The govern
being rated for the whole of these premises, appealed, and
case by consent was stated for the opinion of the Court

Queen’s Bench.

After argument, the Court held that the prison itself was n«
rateable ;—that the quarters occupied by the governor ar
other officers within the prison, in the discharge of their dutie
were not rateable, but that the coach-house and stabling we:
rateable;—that the canteen and grocer’s shop were rateable ;-
that the farm, being profitably occupied, was rateable ;—ar
(dis. Coleridge, J.) that the residences occupied by the office
of the prison outside the prison, were rateable.

Poor Ratz. (Charitable Institutions.)

R. v. St. George the Martyr, Southwark, 10 Q. B. 852; 1
Law J.129,m; 11 J. P. 615.

Bethlem and Bridewell Hospitals, not rateable.

The corporation of London were rated to the poor of th
parish of St. George the Martyr, Southwark, for Bethle
Hospital, as master, guardians, and governors of it. Bethler
Hospital is a hospital for indigent lunatics, who are kept ther
for the first year without charge, and if not then cured, the
are admitted into the incurable class, for some of whom the
friends or the parish officers make payments towards the
maintenance, but in no instance sufficient to afford a profit t
the hospital. Part of the hospital is appropriated to crimin:
lunatics, who are under the control of and paid for by Goverr
ment, and the governors derive no profit from them.

The corporation were also rated by the same rate, for Bridewe.
Hospital, as the governors of it. This is a place to which dest:
tute persons and vagabonds are committed and kept to work
POOR RATE.—CHARITABLE INSTITUTIONS. ‘67

the materials are bought by the govérnors, are manufactured by
the inmates, and what are not used in the hospital or in Bethlem
Hospital are sold; but no profit is made of the sale, nor do the
governors derive any profit or benefit from the institution.

The corporation appealed against the rate in both cases; and
the sessions allowed the appeal, subject to a case for the opinion
of the Court of Queen’s Bench. After argument, the Court
held that these hospitals were not rateable under a local Act,
which imposed a rate upon all persons who should hold, use,
occupy or possess land, &c. in the parish. The principle to be
collected from all the cases on the subject is, that if the party
rated have the use of the building or other subject of the rate, as
the mere servant of the Crown, or of. any public body, or in any
other respect for the mere exercise of a public duty therein, and
have no beneficial occupation of or emolument resulting from it
in any personal or private respect, then he is not rateable. Here,
Bethlem Hospital is a public charity, instituted for public
purposes, and the appellants are occupiers for public purposes
only, and are therefore, not rateable. The other case, of Bride-
well Hospital, does not differ from that of Bethlem Hospital,
and the Court came to the same conclusion in respect of it, and
on the same grounds. Order of sessions confirmed.

R.v. Temple, 2 HE. § B. 160; 22 Law J. 129m; 17 J. P. 488.

Normal Schools for Training Masters of Schools for Pauper and Criminal
Children, rateable.

Certain lands, buildings and premises, purchased by the
treasury on behalf of the committee of council on education,
were fitted up and used as a normal and model school, for the
training of masters of schools for pauper and criminal children,
and all the expenses of the institution were defrayed by the
committee out of money voted by Parliament. The officers of
the institution were a principal, vice-principal, and masters
appointed and paid by the committee, and holding their offices at
the pleasure of the Crown ; they were entitled to their meals at
a common table, and had sitting and sleeping apartments in the

F2
68 POOR RATE.— CHARITABLE INSTITUTIONS.

institution, and the principal had the privilege of supplyin
himself with fruit and vegetables from the garden. TI
pasturage of the land was let, and the rent applied towards th
expenses of the institution. The students were required to pa
£30 per annum, with the exception of those who obtained th
highest exhibitions, and the money was applied towards th
expenses of the institution. In one of the rooms a school we
holden for practice in elementary instruction, which was attende
by poor children of the neighbourhood, who paid a weekly sui
for their education, and were allowed to purchase books of th
principals, and the funds derived from that source were wholl
applied to the maintenance of the school. The principal bein
rated as occupier of this property appealed ; and the sessior
confirmed the rate, subject to a case.

After argument, the Court held the appellant rateable fc
these premises. The land was let; the students pay £30 a yes
each ; a school is taught on the premises, and the scholars pay
and whether the sums thus arising be sufficient to maintain tk
establishment or not, is not the question, itis enough if a revent
be produced. In fact there is no substantial difference betwee
a “normal and model school,” and any other educational estal
lishment where cheap education is offered from the bounty of
founder. Judgment for the respondents.

“Rev. Baptist Missionary Society, 10 Q. B. 884; 18 Lain J
194, m; 138 J. P. 878.

Premises of the Baptist Missionary Society, rateable.

The Baptist Missionary Society being rated for their premisi
toa paving rate, made by the Commissioners of sewers, appealec
and the sessions confirmed the rate, subject to a case. It w:
stated that the society occupied premises solely for religious ar
charitable purposes; other religious societies also occupit
portions of the same premises, for which they contributed sun
equal only to the expenses of lighting, fire, and cleansing, but 1
profit was made from such contributions. Works published 1
the Baptist Missionary Society were sold upon the premise
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS. 69.

under cost price, and the proceeds devoted to the general
purposes of the society. The whole income was applied to
religious and charitable objects, and no member of the society
derived any private advantage whatever from his connection
with the society.

After argument, the Court held that the society were rateable ;
they were the océupiers of premises, which, in the hands of any
other person, or of their own lessee if they let them, would be
rateable ; and the contributions of the other societies, and the
money arising from the sale of their books, were so much in
diminution of their outlay, and so far their occupation was bene-
ficial. And the Court added that they could find no authority
or principle for holding that a number of individuals, occupying
premises merely for the purpose of diffusing religious instruction,
would be on that account exempt in respect of them from
rateability to the relief of the poor. Order of sessions confirmed.

R. v.. Ellis, et al.. 12 Law J.20,m; 7 J. P. 179.

; Houses devised to Trustees, for Payment of a Schoolmaster for the Poor,
rateable. .

Some dwelling-houses were devised: to a township, for the
maintenance of a schoolmaster, who was to instruct the poor of
the township gratuitously. The property was accordingly let
to tenants, who paid their rents to the trustees, by whom the
money was immediately paid over to the schoolmaster. It was
holden that the tenants were rateable for the property they thus
occupied, although the testator in his will desired that the
township would exempt the houses from all rates, and for one
hundred and twenty-five years previously to the present rate,
they were accordingly exempted.

Poor Rate. (Scientific and Literary Institutions.)

R. v. Phillips, et al., 8 Q. B. 745; 17 Law J. 83, m;
12 J. P. 217.
Birmingham News Room, rateable.
Upon the trial of a mandamus, by which the defendants, two
justices of the peace, were directed to issue their warrant of
distress against one Moore, one of the subscribers to a society
called “ The Birmingham News Room, a verdict was found foi
the Crown, subject to a case, which stated, that what is called
the Birmingham News Room is a society by which the periodica
papers and newspapers of the day are taken in and supplied for
the perusal of subscribers; share lists, and advertisements o/
sales, &c. are laid on the table by subscribers and others, fo1
perusal. Any individual (not personally objectionable) is per-
mitted to become a subscriber, on complying with the rules oi
tho society. The library contains several statistical and topo-
graphical works and directories, for the use of commercial persons
who are subscribers. The society is supported by the annual
subscriptions of members; but one of the rules provides for the
receipt of fees for notices and advertisements put up in the
news room, and the keeper thereof is to account for and dispose
of the balance of such receipts as the committee may direct. Nc
surplus of receipts above expenditure had ever arisen. The
question was, whether this was a society within stat. 6&7 Vict.
c. 36, s. 1, which exempts from poor rate buildings belonging tc
societies instituted, for purposes of science, literature or the fine
arts. ,

The Court held that this was not a society coming within the
exemption of stat. 6 & 7 Vict. c. 86, 8.1, as being “ institutec
for the purposes of science, literature, or the fine arts exclusively,’
or aa being a society which “by its laws may not make any
dividend, gift, division or bonus in money unto or between any
of its members ;” and consequently it was rateable to the poor.
They also held that the barrister’s certificate required by the
statute, was not conclusive proof of the society being such as ix
contemplated by the statute, but was merely one of the severa.
conditions on which the exemption from rateability depended.

5

R. v. Gaskell, et al., 16 Q. B. 472; 21 Law J. 29, m;
15 J. P. 755.

The Portico at Manchester, rateable.
The defendants, being rated to the poor for a building callec
“The Portico,” at Manchester, appealed against the rate; anc
a case was stated by consent for the opinion of the Court o
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS, 71

Queen’s Bench. The building was established for and used as
a library and news room. There were about 400 subscribers,
who paid annually £2 10s. each; they had a library of 15,000
books on scientific and general subjects, for reference, and for
circulation amongst them ; they had a reading room for maga-
zines, reviews, &c., and a news room for newspapers, reports of
the markets, notices of sales, &e.; and they had obtained the
certificate of the barrister required by the statute.

After argument, the Court held the appellants rateable. The
association was clearly not established “exclusively for purposes
of science, literature, or the fine arts,” as required by the statute;
and was, therefore, not within the exemption created by it.
Rate confirmed.

Purvis, et al. v. Traill, 18 Law J. 57, m; 18 J. P. 219.

The Greenwich Society for the acquisition and diffusion of Useful
Knowledge, rateable.

This was an action of trespass against a magistrate for grant-
ing a distress warrant for a poor rate, and the parties, by consent,
stated a case for the opinion of the Court of Exchequer. The
question was, whether “The Greenwich Society for the acquisi-
tion and diffusion of Useful Knowledge,” of which the plaintiffs
were trustees, was exempted from being rated to the poor, by
stat. 6 & 7 Vict. c. 36, s. 1. The society was originally
established for the acquisition and diffusion of useful knowledge
only, but they afterwards were in the habit of letting their
lecture hall for the purpose of meetings and exhibitions, &c.,
having no reference whatever to “science, literature or the fine
arts;” and the sums received were applied to the purposes of
the society, and formed about a fourth of their income.

The Court of Exchequer held that the trustees of the society
were liable to be rated. The ‘society did not come within the
stat. 6 & 7 Vict. c. 36, s. 1, as “ instituted for purposes of science,
literature or the fine arts exclusively ;” and a society cannot be
said to be instituted for one purpose, which is actually applied
not only to that purpose, but also to other and different pur-

poses.
Earl of Clarendon et al. v. The Rector, §c. of St. James's,
Westminster, 20 Law J. 218, m; 15 J. P. 340.

- The London Library, rateable.

The plaintiffs, trustees of the “ London Library,” were rated
for it, and appealed against the rates, and a case was stated by
consent for the opinion of the Court of Common Pleas. The
library was instituted for the purpose of furnishing the subscri-
bers with books of a superior class. They have a house in St.
James’s Square, which is daily open for the use of the members,
and a library there of 50,000 volumes, of which the members
have the use, and which are lent out to them if required. They
have printed catalogues of their library, which they sell to the
members under. cost price... The. society.is partly supported by
the voluntary annual contributions of its members, and it does
not, nor can it by its rules make a “ dividend, gift, division, or
bonus in money” to its members: It is certified as a society
exempted from rates under stat. 6 & 7 Vict. .c. 36, by the
barrister. appointed for that purpose. But besides their own
orcupation, they let a portion of their house to the Philological
Society, a portion to the Statistical Society, and a portion to the
Habryt Society, all societies established for the purposes of
science and literature exclusively, from whom they receive rents
amounting annually to £185, which is applied entirely towards
the expenses of the “ London Library.”

. The Court held that although they aeatie hold this society
exempt from liability to poor rates, if they occupied the rated
premises exclusively ; yet as‘they sub-let portions of their house
to other societies, the purposes of which the Court would not
inquire into, the society was rateable.

R. v. Cockburn et al., 16 Q. B. 480; S. C. nom. RB. v. St.
Martin-in-the- Fields, 21 Law J. 58, m; 16 J. P. 198.

United Service Institution, rateable.

The managing council of “The United Service Institution ”

being rated for it to the poor, appealed against the rate, and the
sessions confirmed it, subject to a case, which stated that. the
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS, 73

institution has two buildings communicating with each other,
one of which the trustees rent, the other the trustees hold under
the Crown free of rent. These buildings comprise a museum of
natural history, curiosities and armour, a library, alecture room,
and rooms for the meetings of the council. There are also
apartments for the use of the secretary, accountant, and house-
keeper, who reside upon the premises: but for these the appel-
lants did not claim exemption. The institution was designed to
be a central repository of objects of professional art, science, and
natural history, and for books and documents relating to those.
studies, and of general information, and the delivery, of lectures
on appropriate subjects. They do not, and by one of their rules
they cannot, make any dividend, &c. among the members; and
their institution was regularly certified by the barrister as being
within stat. 6 &7 Vict.c.36. The members consisted of princes
of the blood royal, officers or retired officers of the army, navy,
marines, militia, officers of the East India Company’s land or sea
services, lords lieutenant and deputy lieutenants of counties,
yeomanry, civil functionaries attached, or who have been attached
to the naval or military departments, navy and army agents, and
candidates for commissions on the list of the commander-in-chief,
besides honorary and corresponding members. There was an
entrance fee of £1, and an annual subscription of ten shillings.
The question was, whether the institution (not including the
portion occupied by the secretary, &c.) was exempt from rate-
ability by stat. 6 & 7 Vict. c. 36, s. 1.

After argument, the Court held the institution to be rateable;
the art of war, or as it was called “ professsional art,” for which
it was principally intended, was certainly not one of the “ fine
arts” within the meaning of the statute; and although the
institution was in some respects applied to the purposes of
“ science and literature,” it was not exclusively so as required by
the statute. Order of sessions confirmed.

R. v. Manchester, 16 Q. B. 449; 20 Lam J.118; 15 J. P. 198,
The Royal Manchester Justitution, not rateable.

“The trustees of the Royal Manchester Institution, being rated
to the poor, appealed against the rate, and the sessions decided
in their favor, subject to a case as to whether the institution w:
exempted from rateability by stat. 6 & 7 Vict. c.86. The pu
poses for which the institution was founded, were declared b
their rules to be for the promotion of literature, science, and tl
arts; and they had. obtained the certificate of the barrister unde
the statute. They built their own premises on land which the
had purchased, a part of which (which was the subject of th
present rate) was occupied’ for the purposes of the institution
and they let off the remainder to tenants, who were separatel
rated for it, and the rents formed part of the general funds ¢
the society. The institution is used for lectures delivered o
scientific and literary subjects, for conversazionés, for exhibition
of paintings and works of art, annually or oftener. As to th
exhibitions, the paintings, &c. of members are admitted free
those of strangers on payment of an entrance fee; ‘the societ:
pay the carriage of those brought from a distance, and if sold
they charge five per cent. on the price, which, however, does nc
pay the expense of the carriage. By the deed of settlement, i
case the institution be dissolved, the trustees shall sell the pre
mises, and distribute the price amongst the life governors.
After argument, the Court held the institution not rateable
they were established exclusively for purposes of science, litera
ture, and the fine arts; it is supported wholly or in part b
annual voluntary contributions; and by its laws it may not
whilst it subsists, make any dividend, &c. amongst its members
As to their letting parts of their premises to tenants, it is :
sufficient answer that the tenants are rated for them, and the:
form no portion of the premises for which the society is rated
It is objected that the society receive a per centage on the sal
of the paintings brought from a distance ; but that does not pa:
the expense of the carriage. It is also objected that stranger:
on being admitted to the exhibitions pay a small fee; but thi
may be considered a voluntary contribution of the visitors, am
the money is applied to the purposes of the society. And lastly
it was objected that upon the dissolution of the society, the pro
perty is to be sold, and the money divided among the members
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS, 75

but this is a power the trustees would possess, independently of
the deed of settlement, and which it is clear the stat. 6 & 7

Vict. c. 36, was not intended to prevent. Order of sessions
confirmed.

The Governors of the Russell Institution v. St. Giles-in-the-
Fields and St. George, Bloomsbury, 8 E. § B. 416; 28
Law J. 65, m; 18 J. P. 129.

The Russell Institution, rateable.

The governors of the Russell Institution being rated for it,
appealed, and a case was stated by consent for the opinion of
the Court of Queen’s Bench. The society consists of share-
holders, and annual subscribers, the former paying one guinea
annually, the latter two. They purchased their building, which,
besides the institution, comprises baths and wine cellars, which
they let to tenants, who are separately rated for them. The
part occupied by the society comprises a theatre or lecture room,
a library containing about 18,000 volumes in every department
of literature and science, a newsroom supplied with 24 daily and
some weekly newspapers, reviews, magazines, &c. and a residence
for the librarian, The governors contended that they were
rateable only for the residence of the librarian, but as to the rest
they were exempt from rate by stat. 6 & 7 Vict. c. 36,s.1,in
respect of which they had obtained the necessary certificate of
the barrister; and by one of their rules, no dividend could be
made to any of the members.

After argument, the Court held that the appellants were
rateable. Besides it being doubtful whether the society was
maintained in part by voluntary contributions, the one and two
guinea subscriptions being for value, and not in strictness a
contribution within the meaning of the statute,—the Court
thought thats part of the establishment consisted of a news-
room, furnished with newspapers, &c. the members could not
when reading these be considered as cultivating science, litera-
ture or the fine arts. Judgment for the respondents.
Scott v. St. Martin-in-the-Fields, 5 E. §& B. 558 ;
25 Law J. 42, m; 20 J. P. 420.
The Working Man’s Educational Union, rateable. <-

Scott, as secretary to “The Working Man’s Education:
Union,” being rated for the house in which the business of th:
' establishment was transacted, appealed, and a case by conse1
was stated for the opinion of the Court of Queen’s Bench. Scot
for the purposes of the society, attended at. the house dail
but did not reside there. The establishment had for its object tk
support of the efforts variously put forth forthe “ elevation of tk
adult operative population, as it regarded their physical, inte
lectual, moral and religious condition;” and the object we
sought to be carried out, by aiding all persons desirous «
imparting interesting and popular literary and scientific teaching
imbued with a sound christian spirit, either by the delivery «
lectures, the formation of libraries, or the promotion of mutu:
instruction. The plan was to promote, encourage and assist th
above objects, by the preparation of cheap diagrams, drawing:
maps, &c., to prepare or recommend lectures, to publish, selec
or recommend cheap works of a popular character upon gener:
literature, science, history and biography ; and ‘in a statement «
results, debates were stated to have taken place in the province
on such subjects as—“ ought we to ask for the ballot?—tk
voluntary principle or an establishment, which ?—is total abst
nence from alcohol compatible with health and vigour, mental an
physical?” &e.
‘ After argument, the Court held the appellant rateable. Th
society might be a very laudable one, but it was clear that
was not “a society instituted for purposes of science, literatur
and the fine arts exclusively,” to which alone the exemptio
from rateability was given by stat. 6 & 7 Vict.c.36,s.1. An
lectures would come within the scope of the institution, whic
‘might fairly be considered as leading to the elevation of tl
working classes as regards their physical condition, such :
lectures teaching them how their lodging, clothing and foc
might be improved ; and there are discussions on the ballot, tl
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS. 77

abstinence from alcohol, and other matters clearly not within
‘the meaning of the statute, reported and approved of. Judg-
ment for the respondents,

Purchas and the Cambridge Philosophical Society v. The
Overseers of the Parish of The Holy Sepulchre, 4 E. § B.
156 ; 24 Law J.9 m; 18 J. P. 724. ,

Cambridge Philosophical Society, rateable.

The appellants being rated for the house used and occupied
by the Cambridge Philosophical Society, appealed, and a case
was stated by consent for the opinion of the Court of Queen’s
Bench. The Society in 1819 were incorporated by charter, for
the promotion of philosophy and natural history; but they
afterwards added a reading room to their establishment, which
was open to the resident members daily, and was furnished
with all the newspapers, reviews, &c. About one-ninth of
their library did not relate to matters of science, and besides
the bye-laws, which related to the society as incorporated, there
were distinct rules, called “ the reading room regulations ;” and
the resident members who had the constant use of the reading
room, paid a higher annual contribution than the members who
were not resident. Purchas was the curator of the society,
and resided upon the premises for the performance of the
duties of his office; but the question for the Court was, whether
the society or Purchas were rateable for the whole or any part
of the premises. The Society claimed exemption under the
stat. 6 & 7 Vict. c. 86, and had obtained the certificate of the
barrister to that effect.

After argument, the Court held that the society was rateable
for the whole of their premises. When they were incorporated,
it was designed that they should cultivate philosophy and
natural history only, and were then a society instituted for
purposes of science exclusively. But the Court could look
only to the manner in which the institution was conducted at
the time the rate was made, and it was clear that at that time
the purposes were not exclusively scientific: on the contrary,
(O PUUK HATH. SULENTIFIU AND LITBEHANY INDLLEULLUIND

the principal object of the resident members seems to have bee
to obtain political information, and by far the largest portion «
their disbursements was for newspapers; but however laudabl
that might be, the society, under the circumstances, could no
be said to be instituted “for purposes of science, literature o
the fine arts exclusively,” within the meaning of the statuti
Judgment for the respondents.

St. Mary-le-bone v. The Zoological Society, 3 H. § B. 807
S.C. nom. R.v. The Zoological Society, 23 Law J. 139, m ;
18 J. P. 489.

Zoological Society, rateable.

The Zoological Society of London being rated in the parish c
Mary-le-bone, for that portion of their gardens and building
which were within the parish, appealed, and a case was statec
by consent, for the opinion of the Court of Queen’s Bench. Th
society was incorporated by charter in 1829, “ for the advance
ment of zoology and animal physiology, and the introduction
new and curious subjects of the animal kingdom ;” their garden
in the Regent's Park comprise 25 acres, and contain buildings ¢
residences for the keepers, porter’s lodge, greenhouses, house
for the animals, aviaries,and a museum for stuffed birds an
animals. The fellows pay £5 a year, subscribers £3, for whic
they have the privilege themselves and certain numbers of the:
family and friends of visiting the gardens at all times, Sunday
included, and the gardens are open to the public on all day
except Sundays, on payment of 6d. or 1s. Confectionary an
other refreshments are sold upon the premises, by a person wh
pays the society a large annual sum for the privilege. And
band attends and plays every Saturday during the months «
June, July and August. The society claimed exemption fro1
rate, under stat. 6 & 7 Vict. c. 86, and had obtained the barrit
ter’s certificate under the Act, for the purpose.

After argument, the Court held the society to be rateabl
This society, although deserving of the highest commendatior
and although it had, no doubt, essentially contributed to tt
advancement of natural science, had not that as their exclusix
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS. 79

object, they had another, namely, amusement, which although
of a most innocent and laudable kind, still differed from the pure
pursuit of science. And the subscriptions cannot be said to be
voluntary, within the meaning of the statute, as they are paid
for the amusement the members derive from their access to the
gardens. Judgment for the respondents.

R. v. Brandt et al..16 Q. B. 462; 20 Law J. 119, m;
15 J. P. 191.
Manchester Concert Hall, rateable.

The appellants being rated for.“ The. Manchester Concert
Hall” appealed, conceiving the society to be. exempt. from rate
by stat. 6 & 7 Vict. c. 36, 5.1. The recorder at the sessions
held the society to be exempt, subject, however, to a case. The
hall was built from funds (about £8,000) contributed by certain
members, and was vested in trustees, in trust to pay off that
sum with interest, and subject thereto, for the society. There
were about 600 members, paying an annual contribution of
£5 5s., who besides their own admission, are entitled to two
tickets for each concert, transferable to ladies generally, or to
gentlemen residing more than six miles from Manchester. There
are also a. number of quasi members, admitted by ballot, who
pay £2 12s. 6d. annually, who are not entitled to transferable

‘tickets, but have merely admission for themselves. These sub-
scriptions amount annually to about £38000, out of which are paid
the expenses of furniture, repairs, &c., and payment of most of
the vocal and instrumental performers, and the residue is applied
in reduction of the debt incurred in the building. The music
performed is of a superior class, and has decidedly improved the
science and practice of music in that part of the.country. One
concert had been. given in the building, for the benefit of the
Manchester infirmary, to which the public were admitted on
payment, and which produced £1,000, but no portion of this
came to the directors, &c. of the concert hall, who had given the
use of the building gratuitously to the infirmary for the purpose.

After argument, the Court held ‘the Manchester Concert
Hall” rateable. Although music is one of the fine arts, yet the
80 Poor RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS.

society could not be considered as instituted “for purposes of
science, literature, or the fine arts exclusively” within the meaning
of the statute; on the contrary, the principal objects the mem-
bers seem to have had in view, was their own.amusement, and
not the advancement of the art from which that amusement
arose ; the society are in fact but a club of gentlemen, associated
for the amusement of themselves and their families, which is
their primary object. The Court added, that if this society were
otherwise entitled to exemption, they should not have thought
them disentitled by the accidental use of their rooms upon an
occasion for a purpose of pure charity. Order of sessions
confirmed.

St. Ann, Westminster v. The Linnean Society, 3 E, § B.798;
23 Law J. 149, m; 18 J. P. 504.

Linnean Society, not rateable.

The Linnean Society being rated to the poor for their house
in Soho Square, appealed, and a case by consent was stated for
the opinion of the Court of Queen’s Bench. The house is
situated partly in Soho Square, partly in Dean Street; and the
part in Soho Square was formerly let to the society by a person
of the name of Brown, who was tenant of the whole of it, he
(Brown) retaining to himself the part which was in Dean Street ;
but afterwards upon the expiration of Brown’s lease, the society
took a lease of the whole of the premises, occupied the part
fronting the square, and underlet the remainder to Brown. And
the society were then rated for the part they occupied, and Brown
for his part. The society were incorporated for the cultivation of
the science of natural philosophy, and every kind of improvement
in the arts and sciences; it was managed by a president and
some of the fellows. At the society’s meetings, papers on
‘natural history were read and discussed, and some of them
printed among the society’s transactions; copies of these trans-
-actions were circulated among the fellows, and given to other
institutions, and copies were also sold to defray the cost of
‘printing and publication. The society was supported in part by
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS. 81

annual contributions paid by some of the fellows, and sums paid
by others of the fellows in lieu of contributions. Two of the
rooms occupied by the society were used as a dwelling for the
‘clerk, librarian and housekeeper of the society, and the porter of
the society also resided upon the premises; these officers paid no
rent, but the valne of the use of their rooms was taken into
account in the amount of their salaries, The remainder of the
apartments were entirely appropriated to a museum, library, and
other rooms, suitable and necessary for the purposes of the
society.

After argument, the Court held that the society were not
rateable; they were established for the purposes of science exclu-
sively, and were supported in part by voluntary contributions
within the meaning of the statute. The residence of the librarian
on the premises, being subsidiary and necessary for the purposes
of the society, did not deprive them of their exemption ; nor did
the mere circumstance of the society underletting part of their
premises, deprive them of it. Judgment for the appellants.

Birmingham v. Shaw e al.,10 Q.B. 868; S. C. nom. Be
parte The Overseers of the Poor of Birmingham, in re
The Birmingham New Library, 18 Law J. 89, m.;
13 J. P. 395.

The Birmingham New Library, not rateable; but they must contest their
rateability by Appeal.

A society called “The Birmingham New Library,” was
established at Birmingham; and a party on paying two guineas
on becoming a member, and 20s. annually in advance, was
entitled to the use of the books in the library, or to take them
home to read. There was no actual contract to pay this annual
sum, but if subscriber did not pay it, he ceased to have the
use of the library. Members had the power of transferring their
shares to others, who would submit to the laws of the society.
By one of their laws, no dividend, &c., was to be made to the
members. Their president had been rated for the premises
occupied by the society, in no less than ten consecutive poor

rates, from the year 1843 to 1848; but he neither appealed
a
2 POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS.
against, nor paid, the rates. At last the parish officers summonet
the president before the defendants, two Magistrates of th
borough, to show cause why payment of the rates should not b
enforced by distress; and the only question was, whether th
society was one established for the purpose of literature exclu
sively within stat. 6 & 7 Vict. c. 36, and as certified by th
Barrister under that Act in the year 1845. The parish officer
contended that as the society had not appealed, they were boun:
to pay the rate; and they also contended that this was not:
society supported in part by voluntary contributions, and there
fore not exempt by the statute. And the Justices decided tha
up to 1845, before the society obtained the Barrister’s certificate
the society was rateable; but that they were not liable for th
rates since made. The overseers then applied to the Court o
Queen’s Bench for, and obtained, a rule nisi to the Justices t
show cause why they should not issue a distress warrant for th
arrears, or why a mandamus should not issue, commanding then
to do so,

After cause shown, the Court held that this appeared to be
society established for the purpose of literature exclusively ; th
contributions were “ voluntary” within the meaning of the Ac
for the members might pay them or not, as they thought fit, c
might withdraw their subscriptions at pleasure, without subjectin,
themselves to any legal liability; and by one of their rule:
framed in the very words of the statute, they are not to mak
any “ dividend, gift, division or bonus in money to or betwee
any of the members;” and the power given to the members t
transfer their property in the library, is no contravention of thi
latter rule. It was argued also, that the society might dissolv
itself, in which case the property would be divided among th
members; but the Court held that such a division, if made, wa
not such a dividend as was contemplated by the Act. Th
society were therefore exempted from rateability by the statute

But although the Court held that the society were thu
exempted from being rated, the question still remained whethe
they could set up this exemption, not having appealed agains
the rates. And the Court held that they could not; the societ:
POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS. 83

were in possession of property which was primd facie rateable
to the poor by the stat. 48 Eliz. c. 2; and they had many
things to prove to show that they were exempt by stat. 6 & 7
Vict. c. 36, all which matters were within the jurisdiction of the
Justices at sessions, and should have been decided by them.
This is a very different case from the rating of a person for
property which is not within the parish, for there the rate is
void; but here it is voidable only on appeal. Rule absolute.

R. v. Jones, 8 Q. B.719; 15 Law J. 159; 10 J. P. 581.

Sewb.: The Religious Tract Society, not exempt from Rate by 6 & 7 Vict.
ec. 36. To exempt a Society, it must be expressly provided by one of its
Rules, that no Dividend shall be made.

The “ Religious Tract Society” obtained from the Barrister,
under stat. 6 & 7 Vict. c. 36, a certificate that their society was
within the Act. Against this one of the ratepayers appealed ;
and the sessions annulled the certificate, subject to a case. The
society is composed partly of members of the Church of England,
partly of dissenters, and it publishes here and abroad religious
books and treatises, some exclusively on religious subjects, others
on light, heat, electricity, zoology, &c. The members consist
either of members for life, on payment of ten guineas, or of sub-
scribers who pay annually half-a-guinea. No dividend, gift, or
bonus is in fact ever made to or amongst their members, but
they have no rule to that effect.

After argument, the Court held that the latter point was
‘decisive; the statute required not only that no dividend should
be made, but that by a rule of the society no dividend could be
made amongst its members, which was not the case in this
instance, and therefore the certificate was erroneously granted.
As to the society. it was a matter of great doubt whether it was
a society, within the meaning of the Act; it was a religious
society, and if the legislature intended to exempt such societies,
they would have said so. Order of sessions confirmed.

a 2
34 POOR RATE.—SCIENTIFIC AND LITERARY INSTITUTIONS.

R.v. Pocock, 8 Q..B. 729; 15 Lan J. 182, m; 10 J. P. 55

The British and Foreign School Society, not exempted from Rate by 6 &
Vict. c. 36.

The “British and Foreign School Society” obtained tl
Barrister’s certificate, under stat. 6 & 7 Vict. c. 36, that the
society was within the Act; against which there was an appe
by aratepayer, and the sessions dismissed the appeal, subje
to acase. The society was established for promoting the ed:
cation of the labouring classes, and a school to educate childre
was to be maintained by it for the supply of teachers to tl
inhabitants of all parts of the British dominions at home ar
abroad, as should be desirous of establishing schools on tl
British system; and a normal school formed a principal part
the institution. By the rules of the society also, no member
the committee was to receive any pecuniary advantage from tl
society, nor was any dividend or bonus in money, or otherwik
to be made to any of its members. It was to be supported |
voluntary contributions; but the teachers in the normal scho
and some others paid a weekly sum, towards their board, whi
however did not amount to the cost of it, and no profit w
made by the sale of books.

After argument, the Court held that this was not an instituti
within the meaning of the Act: it was partly for the educati
of children, and could therefore not be deemed a society institut
for the purposes of science, literature, or the fine arts exclusive
and consequently not within the Act. It was objected by t
respondents that the appeal was not in time. But the Cor
held that it was in sufficient time; the Act gives two periods
limitation, one of four months from the first assessment after
certificate is filed, the other of four months from the assessme
next after the exemption is claimed; and here the appeal v
within the latter clause. Order of sessions quashed.
POOR RATE.—-RAILWAYS. 85

R. v. Stacey, 14 Q. B. 789; 14 J. P. 415.
Appeal against the Barrister’s Certificate under 6 & 7 Vict. c. 36.

An appeal being entered at sessions against the certificate of
the Barrister under stat. 6 &7 Vict. c. 36, that a certain society
was within the Act, the sessions annulled the certificate and
allowed the appeal. The respondent then obtained a rule
nisi to remove the order of sessions, first, on the ground that the
sessions had erroneously determined the matter on a preliminary
objection, without going into the merits; but the Court held
that a mandamus, and not a certiorari, was the proper remedy
in such a case : and secondly, because the order stated merely by
way of recital, that the appeal was by the appellant “as a
parishioner and ratepayer,” without stating that as a fact; but
the Court said that the order stated that the appellant “as a
parishioner and ratepayer of the said parish” in which the
institution is situated, conceived himself aggrieved, and having
his petition before them, they had jurisdiction to entertain the
appeal. Rule discharged.

Poor Rate. (Railways.)

R. v. Grand Junction Railway Company, 4 Q. B. 18,
13 Law J. 94 m.; 8 J. P. 310.

Railway, how rated.

Upon an appeal by the Grand Junction Railway Company
against a poor rate for the parish of Seighford, the sessions
‘confirmed the rate, subject to a case, which stated—That the
‘Company are proprietors of a railroad leading from Birmingham
to Newton, where it joins the Liverpool-and Manchester line ;
they are also proprietors of a railway leading from Crewe to
-Chester, but this and their other railway are managed as one
concern. Over these, and over the Liverpool and Manchester
line, they exercise the trade of carriers, providing their own
carriages, engines, &c., paying the Liverpool and Manchester
‘Company a toll for the use of their line. There are other per-
30 POOR RATE.—RAILWAYS.

sons who exercise the trade of carriers over the Grand Juncti
lines, some using their own carriages and engines, and payii
the company a toll, others using their own carriages, but beir
furnished with motive power by the company, paying the cor
pany for the same, as also a toll for the use of the line. £15(
was the sum they received as tolls for that part of the w:
(about a mile) which was in the respondent parish, and whi
would be the gross sum a lessee of the tolls would receive, w.
did not act as carriers; and the appellants contended that tl
ought to form the basis of their portion of the rate. But recko
ing tolls, and also their receipts as carriers (not reckoning th«
profits on the Liverpool and Manchester line), the amount wou
be £4190. There were no stations or buildings belonging to t.
company in the respondent parish, but they were rated separate
from the way, in the other parishes in which they were situat

The appellants contended that they were rateable only |
£1500 as the gross annual value, and that the necessary dedu
tions (which are mentioned in the case) being made from th
sum, would leave a net rateable value of £710 10s. And th
wholly repudiated the attempt to rate them on the profits th
derived from their trade as carriers upon the lines.

The respondents on the other hand contended that the fi
mode of rating, was to take the amount of all the profits t
appellants derived from their railway, in the manner in whi
they occupied it, and then deducting the necessary outgoings a:
expenses, and a sum for tenant's profit, would give a sum whi
a tenant from year to year might be supposed to give for t
lines, in conformity with the Parochial Assessment Act, 6 &
W. 4, c. 96; then dividing that sum by 105 (the length of t
two lines), would give the rateable value ofthat part within t
parish. And they specified the following as the deductions
‘be made :—

5 per cent. on £255,000, being the.sum invested by the co:
pany in engines, carriages, and other moveable stock.

20 per cent. on the same, for tenant’s profits on his capital.

123 per cent. on the same, for depreciation of that stock.

£198,962, being the appellant’s reasonable annual costs

conducting their business.
POOR RATE.——RAILWAYS. 87

£9150 for stations, &c. rated in othet parishes.

£30 a mile for removing and reproducing rails; &e.

This would leave a balance of £135,589 as the sum a tenant
might be supposed to give as a rent for the two lines, and which
would therefore be the rateable value for the whole; and which
being divided by 105, would give the sum at which the company
were rated in the present rate. The appellants, however, sought
to add to these deductions a sum they would be entitled to for
good-will.

The Court held that the principal objection made.by the ap
pellants could not be sustained. It had already been decided in
the case of The London and South-Western Railway (1 Q. B.
558), that in estimating the rateable. value of the way, parish
officers are to consider, not dryly and only what would pass by
a demise of it to'a tenant, but all the existing circumstances,
whether permanent or temporary, wherever situated, however
arising or secured, which would reasonably influence the parties
to a negociation for a tenancy, as to the amount of the rent to
be asked or given; they must look to the actual state and value
of the occupation ; and it was decided that the profits derived
by the company from their traffic as carriers on the line, was
properly taken into account, in estimating the annual value of
their occupation. In that case, indeed, it appeared that the
company were the sole carriers upon the line; and the appel-
lants would distinguish that case from the present one, as here
other persons are carriers on the lines, making the same profits
from their trade of carriers as are made by them, the appellants,
but for which they are not and cannot be rated. But there
really is no difference in principle between the two cases. Each
of the two companies must be rated in respect of the occupation
of the land; one of them derives no benefit from that occupation,
except by carrying on, upon the land, the business of conveying
goods and passengers; the other, in addition to this mode of
profitably occupying, also derives a profit from allowing others
to carry goods and passengers on the land also; and this latter
profit is properly called tolls. Still, in both, the inquiry must

be the same—What is the value of the occupation, from what-
88 POOR RATE.—RAILWAYS.

ever source derived? In neither can the profits of trade, a
such, be brought into the rate; but if the ability to carry on 4
gainful trade upon the land, adds to the value of the land, that
value cannot be excluded merely because it is referable to the
trade. Suppose a house, occupied by a private family to-day,
which, having great advantages of situation for the purposes of
trade, is turned into a shop to-morrow, and in consequence, lets
for double or treble the former rent; would not the rate be
properly increased in proportion? Could it be objected that to
do so was to rate the profits of trade? Again, supposing the
occupier was to let out ditferent rooms to other persons carrying
on the same trade as himself, and this mode of occupying was
still to increase the value of the house to let; would this at all
vary the principle on which he was rated, although it might
increase the quantum? The deductions here made from the
pross yearly receipts, seem to include whatever is properly
referable to the trade, and distinguishable from the increased
value which the trade gives to the land. We do not now speak
of the amounts allowed under each item, and we decline to give
any opinion upon this point, which is properly for the sessions;
but if these are the proper deductions, then the residue must
represent the value of the occupation. The appellants, however,
contend that another deduction, which ought to be made and is
not, namely, an allowance for good-will, has been omitted; but
such allowance should not be made; the purchase of a good-
will implies that a trade is sold, which, however, would not be
the case here, for immediately after letting their lines to a
tenant, the company, as part of the public, would still have a
right to carry on their trade as carriers on the lines, retaining
all the good-will, with all those advantages which the Railway
Acts have carefully reserved for the public. It is objected that
this mode of rating is inconsistent, that whilst the company
are carrying on their trade of carriers on their own line, they
are rated for the profits of their trade, but the instant they pass
off their own line on to the Liverpool and Manchester, although
they are still carrying on their trade of carriers, and deriving
the same nrofits from it. thev are not rateable in respect o!
POOR RATE.—RAILWAYS. 89

them. But there is no inconsistency in this; the moment the
engine leaves the railway of the company, what it earns ceases
to have any connection with their occupation of the railway; it
adds to the value of the occupation of the other railway, in
the shape of toll, and for which the other railway company
are rated.

Rv. The Great Western Railway Company, 6 Q. B. 179;
15 Law J. 80, m.; 10 J. P. 57.

Railway, how rated to the Poor.

The Great Western Railway Company were rated in the
parish of Tilehurst for that part of their railway which passed
through that parish. - They were rated in two rates, one made
in November 1842, the other in February 1848, against both
of which they appealed, and the sessions confirmed the rates,
subject to a case. The length of railway passing through the
parish was two miles and one-sixteenth of a mile, and in the
first rate they were charged on £2475 (being at the rate of
£1200 a mile), and in the second £3093 15s., being at the rate
of £1500 a mile. But the questions for the opinion of the
Court were, upon what principle the company were to be rated,
and what deductions were to be allowed them, so as to ascertain
the rateable value. Their own railway was 118 miles in length,
but they leased also two branch railways, one 40 miles in length,
for which they paid a rent of £50,000 a year, and the other 18
miles, for which they paid £17,000 a year; they rented these
merely on account of the increased traffic they brought to the
principal line, but in fact the rents they paid exceeded the
actual receipts on these branches by the sum of £10,500. The
company did not maintain or repair these branches, but they
paid rates for them, and they carried on the business of carriers
on the whole of the three lines. The main’ line alone passed
through the parish of Tilehurst, and the company were rated
for it in this way:—the gross receipts of the three railways
(175 miles) were calculated at £644,000, or £3680 a mile.
Out of this was deducted £49,643 6s. 5d. for maintenance of
the way, £74,725 9s. for engines, repairs, wages, coke, &c ,
90 _” POOR RATE.—RAILWAYS.

£60,714.15s. Qd. for the repair’ of carriages, : stores, wages to
guards, conductors, police, &c., £23,126 2s. 11d. for superin-
_tendents, clerks, printing, stationery, &c., £1682 6s. 8d. for
repair of stations, £1536 10s. for damage by fire, accidents, &c:,
£25,783 4s. 6d. for Government duty, £11,840 14s. 8d. for
taxes and rates, £8647 5s. 7d. for direction and office. expenses,
and £20,000 were allowed for the annual depreciation of the
plant or moveable stock necessary for working the whole line,
amounting altogether to the sum of £277,205 14s, 11d., which
being divided by 175 (the number of miles of railway) gives
£1584 for expenses per mile; the parish also allowed the
railway company 5 per cent. as interest on their plant or
moveable stock (calculated at £580,000), and 10 per cent. as
tenant’s profit, which 15 per cent. amounted to £87,900, and
that being divided by 175, gave £497; these two sums, there-
fore, £1584, and £497, being deducted from the gross receipts
‘per mile, £3680, gave a rateable value of £1599 per mile, at
which the company were rated.

The company, however, claimed a deduction for the. stations
and other erections on the lines, for which they were rated
‘separately, and no part of which was within the parish; the
Court thought they were entitled to this deduction, whether the
‘stations, &c., were in or out of the parish. |

The company claimed also a deduction for income tax paid

by them (£10,000). And the Court held that they were en-
titled to so much of it as was a charge on the occupation, and
payable by the tenant.
' The company also claimed an allowance for the wear and
tear of rails and sleepers. The Court held that as it appeared
‘that they paid this out of their capital, and not out of their
revenue, they were not entitled to it.

They claimed also to be allowed 5 per cent. interest on the
sum expended in forming the company, and obtaining their
Act, additional parochial assessments not paid, but which would
‘be payable in consequence of the decisions of the Court as to
the rating of railways; and an allowance of the annual loss they
sustained by the two branch lines, amounting to £10,500: but
POOR RATE,—RAILWAYS. 91

the Court held that they were not entitled to any deductions on
those grounds.

On the other hand, it appeared that the allowance for tenant’s
profit had been made on the original value of the moveable
stock, which the sessions found had decreased in value by: the
amount of £80,000, and the Court held that the allowance
ought to have been made on the decreased value.

R. v. The London, Brighton and South Coast Railvay,
15 Q. B. 318 ; 20 Law J. 125 m., 148 m.; 15 J. P. 240.

Railway, how ‘rateable.

A part of the London, Brighton and South Coast Railway
passes through the parish of Croydon; and the company being
rated for it in that parish, and conceiving themselves to be over-
rated, appealed ; and the sessions amended the rate by reducing
the amount, subject to a case.

The company were rated for that part of their railway which
passes through the parish of Croydon, calculated upon the
earnings of the way in that parish; but they insisted that the
proper mode of rating would have been to ascertain the rateable
value upon the whole line, including ‘the trunk line and two
branches, and then to rate the company at a portion of that
sum, in the ratio of the length of way in the parish to the whole
length of the line. The Court, however, held, that the rate was
correct in this respect ; rating on the mileage principle, as con-
tended for by the appellants, however convenient it may be, is
not the legal mode required by the Parochial Assessment Act,
6&7 W. 4, c. 96; in conformity with that statute, the property
in each parish must be rated according to its value, irrespec-
tively of the property in any other parish.

The respondents, in allowing interest on the working plant,
‘calculated the value of the plant at £260,000, which was its
value in June 1847, when the last account was rendered by
the directors to the proprietors; but the company proved that
between that and November, when the rate was made, it had
increased in value to £350,000, on which sum the appellants
92 POOR RATE.—RAILWAYS.

insisted that the interest ought to be allowed; and the Cour!
held that the allowance ought to be made upon the greatei
sum, for the company should be rated according to the value
of their rateable property at the time of the making of the
rate.

Besides an allowance for the annual costs of keeping the way
in a working condition, the appellants claimed to be entitled tc
an allowance for the depreciation which takes place in the per-
manent way. ‘To this the respondents objected, because it dic
not appear that any part of the revenue of the company hac
been set apart for that purpose; and it was holden in RB. v. TI
Great Western Railway Company (ante, p. 89) that such «
deduction ought not to be allowed; but the Court, notwith.
standing the case cited, held that the company were entitled t¢

the deductions; in the case of house property, a sum is allowed
annually in the rate for repairs, although the repairs may not

be done annually.
There was a portion of the line in Croydon (2 miles and 64

‘ chains), over which the appellants had given the South Eastern

Railway the privilege of passing, in consideration of the latter
company allowing them to pass over an equal portion of their
railway, which was out of the parish, and the respondents
claimed to rate the appellants in this respect, in a sum equal tc
what it was supposed the South Eastern Railway ought to pay
for this privilege of passing over their line; but to this the ap-
pellants ohjected, as the equivalent was not received by them in
the parish of Croydon. The Court, however, held that they
were rightly rated in this respect; it was a rent in kind, which
the appellants received for the use of their railway in Croydon,

no matter where it was paid. Rate to be amended accordingly.

R. v. The South Eastern Railway Company, 15 Q. B. 344;
20 Law J. 188 m., 1438 m.; 15.7. P. 240.

Railway, how rateable.

This case was considered by the Court at the same time with
the last preceding case, as involving the samé peneiple as the

Pant wate eww An Be Slee eae ee Slssege exeediec.2 A Wiese, ces
POOR RATE.—RAILWAYS. 93

appeal by the company aguinst a rate made in the parish of
Westbere on their railway, they appealed; but the sessions
confirmed the rate, subject to a case.

The company’s railway consisted of a trunk line and several
branches, one of which branches passes through the parish for
the distance of 202 chains, and the parish rated the company
for the part of the branch line passing through the parish on
the mileage principle, that is, they first ascertained the rateable
value of the whole of the railway, trunk line and branches, con-
sidered as one joint concern, and then rated that part which
passed through the parish at a sum proportioned to the whole
value, in the ratio of the length of the railway in the parish to
the length of the whole trunk line and branches. To this the
company objected, because, although the expenses on the trunk
line and branches were the same, mile for mile, the earnings
were very different, the trunk line yielding much more than the
branches for the same distance; and the Court held that the com-
pany were wrongly rated: they should have been rated on the
parochial principle, and that part of the branch line passing
through Westbere, should be rated according to its value,
irrespectively of other parts of the trunk or branches lying in
other parishes. Order of sessions quashed.

R.v. The Midland Railway Company, 15 Q. B. 353;
20 Law J. 140 m., 143 m.; 15 J. P. 240.
Railway, how rateable.

This case was considered by the Court at the same time with
‘the two preceding cases. The company were rated for 12 miles
of their trunk line passing through the parish of Busford on
the mileage principle, as in the last case; but the Court held
that they ought to be rated for it on the parochial principle.

R.v. The Great Western Railway Company, 15 Q. B. 379,
1085; 21 Law J. 84 m.; 16 J. P. 164.

Railway, how rateable.

The Great Western Railway Company were rated for a branch
line, called the Berks and Hants Railway, which had originally
94 POOR RATE.—RAILWAYS.

belonged to another company, but was purchased by the Great
Western, who connected it with their trunk line, and by Act of
Parliament it was made a part of their railway. A certain
number of engines ‘and carriages, and a separate staff of officers
and servants were appropriated to that branch exclusively, but
no separate accounts of receipts and expenditure were kept for
it, as distinguished from the rest of the railway. For a portion
of this branch (23 miles) passing through the parish of Tile-
hurst, the Company being rated, they appealed, and at the
hearing, the matter was referred to arbitrators, with liberty if
they should think fit, to state a case for the opinion of the Court
of Queen’s Bench.

The parish had rated the company on the mileage principle,
taking the gross receipts of the whole railway, trunk and
branches, and deducting therefrom the whole of the expenses,
and making allowance for interest and tenant’s profit, the
balance giving the rateable value of the whole way; and they
‘then ascertained the rateable value of the 23 miles of way in
Tilehurst, in proportion to the length of the whole line. The
appellants, on the other hand, contended, that as to the expenses
to be deducted, they should be confined to the branch line alone,
those common to the whole branch to be calculated on the
mileage principle, those peculiar to parts of it on the parochial
principle: and they then gave the estimate. But they con-
tended also, that an allowance should be made towards the
renewal and re-production of the rails and frame-work of the
branch railway, and also for the renewal and re-production of
the moveable stock employed on it, besides the allowance for
annual repairs.

The award of the arbitrators, stating these matters, was
brought before the Court of Queen’s Bench, by way of case.
The Court, after argument, and after taking time to consider of
their judgment, held that the appellants were entitled to a
deduction for the two sums claimed by them for the renewal
and re-production of the rails and frame-work, and of the stock;
but they held that the appellants were not warranted in insisting
that as to the expenses to be deducted, the branch lines should
POOR RATE.— RAILWAYS. 95

be treated separately from the trunk, for the branch was ab-
sorbed into the trunk, and the fusion was complete: all, there-
fore, must be treated as one railway; but still, as the gross
receipts and the expenses may not be at one uniform rate per mile
throughout the entire railway (and, indeed, it was so stated in
the case), not only the gross’ earnings, but the expenses also
must be calculated on the parochial principle. If, indeed, there
were expenses which were common to the whole line (including
those which, though seemingly local, were in fact general, and
had reference to the whole way, such as a tunnel, an inclined
plane, or the like), they might conveniently be calculated on
the mileage principle. The Court referred the matter back to
the arbitrators, to have the rate amended accordingly.

The South Eastern Railway Company v. The Overseers of
Dorking, 3 E. § B. 491; 23 Law J. 84,m.; 18 J. P. 182..
Railway, how rateable.

The South Eastern Railway being rated for a part of a branch
railway in the parish of Dorking, appealed; and a case by
consent was stated for the opinion of the Court of Queen’s
Bench. The Reading, Guildford and Reigate Railway Company
were authorized by an Act of Parliament, to make a railway from
the Great Western Railway at or near Reading, to join the
South Eastern Railway, in the parish of Reigate. They accom-
plished this, and then they let their railway on lease to the
South Eastern Company for 1000 years, at £33,000 a year, and
£8000 a year as interest on £200,000 which the Reading,
Guildford and Reigate Company had been obliged to borrow, to
enable them to make their railway. By a subsequent Act, the
Reading Company was dissolved, and their railway vested in the
South Eastern Company, the latter undertaking to pay the
shareholders in the Reading Company £41,000 a year. In
rating the South Eastern Company for a portion of this railway
which was in the parish of Dorking, the overseers had founded
their valuation of the rateable value of the way on this rent of
£41,000, which sum they said should be distributed among the
96 7 008 RATE.—RAILWAYS.

ee apie through which the railway passed; but the gross
earnings of this way, less the deductions mentioned in the
“Parochial Assessment Act, did not amount to this sum, but on
the other hand, this branch line brought a great deal of traffic
to the main trunk line of the South Eastern Railway. The
question for the Court was, whether the company were properly
rated upon this principle, or whether they ought not to have
been rated on the net profit of the traffic passing through
Dorking, irrespective of this rent paid by them.

The Court held that, under the circumstances, the rent was
not the proper criterion for ascertaining the rateable value of
the branch line. Lord Campbell, C. J., and Coleridge and
Crompton, JJ., held also that the value of the branch line, as a
feeder to the trunk line, should be taken into account in ascer-
taining the rateable value; but in other respects the rateable
value should be ascertained in the same manner as in other
railways. Zrle, J. was of opinion that the value of the branch
line as a feeder to the trunk line, could not be taken into account
in determining the rateable value of the branch line, for the
benefit (if any) was derived by the trunk line, which was not in
the rating parish. Besides all distinction between branch and
trunk line was done away with by the Act, which vested the
trunk line in the company; it was now all-one line. In other
respects, his Lordship agreed with the rest of the Court.

The Newmarket Railway v. The Overseers of St. Andren-the-
Less, Cambridge, 3 E. § B.94; 23 Law J.76,m.; 18 J. P. 348.

Railway, how rateable.

The Newmarket Railway Company, being rated for their
railway in the respondent parish, appealed, and a case by consent
was stated for the opinion of the Court of Queen’s Bench. It
appeared that the Eastern Counties Railway Company, in con-
sideration of the benefit likely to accrue to them from the New-
market Railway, had agreed with the latter company that
whenever the net earnings of their railway should not be suffi-
cient to pay a dividend of three per cent. to its shareholders, the
POOR RATE.—TOLLS. ‘ 97

Eastern Counties Company would pay them such a sum as
would make up their dividend to that amount. In 1851 the
Eastern Counties Company accordingly paid to the Newmarket
Company £8705, to make up their dividend to three per cent.
In rating the Newmarket Company in 1852, they were rated,
not only on the profits of their railway, but also on this sum of
£8705 as part of their profits. And the question was, whether
this sum should be deemed profits of the railway, in estimating
the rateable value of the Newmarket Railway.

After argument, Erle and Coleridge, JJ. (dis. Lord Camp-
bell, C. J.), held that this sum gf £8705 ought not to be included
in the rateable value of the railway, as it was not part of its
earnings, but merely a payment arising from a collateral contract
of guarantee. Lord Campbell was of opinion that this sum
ought to be included in the rateable value of the way, for it
was received by the appellants in respect of their occupation
of the way, and was part of the profits of that occupation ; it
rendered the railway more valuable and productive, and conse-
quently enhanced its rateable value.

Poor Rats. (Toils.)

Lemis v. The Overseers of Swansea, 5 EF. § B. 508;
25 Law J. 35, m.; 20 J. P. 228.

Tolls per se not rateable.

The appellant being rated for a certain “ quay, and tolls and
dues,” appealed, and a case was stated by consent, for the opinion
of the Court of Queen’s Bench. It was stated that along the
western shore of the harbour of Swansea, and within the borough,
all goods imported or exported were landed on and shipped from
the quays, which were the soil and freehold of the corporation,
except two, which belonged to the Duke of Beaufort. Some of
the corporation quays were leased to private individuals. Tolls
and dues were payable to the corporation for the landing and
shipping of goods, not only on their own quays, but on those
also of the Duke of Beaufort’s, and were described as “town

H
98 POOR RATE.—TOLLS,

‘dues,” and sometimes as “quayage;” these they have received
immemorially, and the origin of their right is not known. The
lessees of the quays were rated for their occupation, without
taking into account these tolls and dues, which were received by
the appellant under an agreement with the corporation, and for
which he paid them an annual rent. The question was, whether
the appellant was rateable for these tolls.

After argument, the Court held that neither he nor the
corporation were rateable for them. These tolls and dues
appeared to be entirely irrespective of the use of the soil, and as
mere tolls and dues, were not rateable. If, indeed, they were
payments made for the use of the soil, and the corporation or
the appellant were in the occupation of the quays, it would be
otherwise. Judgment for the appellant.

R. v. The North § South Shields Ferry Company, 1 #. § B.
140; 22 Law J.9,m.; 17 J. P. 21.

Tolls of a Ferry, not rateable.

The North and South Shields Ferry Company being rated in
North Shields for “a certain ferry, landing and tolls,” appealed,
and the sessions confirmed the rate, subject toa case. The ferry
was across the river Tyne, between North and South Shields,
and was the property and in the occupation, of an incorporated
company, who by their Act had authority to purchase land on
each side of the river, for landing places. They purchased the
land accordingly ; the landing place on the North bank of the
river being in the township of North Shields; that of the South
bank in the township of South Shields; and the river between
them, in the parish of St. Nicholas, Newcastle. Up to the year
1851, the company were rated in both North and South Shields,
at the sum of £70 in each, being the annual rateable value of
each landing place, irrespective of the tolls. But in 1851 the
overseers of North Shields, conceiving them to be rateable for
their tolls also, in connection with the landing places, had now
rated them in the sum of £531, being a moiety of the tolls, less
the expenses. And the company appealed, alleging that their
POOR RATE.—TOLLS. 99

boats, by which the tolls were earned, were always afloat in the
river, and if they were rateable for the tolls at all, it must be in
the parish of St. Nicholas, where they were earned.

It was contended for the respondents, that the occupation of
the landing places by the company, made the tolls rateable; and
that at all events the landing places ought to be rated according
to their enhanced value arising from the ferry and the earning
of the tolls.

But the Court held that the company were not rateable at
all in North Shields in respect of their tolls. Tolls, to be rate-
able, must cease to be incorporeal property, and become landed
property, as in the case of canals, bridges, water-works, and the
like. But here the ferry and tolls were not appurtenant to the
landing places, so as to become part of the land; but on the
contrary, the landing places were merely accessory, and inci-
dental to the ferry, for which alone the tolls were payable.
Order of sessions quashed.

Roberts, et al. v. The Overseers of Aylesbury, 1 #. § B. 423;
22 Law J. 34, m.; 17 J. P.55.

Tolls of a Market or Fair not rateable ; but Stallage is.

The lord of the manor of Aylesbury demised to the appellants
the tolls of the market and fairs holden in Aylesbury, and for
stallage there, together with the market house. The tolls for
corn, grain and seeds were paid in a certain room, called the
toll room, in the market house; all the other tolls were collected
in the Market Square, &c., where the articles were exposed for
sale. The appellants being rated for “the market house with
the grounds belonging thereto, used and occupied for the tolls
of the markets and fairs, situate in the Market Square, Kings-
bury, and other parts of the town,” appealed, alleging that they
were rateable only for the market house; and a case, by consent,
was stated for the opinion of the Court of Queen’s Bench.

Upon argument, the respondents abandoned the rate as to
the tolls, the Court intimating that the tolls being paid in the
toll room in the market house, did not alter the nature of the

H 2
100 POOR RATE.—TOLLS.

toll, which was an incorporeal property, and not the subject of
the rate. But the respondents contended they were entitled to
rate for the stallage, as well as for the market house. And the
Court held that they were: stallage is not toll, but a sum
payable for the use of the soil; and so far as the rate was
imposed on the market house, and on the payments in respect
of the goods not sold, it was good, but not so far as it was on
the tolls or goods sold. Rate to be amended accordingly.

Mayor, Se. of Worcester v. The Overseers of St. Clement's,
22 J. P. 319.

Tolls of a Cattle Market, when rateable.

The mayor, &c., of the city of Worcester were rated as
occupiers of tolls, sheds, land and buildings in the parish of
St. Clement’s, and used as part of the cattle market. They
appealed, and a case, by consent, was stated for the opinion of
the Court of Queen’s Bench. By a local Act, they were
authorized to purchase land in the city, for the purpose of a
cattle market, and to borrow money to defray the expense ; and
they were enabled to demand and take certain tolls, which were
to be applied to paying the costs of obtaining the Act,—to
paying the expense of forming and fitting up the market, and
“all taxes, salaries and allowances to officers, and other inci-
dental expenses,’—to paying off the money borrowed and in
trust, after which the tolls were to be reduced, so as to leave
only sufficient to defray the costs, charges and expenses
aforesaid. They contended that they were not rateable, as they
had no beneficial use of the market, but it was wholly for the
public benefit, and therefore, not chargeable.

But the Court held them liable to be rated. They said that
the case was governed by the Birkenhead Case (2 E. & B. 148,
ante, p. 43), where the principle laid down was, that unless
the provision made by the local Act for the way in which the
tolls are to be applied, amount to a prohibition to provide for
the poor rate, such rate is to be paid; and here it was expressly
stated that “taxes,” which word includes the poor rate, were to
be paid. Judgment for the respondents.
POOR RATE.—WHEN LIMITED BY STATUTE. 101. .::

Poor Rats. (When Limited by Statute.)
The Regent's Canal Company v. Hendon, 6 E. 5 B. 852;
20 J. P. 710.
Rate restricted by Statute.

The Regent's Canal Company had made a reservoir in the
parish of Hendon, the land for which had been purchased at
three different periods, in 1885, 1838, and 1853: the first two
purchases were made by the Grand Junction Canal Company,
but for the Regent’s Canal Company, and who paid the price,
and were the real parties to the transaction; the last of the three
purchases was made by the Regent’s Canal Company, and the
conveyance was made to them. By a local Act, 52 G. 3, c. 195,
the lands, whether covered with water or not, of and belonging
to the Regent’s Canal, shall be rateable and chargeable to the
maintenance of the poor, and to all other parochial rates and
taxes in the several parishes and places in which they are
respectively situated, according to their quantity and quality,
and shall be charged and assessed in like manner as lands of a
like quality in the respective parishes where the same shall be
situate, are or shall be assessed or charged. That Act gave the
company powers to make a canal, and for that purpose com-
pulsorily to take lands within certain parishes, of which Hendon
was not one, but it authorized them to hold lands anywhere, if
they could acquire them in any legal mode. The question was
whether this local Act, 52 G. 3, was prospective, and applied to
the land purchased by the company after the passing of it. The
Court held that it was prospective, and extended to all lands of
the company, “ whether covered with water or not;” it would
be giving the Act a very incomplete effect, almost none, to limit
it to such property, if any, as might belong to the company at
the time of the passing of the Act.

R. v. St. Leonard's, Shoreditch, 18 Q. B. 964;
19 Law J. 71, m3 138 J. P. 535.
Rate restricted by Statute. 4
The Guardians of the poor of the parish of St. Luke, Middle-
sex, being rated in the sum of £400 for their workhouse, which
102 POOR RATE.—WHEN LIMITED BY STATUTE.

was in the parish of St. Leonard’s, Shoreditch, appealed; and
the sessions amended the rate by reducing it to £19, subject to
acase. By stat. 22 G. 3, c. 56, trustees for the parish of St.
Luke were enabled to purchase land in the parish of St. Leonard
for the purpose of building a workhouse; and by sect. 11 the
land, and the workhouse to be built thereon, were not to be rated
at a higher rate than the land to be purchased was rated at
when it was purchased. The land was purchased, the workhouse
built, and it was rated and continued to be rated in conformity
with this provision in the Act, until the year 1849, when the-
parish of St. Leonard’s rated it at £400, being the ordinary
rateable value, The Act 22 G. 8, however had been repealed by
stat. 48 G. 3, c. 97, but by sect. 74, all workhouses, lands, &c.,
to which the trustees under the former Act were entitled in trust
for the parishioners or for the relief of the poor, should be vested
in them and possessed by them as fully, effectually, and benefi-
cially, and in as large and ample a manner and form, and to all
intents and purposes whatsoever, as the former trustees were
entitled to or possessed of the same. A subsequent Act,
58 G. 8, c. 112, enabled the parish of St. Leonard’s to rate
all occupiers of lands within it, “according to the annual rent
or value of such lands.” The questions were whether the stat.
48 G. 8, continued the limited rateability created by the first
Act; and supposing it to do so, whether the stat. 58 G. 3,
by its terms, did not alter the mode of rating.

The Court, after argument, held that the appellants ought to
have been rated at the lower rate, namely, at what the land was
rated at when it was purchased. The effect of the stat.48 G. 3, by
vesting the workhouse, lands, &c. in the trustees, to be possessed
by them “as fully, effectually and beneficially, and in as large
and ample manner and form, and to all intents and purposes
whatsoever,” as the former trustees,—was, to continue the
limited mode of rating enacted by the first Act. And that was
also the proper mode of rating within the last Act, 53 G. 3;
for the annual rent or value of the workhouse must be taken
to be what the land was rated at when that stat. 22 G. 8, was
passed.
POOR RATE.—WHEN LIMITED BY STATUTE. 1038

R. v. Badcock, et al., 6 Q. B. 787; 97. P.114; S.C. nom.
R. v. Trustees of Taunton Market, 14 Law J. 58, m.;
9S. P. 245.

Tolls of Market, how rated.

Upon an appeal against a poor rate for the parish of Bishop’s
Hull, by which the appellants were rated for certain buildings
and butchers’ stalls, called Taunton Market, the sessions con-
firmed the rate, subject to a case, which stated:—

That by a local Act in 1768, trustees were appointed to
purchase land for erecting a market house in the town of
Taunton, and it was provided that the trustees should stand
seized of the land, buildings, &c., in trust, to pay the expenses
of obtaining the Act, to pay off all debts incurred in the purchase
of the ground, and erecting the market, and also the expense of
lighting certain streets, purchasing stalls, &c., and to pay off
certain mortgages and interest, after which the market and the
rents, &c., were to remain an estate for the use and benefit of the
parish of St. Mary, Magdalene, in Taunton, for ever, and should
and might be applied by the trustees to the clothing, educating
and apprenticing the children of the poor inhabitants of that
parish; and by a clause in the Act, the premises were to con-
tribute to the poor rate, the same share and proportion they
contributed in 1768.

Afterwards, in 1817, the market not being sufficiently large,
the trustees, by a second local Act, were empowered to purchase
other lands for the purpose of enlarging it, and it was therefore
provided that “all and every the authorities, powers, provisions,
regulations, clauses, matters and things” contained in the
former Act, should be in full force and effect, and should extend
to and be practised, applied and put in execution for effecting
the purposes of this second Act, as fully as if the same were
herein repeated.

Under the first Act, the trustees erected a market and market
house in the parish of St. Mary, Magdalene, and upon the land
obtained under the second Act they erected a butchers’ market
in the parish of Bishop’s Hull, in Taunton. They received the
104 POOR RATE.—IN WHAT PARISH.

rents and profits of both; but there was no surplus revenue after
payment of the expenses and the interest on the mortgages. The
question in this case arose upon the trustees being rated for the
market in Bishop’s Hull. They contended that they were not
rateable at all, as the profits, if any, of the market, were devoted
to a public purpose; or, if they were rateable, they were only
rateable in the proportion the land contributed to the rate in
1768, as that clause in the first Act was amongst the other
“authorities, provisions,’ &c., therein extended to the land
purchased under the second Act. But the Court held that the
clause in the second Act, extending the powers, &c., of the
former Act to the lands to be purchased under the second, had
not the effect of extending to them the clause which limited the
rateability of the first market to the proportion the land con-
tributed to the poor rate in 1768. And secondly, the Court
held the trustees to be rateable in the ordinary way for the
market in the parish of Bishop’s Hull, as the profit (if any)
arising from it, belonged to the parish of St. Mary by the terms
of the first Act; and it had already beeen decided (in The
Governors of the Bristol Poor v. Wait, 5 Ad. & El. 1,) that a
workhouse of a union is rateable in the parish in which it is
situate.

Poor Rate. (In what Parish.)

R. v. Clayton, 13 Q. B. 354; 18 Law J. 129, m.;
13 J. P. 166.

A Rate cannot be made for Part of a Parish.

On an appeal against a poor rate made for a district called
Whaplode Drove, in the county of Lincoln, the sessions con-
firmed the rate, subject to a case. Whaplode Drove was a
district in the parish of Whaplode, having a chapel, which,
previously to the stat. 43 El. c. 2, had all parochial rights, and
its own churchwardens separately from the parish. The clergy-
man of the chapel was maintained by the rents of certain lands
with which it was endowed, but the tithes of the district were
paid to the vicar of the parish. The district had its own overseer
of the poor, had a separate poor rate (the amount in the pound,
POOR RATE.—IN WHAT PARISH. 105

however, being always the same as in the rest of the parish),
and it maintained its out of door poor separately ; but there was
no workhouse in the district, and the poor of the district
Tequiring in-door relief were sent to the workhouse of the
parish. At the end of the year, the overseers of the district
and those of the parish compared accounts, and those which
had a surplus beyond their expenditure paid it over to the
others.

After argument, the Court held that a separate rate for the
district was bad. The fund for the relief of the poor in both
districts was, in substance, a joint fund, and there was only one
workhouse, which showed that the district had not been separated
from the parish under stat. 13 & 14 C. 2, c. 12; and the district
could not be deemed to be in itself a parish or reputed parish at
the time of the passing of the stat. 43 El. c. 2, for in that case
it must have had the entire separate maintenance of its own
poor. Rate to be quashed.

Sharpley v. The Overseers of Mablethorpe, 3 E. § B. 906;
24 Law J. 35, m.; 18 J. P. 318.

Rate in a Parish, which formerly was two Parishes.

A party rated in the parish of Mablethorpe, having given
notice of appeal, a case was stated by consent, for the opinion of
the Court of Queen’s Bench. The rate was appealed against,
on the ground that what was called the parish of Mablethorpe,
really consisted of two parishes, and ancient documents were
brought forward to prove it. But it appeared that long before,
and at the time of the passing of stat. 43 El. c. 2, Mablethorpe
was treated as one parish, and since then one constable, and one
set of overseers alone had been appointed for the whole district,
and one poor rate and one highway rate made for it.

After argument, the Court held that, even supposing that
Mablethorpe formerly consisted of two districts (and the evi-
dence on the subject was ambiguous), yet, as it appeared that at
the time of the passing of stat. 43 El. c. 2, both were reputed as
one parish, the rate was good.
106 POOR RATE.—THE RATE.

Poor Rats. (Zhe Rate.)
Scadding v. Lorant et al. 18 Q. B. 687, 706.; 18 J. P. 665.

Rate by Vestry under a Local Act.

In replevin of a distress for a poor rate, in the Court of
Queen’s Bench, there was an avowry stating the making of the
rate, plea in bar de injurid, and issue; and at the trial there
was a verdict for the plaintiff, subject to the opinion of the Court
upon a case. By a local Act for the parish of St. Pancras, the
vestry might make a poor rate at any meeting, notice of such
meeting, and of the purpose thereof, being first given; and all
such rates, when signed by the said vestrymen, or any seven
thereof, and allowed by two justices, were to be collected, &.,
At a meeting of the vestry holden on the 12th August, for
making a poor rate, of which due notice was given, and the
purpose stated, the vestry resolved that a rate of 1s. in the
pound be made and laid, “and the said rate is hereby made and
laid accordingly,” but nothing more was done; they adjourned
to the 4th September, when they transacted other business;
they then adjourned to the 9th September, when they transacted
other business (and of these adjournments notice was given,
but not “of the purpose thereof”), at which last meeting the
vestry was again adjourned to the 14th September, and the rate-
books in the meantime being out, it was resolved at that meeting”
that they should be signed, and the rate was then signed by ten
vestrymen, out of sixteen who were present. Of these sixteen,
it was alleged by the plaintiff that the election of nine was void,
and the circumstances were set out. The Court of Queen’s
Bench held that no rate in fact was made on the 12th August,
and that it could not be considered as made on the 14th
September, for there was no adjournment of the meeting of the
12th August to that day, no notice of the purpose of that
meeting was given. But upon a writ of error being brought,
the Court of Exchequer Chamber held that the rate was good.
The rate was begun on the 12th August, and completed on the
14th September, until which time the August meeting was
POOR RATE.—THE RATE, 107

adjourned by successive adjournments, and no notice of the
purpose of those adjournments was necessary. As to the alleged
invalidity of the election of some of the vestrymen, they were
vestrymen de facto, and that was sufficient. Judgment reversed.

R.v. The Eastern Railway Company, 5 E. § B. 974;
25 Law J. 49, m.; 20 J. P. 566.

The Rate must be properly headed.

Upon a motion against three justices and the railway company
to show cause why the justices should not’ issue their distress
warrant against the company, to levy three rates by which they
had been rated to the poor of the parish of Moulton, it appeared
that the rates were in the ordinary printed book, and really
made for the relief of the poor; but the only heading to the
first rate was, at the top of each page, “ Parish of Moulton, rate
made February 15, 1855;” the second was in the same way,
but dated May 24, 1855; and the third was regularly headed
“An assessment for the relief of the poor of the parish of
Moulton, in the county of Norfolk, and for other purposes
chargeable thereon according to law, made the 17th day of
August, 1855, after the rate of 1s. in the pound.”

After cause shown against the rule, the Court said that as to
the first two rates, there was nothing on the face of them to
show that they were poor rates; and a rate, though in fact’
made for the maintenance of the poor, which does not show, by
its heading or otherwise, for what purpose it was made, is void.
As to the first two rates, therefore, the Court discharged the
rule; but as to the third, which was properly headed, they made
it absolute.

R.v. Overseers of Bangor, 10 Q. B. 91; 16 Law J. 58, m. ;
11 J. P. 260.

New Valuation of a Parish.

In consequence of a representation to the Poor Law Com-
missioners by the overseers of the parish of Bangor the
Commissioners, by an order directed to the guardians of the
108 POOR RATE.—THE RATE.

union in which the parish was comprised, directed that a survey :
of the parish should be made, and that the money to be paid for
it should be provided for, by a charge upon the rates of the
parish, payable by instalments of one-fifth every year. After
the survey was made, the guardians made an order on the
overseers to make a rate in order to pay the whole costs of it;
and the overseers not obeying, the guardians applied for and
obtained a mandamus. Upon a demurrer to the return, the
Court, after argument, held the order of the guardians to be
bad; the Commissioners ordered that the payment for the
survey should be made a charge upon the poor rate payable in
futuro, and the guardians therefore had no right to make an
order for a rate, that the whole should be paid presently.

Paynter v. The Queen in error, 10 Q. B. 908;
16 Law J. 136, m.; 18 J. P. 457.

Declaration at the foot of Rate, and publication of it.

In a return to a mandamus, it was stated that the declaration
at the foot of the rate was:—“ We, George Wm. Brown, John
and Joseph Smith, overseers, and J. Waller and A. Fothergill
Bainbridge, churchwardens, do declare the several particulars
specified in the several columns of the foregoing rate, to be true
and correct, as far as we have been able to ascertain them, to
which we have used our best endeavours.” And this was objected
to, because according to the form given in stat. 6&7 W. 4
c. 96, the word “several,” should have been “respective,” and
the word “foregoing,” should have been “above.” In the
course of the argument, however, this point was given up, the
Court holding that there was nothing in it.

It was stated also that in the notice of rate which was
published, it was alleged that the rate had been allowed “ by
one of Her Majesty’s justices of the peace, acting within the
metropolitan police district, pursuant to the statute in that case
made and provided;” and it was objected that it was not stated
that he made his allowance at a police court. But the Court.
held it sufficient.
POOR RATE.—THE RATE. 109

R. v. Lord Godolphin et al. 18 Law J. 57, m.; 8 J. P. 521.

Allowance of Rate.

A poor rate was made by two overseers; there were also two
churchwardens in the parish; but because the rate was not
made by a majority of these parish officers, the justices refused
to allow it. An application was then made for a mandamus to
compel them ; and Williams, J. granted it, because the allow-
ance of a poor rate is merely a ministerial act.

R. v. Whipp, 12 Law J. 64, m.; 7 J. P. 656.
Publication of Rate.

The notice of a poor rate was affixed on the door of the church,
in which alone all rates had been published before the passing
of stat. 7 Will. 4, and 1 Vict. c. 45: but there were also two
other churches in the same township, where the notice was not
affixed: the Court held this publication of the notice to be
insufficient.

Ormerod et al. v. Chadwick et al., 16 Law J. 148, m.;-
11 J. P. 138.

Publication of Rate.

A poor rate was published in the united townships of
Todmordon and Walsden, by affixing a notice thereof on the
principal door of the new church, the church having two doors.
There were also an ancient chapel in the townships, which had
fallen into decay; but parish meetings were held there, and
sometimes christenings, and burials were performed there.
There was also a school ‘house in Walsden, where divine service
was performed on Mondays. The Court held the publication
good; the new church was de facto the church of the place,
within the meaning of stat. 7 Will. 4 and 1 Vict. c. 45; and
the affixing the notice on the principal door of that was suffi-
cient, it was not necessary to fix it on the door of the chapel °r

the school house.
110 POOR RATE.—APPEAL TO THE SPECIAL SESSIONS.

Poor Rate.—(Appeal to the Special Sessions.)

R. v. Trafford et al., 15 Q. B. 200; S. C. nom. BR. v. The
Justices of Lancashire, 19 Law J. 199, m.; 14 J. P. 528.

Appeal against a Rate, to the Special Sessions, within what Time.

The North Western Railway Company were rated to the poor,
by arate made the 7th December, 1848. They paid a part of
the amount, but afterwards on the 12th July, 1849, they gave
notice that they should appeal against the rate at the next
special sessions, which were to be holden on the 9th August,
1849. But as two special sessionshad been holden in the interval,
between the making of the rate and the giving of the notice of
appeal, the justices, when the case came on for hearing, held
that the appellants had not appealed within a reasonable time,
and they therefore refused to hear the appeal. The company
then applied to the Court of Queen’s Bench for a rule to compel
the justices to hear the appeal; but after cause shown, the Court
held that the justices were right; the appeal to the quarter
sessions must be to the next practicable quarter sessions by stat.
17 G. 2, c. 88; and to special sessions the appeal must be within
a reasonable time, and what shall be deemed a reasonable time
is a matter entirely for the justices’ decision. Rule discharged
with costs. ‘

Poor Rate.—(Appeal to the Quarter Sessions.)

R. v. The Justices of Cambridgeshire, 19 Law J. 180, m. ;
14 J. P. 141.

Where notice of Appeal states that Appellant is rated at a higher Rate than
others named, the Sessions may refuse to hear the Appeal.

On an appeal to the court of quarter sessions by the New-
market Railway Company, against a poor rate, it appeared that
one of the grounds of appeal was, that the appellants were
rated at a much higher rate than certain other persons named,
POOR RATE.—APPEAL TO THE QUARTER SESSIONS. 111

the appellants being rated on their gross estimated rental, and
the others on much less than the gross estimated rental of their
premises; but no notice of appeal had been given to the others
thus named. The sessions decided that these other persons were
entitled to notice of appeal, and as notice was not given refused
to hear the appeal, although the appellants offered to waive this
part of their notice. The appellants then moved for a mandamus
to the justices to enter continuances and hear the appeal, and
upon cause shown against the rule in the bail court before
Erle, J., he held that as the quarter sessions, in their con-
struction of the notice of appeal, were of opinion that it was
equivalent to astatement that the other ratepayers were under-
rated, and therefore they ought to have had notice,—this Court
would not review their decision; and as to the sessions dis-
missing the appeal, and refusing to proceed in it after the
appellants had offered to withdraw the part in question of the
notice, the sessions had a right to hold that the ratepayers
named in the notice were in fact respondents in the appeal, and
not having received notice the appeal could not be heard. Rule
discharged.

R. v. Eyre, 6 BE. § B. 992; 26 Law J. 14, m
20 J. P. 740.

Where notice ofAppeal against a Rate, states that others are under-rated or
omitted, and no proof is given of their being served with the Notice, the
Sessions cannot dismiss the Appeal, but must enter and respite it.

Upon a rule to quash an order of sessions dismissing an
appeal against a rate, and that the justices at sessions should
enter continuances and hear and determine it,—it appeared that
the appellant had given notice of appeal against the rate, for the
sessions next after the making of it, stating that several persons
had been omitted to be rated ; and at the hearing, being unable
to prove a service of notice on all these persons, the sessions
dismissed the appeal. After argument, the Court held that the
sessions were wrong in dismissing the appeal ; they should have
entered and respited it; for by stat. 17 G. 2, c. 88, s. 4, if it
shall appear to the justices that reasonable notice was not given,
112 poor RATE.—APPEAL TO THE QUARTER SESSIONS.

“then they sliall adjourn the said appeal to the next quarter
sessions, and then and there finally determine the same.” Rule
absolute.

R. v. Eyre, ? #. § B. 609; 26 Law J. 125 m.
21 J. P. 298.

Notice of Appeal against Rate. Appeal adjourned when sufficient Notice
not given. ~

A rate being made on the owners of small tenements, Mr.
Eyre appealed against it. His notice of appeal was directed to
the overseers, and to all persons in one or more columns of a
schedule referred to, and to all owners and occupiers of rateable
property in D. who ought to be rated and are not rated, or are
not rated and ought to be rated, or who are rated. too high or
too low, &c. The overseers were served with both notice and
schedule, but copies of the notice were served on two of the
ratepayers only. At the sessions, it was objected that the notice
should have been served upon all the other persons mentioned in
the notice, and on this ground the sessions dismissed the appeal,
and refused to enter and respite it. The appellant then applied
for and obtained a certiorari to remove the order of sessions
into the Court of Queen’s Bench in order to quash it; and upon
argument the Court held that the sessions were bound to adjourn
the appeal, to give an opportunity of serving the notice regularly,
and they ordered the sessions “ to enter continuances upon the
said appeal, and to hear and determine the same upon the
merits.” The appellant, however, instead of proceeding upon
notice of appeal already given, gave a fresh notice of appeal
omitted the schedule altogether, and served it upon the overseers
and the two ratepayers. At the hearing it was objected that
the appellant had no right to abandon his appeal against the
persons mentioned in the schedule, but should have served them
with notice; and for this reason the sessions again dismissed the
appeal. Upon a rule to quash the order of sessions in this latter
case, the Court, after argument, held that the sessions had acted
rightly ; the appeal at the former hearing had acquired a certain .
character, the parties to it and the grounds of it being set out in
POOR RATE.—APPEAL TO THE QUARTER SESSIONS. 113

the notice; but the appellant having given a fresh notice of
appeal, which was ‘in effect a different appeal from the former
one, the sessions were right in dismissing it. Rule discharged.

R. v. Hyre, 26 Law J. 121, m.; 21 J. P. 291.

If a sufficient Notice of Appeal against a Rate be given, the Sessions are not

sygebound to respite it.

Fourteen clear se tres the sessions next after the publi-
cation of a poor rate, a notice, accompanied by grounds of
appeal, was served upon the parish officers, stating the appellant’s
intention to enter, lodge and commence an appeal to those
sessions, but that he should not prosecute or try it then, but
apply to have it respited until the next following sessions. To
this, the respondents replied that they should oppose such
application. The appeal was accordingly entered, the appli-
cation to respite it made and opposed, and the sessions refused
it, and called upon the appellant to proceed in his appeal; and
upon his declining to do so, they dismissed the appeal with
costs. Upon a rule to quash this order of dismissal, the Court
of Queen’s Bench held that the sessions had acted strictly within
their jurisdiction, in dismissing the appeal; if indeed no notice
of appeal had been given, the sessions would be bound to respite
it. Rule discharged.

R. v. Mortlock et al..7 Q. B. 459; 9 J. P. 454.

Evidence under an Indictment for not paying costs of an Appeal against
a Rate.

The sessions having dismissed an appeal against a rate, ad-
judged in their order that the appellants, “immediately upon
service of the said order or a true copy thereof,” should pay to
the respondents the sum of £91 9s. 10d. for their costs and
charges by reason of the said appeal. Upon the trial of an
indictment for disobeying this order, the minute book of the
sessions, containing the original order was produced, and also a
copy of it on parchment. One of the overseers proved his

I
114 poor RATE.—APPEAL TO THE QUARTER SESSIONS.

‘serving Mortlock with a copy of the order, and read over to
him the copy on parchment, and at the same time demanded
payment of the amount, which he refused. He gave the same
evidence as to the other defendants. It was objected that notice
should have been given to the defendants to produce the copies
which had been served upon them, before evidence could be
given that they were true copies; and secondly, that the order
of sessions was not drawn up at the sitting when it was made,
but at an adjournment when other Justices were present. These
points were reserved, with liberty to move to enter a verdict for
the defendants. The motion being made and argued, the Court
held that there was no ground for arresting the judgment. It
was not necessary to give a notice to produce, for the copy
‘served was merely to give notice of the order, and a notice to
produce a notice is never required; and as to the judgment for
‘costs, it was pronounced at the time, but merely reduced to form
at the adjournment, after the costs had been taxed. Rule
discharged.

R. v. Huntley, 23 Law J. 106, m.; 18 J. P. 520.

Costs of Appeal, how recovered.

Upon an appeal against a rate, the sessions, upon the hearing,
with the consent of the parties, ordered the matter to be referred
to an arbitrator, who was to have the same power as the sessions.
He awarded that the appeal should be dismissed, the rate con-
firmed, and that the appellant should pay to the respondents
the costs of the said appeal, and of this reference, amounting to
£750; and this was entered at the sessions as the order of the
Court in the appeal. This order was afterwards removed by
certiorari into the Court of Queen’s Bench, and a ji. fa. was
issued thereon to levy the amount, under stat. 12 & 18 Vict.
ce. 45, 8.18. Upon a motion to set this aside, on the ground
that the award and order of sessions should have directed these
costs to be paid to the clerk of the peace, as directed by stat.
11 & 12 Vict. c. 48, s. 27, and 12 & 18 Vict. c. 45, s. 5, the
RATE.—HOW LEVIED. 115

Court, after argument, held that the order of sessions was
correct : both by 17 G. 2, c. 88, s. 4, and 12 & 18 Vict. o. 45,
s. 5, the sessions, in an appeal against a rate, may order one
party to pay costs to the other, as in this case; and by sect. 18
of the latter statute, the order may be removed into the Court
‘of Queen's Bench, and enforced in the same manner as an order
of that Court. Rule discharged with costs.

Rate. (How Levied.)
R. v. The Justices of New Sarum, 17 J. P. 53.

Rate to be levied under the General Act, 12 & 13 Vict. c. 14, in a Borough,
although there be a previous Local Act differing from it.

A local Act for the borough of New Sarum, in providing for
the recovery of a poor rate, gave a power of commitment in
default of distress only in cases where it was proved that the
party had removed his goods to avoid a distress. Afterwards
the general Act, 12 & 18 Vict. c. 14, passed, which gave a
power of commitment in all cases in default of distress. An
application being made to the borough Justices for a warrant of
commitment, in a case where there had been no removal of
goods, they refused it, saying that within the borough they were
bound to proceed according to the local Act, and could not
act otherwise. But upon application to the Court of Queen’s
Bench, that Court held that they had authority to commit
under the general Act, and made a rule absolute requiring them
to do so.

Skingley v. Surridge et al., 12 Law. J. 122, m.; 7 J. P.515.
Overseer rated, may be Distrained upon for Rate.

In this case it was holden that a churchwarden or overseer,
rated to the poor rate, may be proceeded against and distrained
upon for the amount of his rate, in the same manner as any

other person.
12
116 RATE.—HOW LEVIED.

Rh. v. Paynter,? Q. B. 255, 14 Law J. 179, m.3 10 Q@ B. 908;
16 Law J. 186, m.; 18 J. P.120, 457.

Rate upon Subscribers to a Bridge, enforced against one for the whole amount.

The subscribers having shares in Putney Bridge (ninety-nine
in number) were rated for the bridge to the poor in the parish
of St. Mary, Putney, and they did not appeal. Upon the sub-
scribers being summoned to show cause why a distress warrant
should not issue, it was prayed of the magistrate to grant a
distress warrant for the whole against one of the subscribers
named Chasemore, who had hitherto paid the rate for the
subscribers, but, who lived in Middlesex. Upon the magistrate
refusing to do so, the overseers applied for a mandamus com-
manding the magistrate to issue his distress warrant accordingly,
and the Court granted it, holding that upon Chasemore paying
the whole rate, he would be entitled to contribution from the
others. The magistrate made his return, which was demurred
to; but when the demurrer was called on for argument, no
person appearing on the part of the defendant, the Court of
Queen’s Bench gave judgment for the Crown. Upon this judg-
ment, a writ of error was brought in the Exchequer Chamber ;
and that Court, after argument, held that Chasemore might be
distrained upon for the whole rate; each subscriber was liable
for the whole rate, and after demand and summons he might be
distrained upon for it. Judgment affirmed.

Re Wetherell et al., 19 Law J.115, m.; 14 J. P. 224,

Payment of arrears of Poor Rate due from a Bankrupt before his
Bankruptcy, cannot be enforced.

Upon an application in 1850, to Erle, J., in the bail court,
against the defendants, two justices of the peace, calling upon
them to show cause why they should not issue a distress warrant
against one Haviland for a poor rate, it appeared that the rate
was made in. November 1848, and that Haviland became
bankrupt in December, and obtained his certificate in the March
RATE.—HOW LEVIED. 117

following. The overseers sought to obtain the distress warrant,
to levy the amount upon the goods he had acquired since his
certificate. But the judge discharged the rule, saying that this
rate was a debt proveable under the fiat, and consequently
barred by the certificate.

Walsh v. Southwell et al., 20 Law J. 165, m.; 15 J. P. 452.

Tender of Poor Rate after Proceedings taken, must be a Tender of the
Costs also.

An action of tresspass in the Court of Exchequer was brought
by Walsh against the churchwardens and overseers of Blackburn
for seizing his goods, and they justified under a distress warrant
for a poor rate and for costs; to which the plaintiff replied, that
before the distress, or his having any notice of it, he had
tendered the amount of the rate to Chadwick, one of the defen-
-dants. On demurrer to this replication, the Court held it to be
clearly bad, as stating a tender of the rate without the costs.

R. v. Parker, 26 Law J.199, m.; 21 J. P. 549.

Where a Rate is reduced upon Appeal, the Appellant, if he have paid it, has
a right to have the Surplus deducted from a subsequent Rate.

The London and North Western Railway Company appealed
against two rates, made in November 1853, and February 1854,
and at the hearing, the matter was referred to a surveyor, and
it was agreed that all subsequent rates up to the making of the
award, should be subject to the award. By the award made in
December 1855, the amount for which the company ought to
be rated, was reduced from £787 10s. to £262 10s. Pending
the reference, some appeals had been formally entered against
subsequent rates, which, however, the company paid in full,
except the last rate in November 1855; so that the company
had paid in all £175 more than was due from them at the
reduced valuation, and this sum exceeded the amount for which
they were rated by the last rate, and against which they sought
to set it off. The overseers were willing to allow this; but the
118 POOR RATE.—INSPECTION.

-auditor said that they had-no power to do so, and that he should
surcharge them if they did it. They accordingly applied totwo
justices for a distress warrant to levy the amount of the last rate ;
but the justices, after hearing the facts, refused to grant it.
They then applied to the Court of Queen’s Bench for a
mandamus to compel them, but the Court refused it, saying,
that they would not grant a mandamus to the justices to issue a
warrant of distress to do such a manifest injustice.

Poor Rare. (Jnspection.)

Tennant v. Cranston, 8 Q..B.707; S. C.nom. Tennant
v. Creston, 15 Law J.105, m.; 10 J. P. 678.
Overseer refusing Inspection of a Poor Rate, subjects him to a Penalty.
Debt for a penalty of £20 was brought against an overseer
-for refusing the plaintiff, a rated inhabitant, inspection of a
-rate; and at the trial a verdict was given for the plaintiff, with
liberty to the defendant to move to enter a nonsuit. He moved
accordingly that the stat. 17 G. 2, c. 8, which gives the
penalty, applied only to rates made under stat. 48 El. ¢. 2, and
not to rates made under the Parochial Assessment Act, 6&7
W. 4, c. 96, as this was. But the Court held that the latter
Act did not repeal the stat. 17 G. 2, c. 3, which was still in
force for this purpose.

Tennant v. Bell, 9 Q..B. 684; 16 Law J. 31, m. ;
10 J. P. 756.

At what time Inspection to be delivered.

In a similar action, for not giving the plaintiff a copy of the
rate, it appeared that the copy was demanded on Friday, the
24th October, the rate being published only on the Sunday
preceding. The defendant said that he could not give it then,
but the plaintiff should. have it as soon as the overseers had
done their work ; the overseers were then busy collecting the
rate. He demanded it again on the following Wednesday and
Friday, but it was not as yet ready for him; and on the latter

 
POOR RATE.—INSPECTION. 119

day he sued out his writ. Making the copy would occupy:
eight or ten hours. At the trial, the judge said he would leave
it to the jury to say whether the defendant had failed to give
the copy within a reasonable time; but this was objected to by
the plaintiff’s counsel, who said that the statute required it to
be given “forthwith.” The judge then, in summing up, put
it to the jury whether the defendant neglected to give the copy
forthwith, which must be deemed to mean within a reasonable
time; and the jury gave a verdict for the defendant.

The plaintiff then moved for a new trial for misdirection, but
the Court refused it, saying that there was no ground for the
application.
120 RELIEF.— BY RELATIONS.

PART III.
RELIEF.
ReEuier. (By Relations.)

Re Morten, 5 Q. B.591; S.C. nom. R. v. Martin,
13 Law J. 85, m.

Order on Relations for Relief, how.

Two justices made an order on Joseph Morten, the grand-
father of three children, Joseph, Mary, and Sarah Jane Morten,
reciting that they were poor and unable to work so as to main-
tain themselves, and were chargeable to the parish of Chapel-
en-le-Frith, and that the grandfather was of sufficient ability to
relieve and maintain them, and ordering him to pay to the
overseers of the said parish six shillings a week for and towards
the relief and maintenance of the three children during such
time as they should be chargeable to the said parish. Upon
motion for a certiorari to remove this order, that it might be
quashed, the Court, after argument, held the order bad,—first,
as ordering a gross sum weekly for all the three children,
whereas it, ought to have ordered relief for each child separately ;
and, secondly, because the sum was directed to be paid so lone
as the children should be chargeable, whereas the stat. 59 G. 3,
c. 12, s. 26, on which the order was framed, required the relief
to be given to “every poor, old, blind, lame, impotent, or other
poor person not able to work,” and the word “chargeable” was
not equivalent to the words “not able to work.” Rule absolute.

Flannagan v. The Overseers of Bishopwearmouth,
27 Law J.46, m.; 21 J. P.725.

A man is not bound to support his Wife, if she refuse to live with him.

A case, stated by justices under stat. 20 & 21 Vict. c. 48,
stated that the appellant, Flannagan, had been summoned
before justices under the Vagrant Act, for wilfully refusing or
RELIEF.—IN THE WORKHOUSE. 121

neglecting to maintain his wife, and he then paid the overseers
the sum they had advanced to her, and undertook to pay her
12s. per week. Default being made in this payment, he was
again brought before the magistrates, when he pressed the wife
to come and live with him, and promised to treat her kindly
and properly, and he offered to pay any sum the overseers had
advanced to her, and the costs of the hearing, but refused to
make her any allowance in future unless she would live with
him. This she refused to do, saying that he had assaulted and
illused her, which, however, he denied. The magistrates then
convicted him under the Vagrant Act for wilfully refusing and
neglecting to maintain his wife. But the Court held the con-
viction to be wrong: there was no evidence of a wilful refusal
or neglect to maintain the wife, on the contrary, the appellant
asked and pressed her to live with him ; and no past misconduct,
however gross, would justify a wife in refusing to go and live
with her husband, if he wished her to do so. Conviction
quashed.

Reiser. (Jn the Workhouse.)
Doe dem. Marquis of Angleseav. Churchwardens and Overseers
of Rugeley, 6 Q. B.107; 8 J. P. 694.
Grant of Land for a Workhouse.

In 1778 Lord Paget demised 11 acres of land to trustees for
the parish of Rugeley, for 1000 years, at a nominal rent, for
the purpose of their building a workhouse; and the trustees
covenanted that they would use, occupy, possess and enjoy the
premises and every part thereof for the sole use, maintenance
and support of the poor of Rugeley ; and there was a power of
re-entry if the trustees should, without licence, sell, assign,
transfer, or otherwise part with their estate, interest or term in
the premises or any part thereof. A workhouse was accordingly
built, and used for that purpose until the year 1840, when,
the Poor Law Commissioners by their order having included
Rugeley in a union, the poor were removed to the union work-
house at Lichfield, the workhouse at Rugeley was unoccupied
and locked up, and the churchwardens and overseers of Rugeley
x

122 RELIEF.—IN THE WORKHOUSE.

let the gardens and other parts of the land not occupied by ‘the
workhouse to two tenants, at a rack rent, which rent they
applied in aid of the poor rate. A case being stated by consent,
for the opinion of the Court of Queen’s Bench, as to whether
the lessor of the plaintiff, under these circumstances, had a
right to re-enter, the Court held that he had not: the premises
had never been used for any other purpose than that of the
maintenance and support of the poor of Rugeley, and although
the actual occupation as a workhouse had ceased for a time, by
order of the Poor Law Commissioners, yet it might at any
time be resumed. Besides, if the condition had not been per-
formed, the Court said it appeared to them that the non-
performance would be excused, as being by act of law, and
involuntary on the part of the lessees. (See also S. P. Doe v.
Butcher et al. 6 Q. B. 115, n.)

R.v. The Poor Law Commissioners, Re Brighthelmstone,
8 Q. B. 825; 6 J. P.617.

Guardians, if about to enlarge their Workhouse under a local Act, are
bound to submit the Plans, &c., to the Poor Law Commissioners, if
they require it.

The guardians of the Brighton Union, being about to enlarge
their school and workhouse, advertised for tenders. The Poor
Law Commissioners required the guardians to submit to them
the plans, estimates, &c., for the work, that they might judge
of the necessity for it, but the guardians refused to do so.
The Poor Law Commissioners then made an order prohibiting
the guardians to proceed with the work, or to raise or borrow
any money for the purpose. The guardians applied for a
certiorari to bring up this order, to quash it, on the ground
that as they were acting under a local Act, the Commissioners
had no authority to prevent them, and that they should be left
to their remedy by mandamus. or injunction. But the Court
held that there was no ground for quashing the order, if it
were brought up; and as-to the remedy by mandamus or
injunction, the Poor Law Amendment Act did not contemplate
such a course, nor was it necessary. Rule discharged,
RELIEF,.—OQUT OF THE WORKHOUSE. 123

REviEF. (Out of the Workhouse.)

R. v. Guardians of the Totnes Union, 7 Q. B.690;
14 Law J. 148, m.; 9 J.P. 584.

Order of Justices for the Relief of an old and infirm Person, out of the
Workhouse.

Two justices, in pursuance of stat. 4 &5 W. 4, c. 76, s. 27,
made an order on the guardians of a union to give relief to a
poor woman, who, from old age and infirmity, was wholly un-
able to work, without requiring her to reside in the workhouse ;
she was entitled to relief from the parish of Berry Pomeroy in
the union, and desired to receive it out of the workhouse; and
one of the justices certified in the order, that to his own know-
ledge the woman, from old age, was wholly unable to work.
‘The guardians, however, refused, but offered to take her
into the workhouse. An application therefore was made for
2 mandamus, commanding the guardians to obey the order.
The guardians returned that no summons had been issued to
them, or to the overseers of Berry Pomeroy, previously to the
service of the order, and that the several parishes in the union
maintained their poor separately.

Upon demurrer to this return, and after argument, the Court
held that a summons (although not required by: the statute)
cought to have issued, and the guardians heard, if they wished,
before the order was made.

Nembold.v. Coliman et al., 20 Law J. 149, m.; 15 J. P. 872.

Order by Guardians on Overseers, for Contribution.

In 1848 an order was made by the guardians of the Pateley
Bridge Union on the overseers of “the township of Dacre-
cum-Bewerley,” to pay £500 by way of contribution towards
the relief of the poor, &. The money not being paid, a
distress warrant issued against the overseers, and was levied
on the plaintiff, who then brought an action of trespass against
124 RELIEF.—OUT OF THE WORKHOUSE.

the justices who issued it. At the trial, it appeared the Poor
Law Commissioners, by an order, directed nine parishes, town-
ships and places, to be formed into a union, to be called the
Pateley Bridge Union, and amongst them Bewerley and Dacre,
which they treated as distinct townships; they directed them
to contribute to a common fund for the building of a work-
house, and fixed the proportions in which each should contribute.
In fact, the two places had from time immemorial formed but
one township, called Dacre-cum-Bewerley, and evidence of this
was tendered, but rejected by the judge, on the ground that the
order of the Poor Law Commissioners, until quashed on
certiorari, was final ; and the plaintiff had a verdict.

Upon a motion to enter the verdict for the defendant, or a
nonsuit, the Court granted a new trial. They held that the
existence of a legal obligation to pay the contribution was a
necessary preliminary condition to the justices having jurisdic-
tion at all to enforce payment of the guardians’ order; and
if they had no jurisdiction to examine and decide as to the
validity of the justices’ order, the provision in stat. 11 &12
Vict. c. 44, s. 1, which directs that in all cases where they act
within their jurisdiction the action against them should be an
action on the case and not an action of trespass, does not apply
to them. But the Court (dub. Alderson, B.) held that,
although the order of the Poor Law Commissioners must be
deemed valid, until removed by certiorari and quashed, yet
their order in this case was merely, in substance, that both
Dacre and Bewerley should form parts of the union; and as
the Commissioners had fixed the sum each township ought to
contribute, there was no difficulty in ascertaining what was due
from both, by adding them together. Rule for a nonsuit dis-
charged, and rule absolute for a new trial.
SETTLEMENT.—BY BIRTH. 125

PART IV.

SETTLEMENT.
Serrtement. (By Birth.)

R. v. St. Mary, Newington, 4 Q. B. 681; 12 Law J. 68, m.;
? J.P. 321.

If the Mother of an illegitimate Child marry, the Child acquires the
Husband’s Settlement,

A special case stated that M. A. Skeete was formerly married
to one Marks, whose settlement was in St. Mary’s, Newington,
and by him had one child. After his death she had two ille-
gitimate children, one born in St. Mary’s, in November 1834,
the other in the parish of Hayes, in Kent, in 1888. She then
married Skeete, whose settlement was in the parish of Cudham.
And upon an order removing these children, it became a
question whether the two illegitimate should be removed
to St. Mary’s, Newington, which was the mother’s settlement
when they were born, or whether they were settled in the
parish of Cudham where the mother had acquired a settlement
by her second marriage.

For the respondents it was argued, that although by stat.
4&5 W.4.c.76,s. 71, illegitimate children were to follow
the settlement of their mother, until they attained the age of
sixteen, that must be understood to mean settlements which
she may acquire in her own right. But the Court held that
the above section could not have the meaning contended for
by the respondents, and that the parish of Cudham was the
place of settlement of the illegitimate children.

R. v. Sutton-le-Brailes, 5 E. & B. 814; 25 Law J. 57, m.;
20 J. P. 502.

An illegitimate Child, whose Mother dies before he is Sixteen, retains his
Mother’s Settlement until Sixteen.

The mother of an illegitimate child, in 1849 married a man
whose settlement was in Sutton-le-Brailes, when the child was
126 SETTLEMENT.—BY BIRTH.

about two months old. In January 1851, all three were
removed by order from Moreton-in-Marsh to Sutton-le-Brailes,
against which order there was no appeal; and the mother died
in the April following. Afterwards, in 1855, the child be-
coming chargeable to the hamlet of Stowerton, Stowerton
obtained an order for her removal to Sutton-le-Brailes, against
which the latter appealed. -Upon a case stated, the question
was whether the child being entitled to the settlement of the
mother, the settlement did not cease on the mother’s death.
The Court held that it did not, but that the child was entitled
to the settlement the mother last had, until it should attain
the age of sixteen; they said that the stat.(4 & 5 W. 4, c. 76,
8.71) was quite plain and explicit upon the subject. Order
confirmed.

Overseers of Bodenham v. Overseers of St. Andrew, Worcester,
1H. § B. 465; 22 Law J. 29, m.; 17 J.P. 360.

An illegitimate Child, attaining the Age of Sixteen, no longer has the Settle-
ment of its Mother, but the place of its Birth is its place of Settlement.

Amelia Preece, an illegitimate child, was born in the parish
of St. Andrew in September 1834; and in 1836 her mother
married a man whose settlement was elsewhere. In 1852,
Amelia Preece and an illegitimate child she had, becoming
chargeable. to the parish of Bodenham, an order was obtained
for their removal to the parish of St. Andrew, against which
the latter parish sppealed, and a case was stated by consent for
the opinion of the Court of Queen’s Bench. That Court, after
argument, held that Amelia Preece, being more than sixteen
years of age, could no longer have or follow the settlement of
her mother, under stat. 4 & 5 W. 4, c. 76, s. 71, but immedi-
ately on attaining that age she had the settlement she would
have had if that statute had never passed, namely, her birth
settlement. Judgment. for the respondents.
SETTLEMENT.—BY BIRTH. 127

_*

Rv. Tipton, 8 Q. B. 215; 11 Law J. 89, m.; 6 J. P. 568.

A Settlement by Birth, in a Parish comprising several Townships, is lost by
the Townships being afterwards separated, and Overseers appointed for
each of them.

Upon an appeal against an order for the removal of Elizabeth
Shaw, from the parish of Tipton to the township of Hales
Owen, it appeared that the pauper was born in the parish of
Hales Owen in 1822; the parish at that time maintained its own
poor; it comprised thirteen townships, one of which was the
township of Hales Owen, in which the workhouse of the parish
was situate, and the pauper was born a bastard in that work-
house, her mother being chargeable to the parish at the time ;
afterwards, in 1832, an application was made to the justices’ to
‘appoint two overseers for one of the townships, under- stat.
18 & 14 C. 2, ¢. 12, s. 21, which they refused, but a mandamus
was obtained commanding them to do it, and they thereupon
appointed two overseers not only for that township, but also
for each of the others. The pauper afterwards becoming
chargeable to the parish of Tipton, an order was obtained for
her removal to the township of Hales Owen, as the place of her
birth, against which that township appealed, and a case was
granted, stating the above facts.

It was argued for the appellants that the pauper at the time
of her birth could not gain a settlement in the” township, for
the township did not then maintain its own poor; but even if
she could, yet as she was born in a workhouse, by stat. 54 G. 8,
c. 170, s. 8, she must be deemed to be settled in the township
of Oldbury (another of the above townships), from which her
mother had been sent. To this it was answered that the
statute did not apply to a case like this, for Oldbury was 4 part
of the parish of Hales Owen at the time; but the question here
-was whether the township of Hales Owen, where the pauper
was born, was now a place to which she might be removed.

The Court held, that whether the birth was in one township
or another was, before the separation of the townships, wholly
immaterial ; it was not a settlement gained in townships A. or
128 SETTLEMENT.—BY BIRTH.

B., but in P the district where dlone it gpnld be gained, the
pacish. It was not a settlement gained equally in the parish,
and each of the townships comprised in it, but in the parish
alone. It had been suggested as a difficulty that unless the
Court held that the pauper was properly removable to the
township of Hales Owen, a parish by subdivision would get rid
of settlements, and that persons who would otherwise have
>

gained them might have none. But a similar result happened,
under circumstances nearly the converse of the present, in the
case of Staighton-on-the-Hill (2 B. & Ald. 162), where it
appeared that the pauper had gained a settlement in Staighton, .
and afterwards in Gloverstone, then a township ; but owing to a
certain alteration in the castle of Chester, all the houses in
Gloverstone were pulled down, and it ceased to ‘exist as a town-
ship; and the removal was accordingly into Staighton, as the
last practicable place of settlement: the Court, in that case,
however, held that the settlement in Staighton was extinguished
by that in Gloverstone, although the necessary effect of the

decision was to leave the pauper without any settlement at all.

Lf. v. All Saints, Derby, 14 Q. B. 207; 19 Law J.14 m. ;
14 J. P. 23.

Children of Irish Parents born in this Country, may be removed to their
place of Birth, if their Parents desert them,

Joseph and Sarah Doland, the children of Irish parents,
neither of whom had any settlement in England, were born in
Sheffield ; the parents afterwards resided in All Saints, Derby,
where the mother died; and the father afterwards deserted the
children, when the one was eight and the other six years old,
and they then became chargeable to the parish. All Saints
then obtained an order for their removal to Sheffield, against
which the latter appealed; and the sessions quashed the order,
subject to the opinion of the Court of Queen’s Bench.

The Court held that these children were removable to Sheffield
as the place of their settlement. They could not be removed to
Ireland, under stat. 8 & 9 Vict. c. 117, for that statute only
SETTLEMENT.—BY MARRIAGE 129

relates to an Irish person, who by himself, his wife, or children,
becomes chargeable; and he must be one of those removed.
But here the children were English, and they could not be
removed to Ireland alone. Order of sessions quashed.

R. v. St. Giles, Cripplegate, 17 Q. B. 636; 21 Law J. 26, m.;
16 J. P. 244,

Settlement by birth of Children born in this Country of Irish Parents.

Where a girl, born in the parish of St. James, Westminster,
of Irish parents (who had no settlement in England), left her
father’s house, without his consent, when she was about the age
of seventeen years, and went to live with a labouring man as his
wife, in the parish of St. Giles, Cripplegate, and had several
children by him. Upon his death, becoming chargeable to the
parish of St. Giles, an order was obtained for her removal to
the parish of St. James as the place of her settlement, against
which the latter appealed ; when the order was quashed, subject
to the opinion of the Court of Queen’s Bench.

The Court, after argument, held that the girl was properly
removed to the parish of St. James, as the place of her birth
settlement; she could not be removed to Ireland without her
father, and her father could not be removed, for he was never
in St. Giles, the removing parish.

Srerttement. (By Marriage.)

R. v. St. Mary-le-bone, 16 Q. B. 852; 20 Law J. 61, m. ;
15 J P. 208.

Englishwoman married to a Scotchman who had no Settlement, in what
Cases removable to her maiden Settlement.

Ann Sellers, before her marnage, had gained a settlement in
Mary-le-bone. She married Sellers, a Scotchman, and lived
with him three years in St. George’s parish, and they had one
child. Sellers was a seaman, and was often absent on voyages,
on which occasions he assigned half his pay for her main-
tenance; and at the end of each voyage he always returned to

w
130 SETTLEMENT.—BY MARRIAGE.

his home in St. George’s. During one of his voyages to Calcutta,
she and her child became chargeable to the parish of St. George,
and an order for their removal to the parish of St. Mary-le-bone,
as the place of her maiden settlement, was obtained ; against
which Mary-le-bone appealed; and the sessions confirmed the
order, subject to a case.

The Court, after argument, held that they were properly
removed to the place of the mother’s maiden settlement; they
could not be removed to Scotland without the father; they
could only be removed to the mother’s maiden settlement, in the
same way as where the father (not having a settlement) deserts
his family ; and the father’s going to Calcutta, in this case, was
equivalent to desertion. Order of sessions confirmed.

BR. v. Birmingham, 8 Q. B. 410; 15 Law J. 65, m.;
10 J. P. 295.

Widow and her Children removed to her maiden Settlement, without inquiry
as to the Husband’s Settlement.

A woman, before marriagé, gained a settlement by hiring and
service in Cheltenham. She afterwards had two illegitimate
children, one (William) born in 1833, and another (Henry)
in December 1834. She then married the father, and had
three legitimate children by him. She stated in her examina-
tion, “I never knew or saw any relation of my late husband,
nor can I tell to what parish or place he belonged.” And there
was no evidence of any search for the settlement of the husband.
The widow and her children becoming chargeable to Birming-
ham, an order was obtained for the removal of the widow and
four of her children (Henry, James, Eliza, and Edwin) to
Cheltenham, as their place of settlement; against which order
Cheltenham appealed, and the sessions quashed it, subject to a
case.

The Court, after argument, held that the word “ children”
in the order, meant legitimate children, and that as to Henry,
who was illegitimate, the order was bad; as to the mother and
the other three children, it was good: there was no evidence,
SETTLEMENT.—BY MARRIAGE. 1é

one way or the other, that the husband ever gained a settli
ment ; if indeed it had been proved that he had gained a settl
ment, but no one could prove in what parish, it would t
different, and the widow in that case could not be removed 1
her maiden settlement.

R.v. Yelvertoft,6 Q. B. 801; 14 Law J.78, m.; 9 J. P. 196

Proof of the Mother’s maiden Settlement, sufficient evidence of the Settleme:
of her legitimate Child, without proof of inquiry as to the Father’s Settl
ment. A Settlement may be proved upon Appeal, by other eviden:
than was given before the Justices who made the Order.

On an appeal against an order for the removal of Chark
Page from Blaby to Yelvertoft, the sessions confirmed tk
order, subject to a case,—which stated that his mother we
born at Yelvertoft. In the examinations before the magi:
trates who made the order, this was proved by an elder brothe
of the mother ; but at the trial was proved by another witnes:
although the brother was in Court. This was objected to b
the appellants, who argued that it was not competent to th
respondents to prove the birth by another witness, at least nc
without also calling the brother, who was in Court; and als
they contended that no evidence should have been given of th
mother’s settlement, until it was first proved that diligen
inquiry had been made as to the father’s settlement, withou
effect. But the Court of Queen’s Bench held that it was no
necessary at the trial to prove the birth settlement by the sam:
witness that was produced before the magistrates who made th:
order; and, secondly, that evidence of the wife’s maiden settle.
ment is prima facie evidence of the settlement of her child, anc
it lay upon the appellants to rebut it by giving evidence of th:
husband’s settlement in a different parish. They said that the
latter point had been already so ruled in R. v. Harburton
13 East. 311;

x2
132 SETTLEMENT.— BY HIRING AND SERVICE.

Serrtement. (By Parentage.)

R.v. Scammonden, 8 Q. B. 349; 15 Law J. 30, m.;
10 J. P. 199.

Emancipation of Child, when and how.

On an appeal against an order for the removal of Alice Hirst
and her bastard child from Barkisland to Scammonden, the
sessions confirmed the order, subject toa case. The question
turned entirely on the settlement of James Hirst, the father of
Alice. When young, he had lived with his father in Scam-
monden where he was then settled, up to the age of seventeen
years, and then left his father’s house, and never afterwards
returned to it. Upon leaving his father, he voluntarily entered
the local militia for four years, and served twenty-eight days
during each year; but during the rest of the year he lived with
an uncle, and maintained himself by weaving, in a different
parish from that in which his father resided. When he was
eighteen years of age his father acquired a new settlement in
Soyland, and at the age of twenty James Hirst married.

It was contended that James Hirst became emancipated by
separating himself from his father’s family, as he never after-
wards returned. But the Court held that he did not cease to
be a part of his father’s family until he married, and until that
time his settlement followed that of his father. Order of
sessions quashed.

SETTLEMENT. (By Hiring and Service.)
R. v. St. Pancras, 5 Q. B.18; 12 Law J. 180, m.
What residence necessary to prove a Settlement by hiring and Service.

A female pauper was hired as a yearly servant on the 30th
November 1828, and served until 1887. Up to the 30th
November 1833 she resided at the parish of St. Pancras,
and up to March of the next year; but after that until the
SETTLEMENT.—BY HIRING AND SERVICE. 19

end of the service in 1887 she resided in Mary-le-bone. Fx
St. Pancras it was argued that as she had resided in Mary
le-bone forty days before the 14th August 1884, when by sta
4&5 W. 4, c. 76, s. 65, the settlement by hiring and servi
ceased, she thereby gained a settlement in Mary-le-bone. Bu
the Court of Queen’s Bench, on a special case stated, held th:
the fraction of a year from the 30th November to the 14t
August could not be taken into account; and as she resided i
St. Pancras during the last forty days, ending with the 30t
November 1883, the end of that year’s service, she gaine
her settlement in St. Pancras.

R.v. Northowram,9 Q. B.24; 15 Law J. 149,m.; 117. P.4
What a hiring and Service, and not a quasi Apprenticeship.

Upon an appeal against an order of removal of Carolin
Brown from Halifax to Northowram, the sessions confirmed th
order, subject to a case. The question was, as to the settlemen
of James Brown, the father of the pauper. It appeared that
contract was entered into by Binns and Wrigley with Willian
and James Brown to dress silk for them for three years, a
certain wages, and one Bagot (who was also party to the con
tract) was to have 6s. a week, “for superintending an
instructing them (Wm. & J. Brown) in the best manner he i
capable, to make them competent workmen,” and Bagot was t
have the same prices for his own work. And the question was
whether this was a hiring and service, or an imperfect appren
ticeship. The Court, after argument, held it to be a contract. o
hiring and service; Brown under the circumstances stated coul
not maintain an action for not teaching him.

R.v. Walbottle, 9 Q. B. 248; 15 Law J. 158, m. ;
10 J. P. 500.
Exceptive hiring, what.
On appeul against an order for the removal of John Walkei
from High Callerton to Ponteland, the sessions confirmed the
134 SETTLEMENT.—BY HIRING AND SERVICE.

order, subject to a case. It appeared that the pauper and
several others entered into a contract in writing with the
owners of Walbottle Colliery, to work at the colliery from the
5th April 1826, to the 5th April 1827, to hew and work
coals; and it stipulated that they were to be allowed during
the whole period of the hiring (save for one fortnight at Christ-
mas, and in case of accident as thereinafter mentioned) not
less work than would yield each of them 28s. in the fortnight.
But the owners were empowered, if they thought it expedient
for their men to work only nine days in the fortnight, to lay
the pits off work on the other days; also they might lay the
pits off work at Christmas, for not exceeding ten working days;
but the men should, nevertheless, continue the servants of the
owners during the time the pits should be so off work; also
that they should do a full day’s work on every working day, or
a quantity of work equal to a day’s work, and should not leave
their work until such day’s work or quantity of work should
be finished.

The Court held this to be an exceptive hiring, as the masters
were to have no control over their workmen, after they had
completed the quantity of work they were todoinaday. The
clause in the agreement, providing that the men should con-
tinue the servants of the owners, had reference only to the
time that the pits should be laid off work. Order of sessions
quashed.

R. v. Holbech, 4 Q. B. 590; 12 Lam J. 78, m.; 7 J. P.560.
Exceptive hiring, what.

Upon an appeal against an order for the removal of Thomas
Brayshaw and his family from Holbeck to South Crossland,
the appellants, in order to show that he had gained a subse-
quent settlement in Holbeck, by hiring and service, put in an
agreement made between Messrs. Trenton and Murray of Hol-
beck, steam engine makers and iron-founders, and the pauper,

‘whereby the pauper agreed to work for Fenton and Murray for
SETTLEMENT.— BY HIRING AND SERVICE. 18

four years, as their hired servant, in turning iron work or an
other work as an artisan they might put him to, and he was t
devote his whole time and attention to such business durin
the usual working hours which were from six in the mornin
until six in the evening, when in the shop, and from six to si
when working out. It was stated in the case that sometime
the workmen worked under hours, and were paid at the usu:
rate of their wages, with a proportionate deduction for sho1
time ; sometimes when trade was brisk, they worked over-hou)
at the request of their masters, and were then paid for suc
over-time at the usual rate of their wages, without any expres
fresh contract being made. The question was, whether an
settlement was gained by the service of the pauper under thi
agreement.

The Court held this to be an exceptive hiring, and conferre
no settlement; the agreement was to work from six o’clock t
six on each day, and the masters had no right to call upon th
servant to work after the hours specified.

BR. v. Preston, 4 Q. B. 597 ; 12 Law J. 80, m.; 7S. P. 54é
Exceptive hiring, what.

Upon an appeal against an order of removal of Alice Warin
and her child from Preston to Inskip-with-Sowerby, the appel
lants admitted that the pauper was born in their township
and then proceeded to prove a settlement by hiring and servic
in Preston. It was proved that the pauper hired with Messrs
Ainsworth and Sons, to work for them at their mill, at week];
wages. There was no express contract of hiring, but she anc
the other persons engaged at the mill worked under and wer
subject to certain rules, one of which was thus: “ the hours o
attendance are from six o’clock in the morning until half-pas
seven at night, excepting Saturday, when workgshall cease a:
half-past four; half-an-hour allowed for breakfast, and one
hour for dinner; and any person not coming to work at thi
stated periods, shall for every offence forfeit sixpence, to bi
136 SETTLEMENT.—BY HIRING AND SERVICE.

deducted for the time they are absent.” The question was,
whether this was an exceptive hiring.

For the appellants it was argued that it was not, for the
hours mentioned in the rules were merely a compliance with
the Factory Act then in force, which restricted the labour in
factories to a certain number of hours each day.

But the Court held the hiring to be exceptive, as being merely
for so many hours each day. The regulating’ statute which
renders such a contract as this necessary, may prevent any
settlement being acquired under it, and if the effect of it be
such as to induce persons to hire servants to work at particular
hours only, it could not be said that the hirings were not
exceptive.

R. v. Stoke-upon- Trent, 5 Q. B. 303; 18 Law J. 41, m.;
8 J. P. 197.

Evidence as to the usage of Trade in allowing holidays, in respect of a
Settlement by hiring and Service—Special Case, how.

Where several persons, hired at a manufactory for pottery,
signed a. paper stating the prices of work, and added, “ We
agree to lose no time on our own account, to do our work well,
and behave ourselves in every respect as good servants.” One
of these witnesses, being examined as a witness, in an appeal
against an order for his removal, said that he always had the
Sundays to himself, that he used to absent himself at Easter for
two or three days, and at the wakes, and in August, and after
these holidays he returned to his work; but upon the respon-
dents asking him whether it was not the custom of the trade
that the workmen should have certain holidays, and the Sundays
to themselves, the question was objected to, and the objection
allowed by the Court. A case being granted, the question for
the opinion of the Court was stated to be, whether evidence
was admissible-to show an universally prevailing custom in the.
trade to allow workmen holidays at certain fixed times of the
year, and whether the question above stated was admissible : if
the Court should be of opinion that the question was inadmis-
SETTLEMENT.—BY HIRING AND SERVICE. 13

sible, and that the question was improper, then the order c
sessions was to be confirmed; but if the Court should be of
contrary opinion, then the Court of quarter sessions were t
rehear the appeal.

The Court held the evidence to be admissible; it migh
have shown a usage so general, that the contract might hav
been supposed to have reference to it. But Denman, C. J
said, we do not approve of this manner of stating a case, an
cannot consent to send the matter back to the sessions. Th
sessions in stating the case, should have added a provisione
finding in the event of our decision being one way or th
other. The rule must be absolute for quashing the order
sessions.

R.v, Hunnington, 5 Q. B. 273; 18 Law J. 24,m.; 8 J. P.2

Where a Settlement is gained ina Parish by hiring and Service, and th
Parish is afterwards divided into Townships, for each of which Overseei
are appointed, the Settlement is lost.

The parish of Hales Owen consists of the township c
Hunnington, the township of Oldbury and ten other township
in the county of Salop, and three townships in the county o
Worcester. The three townships in the county of Worcestei
had overseers appointed for them, and had always maintaine
their own poor separately from the rest of the parish; th
townships in Salop acted together as a parish, were know:
as the parish of Hales Owen, and maintained its poo
collectively, until 1832, when a mandamus being obtaine
commanding justices to appoint overseers for the township c
Oldbury, they appointed overseers not only for it, but fo
Hunnington, and each of the other townships in the county o
Salop; after which of course each separately maintained it
own poor. Long before this separation, namely in 179(
Wm. Parker hired and served for a year in the township of Hun
nington, and thereby gained a settlement in the parish of Hale
Owen. After the separation, namely in 1848, it became |
question whether the wife and children of William’s son, Joh:
138 SETTLEMENT.—BY APPRENTICESHIP.

Parker, who derived his settlement from him by parentage,
could be removed by order to the township of Hunnington,
where the father had hired and served.

The Court held that there could be no removal to Hun-
nington; they said that BR. v. Tipton (ante, p. 127), had
decided the point. Hunnington at the time of the hiring and
service of the father, did not maintain its own poor, therefore
the settlement was not in it, but in the parish of which it was
part. On that account there could be no removal to the town-
ship of Hunnington; nor could the respondents remove to the
parish of Hales Owen, because it no longer supported its own
poor.

SETTLEMENT. (By Apprenticeship.)

R. v. Wooldale, 6 Q. B. 549 ; 14 Law J. 18, m.; 9 J. P. 85.
Indenture of Apprenticeship, how.

On appeal against an order for the removal of Joseph
Beaumont, from Upthong to Wooldale, the sessions confirmed
the order, subject to a case, which stated—that by indenture
made between Joseph Roberts, of the one part, and the pauper
(therein by mistake called John Beaumont), of the other part,
the said [John] Beaumont hath put himself apprentice to
the said Joseph Roberts, &., and the said Joseph Roberts
covenanted with the said Joseph Beaumont to teach him the
business, &c.; and the indenture purported to be executed by
Joseph Roberts and Joseph Beaumont. Under this indenture
the pauper served and inhabited in Wooldale during the whole
period of the apprenticeship.

It was argued that the indenture was void for this defect ;
or at least it was ambiguous, and the ambiguity being patent,
could not be explained by extrinsic evidence. But the Court held
the indenture to be valid, and that a settlement was gained by
service and inhabitation under it. Taking the whole indenture
together it appeared clearly that the word John had been used
SETTLEMENT.—BY APPRENTICESHIP. 13

by mistake for Joseph; the master covenanted with Josep]
not John, and the pauper executed the indenture by his righ
name, Joseph, and thereby bound himself, so that the mistak
of John for Joseph, in the first part of the indenture, wa
immaterial. It was argued also that the indenture was voi
for the uncertain and imperfect way in which the period ¢
apprenticeship was stated—“for during and until the term ¢
hie attain ages 21 thence next following be fully completed an
ended, during all which time the said apprentice his sai
master well and faithfully shall serve, &c.” But the Cow
held that the meaning evidently was that the binding shoul
continue until the party bound should attain the age of twenty
one, and the time at which the apprentice would attain tha
age might be shown by evidence.

BR. v. Aldbrough, 13 Q. B.190; 18 Law J. 81, m.;
13 J. P. 331.

Indenture of Parish Apprentice, and allowance of it.

Upon appeal against an order of removal of John Berry an
his family from Aldbrough to Leeds, the sessions quashed th
order, subject toa case. The question was, as to the validity o
an indenture by which the overseers of Leeds bound Berry as :
parish apprentice in 18382. By stat. 56 G. 3, c. 189, 8. 1, thi
order of justices for binding a poor child apprentice by parisl
indenture, must be referred to, by the date thereof and th
names of the justices, in the indenture. In this case, the orde
of the justices, the indenture and the allowance were all on thi
same paper, and were of the same date. The order was good
and the indenture was good, except that it contained no referencc
to the indenture; but the allowance of the justices was thus
“Tn pursuance of an Act of parliament made and passed, &e.
“We two of Her Majesty’s justices of the peace in and for the
said West Riding, (one of us being of the quorum) in confirma.
tion of our order or warrant under our hands and seals, bearing
even date herewith, to the overseers of the poor of the saic
parish of Aldbrough, do hereby assent to the binding of the saic
140 SETTLEMENT.—BY APPRENTICESHIP.

John Berry apprentice to the said George Bowman, and sign our
allowance hereof before the same is executed by any of the other
parties hereto ;” this was written on the indenture, and signed
and sealed by the justices.

It was objected that the allowance did not show that it was
made within the jurisdiction of the justices. But the Court
held that the words in the allowance “ We two of Her Majesty’s
justices of the peace in and for the said West Riding, showed
that they were in the West Riding at the time and acting for it.

It was objected also that the indenture did not refer to the
order by the date and the names of the justices. But the Court
held that the allowance did so, and the allowance being upon the
indenture and forming part of it, the direction of the statute was
sufficiently complied with.

And lastly, it was objected that the statement of the grounds
of appeal was bad, as not showing that it was signed by a
majority of the overseers. Under a local Act, fifteen overseers
were appointed for Leeds; and the statement purported to be
made by “ the overseers,” &c., and was signed by nine of them.
The Court held it sufficient; it should be intended on the face
of it that it was signed by a majority, independently of the fact
of its being so. Order of sessions quashed.

R. v. St. George, Bloomsbury, 4 H. § B.320;
24 Law J. 49, m.; 19 J. P. 166.

Order for binding a Parish Apprentice.

On appeal against an order for removing Wm. Murrell from
St. Clement Danes to St. George, Bloomsbury, the sessions
confirmed the order, subject to a case. The question was
whether the order for binding a parish apprentice and the
allowance of the indenture were good. Both of them were
written in the margin of the indenture, and were signed by the
justices, but neither of them stated the county in which they
were signed, the order merely stating that it was made “ at the
board room of the Holborn union workhouse.” No objection
was made to the indenture or the allowance; but the appellants
SETTLEMENT.—BY APPRENTICESHIP. 14

insisted that the order was void, as not showing that it we
made by the justices within their jurisdiction.

The Court, after argument, held that the order was bad, f
the defect stated. The order for binding a parish apprentic
was a judicial act, and must be made, and must appear on th
face of it to be made, within the jurisdiction of the justice
signing it; and as to its being made at the board room of tk
Holborn union workhouse, the Court could not take judici:
notice that such board room was in the county of Middlese:
Order of sessions quashed.

=

f.v. Stainforth, 11 Q. B. 66; 17 Law J. 25, m.;
12 J. P. 105.

Indenture of Parish Apprentice, by whom executed.

Upon appeal against an order of removal of William Moor
and his family from Stainforth to Kirkby Malham, the sessior
quashed the order, subject to a case. The question was, as t
the validity of the binding of Moore as apprentice, by th
township of Langcliffe, to John Maugham, a tailor in th
adjoining township of Kirkby Malham. The indenture wa
executed by the churchwarden and one of the overseers ¢
Langeliffe; and it was objected that it should have bee
executed by both the overseers, inasmuch as the churchwarde
of a township is not, by virtue of his office, an overseer of th
poor. But the Court held that this was remedial by sta
54 Geo. 8, c. 107, s. 2, which makes indentures executed b
the major part of the overseers and persons acting as churcl
wardens of a township as valid as indentures by the maj
part of the overseers and churchwardens of a parish. It we
objected also that the justices who made the order of remov:
had no evidence given to them of the order for binding, bi
the recital of it in the indenture; but the Court held that tk
recital of the order in the indenture, certified by the allowan
of the justices, was admissible as primary evidence of the ordei
it was made in discharge of a duty imposed by stat. 56 G..
c. 189, s. 1, and imposed, probably, for the purpose of makin
evidence of the order. Order of sessions quashed.
142 SETTLEMENT.—BY APPRENTICESHIP.

R. v. Guardians of Holborn Union, 6 E. § B. 715;
25 Law J. 110, m.3; 20 J. P. 693.

Order for binding, by whom executed.

Where an order for binding a parish apprentice in Clerken-
well, Middlesex, was headed “ Middlesex, to-wit,” and was
executed by them “under our hands and seals, at the police
office, Hatton Garden,” it was objected that it did not appear _
on the face of it to be executed in Middlesex, within the j juris-
diction of the justices; to which it was answered, that by stat.
10 G. 4, ¢. 44, s.4 (a Metropolitan Police Act), in describing
the Holborn division of the Metropolitan district, Hatton Garden
was stated to be in Middlesex. The Court held this. to be suffi-
cient: a public statute described Hatton Garden as in the
county of Middlesex, and the Court. therefore could not. doubt
thatthe jurisdiction was sufficiently shown.

R. v. St. George's, Bloomsbury, 16 Q. B. 1005 ;
20 Law J. 200, m.; 15 J. P. 456.

Indenture of Parish Apprentice, by whom allowed.

Upon appeal against an order for the removal of Joseph White
from St. Ann’s, Westminster, to St. George’s, Bloomsbury, the
sessions confirmed the order, subject to a case. White, in 1841,
was apprenticed by the overseers of St. James, Westminster, to
a person’ residing in the parish of St. Ann, whom he served,
and inhabited during the term in St. Ann’s.’ The order for
binding was signed by Mr. Dyer, one of the police magistrates
at the Marlborough: Street Police Court, within whose juris-
diction both parishes were situate. An allowance was also
signed and sealed by him in the ordinary form, under stat.
56 G. 3, c. 189, 8. 1, and another under 56 G. 3, c. 189, s. 2,
as being a police magistrate of the district into which the child
was bound. It was contended that this was not a compliance
with stat. 39 G. 3,c. 189, s, 2, and that the binding was there-
fore void ; although Mr. Dyer was police magistrate for the
SETTLEMENT.—BY APPRENTICESHIP. 14

whole of the Liberty of Westminster, within which bot
parishes were situate, yet the allowance, according to the fa
Meaning of the second section, should have been signed by
different magistrate. But the Court held it correct: in ord
nary cases, by stat. 3 & 4 W. 4, ¢.:68,.s.1, the allowam
might be made by two justices; and by stat. 2 & 8 Vict. c. 7”
s. 14, one police magistrate is enabled within the metropolita
Police district to do whatever two justices can'do elsewher
Order of sessions confirmed.

R. v. Holne, 9 Q.B.70; 15 Law J. 125, m.;10 J. P. 51:

Notice of an intended Apprenticeship of @ Parish Apprentice into a differe:
County, how served.

Mary Honeywell and her bastard child were ordered to t
removed from Buckfastleigh to Holne, which order was aj
pealed against, and the sessions confirmed the order, subject: 1
acase. It appeared that. Mary Honeywell had been apprer
ticed as a parish apprentice by the overseers of Buckfast
leigh to a person residing in Holne, both in Devonshire
and a notice of the intended apprenticeship, directed to tk
overseers of Holne, was served by the overseers of Buckfastleig
on one of the overseers, and was proved before the justices «
the time of the allowance. And the question was, whethe
as: this' notice was directed to all the overseers of Holne,
service upon one only was sufficient. The Court, after argu
ment, said there was no doubt the service of the notice wa
good. Order of sessions confirmed.

Staverton v. Ashburton, 4 EH. § B. 526; 24 Law J, 58, m.;
19 J. P. 229.

Allowance of Parish Indenture, when it must show Jurisdiction.

In 1812, before the passing of. stat. 56 G. 3, c. 189,a
indenture of a parish- apprentice was allowed by two justice:
under stat. 43 El. c.2, who described themselves merely ‘«
justices of the county, without stating where the allowance ws
made. It was contended that:the act of allowing an indentur
144 SETTLEMENT.—BY APPRENTICESHIP.

under stat, 43 El. c. 2, was 2 judicial act, and the indenture in
this case void, as it did not show on the face of it that the
allowance was made within the jurisdiction of the justices.
And the Court, upon a case stated by consent, held that it was
so: the justices have to make inquiries respecting the busi-
ness, the master, the family of the child, &c., and to consider
whether the apprenticeship should take place. It is very differ-
ent from an allowance of such an indenture under stat. 56 G. 3,
c. 139, s. 1, for there the justices make an order previously for
the binding, on which occasion they make all the necessary
inquiries, and exercise their judgment; but in this case there
was no previous order, and the justices had to form their
judgment when required to allow the indenture. "

R.v. Ashburton, 9 Q. B. 871; 15 Law J.97,m.; 10 J. P. 482.
Allowance of Parish Indenture, when it must show Jurisdiction.

Upon an appeal against an order of removal from Manaton
to Ashburton, the sessions confirmed the order, subject to a
case. The pauper was apprenticed by the overseers of Manaton
as a parish apprentice, previously to which an order was made
for the binding by two justices, headed “ Devon, to wit,” in
which they described themselves as “two of Her Majesty’s
justices of the peace acting in and for the said county;” but
the allowance, by the same justices, was merely “ We, whose
names are hereunder written, justices of the peace (whereof one
is of the quorum), do consent to allow,” &c., and signed by
them, without any mention of the place where that was done.
The order was printed at the back of the indenture, and the
allowance at the foot of it, and presumably before the execution.
The Court, after argument, held the allowance to be sufficient:
Lord Denman, C. J., saying, that the order and allowance of
an indenture for binding a pauper are judicial acts, and must
appear to have been done in a regular manner; and I have
entertained some doubts whether, in the present case, the juris-
diction of the allowing justices sufficiently appeared. But,
SETTLEMENT.—BY APPRENTICESHIP. 14

taking the whole of the documents together, I think it may b
inferred, although the Court would carefully avoid encouragin
any laxity in these proceedings.

R. v. Totnes, 11 Q. B. 80; 18 Law J. 46, m3; 138 J. P. 28%

Allowance by Justices of an Indenture, binding a Parish Apprentice into
different County, must show jurisdiction.

The overseers of Totness, which is a borough in the count
of Devon, by indenture, bound a poor boy apprentice to
person residing in Hulton Abbot, in the county of Devon. Th
allowance by the magistrates of the borough of Totnes di
not state where it was made; and the allowance by the count
justices merely described them as justices of the county «
Devon, without mention of any place where it was signed. ]
was objected that it did not appear that the justices allowe
the indenture within their jurisdiction. The Court held th:
the allowance by the borough justices was sufficient, for the
had made the order for the binding; but the allowance by th
county justices was bad, for as it was a judicial act, it ought t
have shown on the face of it that it was made in the count
of Devon; and that the omission rendered the indentures void.

R. v. St. Mary Magdalen, Bermondsey, 2 E. § B. 809;
23 Lan J. 1, m.; 18 J. P. 21.
Pauper Indenture by Guardians.

Upon appeal against an order for the removal of James Spink
from St. George-the-Martyr, Southwark, to St. Mary Magdaler
Bermondsey, the sessions confirmed the order, subject to a case
The question was, whether Spinks gained a settlement in Si
Mary’s by apprenticeship in 1851.‘ There was an order by on
of the metropolitan magistrates for the binding; he also allowe
the indenture; and the indenture was signed by Spinks, by th
master, and by the churchwardens and overseers of St. Mary’s
and proof was given of the service and inhabitation. And thi
only question was, whether the rules of the Poor Law Com
missioners, made in 1841, and in force at the time of the binding

L
146 SETTLEMENT.—BY APPRENTICESHIP.

had been complied with, although the magistrate certified at the
foot of the indenture in the affirmative. But the Court, after
argument, held all these rules to be directory only, except one,
namely, that relating to the signature of the apprentice to the
indenture in the presence of the guardians, and that appeared to
have been complied with. Order of sessions confirmed.

R.v. St. Giles-in-the- Fields, 2 Q, B. 458; 12 Law J. 52, m.;
7 J. P. 225,

Settlement by Apprenticeship to the Sea.

Upon appeal against an order of removal, the sessions quashed
it, subject to the opinion of the Court upon acase. In 1881
the pauper was duly apprenticed to the sea service for seven
years, and served. But in 1834, the stat. 4 & 5 W. 4, c. 76,
passed, by sect. 67 of which it was enacted “That from and
after the passing of this Act, no settlement shall be acquired by
being apprenticed to the sea service.” And the appellants con-
tended that as the indenture had not expired before the passing
of the statute, no settlement was gained. But the Court, after
argument, held that as he had gained a settlement before the
passing of the’ Act, the 67th section did not apply. Order of
sessions quashed.

R.v. Epsom, 4 #. 5 B.1008, 24 Law J.119, m.; 19 J. P. 484.
Settlement by Apprenticeship to a Chimney Sweeper.

Upon appeal against an order for the removal of Mary Clark
and her children from St. Mary, Islington, to Epsom, the sessions .
confirmed the order, subject to a case. In 1826 George Clark,
the husband of Mary, when above the age of eight years, was
apprenticed by an ordinary indenture to a chimney sweeper, and
served. It was objected that the several requisites of the first
three sections of stat. 28 G. 3, c. 48, such as the consent of
justices, &c. had not been observed. But the Court held that
these sections related only to bindings by parish officers, and

not to an ordinary binding as this was. Order of sessions con-
firmed.
SETTLEMENT.—BY APPRENTICESHIP. 14

R. v. St. Ann, Westminster, 8 Q. B. 561;
16 Law J. 33, m.; 11 J. P. 167.

Secondary evidence of an Indenture of Apprenticeship, which was lost.

Upon appeal against an order for the removal of a woman an
her children from St. Pancras to St. Ann, Westminster, th
sessions confirmed the order, subject to a case. The questio
was, as to the apprenticeship of the woman’s husband in th
parish of St. Ann; the indenture was lost, and due search for i
was made. But it was proved by the uncle of the husbanc
who was present at the binding, that by indenture duly stampec
his nephew was bound apprentice for six years to a cabine
maker in the parish of St. Ann; and the parties signed an
delivered the same in his presence, and he subscribed his nam
thereto as a subscribing witness. Upon argument, it wa
contended that in absence of evidence to the contrary, this mu:
be presumed to be a parish indenture, and there was no evidenc
of any order of justices for the binding to support it. But th
Court held that there was no ground for presuming a paupe
apprenticeship; on the contrary, there was sufficient proved t
show that it was by an ordinary indenture; the fact of it bein
duly stamped showed that it was not a parish indenture. Orde
of sessions confirmed.

Upon moving for the certiorari in this case, an objection wa
stated, which was not raised by the special case itself; but th
Court held that the practice was inadmissible.

°

R. v. East Stonehouse, 10 Q. B. 230; 16 Law J. 49, m.;
11 J. P. 227.

Secondary evidence of an Indenture of Apprenticeship, which was lost.

Upon appeal against an order for the removal of a woma
and her children from East Stonehouse to Milverton the session
quashed the order, subject to a case. The question was, as t
the settlement by apprenticeship of her husband, who was
private in the royal marines. Sufficient search had been made
but ineffectually, and it was presumed to be lost. And a
secondary evidence of it, the husband swore that he was boun

L2
148 SETTLEMENT.—BY APPRENTICESHIP.

out as a parish apprentice by the parish officers of Chipstable, to
Robert Besley, a farmer, residing in Milverton. And one of the
overseers of Chipstable produced the register of poor children
apprenticed by the overseers of that parish, kept in pursuance of
stat. 42 G. 8, c. 46, which contained, in columns, the date of the
indenture (which appeared to be 1823), name of the apprentice,
sex, age, residence, name of the master, his trade, his residence,
term of apprenticeship, names of the overseers who were parties,
and the names of the magistrates assenting; and in this last
column, the names of the magistrates were written by the
magistrates themselves.

But the Court, after argument, held this secondary evidence
to be insufficient. It was a parish apprenticeship since the
passing of stat. 56 G. 8, c. 139, which required a previous order
of justices for the binding ; the register was secondary evidence
of the particulars stated in it by stat. 42 G. 3, c. 46, s. 3, but it
was no evidence that any order for binding had been made, or
that the magistrates had allowed the indenture before the parties
executed it, without which the binding would be a nullity.
Order of sessions confirmed.

BR. v. Chiswick, 10 Q. B. 241, 2.3 8 J. P. 758.
Proof of Parish Indenture.

To prove a parish apprenticeship under stat. 56 G. 3, c. 189,
it is not sufficient merely to put in the indenture, and prove its
execution ; but the order for binding, and the allowance of the
indenture by the justices, must be proved.

R. v. Kenilworth,? Q. B. 642; 14 Law J. 160, m.;
9 J. P. 680.

Proof of search for Indenture, before giving secondary Evidence of it.

Upon appeal against an order for the removal of Charles
Dencer, his wife and children, from Bermondsey, to Kenilworth,
the sessions confirmed the order, subject to acase. The question
was as to the apprenticeship of Dencer’s father in the appellant
parish. The indenture was not produced ; but it was proved by
SETTLEMENT.—BY RENTING A TENEMENT, ETC. 14

@ witness that he went to the different persons likely to have j
(stating their names and residences, and the answers given b
them), some of whom told him that they had searched for it
and had not been able to find it, and in two instances he sav
the search made. This was objected to by the appellents, wh
contended that the persons who made the search ought to hav
been examined as witnesses, as what they said was not evi
dence. But the Court held it to be sufficient; it was merel:
required that reasonable evidence should be given, sufficient t
satisfy the sessions that a bond fide and diligent search had bee.
made for the instrument; and as to the reception of hearsa
evidence for the purpose, the hearsay in this case was a part c
the transaction, a part of the proof that the witness had made

diligent search. The Court intimated, however, that this was

question entirely for the sessions, and ought not to have bee
submitted to them ; it was for the sessions to be satisfied that

bond fide and diligent search had been made for the instrumen
before they admitted secondary evidence of it; and in this cas
they had so expressed themselves satisfied. Order of session
confirmed.

Serrtement. (By Renting a Tenement before 2 July, 1819.

R. v. Cumberworth Half, 5 Q. B. 484; 18 Law J. 49, m.;
8 J. P. 500.
Settlement by the feeding of Cattle, before 1819, how stated.

The grounds of appeal stated that the pauper, whilst residin;
in the respondent parish in 1812, rented and occupied a tene
ment there, consisting of ‘the keeping or feeding of a cow, o
which be was the owner, by and on the land and premises o
James Haigh, of Denbigh Hall, for the space of one whole year
and which was of the value of £10 a year at the least, and fo
which the said pauper paid to the said James Haigh the sun
of 4s. a week during the whole year.” This, the respondent
admitted to be true, but argued that it did not prove a settle
ment. The sessions having decided against this settlement, anc
confirmed the order of removal, subject to a case, it was argue:
150 SETTLEMENT.—BY RENTING A TENEMENT, ETC.

for the respondents that the keeping or feeding of a cow “by.
and on the land and premises of James Haigh,” could be con-
strued to mean merely a keeping or feeding by Haigh on his
land and premises, which did not necessarily mean pasture fed.
For the appellants it was argued that the grounds of appeal
named this a “tenement,” and the feeding must therefore be
considered such as would confer a settlement. But the Court
held that a tenement of this descriptiou can be created only by,
an engagement for the feeding of cattle on the produce of some
particular land which is to confer a settlement; and this is not
stated by this ground of appeal. The Court then confirmed the
order of sessions.

R.v. Mendham, 9 Q. B. 971; 16 Law J. 67, m.; 11 J.P. 184.
Settlement by the pasture feeding of a Cow, before 1819.

Upon an appeal against an order for the removal of a widow
and her children, the sessions confirmed the order, subject to a
case. The question was as to the settlement of the father of
her late husband. It was proved that in 1815 he hired a cow
from his master, which in the pasture season was kept on the.
pasture lands of the master’s farm, and in the winter in the straw
yard, and that he put the cow where there was feed for her ;
but at the time of making the agreement, or indeed at any
time, there was nothing said either by the master or himself,
as to manner in which the cow was to be fed, or on what
particular lands.

The Court, after argument, held that there was in this no
evidence from which they could infer a contract that the cow
was to be fed on the growing produce of the land; and that
therefore no settlement was gained by it.

SerrLement. (By Renting a Tenement under stat.59 G.8,c.50.)
R.v. St. Mary, Warnick, 1 E. § B. 816; 22 Law J.109, m3.
17 J. P. 552.

Renting for a Yoar, what within the Act,

Upon an appeal against an order for the removal of Louisa
Collins and her children from St. Mary, Warwick, to Leamington.
SETTLEMENT.—BY RENTING A TENEMENT, ETC. 1f

Priors, the sessions quashed the order, subject to a case. T
husband of the pauper had entered into possession of a hou:
at mid-day on the 30th September, but the agreement for tl
tenancy was not made until 7 o’clock in the evening of th:
day, and he remained in possession until 4 o’clock in the day «
the 29th September in the year following. The amount «
rent, the payment of it, residence, &c, was such as the Ac
required; the only question was, whether Collins had actuall
occupied the house for a year. The Court, after argumen
held that he did occupy for a year; the general rule being, th:
the law does not regard fractions of a day. The rule was tb
same in the case of hiring for a year.

SETTLEMENT. (By Renting a Tenement under stat.
6 G. 4, e. 57.)

R. v. St. Lawrence Appleby, 6 Q. B. 842; 14 Lan J. 56, »
and M. 8.; 9 J. P. 69.

Settlement, by a joint renting of Land by two Persons.

Upon an appeal against an order for the removal of Mary th
widow of George Liddle and her children to St. Lawrenc:
Appleby, the sessions confirmed the order, subject to a case
which stated,—that on the 1st February 1829, George Liddl
and one Robert Spence jointly rented a farm, consisting of ¢
house and 70 acres of land in the parish of St. Lawrence, fron
one Sedgwick, at a rent of £76. The house (which was ¢
separate and distinct dwelling house), was of the annual value
of £16, the land of the annual value of £60, They jointly
occupied and paid rent for three years.

It was argued for the appellants, that as the stat. 6 G. 4, c. 57,
(the statute then in force upon the subject) required the tenement
to consist of a separate and distinct dwelling house or building,
or of land or of both, no settlement could be gained by a joint
occupation of them by two persons. But the Court held that
the words “separate and distinct” related only to house and
152 = sETTLEMENT.—BY RENTING A TENEMENT, ETC.

building, and not to the land; and as the annual value of the
land exceeded £10 as the share of each tenant, they both
acquired settlements by renting it.

SETTLEMENT. (By Renting a Tenement under stat.1 W. 4,
ec. 18, and 4 § 5 W. 4, ¢. 76.)

R. v. Hulme, 4 Q. B. 588; 12 Law J. 100, m.; 7 J. P. 870.

Renting a Tenement and being Rated for it, under 4 & 5 W. 4, c. 76, s. 66,
not necessary that the Tenant’s name should be mentioned in the Rate.

Upon an appeal against an order of removal of Joseph Gray
and his wife from the township of Hulme to the township of
Manchester, the sessions quashed the order, subject to a case,
which stated,—That at the hearing it was admitted that Gray
had gained a settlement in Manchester; but it was proved that
afterwards he rented a house in Chorlton-upon-Madlock for a
year and upwards, from June 1888, to December 1839, at £28
a year, paid the rent, and paid poor rate during one whole year;
but it appeared that in one poor rate for July, 1838, although
the house was rated, and the owner’s name stated under the
columns for it, yet the name of the occupier was left blank; the
collector, however, demanded the rate of the pauper, and he
paid itin May 18389. In the next assessment his name was
regularly entered, but he did not pay the rate. The question was
whether this was a compliance with the provision in stat.4 & 5
W.4, c. 76,8. 66.

For the settlement it was argued that it was not necessary
that the occupier’s name should be inserted in the rate, if the
parish had notice of the party really rated ; it was so decided in
R. v. Walsall (Cald. 35), and several other cases on stat.
38 W. & M.c.11, 8. 6. On the other hand it was argued that
there was a material difference between the two statutes, one
required the party to be “assessed,” the other “ charged.”

The Court held that there was no difference between
“assessed” in the one case and “charged” in the other. It
SETTLEMENT.—BY RENTING A TENEMENT, ETC. 15.

was not required by stat. 4&5 W. 4, c. 76,8. 66, that th
party’s name should be inserted in the rate; all that it require
was, that he should be assessed and pay the rate for one yea
The settlement in Chorlton-upon-Madlock was therefor
sustained.

R. v. Husthwaite, 18 Q. B. 447,21 Law J. 189, m.;
16 J. P. 696.

Rating, where the renting is by joint Tenants.

Upon appeal against an order for the removal of Ursul
Atkinson and her children from Knayton-cum-Brawith t
Husthwaite, her husband William Atkinson having abscondec

* the sessions confirmed the order, subject toa case. The questio
was, whether the husband had gained a settlement by rentin
a tenement, and being assessed and paying rates for it, unde
stat. 4 & 5 W.4,c.76. <A farm was jointly rented by Williai
Atkinson the husband, and by Thomas Atkinson his father, i
the parish of Husthwaite, fora year, at a rent of £70, the so
residing on and managing the farm, the father residing on
farm which he had in an adjoining parish. The rent and th
value of the land were sufficient to confer a settlement upon bot
father and son, and the occupation and residence of the son fc
@ year was proved, and that the rent and rates had been paid b
the father was admitted, the farming stock belonging to tk
son. The only question remaining was, whether the son wi
“ assessed ” to the poor rate, and “ paid” the same during tl
whole year, within the meaning of the statute. There wei
three poor rates in the year, the first two on “ Atkinson, Mr.
the third on “Thomas Atkinson,” and all three were paid b
the father.

The Court after argument, held that the son gained a settl
ment by this renting of a tenement, &c. It had already bee
decided that if two.tenants jointly rent a piece of land at the rei
of £20 or upwards, both might gain settlements by it. As {
being “assessed” to the poor rate, William, the son, was tl
actual occupier of the land, was known to the overseers as suc.
154 SETTLEMENT.—BY ESTATE.

and the name under the column “ occupier” in the rates must be
intended to refer to him; and as to the payment of the rate,
though actually made by the father, it must be understood as
made by him on account of both, and he would be entitled to
have credit for it in the joint accounts. Order of sessions con-
firmed.

Serriement. (By Estate.)
R. v. St. Mary, Castlegate, 21 Law J. 106, m.; 16 J. P. 87.

Settlement by Estate, what.

Upon an appeal against an order of removal of Susannah
Powall, widow, from St. Mary, Bishophill to St. Mary, Castle- .
gate, a special case for the opinion of the Court of Queen’s
Bench was stated by consent. Money had been bequeathed to
the mayor, &c., of York, to build a hospital for the reception of
twenty poor women, the widows of freemen of the city, each to
have a room to herself, and £4 a year for life. The hospital
was accordingly built, and the pauper, one of the poor widows,
who was in possession of a room for her life, becoming chargeable
to the parish of St. Mary, Bishophill, in which the hospital was
situate, the order now appealed against was obtained to remove
her to the parish of St. Mary, Castlegate, as her place of settle-
ment. It was contended by the appellants that this was an
estate to which the pauper was entitled for her life, and that
she could not therefore be removed from it. But the Court
held that it was no estate; to confer a settlement by estate, the
estate must be legal or equitable, and this was neither. Order
of removal confirmed with costs.

R. v. Burgate, 3 EB. §& B. 823; 28 Law J. 148, m.;
18 J. P. 681.

Estate devised to be sold.

Upon an appeal against an order for the removal of Ann
Torbold and her children from Mellis to Burgate, the sessions
SETTLEMENT.—BY ESTATE. 15

confirmed the order, subject to a case. A testator by his wi
directed that a freehold estate should be sold within six month
after his wife’s death, and the produce equally divided betwee
his children, one of whom was the pauper. After the widow’
death, the pauper resided for more than forty days on th
devised property, and until it was sold under the provisions c
the will. The question was, whether the pauper had any estat
in the devised premises, from which she could gain a settlement
The Court, after argument, held clearly that she had: the leg:
estate descended to her, and she had a right to reside upon ii
until the power of sale should be exercised. Order of session
quashed.

R. v. Halifax, 4 B. & B. 647; 24 Law J. 65, m.;
19 J. P. 244.
Estate by Marriage, Settlement by.

Upon appeal against an order for the removal of Maria Lan
widow, from Halifax to Southowram, the sessions quashed th
order, subject to a case. John Law, the late husband of th
pauper, had before his marriage a settlement in Southowram b
birth. Before and at the time of his marriage, the pauper wa
living as a tenant of a cottage in Halifax, but.on what terms c
for what term did not appear; but Law and his wife, after thei
marriage, resided in the cottage for upwards of a year. Th
question’ was, whether John Law had gained a settlement, b
residing in this tenement for forty days, after it had- become hi
by marriage.

The Court, after argument, held that he had gained a settle
ment by the estate he acquired by his marriage. There wa
enough disclosed in the case to show that the woman before he
marriage was possessed of the cottage for a term of years o
from year to year, in either of which cases the husband’s resi
dence in it for forty days, would give him a settlement in th
parish. But even supposing the woman to be tenant at wil
merely, she, and, after her marriage, her husband, were irre
moveable so long as the will was not determined. Ordero
sessions confirmed.
156 SETTLEMENT.—BY ESTATE.

R. v. Cuddington, 14 Lan J. 182, m.; 9 J. P. 718.

House built on an Inclosure from the waste, for which an acknowledgement
is paid to the Lord, does not confer a Settlement.

Upon appeal against an order as to the settlement of William
Tomlinson, the sessions confirmed the order, subject to a case.
In 1769, the pauper’s grandfather inclosed a piece of land from
the waste, and built a cottage on it, in which he resided for
sixty years. During the whole of that time he paid rent for it,
—at first 2s. 6d. a year, and upon a further inclosure of land for
a garden, the rent was increased to 3s. The Court, after argu-
ment, held that no settlement was gained by this holding and
residence, for the 2s. 6d. and 8s. paid as rent were clearly
acknowledgments of the lord’s title. Order of sessions quashed.

R. v. Knaresborough, 16 Q..B. 446; 20 Law J. 147, m.;
15 J. P. 259.

Residence, what required, in gaining a Settlement by Estate.

Upon appeal against an order for removing John Wheatley,
his wife and children from Knaresborough to Coneythorpe, the
sessions quashed the order, subject to a case. The question
was, what settlement the pauper, John Wheatley, derived from
his father on the 27th April 1837, the date of the pauper’s
emancipation. In 1828 the father purchased an estate in the
parish of Coneythorpe, and resided on it, with little intermission
until his son’s emancipation. But on the 6th April 1836, he
took a farm for a year in the neighbouring parish of Cattal, and
within six miles of Coneythorpe, at a rent of £46 a year, and
occupied it, was rated for it, paid his rent and rates, and resided
more than forty days upon it, whereby he gained a settlement
in Cattal on the 6th April 1887. Between that time and the
emancipation of his son, he resided several days, but not forty,
in Coneythorpe. The question was, whether, after gaining the
settlement in Cattal, he afterwards gained a settlement in
Coneythorpe by residing on his estate, the appellants contending
SETTLEMENT.—BY ESTATE. 157

that there must have been a fresh residence of forty days on
the estate after he gained the settlement in Cattal, to confer on
him a settlement in Coneythorpe.

The Court, after argument, held that the residence in Coney-
thorpe after the 6th April 1837, might be joined to that which
occurred before the father went to Cattal, and being together
more than forty days, the settlement of the father on the 27th
April 1837, when his son was emancipated, was in Coneythorpe,
and the son of course derived that settlement from him. The
principle was the same as in settlement by apprenticeship.
Order of sessions quashed.

R. v. Saffron Walden, 9 Q. B.76; 15 Law J. 115, m.;
10 J. P. 499.

Residence within ten miles, to retain a Settlement by Estate.

Upon appeal against an order for the removal of George
Reynolds, his wife and children from Saffron Walden to the
parish of Arkesden; the latter parish contended that he had
acquired a subsequent settlement in Furnaux Pelham, and the
sessions quashed the order, subject to a case. Reynolds, who
had been settled in Arkesden, acquired a settlement by estate in
the parish of Furnaux Pelham by residence on it upwards of
forty days. He subsequently removed to Saffron Walden,
where he resided up to the time the order was obtained for his
removal. And the question was, whether a residence in Saffron
Walden was an inhabiting “within ten miles,” within the
stat. 4 & 5 W. 4, c. 76, s. 68, so as to continue the settlement
by estate he had acquired. The place where the pauper resided
in Saffron Walden was distant from the boundary of the parish
of Furnaux Pelham more than ten miles by the nearest road,
but if a straight line were drawn from the one to the other, the
distance would be only nine miles; so, the estate was distant
from the boundary of the parish of Saffron Walden more than
ten miles by the nearest road, but if a straight line were drawn
from one to the other the distance would be only nine miles;
and the distance from the boundary of the parish of Furnaux
158 SETTLEMENT—BY ESTATE.

Pelham to the boundary of the parish of Saffron Walden, by
either mode of measurement, was less than ten miles.

The Court, after argument, held that the words “ within ten
miles thereof,” in stat. 4 & 5 W. 4, c. 76, s. 68, mean within
ten miles measured in a straight line from the house where the
party inhabits, to the boundary of the parish in which the
estate is situate. And that at the date of the order of removal,
therefore, the parish of Furnaux Pelham was the last place of
settlement of Reynolds. Order of sessions confirmed.

R. v. Llansaintffraid Glan Conway, 2 #. § B. 808;
25 Law J. 5, m.; 18 J. P. 28.

Husband removing more than ten miles from Estate, he and his Wife and
Children lose their Settlement.

Upon appeal against an order for the removal of Mary, the
wife of Thomas Roberts, and their four children, from Aber to
Llansaintffraid Glan Conway, the sessions confirmed the order,
subject to a case. Before, and at the time of the marriage in
1844, the woman was possessed of a cottage in Llansaintffraid
Glan Conway, as tenant from year to year, at an annual rent of
£2 10s. After the marriage they resided in the cottage for
about nine months, when they left, and resided at a greater
distance than ten miles from the parish until 1853, when the
husband absconded and deserted his wife and children. His
settlement previously to his marriage was unknown, and he had
acquired none since he left the appellant parish.

The Court, after argument, held that the husband no doubt
gained a settlement in the appellant parish, but he lost it, and
his wife, and his children (being unemancipated), lost it, by his
removing and residing at a distance of more than ten miles
from that parish. Order of sessions quashed.
SETTLEMENT.—BY ESTATE. 15!

Wendron v. Stithians, 4 E.G B. 147; 24 Law J.1,m.;
19 J. P. 39.
What an Estate within stat. 9 G. 1, c. 7,8. 5.

Upon appeal against an order for the removal of Ani
Reed, widow of John Reed, and their children, from Stithian
to Wendron, a case by consent was stated for the opinion of th
Court of Queen’s Bench. William Reed, the grandfather o
John Reed, in 1798, took certain premises of one Thomas Reed
at a rent of £1 11s. 6d. a year, on which he built a house, &.
but did not expend thereon £30. In 1804 Thomas Ree
granted a lease to William Reed of the premises, in considera
tion of his having built the house, and half a barn for the join
benefit of himself and another tenant, at the same rent o
£1 11s. 6d., for 99 years, if he William Reed, his wife an
son David should so long live. William Reed lived in th
house until his death in 1835. It was contended that the leas
was, in fact, a gift from Thomas Reed to William Reed, an
not within the stat.9 G.1,c. 7,5. 5, as to estates purchase
‘for a sum” under £30. But the Court, after argument, hel
that there was no evidence here of a gift, or anything in th
nature of it; the consideration for the lease, was the rent to b
paid, the covenants, and the lessee having erected certai
buildings; and a gift not being proved, the stat. 9G. 1, c.%
s. 5, applied. Judgment for the appellants.

R.v. Carlton, 14 Q. B.110; 19 Law J. 100, m.; 138 J. P. 604

Estate acquired by Member of a Building Club, in what cases it confers
a Settlement.

Upon an appeal against an order for the removal of Jan
Ellison and her two bastard children from Carlton to Marsder
the sessions quashed the order, subject to a case. A settlemer
was proved in Marsden; but the question ultimately turne
upon the settlement of Hugh Ellison, the father of Jane, whic
was alleged to be in Carlton. Ellison was a member of a builc
ing club, consisting of fourteen members. In 1822 the clu
purchased land, whereon to build fourteen houses, and had :
conveyed to a mortgagee, who advanced the money for th
160 SETTLEMENT.—BY PAYMENT OF RATES, ETC.

purchase (£178), and other monies, to the amount in all of
£500. This was to be paid, and the remaining expenses of the
buildings defrayed, by monthly or yearly payments from the
members, and by rents received for the houses after they were
built ; and when the whole should be paid, each member was
to have his house conveyed to him by the mortgagee. Ellison
was put in possession of one of the houses, and paid rent for it
to the club, and regularly paid his monthly and yearly contri-
butions, when, in 1839, having up to that time paid £81, the
mortgagee conveyed his house to him in fee.

It was contended by the appellants, that Ellison gained no
settlement by this, because the club, by their purchase, acquired
an equitable estate in the land; and his share of the purchase
money being under £30, he could not add to it the sum
expended in building the house upon it, to bring it up to that
amount.

But the Court held that he had no estate, legal or equitable,
until the house was actually conveyed to him by the mortgagee ;
and by that time he had paid more than £30 fofit, and he
thereby gained a settlement, and the pauper derived that settle-
ment from him.

SETTLEMENT. (By payment of Rates, Sc.)

R. v. St. Mary-le-bone, 15 Q.B.399; 19 Law J. 201, m.;
14 J. P. 559.

In what case a Person is said to be charged with a Poor Rate.

Upon appeal against an order for the removal of Elizabeth
Fish from St. Pancras to Mary-le-bone, the sessions confirmed
the order, subject to a case. The poor rate in Mary-le-bone is
made yearly, but is payable quarterly, and is in fact collected
half-yearly. One Magdon rented a house in the parish of the
yearly value of £10, for which he was rated in April, 1841, and
he paid the rate for the half-year at Midsummer, 1841. The
pauper’s husband then became possessed of the house, and at
Christmas was applied to and paid the other half-year’s portion
of the rate, Magdon’s name still continuing on the rate as the
SETTLEMENT.—BY PAYMENT OF RATES, ETC. 161

occupier of the house. In April 1842 a new rate was made, and
the pauper’s husband’s name substituted in it for Magdon’s; but
he never afterwards paid the rate. By a local Act, 35 G. 8,
c. 73, for the management of the poor in Mary-le-bone, if after
a rate is made the occupier of a house shall quit it, and another
become possessed of it, each shall pay their portion of the rate
in proportion to the time they have respectively occupied. The
question was, whether the husband gained a settlement by being
charged with and paying poor rate.

The Court, after argument, held that he gained a settlement.
Without the local Act, no doubt the payment of the half-year’s
portion of the rate would be but a mere voluntary payment;
but by that Act he was made liable to pay his proportion of the
rate already made, which was equivalent to his being charged
with it; and as he paid it, he thereby gained a settlement.
Order of sessions confirmed

R. v. South Kilvington, 5 Q. B.216; 18 Law J. 8,m.;
8 J. P. 38.

No Settlement by payment of Rates, under 6 G. 4, c. 57, can be gained,
if the Landlord agree to pay the Rates, and pay them.

Upon a special case, it appeared that the pauper in 1840
agreed with the owner of a cottage in South Kilvington to rent
it at the annual rent of £5; nothing was said as to payment of
rates, but the pauper being rated for them, paid them. In
1841 he agreed with the same landlord to take a piece of land
at an annual rent of £14 14s., the owner “to pay the rates
and all that came against it,” on which account the owner
charged a higher rent than he otherwise would. And in a rate
these two tenements were charged in the usual way, the occu-
pier’s name being in one column of the rate, the owner’s in
another. The pauper was called upon by the overseer to pay
the rates for both tenements, and he paid for the cottage,
but referred the overseer to the owner for the rate on the land,
‘who, upon application, paid it. The pauper continued to hold
these tenements for more than a year, and paid the rent; and
the sessions held that he thereby gained a settlement; for,

M
162 SETTLEMENT.—BY PAYMENT OF RATES, ETC.

although he did not actually pay the rate for the land himself,
the owner was his agent for the payment of it, and paid it.
But the Court of Queen’s Bench held that the landlord paid
the rate on his own account, according to his contract, and
that therefore the pauper gained no settlement under stat.
6 G. 4, ¢, 57.

R. v. Benjenorth, 3 E. § B. 687 ; 28 Law J. 124, m.;
18 J. P. 471.
What, a payment of a Rate, to gain a Settlement.

Upon an appeal against an order for the removal of Harriet
Berrington from St. James, Clerkenwell, to Benjeworth, the
sessions confirmed the order, subject to a case. The only
question was, whether her husband, in 1832, paid the rates for
which he was rated. The pauper being examined for the
respondent, said, that she was present, and saw her husband
pay therates on two occasions; but the husband himself being
called as witness by the appellants, declared that he had no
recollection of having paid the rate, and that if it had been
paid, it must have been paid by his wife’s father, as he had
not himself the means of doing so.

The Court, after argument, held that there was no pretence
for saying that the rate in this case was paid by the party
rated ; a payment by a stranger, without the authority of the
party liable, was not a payment of the rate within the meaning
of the statute.

R. v. St. Olave, Southwark, 5 Q. B.912; 8 J. P. 759.
Ground of Appeal as to a Settlement by rating, how.

Upon an appeal against an order for the removal of James
Walker from the parish of St. Olave to the parish of St. Mary
Magdalen, Bermondsey, it was stated as a ground of appeal
“ that the said J. Walker, in or about the month of May, in
the year 1821, became tenant of a house in Fore Street, in the
parish of St. Clement, in the town and borough of Ipswich, in
the county of Suffolk, and hired the same of a Mr. Garrard, at
the yearly rent of £15, and oceupied and resided therein for
SETTLEMENT.—BY SERVING OFFICE. 16.

upwards of seven months, and paid one or more of the parochis
rates or taxes in respect of the said house,” and thereby gaine
a settlement. This was objected to, on the ground that it di
not state that Walker had been rated. But the session
quashed the order, subject to a case as to the sufficiency of thi
ground of appeal. It was argued for the appellants that it wa
clear that the premises were rated, and as the pauper paid th
rates, the Court would infer (although not expressly stated
that he was rated for them. The Court said that they couk
not make such inference, for he might have paid the rates th
very day he came in. Order of sessions quashed.

Serrrement. (By Serving Office.)
R.v. Ossett, 16 Q. B. 975; 20 Law J. 205, m.; 15 J. P. 496

Settlement by serving as Parish Clerk.

Upon appeal against an order adjudicating the settlement c
a pauper in Ossett, the sessions confirmed the order, subject t
acase. It was admitted that the pauper was settled in Ossett
unless he had obtained a subsequent settlement in the townshi
of Alverthorpe-with-Thornes, in the parish of Wakefield, unde
these circumstances:—Alverthorpe is a hamlet, and so is Thorne:
In 1825, a new church was built in Alverthorpe by the parlia
mentary commissioners, and a district assigned to it; and th
commissioners assigned a stipend to the minister and a salar
of £15 a year to a clerk, to be paid out of the pew rents. Th
vicar of the parish appointed one Beaumont clerk of thi
church, and in 1826, he appointed Mr. Blackburn to b
minister. In 1828, Mr. Blackburn, conceiving that he had th
right to appoint the clerk, dismissed Beaumont, and verball
appointed the pauper David Townend, clerk in his stead. Thi
was strongly objected to by the vicar, who claimed the righ
for himself; but he took no steps to remove him, and Townen
continued. In 1830 Mr. Blackburn ceased to be ministe:
and was succeeded by Mr. Alderson, and Townend continue
clerk without any new appointment; and Mr. Alderson wa
succeeded by Mr. Morant, who was minister of the church fc

a
164 SETTLEMENT.—-BY SERVING OFFICE.

many years, during which Townend acted as clerk without any
new appointment, and during the whole time he was clerk he
resided in the hamlet of Alverthorpe. There were no church
wardens for Alverthorpe, separately ; the churchwardens were
for the parish of Wakefield. The question was, whether
Townend gained a settlement in Alverthorpe-with-Thornes, by
the execution of this office.

The Court, after argument, held that Townend gained a
settlement by the execution of this office. The office was an
annual one, was a public one, and was the same in fact as that
of a parish clerk, which has been decided to be sufficient to
confer a settlement. As to the appointment, he held the office
for many years, with the full knowledge of the vicar, which
was sufficient. Order of sessions quashed.

R. v. Anderson, 9 Q. B. 663; 11 J. P. 55.

Settlement by serving the office of Assessor and Collector of Land Tax and
Assessed Taxes.

Upon appeal against an order for the removal of James
Furber, his wife and child, from Lytchet Minster to the parish
of Anderson, the sessions confirmed the order, subject to a
case. Furber was duly appointed to the offices of assessor and
collector of the land tax, and also the assessed taxes, in the
tithing of Chalding West, in the parish of Chalding Herring,
and served during 1832, 1838, and 1834, and subsequent years,
and during all that time he was an inhabitant and resided in
Chalding Herring. It was objected at the hearing, that the
grounds of appeal did not state this to bea “public annual
office,” or that Furber served it “for himself and on his own
account ;” and the sessions, conceiving this to be a good
objection, decided against the settlement. But the Court of
Queen’s Bench held, that as from public Acts of parliament
it appeared that these offices were public and annual, they
must be deemed to be so; and as the case stated that Furber
was duly appointed to them, this primd facie imported that he
served them for himself and on his own account. Order of
sessions quashed.
REMOVAL OF THE Poor. 168

PART V.
REMOVAL OF THE POOR.

R. v. Leeds, 5 Q. B. 916; 18 Law J. 107, m.; 8 J. P. 517

A Wife and her Children cannot be removed to the place of her Maide
Settlement, so as to separate her from her Husband, without he
consent, although he may have consented.

Upon an appeal against an order for the removal of :
married woman and her children from Leeds to Washton, a
to the place of her maiden settlement, it was stated in thi
deposition of the husband that neither his father nor his mothe:
had any settlement in England, and that he had made diligen
inquiries as to the place of his own birth, but could no
ascertain it; he then added that he consented to the remova
of his wife and children to Washton, as the place of his wife’
maiden settlement. The deposition of the wife, however, mad
no mention of her consent. Upon appeal against the order, i
was argued on the part of the respondents, that it must b
implied from the deposition of the wife that she acquiesced ii
the removal, as she said nothing to the contrary. The session
however, quashed the order, subject toacase. In argumen
it was admitted, that assuming the wife consented, the sepa
ration of her and her children from her husband would b
lawful according to the authority of R. v. Eltham (5 East. 113)
but that the authority of that case had been much questione:
in R.v. Leeds (4 B. & Ald. 498), and the decision migh
probably be removed. Lord Denman, C. J., after remarkin;
the endeavour to induce the Court to review the decision i
R. v. Eltham, held that the point did not arise, for want c
any statement of consent on the part of the wife. And th
Court therefore confirmed the order of sessions.
166 REMOVAL OF THE POOR.

R.v. Birmingham, 5 Q.B.210; 18 Law J.1,m.; 7 J. P. 705.

A Child cannot by Order of Removal be separated from its Mother during
its age of nurture, even with her consent.

An order was made for the removal of two children, one
nearly seven years of age, the other four-and-a-half years old,
from Aston to Birmingham. They were with their mother at
the time in Aston workhouse, but had a different settlement
from their mother, and the mother not only consented to their
removal, but wished for it. The mother had been married first
in 1884 to James Atkins, whose settlement was in Birmingham,
and by him she had these two children; after his death, she
in 1841 married Joseph Johns, whose settlement was in
Aston. Birmingham appealed against the order, on the
ground that the children being within the age of nurture, that
is to say, under seven years old, they could not be removed
from their mother, even with her consent.

The Court upon a special case, held that the children could
not legally be separated from the mother, even with her
consent or by her wish, during their age of nurture; for the
rule had been established for the benefit of the children, and
not of the mother.

R.v. Bucknell, 3 E. §& B. 587; 23 Law J. 129, m.;
18 J. P. 503.

Blindness an incurable ‘‘ Sickness,” within stat. 9 & 10 Vict. c. 66, , 4.

Upon an appeal against an order for the removal of Richard
Watts, his wife and children, from Knighton to Bucknell, the
sessions confirmed the order, subject to a case. The order stated.
as part of the complaint, that the relief was not made necessary
by sickness or accident, and the justices adjudged “the same to
be true.” In fact the man was blind, and it was contended that
blindness was a sickness producing permanent disability, within
stat. 9 & 10 Vict. c. 66, s. 4, and the justices ought to have so
certified in their order. Also, the appellants having stated in
REMOVAL OF THE POOR. 16

their grounds of appeal, that certain alleged relief given b:
them to the pauper, whilst residing’ out of their parish, wa
given in error, and under a mistaken belief as to the settlement
the respondents gave evidence of the birth of the pauper in th
appellant parish, to which the appellants objected, as it was nc
stated as one of the grounds of removal.

The Court, after argument, held that proof of the birt
settlement was properly admitted, to disprove the appellant:
allegation that the relief had been given by mistake, But, o
the other hand, they held that incurable blindness was a “ sick
ness” producing “ permanent disability,” within the meaning ¢
stat. 9 & 10 Vict. c. 66, s.4; and as the order did not negativ
‘that, the order was therefore bad. Order of justices and orde
of sessions quashed.

R. v. Huddersfield, 26 Law J. 169, m.; 22 J. P. 160.

Pregnancy, not a “ sickness” within stat. 9 & 10 Vict. c. 66, 8, 4.

Upon appeal against an order for the removal of a sing]
woman from Huddersfield to Fulstone, the sessions quashed th
order, subject to a case. The pauper was in service in Huc
dersfield ; but becoming pregnant, she was dismissed, and the
became chargeable, and was admitted into the workhouse, tl
cause of relief being specified in the books to be “ pregnancy.
At the hearing, the appellants, although they admitted that th
pauper was settled in their parish, objected the pregnancy was
sickness which would not produce permanent disability, and the
the justices should have so certified in their order, and th
sessions being of that opinion, quashed the order. The questio
submitted to the Court was, whether she was removable, unde
stat. 9 & 10 Vict. c. 66, s. 4.

The Court, after argument, held that this was not a cas
within the 4th section of stat. 9 & 10 Vict. c. 64. Sicknes
means disease, and there was nothing in the case to show the
the pauper was diseased. The sessions therefore came to
wrong conclusion, and their order must be quashed.
168 REMOVAL OF THE POOR.

R. v. Prior’s Hardwick, 12 Q. B. 168 ; 18 Law J.177, m.5
18 J. P. 286.

Omission of Certificate that Sickness of Pauper will produce Permanent
Disability, good cause of Appeal.

Upon appeal against an order for the removal of a woman and’
her daughter from Prior’s Marston to Prior’s Hardwick, the
sessions confirmed the order, subject to a case. The order was
in the usual form, without mention of sickness, or any certificate
of the justices in respect of it. But at the hearing of the appeal,
it was proved that the relief was given on account of the sickness
of the paupers; and it was not proved by either party that such
sickness was likely to produce permanent disability. The ques-
tion was, whether the omission to certify, was a ground of
appeal.

The Court, after argument, held that it was; it was required
by stat. 9 & 10 Vict. c. 66, s. 4, for the purpose of preventing
poor persons, relieved on account of mere temporary sickness,
from being removed, and formed an essential part of the order.
As to the sickness being proved before the justices or not, made
no difference. Order of sessions quashed.

R. v. Halifax, 12 Q. B.111; 17 Law J. 158, m.;
12 J. P. 613.

Not necessary to state in an Order of Removal that the Pauper did not
become chargeable by reason of Sickness or Accident,

‘Upon an appeal against an order for the removal of a widow
and her children from Halifax, in the West Riding of the county
of York, to Alnwick, it was objected to the order that it did not
negative that the pauper had become chargeable by reason of
sickness or accident ; also, that it did not appear upon the face
of the order in what part of the West Riding the justices made
the order, they merely describing themselves therein as justices
“in and for” the said riding. These objections the sessions
overruled It was proved at the hearing, that the widow had
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC. 16{

resided with her husband for more than five years at the time o
his death ; that he died on the 18th January, and by.a forme
order of removal made on the 25th of the same month, th
widow and her children were removed to Alnwick, and remaine:
there chargeable to the parish, from the Ist to the 19th. March
but being promised, by the officers of Alnwick, 7s. 6d. ‘a week
if she would return to Halifax, and being paid £3 for he
expenses in going there, she returned to Halifax, , where sh
wished to reside, and where her furniture still remained ; ani
she resided there from that time until the 4th November 184€
when the overseers of Alnwick discontinuing the relief, she agai
became chargeable to Halifax, and was removed: to. Alnwic!
under the present order. The stat. 9 & 10 Vict..c., 66, did no
come into force until the 26th August 1846 ; but it. was con
tended that her first and second residences in Halifax might b
coupled together, so as to make up the five. years, the time sh
was receiving relief from Alnwick not being. reckoned, ‘accordin;
to the proviso in the 1st section of that Act. The sessions wer
of this opinion, and quashed the order, subject to a case.

The Court, after argument, held that the sessions were righ
in overruling the first two objections; there was no ground fo
them. But as to the five years’ residence, the sessions wer
wrong, as the removal of the paupers was a break in it, and th
time of residence began to reckon afresh upon their return t
Halifax on the 19th March, 1846. As to relief not reckoning
the proviso in the Act related only to relief in the parish i:
which the residence was. Order of sessions quashed.

REMOVAL OF THE Poor. (After jive years’ Résidence.)

R. v. Clerk of the Peace for Middlesex; 16 J: P. 586, ene

Irishman irremoveable after five years’ Residence.

An Irishman, who has no settlement in England, is withi
stat. 9 & 10 Vict. c. 66, s. 1, which prohibits the. removal, o
the granting of an order for the removal, of, any: person wh
has been five years resident in a parish.
170 REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

R.v. The Justices of Middlesex, 16 Law J. 185, m.;
11 J. P. 503.

Order of Removal before the Act, Removal after it.

An order for the removal of Sarah Norman was made on the
17th July, 1846; the stat. 9 & 10 Vict. c. 66, came into force
on the 26th August, and the pauper was removed after that
time. The order being appealed against, it was contended that
as the order was made before the passing of the statute, no
appeal would lie against it under that Act, and the Act gave no
appeal against the removal; therefore the sessions could not try
this appeal; and the sessions being of that opinion, refused to
hear it. An application was then made to Wightman, J. for
a mandamus, commanding them to enter continuances and hear
the appeal; and his lordship, after cause shown, being of opinion
that a party might appeal either against the order, or the
removal, granted the writ.

R.v. Glossop, 12 Q. B.117 5.17 Law J. 171, m.; 12 J. P.597.
Residence as a Wife and Widow may be joined, to make up the five years.

Upon appeal against an order for the removal of a widow and
her children from Mottram in Longdendale to Glossop, the
sessions confirmed the order, subject to a case. The paupers
were settled in the appellant parish. The order was made on
the 20th July, 1846 (before stat. 9 & 10 Vict. c. 66), but no
removal took place, as the order was appealed against. One of
the grounds of appeal was, that the pauper had resided five
years in the parish before the application for the order; and it
appeared in evidence that the widow had resided with her
husband more than five years up to the time of his death in
1844, but she had resided only two years in the respondent
parish as a widow before the date of the order.

After argument, the Court held, that although the two years’.
residence as a widow might be joined with the pauper’s residence
as wife, so as to constitute five years in all, and so render her
irremoveable, yet as in this case the order was made before the
REMOVAL OF THE POOR.-AFTER FIVE YEARS, ETC. 17)

statute, it was good; and as there was no removal, there wa
nothing to appeal against. They held therefore that the orde
ought to be confirmed. But as from the length of residence ;
could not be executed, the only use that could be made of :
would be, as evidence of the settlement thereafter. Order «
sessions confirmed.

RR. v. Stowmarket, 17 J. P. 84.

Widow not removable, where she has resided in the Parish before he
marriage, after her marriage, and after the death of her Husban
altogether more than five years.

The pauper, Hannah Rosier, was born in the parish of Uffor
in 1812, resided continuously in that parish from 1829 to 184
when she married Rosier, who had a settlement in Stowmarke
They continued, however, to live in Ufford until his death i
1850; and afterwards she continued to reside there, with on
child she had by the marriage, and three illegitimate childre
she had before it, until 1852; and having been chargeable abot
@ year, an order was obtained for her removal with her famil
to Stowmarket. But the Court held that they were irremove
able; for the marriage altered the settlement only, and did nc
affect the irremoveability.

R. v. Forncett St. Mary, 12 Q. B. 160; 18 Lam J. 125, m.
13 J. P. 505.

After five years’ Residence in the several Parishes of a City, a Man cannot
be removed.

Upon an appeal against an order for the removal of a man, h
wife and children from the parish of St. Stephen in the city «
Norwich to Forncett St. Mary, the sessions confirmed the orde
subject to a case. The city of Norwich and county of the sam
city consist of thirty-six parishes and six hamlets (includin
amongst others the parish of St. Stephen and the hamlet «
Higham), all maintaining their poor jointly out of a commo
rate, under a local act and board of guardians; but with respec
to removals of paupers to or from places out of the city an
172 REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

county, each of these parishes and hamlets was considered
distinct. A pauper had for twenty years resided in the hamlet
of Higham, and then removed to the parish of St. Stephen,
where he resided for two years, when becoming chargeable, an’
order was made for his removal to Forncett St. Mary, in the
county of Norfolk.

For the appellants, it was argued that as stat. 9 & 10 Vict-
c. 66, s. 8, enacts that the Poor Law Amendment Act (4&5
W. 4, c. 76), and that Act shall be construed as one Act, and
by the interpretation clause of the latter Act, the word “parish”
shall be construed to include any parish, city, borough, town, &e.
maintaining its own poor, the stat. 9 &10 Vict. c. 66, s. 1,
must be read as prohibiting the removal of a pauper from any
city maintaining its own poor, who shall have resided five years
there. For the respondents it was argued that this interpretation
clause was inapplicable here, inasmuch as each parish, &c. was
deemed separate with respect to other parishes out of the city,
and the parish of Forncett St. Mary, amongst others.

The Court, after argument, held the pauper to be irremoveable.
Where the poor of every parish in a city are thus maintainable
out of one common fund, without regard to the number main-
tained in each, a pauper going from one parish to reside in
another within the city, could not affect his residence within
the meaning of stat. 9 & 10 Vict, c. 66, s, 1, which must be
read as if the word “ city,” were substituted for parish. Order
of sessions quashed.

Rv. St. Ann, Blachfriars,2 BE. § B. 440; 22 Law J.137, m.;
17 J. P. 615.

Break in five years’ Residence of Father, deprives his Children of their
Irremoveability.

Upon appeal as to the settlement of a girl named Fribbins,
the sessions confirmed the order, subject to a case. Her father,
in 1840, acquired a settlement in the parish of St. Ann, by
renting a tenement and payment of rates; but he had resided
afterwards continuously up to October 1847, in the parish of
St. Botolph. The daughter then became chargeable to the latter
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC. 173

parish, and being of weak intellect, and subject to fits, she was
taken into the workhouse, where she remained until J uly 1852.
In the meantime, in 1849, the father removed into the parish of
St. Leonard’s, Shoreditch, by which he lost his status of irre-
moveability, whilst she was under age; and the question was,
whether the daughter had likewise ceased to be irremoveable.

The Court held that she ceased to be irremoveable when her
father ceased to be so by his removal to St. Leonards. She was
not emancipated ; and by stat. 9 & 10 Vict. c. 66, s. 1, itis
expressly provided that “ whenever any person shall have a wife
or children, having no other settlement than his or her own,
such wife and children shall be removable whenever he or she is
removable, and shall not be removable when he or she is not
removable.” Order confirmed.

R v. Seend, 12 Q. B.188; 18 Law J. 12, m.; 18 J. P. 282.
Removal is a break in a five years’ Residence.

Upon appeal against an order for the removal of a widow and
her children from the chapelry of Seend to Camerton, the
sessions quashed the order, subject to a case. She had resided
in Seend for upwards of eighteen years, until the 8rd May, 1842,
when, becoming chargeable, she and her children were removed
by order to Camerton. At that time she rented a cottage at
Seend for £5 a year, in which she and her husband (in his
lifetime) resided for many years, and she had her furniture in
it; and when she was removed to Camerton, she left an un-
married daughter, twenty-two years of age, in charge of the
cottage and furniture. On her arrival at Camerton, she went
to stay with a sister-in-law, who resided there; but the children
returned the same day to the cottage, and resided there. The
pauper herself remained in Camerton for seven days with her
sister-in-law, and then having attended the board of guardians
of the union, and intimated a wish to go back to Seend, they
agreed to allow her 4s. a week. She accordingly returned to
her cottage at Seend, and resided there as usual until the 11th
February, 1847, when her weekly allowance being stopped, and
174, REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

she becoming again chargeable, an order was made for the
removal of her and her family.

For the appellants, and in support of the order of sessions, it
was contended that there was no discgntinuance of the residence
in Seend, for the pauper retained her cottage and furniture there,
and she was absent only a few days with an animus revertendi
if permitted. But the Court held clearly that the removal in
1842, put an end to the residence ; it was altogether inconsistent
with the pauper’s residence in Seend, the animus revertendi
being subject to the right of the parish officers to allow her to
return; the power of removal was given by stat. 13 & 14 Chas. 2,
for the very purpose of preventing a pauper from becoming an
inhabitant. Order of sessions quashed.

R. v. Barnsley, 12 Q. B. 1938; 18 Law J. 170, m. ;
13 J. P. 329.

Removal, a break in a five years’ Residence.

Upon appeal against an order for the removal of Thomas
Watson, his wife and their son from Barnsley to Tamworth, the
sessions quashed the order, subject to a case. Watson, who had
resided in Barnsley more than five years, was, with his wife and
idiot son, then about 80 years of age, removed from Barnsley to
Tamworth, by an order of removal not appealed against, made
in the year 1842, and suspended until 1844, in consequence of
the illness of the pauper’s child, the idiot. Upon being removed
the paupers were received into the workhouse at Tamworth,
and maintained there four days. The overseers then gave
Watson a sovereign, to enable him to get back to Barnsley, and
promised to allow him 3s. 6d. a week, whilst he livedthere. He
went back to Barnsley forthwith, and resumed possession of the
house there, which had been held for him during his absence by
two of his children, who maintained themselves ; and the allow-
ance was paid him until after the stat.9 & 10 Vict. had come
into operation, and was then discontinued. Watson then again
became chargeable to Barnsley, being unable to maintain his
idiot son, and the present order was made. This latter order
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC. 17

stated the age of the idiot son to be thirty three, and directe
the removal of Watson, his wife and son. At the hearing «
the appeal, Watson said that he and his wife had been remove
under the former order, because the justices thought “we wer
the properest persons to take care of” the idiot; that when h
left, he intended to go back to Barnsley as soon as he could
that he should have gone back as soon as he could, even if th
parish officers of Tamworth had not given him the sovereigt
and that it was for him that his emancipated children ha
kept possession of his house in Barnsley.

The Court held that the present order was properly made
they said they could not distinguish the case from R. v. Seen
(supra); they must now take it that at the time of the forme
order the paupers were all chargeable, for the reason of tl
removal then, that the justices thought the father and mothe
the most proper persons to take care of their idiot son, was tc
vague to have any effect. The paupers being cHargeable, th
removal was a break in the residence, and the present orde
was properly made. Order of sessions quashed.

R.v. Caldecote,1? Q. B.52; 20 Law J. 187, m.; 15 J. P. 51%

Removal, a break in a five years’ Residence.

Upon appeal against an order for the removal of Thome
Freer and his children from Stoke Golding to Caldecote, th
sessions confirmed the order, subject to a case. In April 184!
the paupers becoming chargeable to Stoke Golding, an ord
was obtained for their removal to Caldecote, under which the
were removed in May,1845, and there was no appeal. Up t
that time, Freer had resided in Stoke Golding for about te
years. On being removed, the parish officers gave Freer 2s. 6a
and agreed if he went back to Stoke Golding, his relief ther
should be repaid by Caldecote. He and his family according]
went back to Stoke Golding, on the very day of his remova
and remained there, relieved at the expense of Caldecote ¢
agreed upon, until the passing of stat. 9 & 10 Vict. c. 6f
176 REMOVAL OF THE POOR—AFTER FIVE YRARS, ETC.

when the parish officers of Caldecote declining to repay any
further relief, the present order was made for the removal of the
paupers to that parish.

The Court, after argument, held that the order was properly
confirmed by the sessions. Although the paupers returned to
the removing parish on the same day they were removed, yet
they were rethoved by virtue of the order, and the removal was
complete. And an executed removal of a pauper under a
valid order of removal, interrupts the continuity of the residence
in the removing parish. Order of sessions confirmed.

R. v. St. Mary-le-bone, 16 Q. B. 299; 20 Law J. 178, m.;
15 J. P. 258.

Persons Irremoveable by reason of a five years’ Residence, receiving Money
from the Overseers to enable them to go to their Place of Settlement.
Upon app%al against an order for the removal of a widow from

St. Mary-le-bone to Brighton, the sessions quashed the order,

subject toa case. She had resided with her husband more than

five years in the parish of Mary-le-bone. She applied to the
overseers for relief, which they gave her on a few occasions;
but at last one of them said that Brighton was her parish, and
he would give her ten shillings to pay her fare there. She
accordingly accepted the ten shillings, went to Brighton, applied
there for relief, and was received into the workhouse, where she
remained three weeks, and was afterwards relieved there out
of the workhouse for three months. She then returned to

‘St. Mary-le-bone, and some time afterwards becoming charge-

able, she was removed by the present order to Brighton.

The Court held that if, by giving this woman ten shillings,
the overseers of Mary-le-bone intended to render her chargeable
to Brighton, it was illegal and puhishable by stat. 9 & 10 Vict.
c. 66, s. 6, and in such case her going to Brighton would not be
deemed a break in her residence; but if the pauper wished to
go to the place of her settlement, and where her mother resided,
there was nothing illegal in the officer enabling her to do so, in
which case her going to Brighton would be a break in the
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC. 17

residence. But as it was for the sessions to find the inten

and they had not done so, the Court sent the case back {
rehearing.

R.v. Tacolnestone, 1 Q. B. 157; 18 Law J. 44, m.;
13 J. P. 268.

Absence on a temporary occasion, when not a break in a five years’
Residence.

Upon appeal against an order dated the 2nd December 184¢
for the removal of John Gill and his wife from St. Martin-at-Oal
in the city of Norwich, to Tacolnestone, the sessions confirme
the order subject to acase. Gill had resided in Norwich fc
more than five years previously to January 1841; in that montl
being out of work, he went to Tacolnestone, the place of h:
settlement, to seek for employment or relief, leaving his wife an
family at his lodgings in Norwich. At Tacolnestone he ws
employed by Mr. Hones, the overseer, and continued to b
employed and to be paid wages by him for six or seven weeks, an
lodging in the poor house there. He then returned to his wil
and family at Norwich, whom he had maintained in the mear
time at his lodgings, and continued to reside there up to th
making of the order appealed against; but for the four yea
previous to the passing of stat. 9 & 10 Vict. c. 66, he was i
receipt of relief from Tacolnestone.

It was contended for the respondents, that the pauper
absence in 1841, created a break in the residence; and that as h
had not resided in Norwich, unrelieved, for five years after tha
he was removable. But the Court held that although it ws
not actually stated in the case that there was an animus reve
tendi on the part of the pauper, they could not from the circum
stances come to any other conclusion; and that therefore thi
absence for a temporary occasion, was no break in the residencc
and that the pauper and his family were irremoveable. Order c
sessions quashed.
178 REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

_ BR. v. Brighthelmstone, 4 E. § B. 236 ; 24 Law J. 41, m. 5.
19 J. P.1382.

Absence, cleus the duties of Monthly Nurse, not a break in a five

years’ Residence.

Upon al against an order for the removal of ‘Elizabeth
Hollist, widow, from Brighthelmstone to Ambrely, the sessions
quashed the order, subject to a case. The pauper, having a
lodging in the parish of Brighton, which she had furnished,
had for more than five years resided in her lodgings, with the
exception of six and ten weeks, during which she was absent
under contracts as a monthly nurse. On the occasion of hiring
herself, she had the intention of returning to Brighton, and at
the end of her engagement did accordingly return to her lodgings,
which she had continued to hold during her absence.

The Court, after argument, held that the pauper’s absence
from Brighton, though under a contract, did not constitute a
break in her residence. To hold the contrary, would be in fact
to repeal the statute ; for it would include the case of labourers
leaving a parish, for the purpose of performing a job, but
intending to return. Order of sessions confirmed.

R. v. Stapleton, 1 #. § B. 766; 22 Law J. 102, m.;
17 J. P. 472.

Absence, performing the duties of a permanent office, a break in a five years’
Residence.

Upon appeal against an order for the removal of Robert
Fletcher and his wife from Stapleton to St. Pancras, the sessions
quashed the order, subject to a case. Previously to the 16th
May 1843, Fletcher, with his wife and family for thirty years
occupied several houses in succession in the parish of Stapleton,
for which he paid rent and taxes. On the 16th May 1843, he
was hired by the Guardians of the poor of the Clifton union as
porter to the workhouse at Clifton, which was out of the parish
of Stapleton ;. and there he continued and resided for four years
and four months, performing the duties of porter, but his wife
and children continued during the whole time to reside in the
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC. 17

same house in Stapleton in which he resided with them befo1
his new employment, and for which he paid rent. In Septembe
1847 he was dismissed from his situation, and immediate]
returned to his house in Stapleton, to his wife and family. Tb
question was, whether his residence thus in Clifton was a brea
in the five years’ residence.

The Court, after argument, held that the paupers were nc
irremoveable. It is true that if a man leave his parish for
temporary purpose, for instance for a week’s work or the lik
in another parish meaning to come back at the end of the weel
it is not a break in the residence; but here the pauper was hire
as porter to a workhouse out of the parish, not intending |
return when a temporary purpose was answered, but to remai
so long as his engagement continued. As well might it be sai
that if a man hired himself to serve in Australia as shepher:
leaving his wife and family in the parish in which he reside
and he went and was so employed for ten years, that upon h
return to his parish he should be deemed to have been residin
in his parish during the whole time of his absence. Order «
sessions quashed,

R. v. Nempnett Thrubweil, 17 J. P. 88.
What absence a break in a five years’ Residence. |

Upon appeal against an order for the removal of a ma
named Miller, the sessions granted a case for the opinion of th
Court of Queen’s Bench. Miller, having a settlement in th
parish of Nailsea, resided with his wife and family for upward
of twenty years in the parish of Nempnett, in the county c
Somerset, in a house which he rented at five guineas a yea)
In 1830, his wife and he not agreeing very well, he went int
Wales to get work, leaving her in the house, and leaving an as
and cart with her to enable her to gain a livelihood in hi
absence. He returned in 1841, but left again in 1848, an
went to the county of Hereford, where he continued workin;
at different places until 1851, when he returned to Nempneti

Nn 2
180 REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

but not to his house where his wife lived, but to the house of
his daughter in the same parish, and resided with her until
1852, when, upon his wife removing from his own house, and
taking the furniture with her, he went to reside in it, and was
residing there when he became chargeable. But during the
whole time of his absence, Miller had always the intention to
return to his house in Nempnett. The question was whether
these absences of Miller or any of them operated as a break
in the residence. The Court, after argument, held clearly that
they did, and that he was no longer irremoveable, and that the
intention to return, made no difference.

R. v. Cuckfield, 5 EB. §& B. 523; 25 Law J.4m.;
20 J. P. 196.

What absence, a break in a five years’ Residence..

Upon appeal against an order for the removal of John Woolver
from Cuckfield to West Grinstead, the sessions quashed the
order, subject to 2 case. The pauper was legally settled in
East Grinstead ; but he resided for more than five years in the
parish of Bolney. In passing through the parish of Cuckfield,
he met with an accident, which rendered him so helpless, that
he was obliged to be taken to the workhouse of the union in
which Cuckfield was situate. After being cured of it, suffi-
ciently at least to render him capable of being removed, he
still remained in the workhouse, being afflicted with chronic
rheumatism, to which he was previously subject, but which had
been much aggravated by the accident. Altogether he had been
in the workhouse seven years. Cuckfield at last obtained the
order, now appealed against, to remove him to West Grinstead,
as his place of settlement.

For the appellants it was argued that the order should have
been to Bolney, not West Grinstead, for his time of residence
in Bolney gave him the status of irremoveability from that
parish, and the time of his relief was by stat. 9 & 10 Vict.
¢. 66, to he merely deducted from his time of residence. But
the Court held, that although he was irremoveable from
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC. 18

Bolney, whilst he resided there, yet meeting with the acci
dent at Cuckfield, and being chargeable there, as soon as h
was cured so that he might safely be removed, Cuckfield ha
a right to obtain an order for his removal to his place
settlement.

Hartfield v. Rotherfield, 17 Q. B. 746,759; 21 Law J. 65 m.
16 J. P. 181.
Detention in Prison, not a break in a five years’ Residence.

Upon appeal against an order for the removal of the wife a
James Edwards and her children from Rotherfield to Hartfielc
a special case by consent was stated for the opinion of th
Court of Queen’s Bench. Edwards had resided for more thai
ten years in Rotherfield up to January 1851, when he and hi
wife were apprehended for felony, and committed to the count:
gaol, which was in another parish. In March they were tried
and he was convicted and sentenced to two years’ imprisonment
and she was discharged. He was then again removed to th
house of correction at Petworth, in a third parish, to underg
his punishment, where he remained at the time the presen
order was granted.

For the appellants, it was contended that imprisonmen
out of the parish was a break in a five years’ residence; anc
for this was cited the case of #. v. Salford, (12 Q. B. 106
17 Law J., 170), -where it had been so held. But the Cour
held that the wife and children were irremoveable: the provisc
in the first section of stat. 9 & 10 Vict. .c. 66, was, that “ the
time during which such person shall be a prisoner in a prisor
shall, “ for all purposes,” be excluded in the computation of the
five years; which shows clearly that imprisonment in or out 0}
the parish is not to be deemed a break in the residence, but the
time of its continuance is merely to be struck out of the com:
putation of the five years, as if such imprisonment had neve1
taken place. And there is no difference in this respect between
imprisonment for a felony, and for a misdemeanor, or for non-
payment of a penalty or fora debt. Order quashed, thereby
overruling &. v. Salford, above-mentioned.
182 REMOVAL OF THE POOR.— AFTER FIVE YEARS, ETC,

R.v. St. Andrew, Holborn, 17 Q. B. 753, 764;
21 Lan J. 69 m.3 16 J. P. 182.

Imprisonment not a break in a five years’ Residence.

Upon appeal against an order, dated in October 1850, for
the removal of Thomas Connor from St. Mary, Islington, to
St. Andrew, Holborn, the sessions confirmed it, subject to a
case. Connor had been resident in St. Mary’s more than five
years, exclusively of times when he was chargeable to the
parish and maintained in the workhouse, and exclusively of
times when he was imprisoned in the house of correction,
(which was out of the parish), once in January 1849, for three
weeks, and again in March 1850, for two weeks, for mis-
behaviour in the workhouse; but after each imprisonment, he
went back to the workhouse and remained there. The question
was, whether the imprisonment was a break in the residence.

The Court, after argument, held that it was not. By
the stat. 9 & 10 Vict. c. 66, the time of imprisonment is
merely to be deducted in the computation of the five years;
and as in this case there was a five years’ residence in the
parish of St. Mary, after deducting these periods of imprison-
ment, the pauper was irremoveable. Order quashed.

LR. v. Holbeck, 16 Q. B. 404; 20 Law J. 107, .;
15 J.P. 907,

Imprisonment not a break in a five years’ Residence.

In a special case by consent, for the opinion of the Court of
Queen’s Bench, it was stated, that an order was made for the
removal of John Rhodes from Leeds to Holbeck on the 2nd April
1850. Previously to that, he had resided in Leeds for six years ;
but in December 1848 he was summarily convicted of an assault,
and adjudged to pay a penalty, and in default of payment he
was imprisoned in the house of correction (which was out of
Leeds) for seven days; and again in September 1850, he was
convicted of being drunk, and adjudged to pay a penalty, and
REMOVAL OF THE POOR,—AFTER FIVE YEARS, ETC, 18

in default of payment he was imprisoned in the same house «
correction for three days. The question was, whether thes
imprisonments were a break in the residence.

The Court, after argument, held that they were not; the
said that the statute would be much restricted if they hel
that the irremoveability was destroyed by every imprisonmen
Judgment for appellants.

The Court in this case laid it down as a rule, that in arguin
@ special case by consent, the counsel who has to support th
order begins and replies,

R. v. East Stonehouse, 3 E. § B. 596; 23 Law J. 187 m.;
18 J. P. 522.

The Family of a Royal Marine do not acquire Irremoveability by a fi:
years’ Residence, if he have not Resided five years.

Uponappealagainst an order for the removal of Jane Warne an
her children from East Stonehouse to the parish of St. Charles-th:
Martyr, the sessions quashed the order, subject to a case. Tt
pauper was the wife of a private in the royal marines, who:
the time of his marriage, and for two years afterwards, w:
quartered in barracks in East Stonehouse, and slept with h:
wife in that parish. He was then sent to serve on board
guardship at Plymouth (out of Stonehouse), where he remaine
for four years, but coming occasionally and sleeping with hi’
wife at Stonehouse.

The Court, after argument, held that the wife and childre
were not irremoveable. By stat. 9 & 10 Vict. c. 66, s. 1, an
11 & 12 Vict. c. 111, a wife and children are removable wher
the husband is removable, and they are not removable wher
the husband is not removable. And here the husband, :
present, would be removable; for deducting the time he wa
out of Stonehouse on the Queen’s service, according to th
proviso in stat. 9 & 10 Vict. c. 66, s. 1, he did not reside fiv
years in East Stonehouse. Therefore as he, if present, woul
be removable, his wife and children, in his absence, ar
yemovable also. Order of sessions quashed.
184 REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

Horton v. Leeds, 5 £. § B. 595; 25 Law J. 38, m.;
20 J. P. 198.

Absence in the Militia, not a break in a five years’ Residence.

Upon appeal against an order for the removal of Elizabeth
Whitaker and her children from Leeds to Horton, a case was
stated by consent for the opinion of the Court of Queen’s Bench.
The pauper and her husband resided in Leeds from 1848 to
1850, when the husband enlisted in the 3rd West York Militia,
but remained at home until April 1853, when he was called out
for training with his regiment. He then left Leeds and went
to Doncaster, and remained there with his regiment for twenty-
eight days; he then returned to his house and family, and
remained with them until May 1854, when he was again called
‘out, and served with his regiment in Doncaster and other places
for three months, when he again returned to his family ; but in
eight weeks afterwards he was again called out, and went with
his regiment to Dublin; and whilst there, his wife and children
becoming chargeable to Leeds, the present order was made.
The question was, whether these absences constituted a -break
in the residence.

The Court, after argument, held that they did not, the times
of absence were merely to be deducted in the computation of
the five years. This was so in the case of a “soldier,” by stat.
9 & 10 Vict. c. 66,8. 1; and a militiaman was a soldier within
the meaning of the Act. Judgment for the appellants.

R.v. Shavington-cum-Gresty, 17 Q.B. 48; 20 Law J. 194, m.;
15 J. P. 499.

Time of Relief of Widow, deducted in computing a five years’ Residence of
her Children.

Upon appeal against an order for the removal of two pauper
children from Manchester to Shavington-cum-Gresty, the
sessions confirmed the order, subject to a case. Their mother,
a widow, received relief for herself and children for five years,
whilst residing in Manchester; and upon the death of the
mother, the order in this case was made for the removal of the
children to their place of settlement.
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC. 18;

For the appellants, it was objected that as by stat. 4 & 5 W. 4
c. 76, s. 56, relief given to the children of a widow, is deeme
to be relief to the widow, the children in this case were no
relieved within the meaning of the proviso in stat. 9 & 10 Vier
c. 66, s. 1, which directs that the time of relief shall be deducte
in computing a five years’ residence; and therefore the childre:
were irremoveable. But the Court held, that in the fair con
‘struction of that proviso, relief given to the mother for th
children, was relief given to the children, and that they wer
therefore removable under the order. Order of sessions con
firmed.

A. v. Christchurch, 12 Q. B. 149; 18 Law J. 28, m.;
12 J. P. 792.

Time of Relief before the Statute, to be deducted in computing a five year,
Residence.

Upon an appeal against an order for the removal of a widox
and her children from the parish of St. John, Southwark, t
Christchurch, the sessions confirmed the order, subject to a case
The pauper had resided in the parish of St. John, Southwark
from the year 1839, until the obtaining of the order in 1847
but from January 1843, to 1847, she was continuously charge
able either to St. John’s or Christchurch; and ifthe time c
chargeability were deducted from the whole time of residence
less than five years would of course remain. But the objectior
and the question stated for the opinion of the Court, wa
whether the proviso in the first section of stat. 9 & 10 Vict
c. 36, was, as well as the enactment, retrospective; for if not
she was irremoveable, by her residence in St. John’s from 183
to 1846, when that statute came into operation.

The Court, after argument, held the proviso to be retrospective
and that the paupers were removable. The enacting claus
includes all persons who have resided five years in the parish
and the proviso helps to define what shall be deemed suc]
residence, by providing that the time during which suc]
a person shall be receiving relief in any parish, or shall be
prisoner in a prison, &c. shall be excluded in the computatio:
of the five years. Order of sessions confirmed.
186 REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

R. v. Harrow-on-the-Hill, 12 Q. B. 108; 17 Law J. 148, m.
12 J. P. 584.

Relief no break in the Residence, but is merely to be deducted in the
computation of the five years.

Upon appeal against an order for the removal of Henry
Pritchard, his wife and children, from Harrow-on-the-Hill to
_Ruislip, the sessions quashed the order, subject to a case. The
pauper had resided in Harrow for ten years, up to the making
of the order in December 1846 ; but in 1844, whilst so residing,
he had received relief from Ruislip.

It was argued that this relief destroyed the continuity of the
residence ; and as the pauper had not resided five years after
the relief given, he was not irremoveable. But the Court held
that the period of relief was merely to be deducted from the
time of residence, and had not the effect of putting an end to
it; and that with this deduction, a continuous residence up to
December 1846, although the greater part of it was before the
passing of stat.9 & 10 Vict. c. 66, rendered the party irre-
moveable. Order of sessions confirmed.

R. v. St. Ebbe, 12 Q. B. 187; 18 Law J. 14, m.;
13 J. P. 216.

After a Residence of five years, if the Husband be absent, and he would be
removable if present, his Wife and Family are removable,

Upon an appeal against an order for the removal of Mary
Elsbury and her children from St. Andrew-the-less to St. Ebbe,
the sessions confirmed the order, subject to a case. The
pauper’s husband, with his wife and children, came to reside in
St. Andrew’s, at Midsummer 1846, and they resided there
together until March 1847, when he deserted them. The wife
and children however continued to reside there until the making
of the present order in April 1847, but the husband was still
absent when the order was made, and up to and after the trial
of the appeal, and his residence was unknown.
REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETc. 18

Tt was contended for the appellants, that as the husband wa
not residing in the parish of St. Andrew when the order wa
made, he could not of course be removable from it; and tha
as he was not removable, his wife and children were nc
removable by the proviso in stat. 9 & 10 Vict. c. 66, 8.1. Bu
the Court held that the proviso merely meant that the wife an
family of a man should not be removed from a parish, if th
husband, supposing him to be there at the time, would not b
removable. Here, however, if the husband were in the paris
he would be removable by reason of the break in his residenci
and his wife and children were removable likewise. Order ¢
sessions confirmed.

R. v. Llanelly, 17 Q. B. 40; 15 J. P. 584,

After a Residence of five years, if the Husband be absent, and would be
removable if present, his Wife and Family are removable.

Upon appeal against an order for the removal of Margare
George and her children from Llanelly, in Brecknockshire, t
Llanelly, in Carmarthenshire, the sessions quashed the orde:
subject to a case. The pauper had resided with her husband i
the respondent parish for ten years, when in 1849 he went t
America, leaving her and the children in the cottage in whic
they had resided. She had received several letters from hin
and from one she received recently she was in expectation ¢
his sending money to her, for the conveyance of herself an
children to America.

The Court, after argument, held that the paupers wei
removable. The place of domicile of the husband was clearl
America, and from his letters it was plain that his intention we
to remain there, and that his wife and family should join hin
There was nothing therefore from which it could be inferre
that he had an animus revertendi, but the contrary. He was nc
therefore resident in the respondent parish, and it was impossibl
to contend that the wife had, by her own residence, acquire
the right of irremoveability. Order of sessions quashed.
188 REMOVAL OF THE POOR.—AFTER FIVE YEARS, ETC.

R. v. Manchester, 17 Q. B. 46, 0.; 15 J. P. 755.

During a Residence of five years, if the Husband desert his Family, and
die, his Family are removable.

Upon appeal against an order for the removal of a widow
and her children from Barton-upon-Irwell to Manchester, the
sessions confirmed the order, subject to a case. In 1838 the
pauper and her husband went to reside in a house in Barton,
and resided there continuously, and without receiving relief,
until April 1848, when the husband gave up the house, and
sold the greater part of his furniture, and went to America,
having arranged with his wife that as soon as he got there, he
would send for her and the children. He never, however,
returned, but died in America in July 1848. Immediately
after the husband left, the wife applied to the parish officers
for relief, which was given to her, and continued until the
making of the present order in May 1850. The question was,
whether the paupers were removable. |

The Court, after argument, held that they were removable.
The husband’s leaving the parish without the animus rever-
tendi, was a break in the residence; and if he were present
now in the parish he would be removable, and his wife and
family are consequently removable also. His death made no
difference; it could not restore the widow’s former status.
Order of sessions confirmed.

Much Hoole v. Preston, 17 Q. B.548; S.C. nom. R. v. Much
Hoole, 21 Law J.1, m.; 16 J. P. 212.

Husband, an Irishman, deserting his Family after five years’ Residence,
Wife and Children removeable to the Wife’s maiden Settlement.

Upon appeal against an order for the removal of Ann Ward
from Preston to Much Hoole, a case, by consent, was stated
for the opinion of the Court of Queen’s Bench. The pauper
had resided with her husband, an Irishman, and their children,
in Preston for more than five years, when in November 1849
REMOVAL.—OF WIDOW. 18&

he deserted them and went to America. The husband ha
no settlement in this country. And upon his family becomin
chargeable to Preston, they were removed by the preser
order to Much Hoole, as the place of the mother’s maide
settlement.

The appellants contended that as the wife and children ha
a settlement different from the husband, they were not withi
the proviso in stat. 9 & 10 Vict. c. 66, which renders the wi
and children removable whenever the husband is removabl
But the Court held that there was no doubt they were remo
able; and if so, it must be to the place of the wife’s maide
settlement. Judgment for the respondents.

Rumovant. (Of Widow.)

R. v. St. Mary, Whitechapel, 12 Q. B. 120;
17 Law J.172, m.; 12 J. P. 598.

Removal of Widow, in what Cases.

Upon appeal against an order, dated the 11th August 184
for the removal of Sarah, the widow of Wm. Badman, and li
children, from St. Mary Magdalen, Bermondsey, to St. Mar:
Whitechapel, the sessions confirmed the order, subject to
case. The husband of the pauper died on the 6th June, 184(
and was then residing with her in the parish of St. Mar
Magdalen.

It was contended that the case was not within stat. 9 & 1
Vict. c. 66, s. 2, which prohibits the removal of a widow f
twelve months after the decease of her husband; for tk
husband, in this case, died before the statute was passed. Bi
the Court held that it was the removal of the widow that we
prohibited by the section, the rest of the clause being merel
descriptive of the party exempted; if the husband died withi
less than twelve months before the making of the order, it we
immaterial whether he died before the passing of the Act c
after it. Judgment of the sessions reversed.
190 REMOVAL.—OF WIDOW.

R. v. East Stonehouse, 4 FE. § B. 901; 24 Law J. 121, m.;
19 J. P. 579.

Removal of Widow, where the Husband died at Sea.

Upon appeal against an order for the removal of Ann
Richards, widow, and her children from East Stonehouse to
Othery, the sessions quashed the order, subject to a case. The
husband had been in Her Majesty’s service as a marine; and
on quitting the service, he went to live with his wife and
family at East Stonehouse, and resided with them for two
years. He then entered the royal navy as a seaman, and
served three years, his wife and family all the time inhabiting
the same house in East Stonehouse. He then came back, and
resided with his wife for about two months, when he was hired
as aseaman on board a mail packet; and in a few months,
whilst serving on board of it, he was lost at sea.

The Court, after argument, held that the pauper and her
children were irremoveable ; for although the husband was not
personally present, yet East Stonehouse was the place of his
domicile, and she must be deemed to be residing with him at
the time of his death, within the meaning of stat. 9 & 10 Viet,
c. 66, s. 2. Order of sessions confirmed.

R. v. St. Pancras, 12 Q. B. 129; 12 J. P. 599.
Order made before stat. 9 & 10 Vict. c. 66, cannot be executed after it.

Upon appeal against an order for the removal of a widow
and her children from St. Pancras to the parish of St. Luke,
the sessions quashed the order, subject to a case. The husband
and his wife and family resided in the parish of St. Pancras
for more than five years; he died in April 1846; the present
order for the removal of the widow and children was obtained on
the 6th August 1846; the stat. 9 & 10 Vict. c. 66, came into
operation on the 26thAugust 1846; and the wife and children
were removed under he order after the passing of that Act.
The question was, whether the removal was valid.

The Court, after argument, held that although the order of
removal might be good at the time of making it, it was
REMOVAL.—PERSONS IRREMOVEABLE, ETC. 191

improperly executed, and that was a good cause of appeal
The stat. 9 & 10 Vict. c. 66, s. 2, says expressly that such <
widow shall not “be removed” for twelve months after the
death of her husband. Order of sessions confirmed.

Removat. (Of Children.)
R. v. Combs 5 EB. § B. 892; 25 Lam J. 59, m.; 20.7. P. 516
Removal of Children, in what Cases,

Upon appeal against an order for the removal of three
children, one aged 14, one 11, and one 6 years of age, from
St. Nicholas, Ipswich to Combs, the sessions confirmed th
order, subject to a case. The mother of the children, a widow
was living in the house of a man, with whom she cohabited ; bu
as she neglected the children, and was unable to support them
they were, at the instance of a relation, removed to the parist
workhouse, where they were maintained for three months
The present order was then obtained for their removal, with
out the mother, to Combs, as the place of their mother’:
settlement.

The Court, after argument, held that, as to the two childrer
who were above the age of seven, the order was clearly good:
for the mother though not removed, was removable. And a:
to the child under seven years of age, three judges (dis
Coleridge, J.) held that it was removable also, as it was no!
residing with the mother at the time. Order confirmed.

Removat. (Persons Irremoveable, how Relieved.)

R.v. Bennett et al., 8 E. § B.341; 23 Law J. 39, m.;
18 J. P. 217.
Pauper not having a Settlement, although he have resided five years in ¢
Parish, is to be Relieved by the Parish, and out of the Union Fund.
' Aperson born in East Dean whilst it was extra-parochial,
afterwards—when it was made a township, maintaining its own
poor, and made part of the union of Westbury-upon-Severn
192 REMOVAL.—EXAMINATION OF PAUPER.

—continued to reside in the township, without gaining any
settlement in it or elsewhere. In 1852, he, his wife and family,
became chargeable, and the amount of the relief given was
charged to the common fund of the union, under stat. 11 & 12
Vict. c.110, At the audit, two of the guardians objected to
these expenses being charged to the union fund, contending
that it should be charged to the township of Hast Dean, where
the paupers resided. The auditor, however, continued the
charge to the union, as the paupers had resided in Hast Dean
more than five years and were irremoveable by stat. 9 & 10
Vict. c. 66, s.1, and their relief therefore should be charged
to the union fund by stat. 11 & 12 Vict. c. 110. Upon motion
being made in the Court of Queen’s Bench, to quash this
allowance, and that the amount should be refunded to the
union by the township of Dean, the Court, after argument,
held that these expenses were improperly charged to the union
fund; that can be done only where the paupers could have
been removed to a place of settlement, if they were not
irremoveable under stat. 9 & 10 Vict. c. 66, which was not the
case here. Rule absolute.

Removar. (Examination of Pauper.)

R. v. Greenaway et al. 7 Q..B. 126; 14 Law J. 190;
9 J. P. 887.

Crown Office subpeena duces tecum served upon a Witness, Attachment for
not obeying it.

For the: purpose of obtaining an order for the removal of a
pauper from St. Ann’s, Westminster, to St. Giles, Camberwell,
the overseers of St. Ann’s served a Crown office subpoena duces
tecum upon one of the overseers and the vestry clerk of St.
Giles to produce the rate books of their parish before the justices.
They attended accordingly, but refused to produce the rate
books, alleging that as vestry clerk and overseer of the parish
they were not bound to produce a document which was intended
REMOVAL.—EXAMINATION OF PAUPER. 1¢

to be used as evidence against their parish. A rule nisi w:
thereupon obtained for an attachment against them for di
obeying the subpoena, the Court, after cause shown, held th:
these persons were clearly bound to obey the subpoena, eve
although they were rated inhabitants, and as such being oblige
to furnish evidence against themselves as parishioners. Ru
absolute.

There was another case, R. v. Carey (14 Law J. 191, m.
7 Q. B. 126), decided at the same time, in the same way, upo
the same point.

R. v. Vickery, 12 Q. B. 478; 17 L. J. 129, m.; 12 J. P. 48:

Witness, under a Crown Office Supeena, bound to obey the Writ, althougl
required to give Evidence against his own Parish.

A rule nts? was obtained for an attachment against th
defendant for not obeying a Crown office subpmna to giv
evidence before justices, upon an application for an order ¢
removal; the defendant attended, but refused to give evidenc
against his parish. But because the prosecutor in his affidavi
did not state that a complaint of chargeability was made to th
justices, so as to make it appear that they had jurisdiction i
the case, the Court discharged the rule.

Afterwards, another subpcena, issued against the same witnes:
and he attended before the justices, and after complaint of charge
ability was made, and one witness examined, he was require
to be sworn, but he refused, unless the justices would qualif
the oath by not obliging him to give evidence against his parish
which the justices refused. A rule nisi being obtained for a:
attachment, it was shown as cause that the subpoena had bee!
sued out before the complaint was made to the justices; bu
the Court held that there was nothing in the objection, as th
complaint was made, and the justices had thereby jurisdiction
before the defendant was required to be sworn. It was furthe
objected that he was not bound to be sworn as a witness, as thi
effect of his evidence would probably prejudice his parish, o

o
104 REMOVAL.——EXAMINATION OF PAUPER.

which he was a ratepayer and churchwarden. But the Court
said that by stat. 54 G. 8, c. 170, s. 9, a rated inhabitant was a
competent witness either for or against his parish. Rule absolute.

R.v. Orton, 7? Q.B.120; 9 J. P. 520.
Justice’s Summons to a Witness to produce a Document, effect of it.

Upon appeal against an order for the removal of Robert
Pickthall, his wife and children, from Burrow to Orton, the
sessions confirmed the order, subject to a case. At the hearing
of the appeal, it was proved that the pauper in 1837 rented a
tenement for a year at a rent exceeding £10, occupied it for a
-year, and paid his rent. And to let in parol evidence of his
having been rated for it, the overseer proved that he had served
the overseer of the appellant parish with a summons of a justice
to attend as witness at the hearing of the appeal, and that he
himself saw in the rate book the rating of the pauper for the
tenement; but the overseer summoned did not attend in
obedience to the summons.

The Court, after argument, held that a justice’s summons was
not equivalent to a Crown office subpcena in compelling a
witness to produce a document. There were means by which
the production of the document might be enforced, and those
means ought to have been resorted to. Order of sessions
quashed.

R. v. Bradford, Wilts, 8 Q. B. 571; 15 Law J.117, m.;
10 J. P. 375.

Evidence of chargeability.

Upon the trial of an appeal against an order of removal, the
only evidence of chargeability was the evidence of the relieving
officer of the union, who stated that he paid the pauper and his
wife 2s. 6d. weekly for upwards of a year on account of the
township of Steeple Aston, out of money in his hands belonging
to the said township. It was objected that this was no evidence
REMOVAL.—ORDER. 1!

of chargeability to the township; the relieving officer was tl
officer of the guardians, not of the township, and could not kno
on what account the money was paid, except from some docume:
showing that the guardians had ordered it to be paid on accou:
of the township. The Court held this to be a good objectio
and quashed the order of sessions which had confirmed tl
order of removal.

REMovAL. (Order.)

R.v. Casterton, 6 Q. B. 507; 14 Law J. 5,m.; 97. P.117
Order of removal, how directed.

An order of a Court of quarter sessions being brought up b
certiorari, 2 motion was made to quash it: it recited an appe:
depending against an order of removal, set it out and confirme
it, which was bad on the face of it; and the adjudication in tk
order of sessions itself was bad, being by way of recital merel:

In the order of removal, as set out, the county of Westmor
land was in the margin, and the order was directed “to th
overseers of the poor of the township of Kirkby Lonsdale, an
to the overseers of the poor of the township of Casterton in th
said county,” and recited a complaint of the overseers of Kirkb
Lonsdale, “unto us whose names are hereunto set and seal
affixed, being two of Her Majesty’s justices of the peace an:
quorum in and for the said county.” And it was objected tha
as the order did not state in what county or counties the town
ships were situate, or in or for what county those who signe:
and sealed it were justices, it was bad. But the Court heli
that the words “in the said county” referred to the county i
the margin, and sufficiently showed that the justices had juris
diction.

The order of sessions, after setting out the order of removal
proceeded thus: “And whereas the overseers of the poor o
the township of Casterton did prosecute and carry on the saic
appeal against the said order to the present general quarte

02
196 REMOVAL.—ORDER.

sessions of the peace, and wherein this Court, upon hearing of.
counsel on both sides, ordered that the said order be confirmed.”,
By the Court, &e. It was objected that the adjudication here,
was only by way of recital, and not of direct allegation. But
the Court thought that the order did adjudicate, and they over-
ruled the objection.

R. v. Blathnyat et al., 15 Law J. 48, m.; 10 J. P. 231.

An Order of Removal must show that the Justices made it in the County,
&c. where the removing Parish is situate.

‘Upon an application in the Bail Court for a certiorari to.
remove an order of removal, in order to have it quashed, it
appeared that the justices described themselves in the order as
“two of Her Majesty’s justices of the peace acting in and for
the Sodbury division of the said county of Gloucester ;” and
the complaint was stated to be made by the churchwardens and.
overseers of the poor of Chipping Sodbury, in the same county ;
and the order concluded “ Given under our hands and seals at
Old Sodbury, in the said county of Gloucester.” It was con-
tended that the order was bad, as not showing that the justices
who made it had jurisdiction ; for as they stated that they were
acting for the Sodbury division of the county, it did not appear
that the parish of Chipping Sodbury, to which the pauper was
chargeable, or Old Sodbury, where the order was made, was
within that division. Williams, J. granted the writ.

RR. v. Stockton-upon- Tees, 7 Q..B. 520; 14 Law J. 128, m.;
9 J. P. 570.

Order of Removal must show that the Complaint was made within the Juris-
diction of the Justices,

Upon appeal against an order for the removal of a woman,
and her illegitimate child, aged five months, from Sutton, in the
borough of Kingston-upon-Hull, to Stockton, the sessions con-
firmed the order as to the mother, and quashed it as to the
REMOVAL.—ORDER. 19

child, subject to a case. The order stated the complaint to b
made to two of Her Majesty’s justices of the peace for th
borough of Kingston-upon-Hull.” This was objected to, fc
although the magistrates were justices for the borough, th
order did not show that the magistrates were acting withi
their jurisdiction at the time they received the complaint. An
the Court held this objection good; but said that if it describe
the magistrates as being “in and for” the county where th
complaint was made, it would be sufficient.

It was also objected that the notice of chargeability made n
mention of the child, although the order required its removal
But the Court held that the child, being under the age o
nurture, could not bé separated from the mother, and would b
removable with her, even if it were not mentioned in th
order; and that the order was not bad on that account. Orde
of sessions quashed.

AR. v. Newton Ferrers, 9 Q. B. 32; 10 J. P. 388.

Order of Removal must show that the Complaint was made within th:
Jurisdiction of the Justices.

_ An order of removal, and an order of sessions confirming it
being brought up by certiorari, a motion was made by
quashing them. The order was for the removal of pauper:
from the parish of Stoke Damerel, in the borough of Daven.
port, in the county of Devon, to the parish of Newton Ferrers
in. the said county; and the complaint was stated to be made
“unto us, Robert Rundle, esquire, mayor, and Samuel Kers
well, esquire, whose names are hereunto set, and ‘seals affixed
being two of Her Majesty’s justices of the peace, having
jurisdiction within and for the said borough.” The office anc
place of acting were not otherwise shown. Upon a motion ta
quash these orders, the Court held the order to be bad, on not
showing on the face of it, that the complaint was made, or that
the order was made, within the jurisdiction of the justices
Rule absolute.
198 REMOVAL.—ORDER.

R. v. Rogers et al., 12 Law J. 50, m.; 7 J. P. 240.

Mandamus not granted, commanding Justices to make an Order of
Removal.

‘Upon a motion in the Bail Court for a mandamus to two
justices to make an order of removal, it appeared that the
justices took the examinations of the witnesses, but refused to
make an order, because they were of opinion that a subsequent
settlement had been gained in another parish. Williams, J.
refused to grant the mandamus, although it appeared that the
justices were clearly mistaken in their opinion of the subse-
quent settlement.

R. v. Blanchard, et al., 13 Q. B. 818; 13 J. P.104.

The Court will not compel Justices by Mandamus to make an Order, where
they have already exercised their Jurisdiction, although erroneously.

A mandamus issued to three justices to receive a complaint
of chargeability to Hutton Cranswick, and to hear and determine
the merits thereof, and to adjudicate thereon. They returned,
that they had received the complaint, and that it had come on
to be heard before them, and that on the hearing it was proved
that the pauper was then residing in Hutton Cranswick, and
had resided there without interruption for ten years, but that
for six years before the application for the order he had been
in the constant receipt of relief, partly from the parish of
Walton, and partly from Hutton Cranswick; that they, the
justices, thereupon decided that the pauper was irremoveable
from Hutton Cranswick, and therefore dismissed the complaint.

Upon demurrer to this return, the Court, after argument,
held that there was no doubt the justices had jurisdiction, and
exercised it (although erroneously); and when that is the
case, the Court never review their decision. Judgment for
defendants.
REMOVAL.—ORDER. 199

R. v. Watford, 16 Law J.1, m.; 11 J. P. 89.
By whom Complaint for Order of Removal to be made.

Upon an appeal, and a case granted, one of the objections
to the order was that it stated the complaint to be made by
the “overseers” of a parish; whereas it should have been
made by the churchwardens and overseers, or by some on
behalf of all of them. But the Court held that there was
nothing in the objection, as the Act (18 & 14 C. 2, ¢. 12)
requires it to be made by the churchwardens or overseers.
Order confirmed.

R. v. Bedingham, 18 Law J. 75, m.; 8 J. P. 660.
By whom Complaint for an Order of Removal to be made.

Upon appeal against an order of removal, it was objected
that the complaint for the order purported to be by one
overseer, but the order was drawn upon complaint “by the
overseers ;’’ it was admitted, however, at the sessions that the
complaint was made on behalf of the parish officers and with
their consent :—the Court of Queen’s Bench, on a case stated,
held it to be sufficient.

R. v. Madeley, 15 Q. B.48; 19 Law J.187,m.; 14.7. P. 589.

Boundaries of Parish, how proved, in order to ascertain the Place of
Settlement. 7

Upon appeal, and a case stated, the question was, in what
parish, Harriet, the- wife of Wm. Colley, was settled. It ap-
peared that William Colley in 1829, when unmarried, &c. had
hired for a year and served with one Acton, of Brockton, and
(slept in his house during the whole of that year. The re-
spondents contended that the house was in the parish of Shipton ;
the appellants proved that at the time Colley served, the house
was in the parish of Stanton Long, and not in Shipton. To
meet this evidence, the respondents put in evidence an award
200 REMOVAL.— ORDER.

made by the tithe commissioners as to the boundaries of
Shipton and Stanton Long, which were adjoining parishes,
from which it appeared that Acton’s house was in Shipton.
the sessions being of opinion that the award only related to
the time when it was made (1844), the commissioners having
authority to define and fix new boundaries as well as to
ascertain old ones, quashed the order, subject to a case.

The Court, after argument, held that the sessions were right.
By stat. 2 &38 Vict. c. 62, s. 84, the tithe commissioners have
authority to ascertain, adjust, set out, and define the ancient
boundaries, or to draw and define a new line of boundary,
and the line so ascertained or newly defined shall “ thence-
Jorth” be the boundary line of and between the parishes. It
was proved at the hearing that the house, at the time of the
service was in Shipton, and the award does not prove the
contrary. Order of sessions confirmed.

R.v. St. Giles-in-the-Fields,? Q. B. 529; 15 Law J.122, m.;
10 J. P. 553.

Complaint for an Order of Removal, must show that the Pauper is
Chargeable,

Upon appeal against an order for the removal of James and
Elizabeth Jenkins from St. Giles to St. Pancras, the sessions
quashed the order, subject to a case. The order, which was
by a police magistrate of the metropolis, recited a complaint
by the parish officers of St. Giles, that the paupers had lately
come into that parish, endeavouring to settle there contrary
to law; and the order then added, “And it appeareth unto
me, the said police magistrate of the metropolis, and I do
adjudge, that they are become chargeable to the said parish;
and upon examination, &c.”

The Court, after argument, held the order bad. The
complaint is the foundation of the jurisdiction; and the
magistrate had no.authority to adjudicate on the charge-
ability, when it was not alleged in the complaint. Order of
sessions confirmed.
REMOVAL.—ONRDER. 2

Rav. St. Paul's, Covent Garden,? Q. B.583; 16 Law J.11,1
11 J. P. 70.

The Complaint need not state the intent of the Paupers to settle in the
Parish.

Upon appeal against an order for the removal of Ann Sherid
from St. Mary-le-bone to St. Paul’s, Covent Garden, the sessic
confirmed the order, subject to a case. The order recitec
complaint that the pauper “ intruded and came into the par:
of St. Mary-le-bone, and hath actually become chargeable
and is now inhabiting in, the said parish;” and the justi
in their order adjudged the same to be true.

Tt was objected that the complaint did not allege that t
paupers had come to settle in the parish, as was necessa
under stat. 18 & 14 C. 2, c, 12, s.1. But the Court he
that by stat. 35 G. 3, c. 101, so much of the statute of Char
as enables justices to remove persons likely to become charg
able, is repealed, and it is thereby enacted that no poor pers
shall be removed from the parish “where he shall be ink
biting” until he shall have become “ actually chargeable
the parish in which he shall then inhabit.” Chargeability a.
inhabiting are therefore the only conditions on which depe:
the power to remove; and both of these are stated in t
present complaint.

It was objected also that the order did not state where
was made; it had merely “ Middlesex, to wit” in the margi:
and the magistrates described themselves as “acting in a
for” the county of Middlesex. But the Court held the ord
sufficient in that respect. Order of sessions confirmed.

R.v. Willats et al., 7 Q. B. 516; 14 Law J. 157, m.;
9 J. P. 361.

Complaint for an Order must state that the Pauper is inhabiting in the
Parish.

Upon showing cause against a rule for a certiorari, to brir
up an order of removal in order to quash it, it appeared that tl
202 REMOVAL.—ORDER.

order recited the complaint of the overseers as stating that the
paupers had “lately intruded and come into the parish of
St. Giles, and had become chargeable to the same,—without
stating that they were then inhabiting there.

It was alleged in answer, that the word “intrude” was equiva-
lent to “inhabiting ;” but the Court held that the word did not
admit of such a construction.

It was also objected that the time for appealing against the
order had not expired, and by the practice of the Court a cer-
tiorari could not issue until after that time had elapsed. But
the Court said that the practice mentioned did not apply, as the
party here was not seeking to bring up an order made in his
own favour. Rule absolute.

R. v. Rotheram, 3 Q. B. 776; 12 Law J.17, m.;
6 J. P. 802.

Form of Order of Removal, what sufficient.

An order of removal was appealed against, and confirmed.
The Appellants then had the order removed by certiorari, and
made the following objections to it, for defects appearing on
the face of it.

The order was in this form: “ West Riding of the county
of York, to wit: To the churchwardens and overseers of
the poor of the township of Sheffield in the said riding, and
to the churchwardens and overseers of the poor of the parish,
township, or place of Rotheram, in the said riding; and to
each and every of them: whereas complaint hath this day been
made unto us, two of Her Majesty’s justices of the peace in and
for the said West Riding (one of us being of the quorum), by
the churchwardens and overseers of the poor of Sheffield afore-
said, that Mary Varley and her three children, viz., Thomas,
aged seven years, Jemima, aged three years, and James, aged one
year, have come to inhabit in the said township of Sheffield, not
having gained a legal settlement there, nor produced any certi-
ficate owning them to be settled elsewhere, and that the said
Mary Varley and her said three children are now actually become
REMOVAL.—ORDER. 206

chargeable to the township of Sheffield aforesaid: We do there
fore, upon due examination of the premises taken before u:
upon oath, adjudge the same to be true; and we do likewis:
adjudge the last place of the lawful settlement of the said Mar
Varley and of her said three children to be in the said parish
township, or place of Rotherham. These are therefore, in He:
Majesty’s name, to require you the said churchwardens an
overseers of the said township of Sheffield, or some one of you, t:
convey the said Mary Varley and her said three children to,
&c. The objections were—

1. That the complaint was stated to be by the churchwarden
and overseers of Sheffield, without saying whether it was :
parish or a township ; and as it was by the churchwardens, &c.
the inference was that it meant a parish. But the Court sai
that the words were “Sheffield aforesaid,” referring to th
township of Sheffield before mentioned; which was sufficient.

2. That the order, after stating the inhabitancy and charge
ability of the paupers, stated, that the justices, “ upon due exami
nation of the premises taken before us upon oath, adjudge th
same to be true;” but there is no mention of their havin;
taken any examination or received any evidence of the settle
ment, and yet it goes on to state that they “do likewise adjudg
the last place of the lawful settlement of the said Mary Varle:
and her three children to be in the said parish, township, o
place of Rotherham. But the Court held it to be sufiicient
it was according to the ordinary form, which had been in us
for nearly a century, and they could not think of overturning ;
npon slight grounds.

8. The order requires the overseers of the respondent town
ship to convey the paupers to Rotherham; whereas by sta’
4&5 W.4, c.76, s. 79, they are not to be removed until afte
twenty-one days from the service of the order, and not then ;
notice of appeal have been given. But the Court held it to b
sufficient; it was according to the ancient form.

4. It did not appear on the face of the order that the pauper
were in Sheffield at the time the order was made. But th
Court held that as the order stated the paupers to be then charge
204 REMOVAL.—ORDER.

able to the township of Sheffield, it might fairly be inferred
‘that the mother at least was resident there, and the children
with her, as they were stated to be of such tender age.

LR. v. Recorder of King’s Lynn, 15 Lan J. 98, m.;
10 J. P. 804.

Form of Order of Removal, what sufficient.

Upon showing cause in the Bail Court against a rule for a
certiorari to bring up an order of removal in order to quash it,
it appeared that the order was as follows:

Borough of King’s Lynn, in the county of Norfolk :—Upon
the complaint of the churchwardens and overseers of the poor
of the parish of St. Margaret, in the borough of King’s Lynn
aforesaid, unto us whose hands and seals are hereunto set, two
of her Majesty’s justices of the peace in and for the said borough
(one whereof is of the quorum), that Sarah Wray, widow, and
-her six children (naming them and stating their ages), now
inhabit in the parish of Saint Margaret, not having gained
2 legal settlement there, and that the said Sarah Wray and her
said children are now actually chargeable to the parish of St.
Margaret: we the said justices, upon due proof made thereof,
as well upon the examination of the said Sarah Wray, of Sarah
Harrison, and James Hubbard upon oath as otherwise, and
likewise upon due consideration had of the premises, do adjudge
the same to be true ; and we do likewise adjudge that the law-
ful settlement of them, the said Sarah Wray and her said
children, is in the township of Bowling, in the parish of Brad-
ford, in the county of York. The order then proceeded in the
ordinary form, and concluded, “Given under our hands and
seals, this 18th day of August, in the year of our Lord 1845,
Robert Pitcher, Mayor, John Wayte.”

It was objected to this order that it did not appear from it that
the justices were within the borough when they made it; for
the words “in and for the said borough,” had reference to their
receipt of the complaint merely. But Coleridge, J. held that
REMOVAL.—ORDER. 20.

it must be presumed that they made their order where the
received the complaint.

It was next objected that as to the words “ upon oath as other
wise,” the words “as otherwise” must mean evidence not upo:
oath, which the justices had no power to receive. Bu
Coleridge, J. said that the point had already been decided i:
R. v. Luff (8 East, 198), and that there was nothing in th
objection.

It was lastly objected that it did not appear upon the face c
the order that the justices had received any evidence of th
place of settlement, and yet they adjudged upon it. Bu
Coleridge, J: said that the Court in R. v. Rotherham (3 Q. E
776), had already decided that as the order had been in thi
form from the earliest times, they would not quash it upon thi
objection, and he must decide in the present case according t
that decision. Rule discharged.

R. v. Shipton-upon- Stour, 18 Law J.128; 8 J. P. 585.
Adjudication of Settlement in an Order.

Where a woman, and her illegitimate child, born in 184£
removed to Atherton, and the order adjudged that to be th
place of “their” last legal settlement: this was holden to b
sufficient, although it was objected that the child had the settle
ment of his mother merely until he should be sixteen years c
age, and this order would be thereafter evidence that he woul
be settled in the parish generally.

R.v. Worthenbury,? Q. B. 555; 14 Law J. 144, m.;
9 J. P. 697.

Order of Removal, how signed.

Where an order of removal was signed “ W. Mannix” (L.8.
“ Geo. Briscoe” (L.8.); and it was objected that the Christia
name should have been set out in full, and not by initial c
206 REMOVAL.—ABANDON MENT OF ORDER OF.

contraction: the Court of Queen’s Bench held that there was
nothing in the objection.

R. v. St. Paul, Covent Garden, 7 Q. B. 232;
14 Law J. 109, m.; 9 J. P. 441.

zder of Removal, how sealed.

Where the seals upon an order of removal were not made
with wax, but two marks in ink, intended to serve as seals, had
been impressed on it by a block, before signature. The Court
held this to be sufficient, and that the order when signed and
delivered by the justices, was good and valid in this respect.

Removat. (Abandonment of Order of.)

Killymaenllvydd v. St. Michael's, Pembroke, 21 Law J.79, m.;
16 J. P. 150.

Abandonment, at what time, and its effect.

When after an appeal came on for hearing, it was respited
until the next sessions upon terms; but in the mean time the
respondents gave notice that they abandoned the order. At
the next sessions the appellants filed the notice of abandonment;
and on the production of that, the justices proceeded to quash
the order, and adjudged the respondents to pay the costs.

A rule nisi being obtained by the appellants, under stat.
12 & 18 Vict. c. 45, s. 18, to remove the order of sessions into
the Court of Queen’s Bench, for the purpose of’ enforcing it,
and cause being shown against it in the Bail Court, Erle, J.
held that the justices had no authority to quash the order of
removal or to make the order in question ; by the abandonment,
litigation was altogether'at an end, sulject only to the right of
the appellant’s to recover their costs in the manner pointed out
by stat. 11 & 12 Vict.c.31. Rule discharged.
REMOVAL.—SUSPENSION OF ORDER OF. 207

ReEmovat. (Suspension of Order of.)

R. v. Chedgrave, 12 Q. B. 206; 19 Law J. 54, m.;
14 J. P. 242.

Appeal against Suspended Order, within what time.—Costs.

Upon a case stated for the opinion of the Court of Queen’s
Bench, it appeared that in April 1848, an order had been
obtained for the removal of one Gower, his wife and children,
from Barford to Chedgrave, but on account of his illness was
suspended. Gower at that time had been more than five
years resident in Barford. On the 29th September 1847, the
usual permission to remove the paupers was indorsed on the
order, with the usual order for the costs of maintenance.
Chedgrave then appealed against both orders, and a case was
stated as above mentioned.

The Court, after argument, as far as respected the order of
removal, held that, although the removal was undoubtedly

illegal, the pauper having resided more than five years in the
removing parish, yet as the time for appealing was expressly
limited by stat. 49 G. 3, c. 124, to the next practicable sessions
after the service of the order, and not after the time of removal,
the appellants were too late in their appeal. But as to the
appeal against the order for costs, the Court held that as the
removal was illegal, it was the same as if there had been no
removal at all; and they quashed the order of sessions as to the
costs, but confirmed it as to the appeal against the order.

BR. v. Crowan, 14 Q. B. 221; 19 Law J. 20, m.;
14 J. P. 207.

The Indorsements on a Suspended Order of Removal, must show that they
were made within the jurisdiction of the Justices.

Upon a motion to quash two orders of justices, it appeared
that they were both indorsed on a suspended order of removal,
one being an order permitting the pauper to be removed, the
208 REMOVAL.—SUSPENSION OF ORDER OF.

other an order for the costs of maintenance. The order of
removal was regularly made and suspended ; but the two orders
indorsed, neither by a venue in the margin, nor by any state-
ment in the body of them, showed where they had been made,
although they described the magistrates to be justices of the
peace for the county of Cornwall. The Court held these orders
bad, as not showing that they were made within the justices’
jurisdiction. Rule absolute.

Re Williams, 2 EB. & B. 84; 22 Law J. 125, m.;
17 J. P. 519.

Costs in the Order indorsed, when Recoverable.

Where a rule nisi was granted against a justice of the peace
of Brecknockshire, and a churchwarden of the parish of
Cwmyoy, to show cause why the justice should not issue a
distress warrant to the overseers of Llanelly against the church-
warden to levy £108 19s. 3d., the sums mentioned as costs of
maintenance in an order indorsed on a suspended order of
removal, it appeared, upon showing cause, that the costs thus
ordered to be paid exceeded £20, and there was appeal against
the order for them; but four months afterwards, upon applica-
tion for a distress warrant to levy them, it was objected that
the parish was not liable, because the pauper had been residing
in the removing parish for more than five years before the order
for his removal had been made; and the justice thereupon
refused the warrant.

The Court of Queen’s Bench, after cause shown, made the
rule absolute for the justice to grant the warrant. They held
that the only manner in which the objection could be available,
was upon appeal; and the time for appealing having elapsed,
the parish was without remedy.

R. v. Chedgrave, 20 Law J. 23, m.

Costs of Maintenance on a Suspended Order, how Recoverable.

The case of R. v. Chedgrave, ante, p. 207, decided that where-
a, pauper mentioned in a suspended order of removal, had
REMOVAL —NOTICE OF CHARGEABILITY. 209

previously to the order resided in the parish for five years, his
removal upon his recovery was illegal, and the costs indorsed
on the order could not be recovered under stat. 85 G. 8, c. 101,
s. 2. But after that decision, the overseers of the removing
parish applied to two justices for an order for the costs, under
stat. 4. & 5 W. 4, c. 76, s. 84; the justices however refused it,
holding that the section did not apply to such a case. The
section here mentioned enacts that the parish, to which any
poor person whose settlement is in question at the time of
granting relief, shall be admitted or finally adjudged to belong,
shall be chargeable with and liable to pay the cost and expense
of the relief and maintenance of such poor person; and such
cost and expense may be recovered against such parish, in the
same manner as any penalties and forfeitures are by that Act
recoverable: provided that no such charges shall be recoverable
under a suspended order, unless notice of such order, with a
copy of the same, and of the examination upon which such
order was made, shall have been given within ten days of such
order being made, to the overseers of the parish to whom such
order is directed. The justices having refused the order as
above mentioned, the overseers applied for and obtained a rule
nisi, calling on the justices, and also on the overseers of Ched-
grave, to show cause why the justices should not make an
order on the overseers for these costs.

The Court, after cause shown, held that this 84th sectior
applied to suspended orders of removal as well as to others; the
conditions of stat. 35 G. 8, c. 101, s. 2, had now been fulfilled
by the removal of the pauper to Chedgrave, and there wa:
nothing in the latter Act which was inconsistent with the pro:
visions of the prior statute.

Removat. (Notice of Chargeability.)

R. v. Recorder of Shrensbury, 1 #.§ B.711; 22 Law J.28,m.
17 J. P. 121, 508.
If no Notice of Chargeability, Appeal to be dismissed.
Tn 1852 an order of removal was served on the overseers 0:
Shrewsbury, but no notice of chargeability or grounds o
P
210 REMOVAL.—NOTICE OF CHARGEABILITY.

removal were served with it; and the overseers accordingly
appealed. At the hearing of the appeal before the recorder at
the borough sessions of Shrewsbury, it was objected for the
respondents that the recorder had no jurisdiction; for until
service of the notice of chargeability, there was no grievance
against which the overseers could appeal; and of this opinion
was the recorder, and he refused to hear the appeal. A
mandamus to the recorder, commanding him to enter con-
tinuances and hear the appeal, was accordingly applied for and
issued.

Upon the recorder’s return to the mandamus, stating the
above facts, and demurrer thereto, the Court, after argument,
held that he was right. The stat. 4 & 5 W. 4, c. 76,5. 79,
prevents the removal of the pauper until twenty-one days after
service of the notice of chargeability, and until the service there
was no grievance to appeal against, and the service of the order
alone might be treated as a nullity. Judgment for the defendant.

R. v. Gomersal, 1? Law J. 163, m.; 12 J. P.774.

Notice of Chargeability must name the Paupers,

Upon appeal against an order of removal, the sessions
quashed the order, subject to a case. At the hearing, it was
objected by the appellants that the notice of chargeability
merely stated that “the persons named in the order hereunto
annexed,” have become chargeable, &c.; and a counterpart of
the order was written on the back of the same paper.

The Court, after argument, held that the sessions were right ;
the notice of chargeability was insufficient. Order of sessions
confirmed.

R. v. Stockton, ? Q. B. 520; 14 Law J. 128, m.; 9J. P.570.

A Child under the age of Nurture, need not be named in the Notice of
Chargeability of the Daughter.
Upon appeal against an order for the removal of Elizabeth
Goldie, and her illegitimate daughter, aged five months, from
Hull to Stockton, the sessions confirmed the order as to the
REMOVAL.—NOTICE OF CHARGEABILITY, 21

mother, and quashed it as to the daughter, subject to a cas
It was objected for the appellants that the notice of charg:
ability was bad, as omitting all mention of the daughter; an
the mother could not be removed alone, for that would hax
the effect of separating the mother from the child. But tk
Court held that as the mother could not be separated from
child so young, it was immaterial whether the child was mer
tioned in the notice of chargeability or order, or not.

R. v. Westbury, 5 Q. B. 500; 8 J. P. 582.
Notice of Chargeability must be signed by a majority of the Overseers.

Upon appeal against an order of removal, one of the groun
of appeal being that no sufficient notice of chargeability he
been given by the respondents to the appellants. A notice
chargeability had in fact been given, but it was signed by thr
overseers only, and there were four overseers and two chure.
wardens in the respondent parish. The order being confirm
by the sessions, subject to a case, it was argued in favour
the notice that stat. 4 & 5 W. 4,c. 76, s. 79, only requir
that notice of chargeability should be sent by the oversee:
without expressly requiring that it should be signed by then
to which it was answered that the sending the notice was n
merely a ministerial act, but one which required the oversee
to exercise a discretion; for circumstances might have inte
vened, such as the marriage of a female pauper, which mig
render it unnecessary to send the notice. The Court held t.
’ notice to be bad; it must proceed from, and be signed by,
majority of the churchwardens and overseers; which appear
not to have been done in this instance.

R.v. Guardians of Lambeth, 5 Q. B.518; 14 Law J. 188, 1
9 J. P.600.

Where a Parish is under Guardians, Notice of Chargeability to be signe:
by three of them.
The parish of Lambeth is under a board of guardians,
order of the Poor Law Board. An order of removal was s¢
Pp 2
212 REMOVAL.—NOTICE OF CHARGEABILITY.

by them, with a notice of chargeability signed by three guar-
dians. Upon appeal against the order, it was objected that the
notice of chargeability was a nullity, as it ought to have been
signed by the overseers, not by the guardians. But the Court
held that it was clear that the guardians were the proper

persons to sign it.

R. v. St. Mary, Southampton, 5 Q. B.518; 14 Law J. 134, m.;
9 J. P. 601.

Where there are several Parishes in a District under Guardians, Notice of
Chargeability must be signed by the Overseers of the removing Parish.

The several parishes in the town and county of Southampton
are by a local Act united into one district, under guardians, for
all purposes except that of settlement, but churchwardens and
overseers of the poor are still appointed by each of the parishes.
An order was made for the removal of a pauper from the parish
of St. Mary to the parish of Botley, both in the county of
Southampton ; and the notice of chargeability sent with it, was
signed by three of the guardians. Upon appeal against the
order, it was objected that the notice should have been signed
by the overseers of the removing parish; to this it was an-
swered that the chargeability was to the whole district, and not
to any particular parish in it; and therefore the guardians, as
the officers of the entire district, were the proper persons to sign
the notice. But the Court held that the notice should have
been signed by the churchwardens and overseers of St. Mary’s,
and not by the guardians; the guardians of the poor within
the town and county of the town of Southampton, are not the
guardians of the removing parish.

R. v. Colerne, 11 Q. B. 909; 17 Law J.121, m.; 12 J. P. 585.

Notice of Chargeability, how signed.
At the hearing of an appeal against an order of removal, the

appellants objected to the notice of chargeability, as being signed
by three persons, who described themselves as “ overseers of the
REMOVAL.—NOTICE OF CHARGEABILITY, 21

poor of the said parish of Melksham,” and it did not purport t
come from “the” overseers (which would imply the whole «
them), or from a majority of them. The sessions, howeve!
confirmed the order, subject to a case.

The Court, after argument, held the signature of the notic
to be sufficient. They said that they were bound to presum
that those persons who are stated to be overseers, and may b
the majority, are the majority; the omission to state th
character in which they acted, would be quite a differen
objection. Order of sessions confirmed.

Rt. v. Great Bolton,? Q. B. 387 ; 14 Lam J. 122, m.;
9 J. P. 536.

Order being quashed for defect in the Copy of it sent with the Notice c
Chargeability, does not prevent the Respondents removing again by
fresh Order.

Upon appeal against an order of removal, the sessions quasher
it, subject to a case. A previous order had been obtained fo
the removal of the pauper, which was appealed against, on thi
ground that the copy of it sent with the notice of chargeability
omitted altogether the signatures of the justices; and on tha
ground the sessions quashed the order, subject to a case. Th
respondents, however, instead of taking up the case, applied fo:
and obtained a new order for the removal of the pauper to th
same parish; which is the order now appealed against. The
question in the present case was, whether the former order o:
sessions being’ quashed, was conclusive; and whether it was
competent for the respondents to obtain a fresh order, after a case
had been granted to them by the sessions.

The Court, after argument, held that the former order being
quashed was not conclusive, because the decision of the sessions
was not upon the point of settlement. And secondly, as to the
granting of the case, it was a benefit to the respondents which
they might forego; and by abandoning that, they might have
recourse to their ordinary remedy of obtaining a fresh order,
Order of sessions quashed.
214 THE REMOVAL.

Tue REMOVAL.
R. v. Cooper, 18 Law J.16, m.; 12 J. P. 803.

Not an indictable Offence, for Overseers to remove again, after a Case has been
granted and not decided.

Where an order of removal was appealed against, and the
sessions confirmed it, subject to a case for the opinion of the
Court of Queen’s Bench; but the overseer of the respondents,
not waiting for the decision of the latter Court, removed the
pauper, under the order to the appellant township. For this he
was indicted ; and upon a demurrer to the indictment, the Court,
after argument, held that the indictment would not lie, as it did
not state that any fraud or menace was made use of by the
defendant in the removal. Judgment for the defendant.

R.v. Acton, 8 Q. B.108; 15 Law J. 21, m.; 10 J. P- 150.

A pauper, settled in a Parish, which is afterwards divided into Townships,
each maintaining its own Poor, cannot be removed to his Place of
Settlement.

Upon appeal against an order for the removal of Mary
Lloyd, widow, from the township of Acton to the town-
ship of Gwersyltt, the sessions quashed the order, subject to
a case. The parish of Gresford consisted of the township
of Gwersyltt and seven other townships in the county of
Denbigh, and two townships in Flintshire. The two town-
ships always maintained their own poor separately. From
1787 to 1816, Gwersyltt and three other of the townships in
Denbighshire had but one overseer appointed for them, and
from 1816 to 1888 the number of overseers for these and the
other townships in Denbighshire varied from time to time. An
equal rate used to be agreed to at a vestry; but separate rates
were made by the overseers, and at the end of the year a general
settlement of the accounts was had, and those who were deficient
received from those who had a surplus, and the general balance
was handed over to the overseers for the ensuing year. In
THE REMOVAL. 21

1771 the pauper’s late husband gained a settlement in Gwersyl
by hiring and service. In 1833, in obedience to a mandamu
the justices appointed two overseers for each of the townships i
Denbighshire, from which time each maintained its own poc
separately. A few months after the death of the pauper
husband in 1815, the pauper received relief from the township ¢
Gwersyltt, and continued to receive such relief until the yet
1844, during all which time the pauper was residing in th
township of Acton. The question was, whether the paupe
could be removed from Acton to Gwersyltt.

The Court, after argument, held that she could not. N
settlement could be gained in Gwersyltt previously to 183¢
and relief given upon a mistaken supposition that a settlemar
had been gained there, did not estop the overseers from denyin
such settlement.

Tt was holden also that a notice and grounds of appeal, signe
by the overseers of Gwersyltt alone, without the churchwarder
of the parish was good.

R. v. Hunnington, 5 Q. B.273; 18 Law J. 24,m.; 8 J P.2

Where a Parish, maintaining its own Poor, is afterwards divided, and Oversee:
appointed for each Township, a Pauper, who before then gained
Settlement in the Parish, cannot be removed to it.

Upon appeal against an order for the removal of Elizabet
Parker and her children from Rowley Regis to Hunnington, th
sessions confirmed the order, subject to a case. The pauper’
husband, who had deserted her, had no settlement in his ow.
right; but his father, in 1790, gained a settlement in the paris.
of Halesowen, by hiring and serving for a year in Hunnington,
township in that parish. Halesowen, which consisted of thirteei
townships, and formerly supported its poor in common, was ii
1832 separated, and overseers appointed for each of the township
respectively. The question was, whether the paupers could b
removed to Hunnington as the place of settlement of he

husband’s father.
216 THE REMOVAL.

The Court, after argument, held that she could not. There
was no longer any settlement which could be derived from the
father :—not in the parish of Halesowen, for it no longer sup-
ported its own poor: and not in Hunnington, for no settlement
could be acquired in it, as a distinct township, until after it was
separated from the other townships, and overseers separately
appointed for it asabove mentioned. Order of sessions quashed.
(See &. v. Tipton, ante, p. 127.)

R.v. St. Martin, New Sarum, 9 Q. B. 241; 15 Law J.128 m.;
10 J. P. 581.

Where Parishes have been united, a Person who previously gained a
Settlement in one of them, may be removed to the united Parishes.

Upon appeul against an order for the removal of Mary Ann
Escott from St. Martin, New Sarum, to the parish of Glastonbury,
the sessions quashed the order, subject to a case. Previously to
1884, the town of Glastonbury consisted of two parishes, St. John
and St. Benedict. In 1818 the pauper, who was illegitimate,
gained a settlement in the parish of St. John. Afterwards,
in 1834, these parishes were united for all purposes, except
ecclesiastical matters, by a local Act of parliament, and the
parishes were to be known thereafter as “the united parishes of
St. John and St. Benedict, in the town of Glastonbury, in the
county of Somerset.” The pauper married a man, whose
settlement was unknown, who died in the parish of St. Martin,
New Sarum, in 1846; and she and her children thereupon
becoming chargeable, the present order was obtained for their
removal to Glastonbury. The question was, whether they could
be removed there.

The Court, after argument, held that they could. The united
parishes are subject to all the liabilities to which each was subject
when separate. It was not the intention of the legislature,
by uniting them, to destroy the settlements which had pre-
viously been gained in either of them. Order of sessions

quashed.
APPEAL AGAINST ORDER OF REMOVAL. a1

APPEAL AGAINST ORDER oF REMOVAL.

R. v. St. Edmund's, Salisbury, 2 Q. B. 72; 5 J. P. 483.

Appeal to what Sessions, against an Order of Removal made by Justices
of a Borough having separate Quarter Sessions.

An appeal against an order of removal made by justices «
the borough of New Sarum, was entered and tried at th
quarter sessions for the county of Wilts. The respondent
objected to the justices there taking cognizance of it, contendin
that the appeal ought to be brought at the borough sessions,
separate Court of quarter sessions being given to the boroug
by the Municipal Corporation Act. The county justices, how
ever, proceeded to hear the appeal, and quashed the orde
subject to a case on this question of jurisdiction.

The Court, after argument, held that the borough sessior
had jurisdiction of the appeal. Before the Municipal Corpore
tion Act, 6 & 7 W. 4, c. 76, the appeal. must have been to th
county sessions ; but by the 105th section of that Act, where
separate Court of quarter sessions is granted to a town corporati
it shall have jurisdiction over all offences “and matters what
soever cognizable by any Court of quarter sessions of the peac
for counties in England.” The Court would not say that th
county sessions had not concurrent jurisdiction ; but as in thi
case the borough sessions were first held, the appeal ought t
have been there. Order of sessions quashed.

R.v. JJ. of Suffolk, R. v. II. of Shropshire, and R. v. JJ
of Lancashire, 2 Q. B. 85; 5 J.P. 484.

When Order of Removal is made by Justices of a Borough having separat
Quarter Sessions, the Appeal must be to the Borough Sessions.

The question in these three cases was, to what Court c

quarter sessions an appeal must be made, against an order c

removal made by the justices of a borough having separat
218 APPEAL AGAINST ORDER OF REMOVAL.

quarter sessions. In the first two, the appeal was to the county
sessions, but the justices there refused to entertain it. In the
third, the county justices heard the appeal, and quashed the
order. The Court, after argument, said that they had already
holden that the quarter sessions of a borough have jurisdiction
to try an appeal against an order of removal made by the
borough justices. The question in these cases, however, was,
whether the borough sessions have exclusive jurisdiction ; and
the Court held that they have.

R. v. Recorder of Liverpool, 15 Q. B.1070; 14 J. P.782;

Appeal to what Sessions, against an Order of Removal made by County
Justices, but acting in and for a Borough having separate Quarter
Sessions, .

Upon a rule for a mandamus to the recorder of Liverpool, to
enter continuances and hear an appeal, the facts appeared to be
thus :—Two justices of the county of Lancaster, in Liverpool
and for Liverpool (there being no non-intromittant clause in the
Liverpool charter), made an order for the removal of a pauper
from Everton, in the borough of Liverpool, to Llanbeblig. To this
there was an appeal in due time by the overseers of Llanbeblig,
but by mistake they gave their notice as for the sessions of the
county of Lancaster, and upon discovering their mistake, they
gave notice that they meant to appeal to the borough sessions.
The county sessions were held first, and no appeal was entered
there. Afterwards, at the borough sessions, the appeal was
entered and respited; and at the following sessions, when the
appeal was called on, the appellants being required to prove
their notice, did so, and it appearing to be a notice for the
county sessions, the recorder dismissed the appeal. The Court,
after cause shown, made the rule absolute. They said there
was no doubt but that the appeal should have been to the
borough sessions, and not to those of the county; and as to the
notice, it was good as a notice of appeal, and its stating that
the appeal was to be to the county sessions was merely sur-
plusage, which could not mislead.
APPEAL AGAINST ORDER OF REMOVAL. Qu

Riv. JS. of Buckinghamshire, 4 EL. § B.259,n.; 19 J. P. 148

Appeal to what Sessions, against an Order of Removal made by Justices of :
Borough having no Quarter Sessions.

The justices of the borough of Chipping Wycomb made ai
order, dated the 14th January, for the removal of a pauper
against which there was an appeal. But the appellants on th
8th February, gave notice of appeal, but gave it by mistake for th
borough sessions. In fact the borough had no separate quarte
sessions; and the appellants perceiving their error, on the 28t]
March gave notice that they did not intend to try the appeal a
the next April sessions for the county, but would then have i
entered there and respited. On the 4th April it was accord
ingly entered at the county sessions, and respited. On the 8t]
June the appellants gave notice of trial for the next sessions
when both parties appeared, and the respondents objected tha
the appeal was invalid, inasmuch as the notice was not for th
county sessions; and the Court being of that opinion, refuse:
to hear the appeal.

On a rule for a mandamus to the justices at sessions to ente
continuances and hear the appeal, the Court, after cause shown
said that the case was the same as the Liverpool case (supra)
and made the rule absolute.

R.v. JJ. of Salop, 4 E. § B. 257; 24 Law J. 14, m.;
19 J. P.149.

Where a mistake is made as to the Sessions to which an Appeal is to be
made, in what Cases a new Notice necessary.

A rule nisi being obtained for a mandamus to the justices c
Salop, to enter continuances and hear an appeal, the fact
appeared to be thus:—Two justices had made an order as t
the settlement of a pauper, chargeable to a parish in th
borough of Shrewsbury; against which there was an appea
The notice of appeal stated an intention to appeal to th
borough sessions, and both parties attended accordingly, whe:
the respondents objected that the appeal should have been t
220 APPFAL AGAINST ORDER OF REMOVAL.

the county sessions, and the appeal was dismissed. The ap-
pellants then entered the appeal at the county sessions, and
had it respited ; butat the next sessions the Court refused to hear
it, on the ground that no valid notice of appeal had been given.
After cause shown, the Court held that the sessions had
decided rightly. As the appellants acted upon the notice as
for the borough sessions, they could not afterwards treat it as a
notice for the county sessions. If indeed they had not attended
at the borough sessions, and no steps had been taken by either
party upon it asa notice for those sessions, the words relating
to the particular sessions might be rejected as surplusage, and
the notice treated as for the county sessions. Rule discharged.

R. v. Seven Oaks,? Q. B.186; 9 J. P. 485.

Appeal against an Order of Removal must be to the next practicable Sessions,

A rule nist being obtained for a certiorari to remove an order
of sessions for the purpose of having it quashed, upon showing
cause the case appeared to be thus:—On the 29th July an
order of removal was made and suspended; on the 7th August
it was served; on the 14th October, a notice of appeal, dated
the 6th September, was served for the next sessions, which
were holden on the 17th October, and by the practice of the
sessions eight days’ notice of trial should have been given. No
appeal was entered at those sessions; and the respondents did
not appear then, nor at the following Epiphany sessions, nor
did they hear any more of the appeal, until the 15th February,
when they were served with a copy of: the order of the quarter
sessions now in question, quashing the order, and purporting to
be made at the Epiphany sessions.

The order being brought up, and a rule xis? obtained for
quashing it, the Court, after argument, held that it was clearly
bad. On the 7th August, when the order of removal was
served, the October sessions were the next practicable sessions,
and the appellants were bound to go to those sessions; and not
having done so, the Court at the Epiphany sessions had no
jurisdiction to entertain the appeal, or to quash the order of
removal.. Rule absolute.
APPEAL AGAINST ORDER OF REMOVAL. 22]

Riv. JJ. of Peterborough, 26 Law J. 158, m.; 21 J. P. 20.

Appeal against an Order of Removal, must be to the next practicable
Sessions.

Upon a rule for a mandamus to the justices for the liberty o
Peterborough, to enter continuances and hear an appeal, thi
case appeared to be thus :—An order of removal, with notice o
chargeability and grounds of removal, were served on the 9tl
September; on the 21st the clerk of the appellants wrote +
letter to the respondents, saying that the appellants woul
appeal; on the 29th, he applied for copies of the depositions
which were furnished to him on the 80th; and on the 7tl
October the appellants gave the respondents notice that the:
would commence an appeal at the next quarter sessions whicl
would be holden on the 16th. The respondents accordingh
attended at the sessions on the 16th October, but the appellant
did not attend or enter their appeal, from a mistaken conceptio1
that they had fourteen days further time after the receipt o
the copy of examinations (80th September), and that therefor
the sessions were not the next practicable sessions. The re
spondents applied for their costs; but the Court, under th
circumstances, refused to grant them. On the 20th Octobe
the paupers were removed; and on the 23rd December, th
appellants served notice and grounds of appeal for the Epiphan;
sessions, where they attended, and applied to have the cas
heard, but the Court refused to hear it.

The Court, after argument, refused the mandamus. The
said that the October sessions were the next practicable session:
and the appellants should have appealed to those session:
Rule discharged.

R.v. JJ. of Lancashire, 4 Q. B.910; 12 Law J. 110, m.;
7 J. P.399.

If twenty-one days have not elapsed between the service of an Order <
Removal and the next sessions, the Appellants need not appeal at tho:

Sessions.
An order of removal, with an order of suspension indorsed o
it, was served on the 14th October, and the quarter session
222 APPEAL AGAINST ORDER OF REMOVAL.

were holden on the 8rd November. There was no appeal to
those sessions, nor any notice of appeal given. At the next
sessions, in January, the appellants applied to enter and try the
appeal, but the sessions refused to receive it. The Court held
that the sessions were wrong; the appellants had twenty-one
days to consider whether they would appeal or not; and here
but twenty days had elapsed ; so that the January sessions were
the first practicable sessions after the service of the order.

R.v. JS. of Middlesex, 4 Q. B. 807; 12 Law J. 184, m.;
7 J. P.A9A.

Appeal against an Order of Removal must be to the Quarter Sessions, and
not to a General Sessions.

In August 1841, notice of appeal against an order of
removal was given for “the general sessions of the peace to be
holden for the county of Middlesex.” In Middlesex,. besides
the quarter sessions, there are also general sessions; and the
appeal was entered at the next general sessions. In an appli-
cation to the Court of Queen’s Bench, afterwards, for a manda-
mus, it became a question whether an appeal to the general
sessions was correct: the stat. 18 & 14 C. 2,¢. 12, requires
it to be to the quarter sessions; the 3 & 4 W.& M.c.11,s. 9,
requires it to be to the “general quarter sessions;” and the
stat. 8 & 9 W. 3, c. 80, s. 6, requires it to be to the “ general or
quarter sessions.”

The Court held that the appeal must be to the quarter
sessions. They said the point had already been decided in
R.v. JJ.0f London, 15 East, 632.

R.v. JJ. of Westmoreland, 12 Law J.113, m.; 7 J, P.658.
Appeal against an Order of Removal, by whom.

Where an order of removal was directed to the overseers of
the poor of a district, not maintaining its own poor, and for
which no overseers had been appointed, an appeal by three
inhabitants of the place, describing themselves as “ inhabi-
tants of the place calied B.,” was holden sufficient, although it
was not stated that they were rated inhabitants.
APPEAL AGAINST ORDER OF REMOVAL. 223

APPEAL AGAINST ORDER oF REMOVAL. (Wotice.)
R. v. JS. of Lancashire, 17 Law J. 45, m.; 11 J. P.820.

Adjournment of the Appeal, in what Cases.

Upon an application in the Bail Court for a mandamus to
justices to enter continuances and hear an appeal, the case
appeared to be thus :—The order of removal, removing a woman
and her children to the place of her maiden settlement, was
made on the 2nd September 1846; and on the 25th the
paupers were removed. Afterwards the overseers having reason
to believe that the pauper’s husband, who had deserted her, had
acquired a settlement in Liverpool, entered and respited an
appeal against the order at the October sessions. Exertions
were made by the appellants to find the husband, and at last,
on the 24th of December he was apprehended under a war-
rant. No notice or grounds of appeal were given for the
Epiphany sessions; but the respondents applied, upon affidavit
of the fact, at those sessions, to adjourn the appeal until
the next sessions, as it was not possible to collect the neces-
sary facts and evidence in time to give notice for the present
sessions. The sessions granted the application (although it
was opposed by the respondents), and adjourned the appeal to
the next sessions on payment of costs, which were paid. At
the next sessions the respondents opposed the hearing of the
appeal, on the ground that the sessions had no authority or
jurisdiction to adjourn the appeal; and the sessions being of
that opinion, refused to hear the appeal, and confirmed the
order of removal.

After cause shown, Patteson, J. said that he must take it,
upon the facts, that the sessions would have heard the appeal
if they thought that they had a discretionary power to
adjourn the appeal; and as it was quite clear that they had
that power, he thought the rule for the mandamus ought to
be made absolute. Rule absolute.
994 APPEAL AGAINST. ORDER OF REMOVAL.

R.v. JJ. of Middlesex, 14 Law J. 189, m.; 9 J P. 874, 89.

Notice of Appeal, when to be given.

Upon an application in the Bail Court for a mandamus to
justices at sessions to enter continuances and hear an appeal,
it appeared that the time for giving notice of appeal was in
this case regulated by a local Act, which required that the
notice should be given “seven days at least’” before the ses-
sions. The notice was given at half-past nine o’clock in the
morning of the 3lst December, and the sessions commenced
at ten o’clock on the 7th January. On that day the re-
spondents applied to have the appeal adjourned for the con-
venience of counsel, and it was accordingly adjourned to the
April sessions, where it came on for hearing. The respondents
then objected to the notice of appeal, as it had not been
given seven clear days before the former sessions; and the
sessions being of that opinion, refused to hear the appeal.

It was contended, in support of the rule, that there were,
in fact, seven clear days between the service of the rule and
the sitting of the sessions; and even if there were not, the
respondents had waived the objection, by moving to have
the hearing adjourned. Wightman, J. held that the notice
was bad; it had in several cases been decided that where a
notice is to be given a certain number of days “at least,”
the day of giving the notice cannot be reckoned. Rule
discharged.

R.v. JS. of Montgomeryshire, 14 Law J.142, m;
9 J. P. 358, 389.

What Notice in the Case of a respited Appeal.

Upon a rule, in the Bail Court, for a mandamus to the
justices of the county of Montgomery, to enter continuances
and hear an appeal, it appeared that the appeal had been
entered and respited ; and fourteen clear days before the next
sessions the appellants served notice and grounds of appeal.
But because the notice was served twenty-eight days before the
APPEAL AGAINST ORDER OF REMOVAL. 225

sessions (which, by a rule of the sessions, was required in the
case of a respited appeal), the sessions confirmed the order of
removal, with costs. Wightman, J., held that, as the quarter
sessions are the proper judges of their own rules, he ought not
to interfere. Rule discharged.

R. v. JS. of Surrey, 18 Law J.175, m.; 18 J. P. 831.

What notice in the Case of a respited Appeal.

Upon a rule, in the Bail Court, for a mandamus to the justices
of Surrey to enter continuances and hear an appeal, it appeared
that the order of removal was served on the 1ith July; on the
29th August the pauper was actually removed : at the sessions
on the 17th October an appeal was entered and respited ; and
on the 18th December the appellants served notice of appeal
for the sessions on the 2nd January. On that day, when the
appeal was called on, the respondents objected to its being
heard, as neither by a service of the order of respite, nor by a
distinct notice, nor by the notice of trial, was any intimation
given to them that the appeal had been entered and respited, as
was required to be done by a rule of the sessions. And for
this reason the justices refused to hear the appeal.

After argument, Hrle, J., held that the power of the sessions
to make rules of practice did not extend to the creation of a
condition distinct from and in addition to the steps required by
law, so as to warrant the refusal of a hearing in case the con-
dition was not performed. Here all the notices required by the
general law were given, and the appeal ought to have been

heard. Rule absolute.

R, v. JJ. of Flintshire, 16 Law J. 55, m.; 11 J. P, 103,

Notice of Appeal, by whom.
* Upon a rule, in the Bail Court, for a mandamus to the justices
of Flintshire to enter continuances and hear an appeal, i¢-
appeared that the order was directed to the overseers of the
parish of West Kirby; the parish contains ten: townships, one:
Q
226 APPEAL AGAINST ORDER OF REMOVAL.

of which is of the same name as the parish, and the settlement
of the pauper, if he had any, was in the township of West
Kirby. The overseers of West Kirby gave notice of appeal ;
and when the appeal was called on, the respondents objected to
the notice, as not being signed by one of the churchwardens of
the parish, as the order was directed to the parish. A witness
was examined, who proved that the township maintained its
own poor. But the justices, being of opinion that the church-
warden ought to have joined in the notice, refused to hear the
appeal.

After argument, Erle, J., held that the grounds of appeal
sufficiently raised the objection, and the justices therefore had
jurisdiction, and, having jurisdiction, their decision was final.
Rule discharged.

R. v. Wichenby, 16 J. P. 294.
Notice of Appeal served too late, in what Case waived.

Where notice of appeal against an order of removal was given
too late, but the respondents. afterwards gave the appellants a
notice to produce some document, and the sessions held this
notice to be a waiver of the irregularity, the Court held that it
was a matter of practice, of which the sessions were competent
to judge, and having done so, the Court would not interfere.

R.v. SS. of Middlesex, 20 Law J. 42, m.; 14 J. P. 736.

When Notice of Appeal may be signed by Attorney.

Upon an application in the Bail Court for a mandamus to
justices at sessions to enter continuances and hear an appeal, it
appeared that the notice of appeal (without the grounds) was
given and signed by the attorney for the appellants; which
being objected to at the hearing, the sessions dismissed the
appeal. After cause shown, Patteson, J., held that notice of
appeal might be given by the appellant’s attorney, who acted in.
that case as agent for the overseers, although it would be other-
Wise in the case of a notice of chargeability.
APPEAL AGAINST ORDER OF REMOVAL. 207

R.v. JJ. of W. R. Yorkshire, 13 Law J. 89, m.

Notice of Appeal, how signed under Gilbert’s Act.

Where the appellant parish is incorporated under Gilbert’s
Act (22 G. 3, c. 28), the notice must be signed by the guar-
dians, and described as such, and not by the churchwardens and
overseers ; for as soon as a guardian is appointed in such a case,
the powers of the parish officers in those matters become vested:
wholly in him.

R. v. St. George, Hanover Square, 18 Q. B. 642 ;
18 Law J. 160, m.; 18 J. P. 498.

Notice of Appeal how signed, under Local Act.

Upon appeal against an order of removal, the question was
whether the notice and grounds of appeal were properly signed,
and given by the right persons. The sessions confirmed the
order, subject to a case. The poor of the appellant parish,
St. George, Hanover Square, were regulated by a local Act,
which enacted, that the vestry should appoint twenty of their
body, who with rector, churchwardens, and overseers should be
governors and directors of the poor of the parish, and have the
sole care and management of the poor; and that any three or
more of them might exercise the power and authorities thereby
vested in the governors and directors. The notice was signed
by three of the governors and directors, ‘and not by the church-
wardens and overseers

The Court, after argument, held that the notice was properly
signed. The governors and directors, having by the local Act
the sole care and management of the poor, were the parties
agerieved by the order, and a notice signed by three of that
body was good.

R. v. Slawstone,18 Q. B. 888; 21 Law J. 145; 16 J. P.279.

Notice of Appeal when sent by Post.
‘Upon appeal against an order of removal, the sessions quashed

the order, subject to a case. The question was at what time a
a2
228 APPEAL AGAINST ORDER OF REMOVAL.

notice of appeal is deemed to be served, when sent by post.
In this case the notice of chargeability, and copy of the order
and grounds of appeal, were served on the 7th August; on the
26th an application was made to the clerk of the justices for
copies of the examinations, which were accordingly sent by post
on the 8rd September, and received on the 5th; and on the
17th notice and grounds of appeal were sent by post, which
according to the regular course of the post ought to have
reached the respondents on the 19th, but did not in fact reach
their parish until the 20th.

The Court, after argument, held that the notice must be
deemed to be given at the time when by the regular course of
post it would reach the respondents, which in this case was the
19th September, and would then be in time; and the same rule
applies to the sending of the depositions, which must be deemed
to be given on the 5th; and then the appellants had 14 days
further to serve their notice of appeal. ,

KR. v. West Houghton, 5 Q. B. 300; 18 Law J. 41, m.;
7 J. P. 788.
A Notice of Appeal against an Order of Removal need not name the Justices
by whom it was made.

Upon an appeal against an order of removal, a preliminary
objection was taken to the notice of appeal that in describing
the order, it did not state the names of the justices by whom it
was signed. The sessions deeming the objection good, dismissed
the appeal and confirmed the order, subject however to a case,
which, after stating the point for the opinion of the Court, added,
that if the notice should be holden not to be defective, the case
should be sent back to sessions to be heard. The Court held
that there was nothing in the objection; and Lord Denman, C.J.,
said that the respondents might as well have objected to the
notice because it did not state from what factory the paper came
on which it was written. The case was, therefore, sent back to
sessions ; although the Court observed that they objected to
taking upon themselves thus a part of the duty of the Court of
quarter sessions, and then sending the case back to them ; they
did not wish to encourage the practice. .
APPEAL AGAINST ORDER OF REMOVAL. 229

R. v. JS. of Middlesex, 15 Law J. 100, m.; 10 J. P. 809.

Misdescription of Order of Removal in Notice of Appeal, when not material.

Upon a rule in the Bail Court for a mandamus to justices at
sessions to enter continuances and hear an appeal, the case
appeared to be thus:—In the duplicate order of removal, sent
with the notice of chargeability, the name of one of the justices
subscribed to it was illegible; the name, in fact, was “ Josiah
Wilson,” but the appeal was entered as against an order of
“John Walter,” and the notice of appeal described it in the
same way. But upon the hearing of the appeal, the original
order was produced, and then the mistake was detected. The
respondents objected to the notice of appeal for this cause, and
the sessions dismissed the appeal, on the ground that there was
no such order as that described in the notice and entry of the
appeal.

After cause shown, Coleridge, J., held, that if the sessions
were of opinion that the appeal was meant to be entered against
the real order, they would have jurisdiction to try it. Rule
absolute.

APPEAL AGAINST ORDER OF REMovaL. (Grounds.)

R. v. Justices of Suffolk, 16 Law J. 36, m.; 11 J. P.58. .

Grounds of Appeal, when to be served, when the Sessions are held in different
Divisions of a County.

Upon a rule in the Bail Court for a mandamus to justices to
enter continuances and hear an appeal, the case appeared thus :—
The quarter sessions for the county of Suffolk are holden at
different places in the county, by adjournment; and it is the
practice of the sessions to try all matters arising in each division
(including appeals) at the sessions holden in that division.
Each of these sessions are presided over by different chairmen,
and different grand and petty jurors are summoned, and the
appeals are required to be entered in the division in which the
matter of them arose, and are there tried. The first of these
230 APPEAL AGAINST ORDER OF REMOVAL.

sessions is holden at Beccles, the second at Woodbridge, the
third at Ipswich, and the last at Bury St. Edmunds. The
parish of Woolpit (which is within the last of these divisions),
had obtained an order for the removal of a pauper to the parish
of Badwell Ash, and the overseers of this latter parish entered
and respited an appeal against it at the sessions holden in
Bury St. Edmunds. The next sessions for this latter division
were to be holden on the 7th July; and on the 20th June, the
appellants sent their grounds of appeal to the respondents.
At the hearing this was objected to, because by stat. 4&5 W.4,
c. 76, s. 81, the grounds of appeal ought to have been sent
before the first day of the sessions, which means in this case the
sitting of the Court at Beccles. The Court held the objection
good, and refused to hear the appeal.

After cause shown, Erle, J., held the service of the grounds
of appeal bad. When the commencement of the sessions is to
be ascertained, the original, and not any adjourned sessions,
must be understood as intended; the grounds of appeal there-
fore should have been given fourteen clear days before the
sitting of the Court at the first of these divisions. Rule
discharged.

R.v. The Recorder of Derby, 20 Law J. 44 m.;
14 J. P. 753,

The time for sending Grounds of Appeal, not affected by Stat. 11 & 12 Vict.
ec. 31.

Upon a rule in the Bail Court for a mandamus to the
recorder of Derby, to enter continuances and hear an appeal,
it appeared that grounds of appeal had been served more than
fourteen days before the sessions ; but it was contended by the
respondents that by the fair construction of stat. 11 & 12 Vict.
c. 31, s. 9, these grounds, as well as the notice of appeal, should
have been served within twenty-one days after the sending of
the order of removal; and the recorder being of this opinion,
dismissed the appeal.

After cause shown, Patteson, J., held that stat. 11 & 12 Vict.
related to notices of appeal merely, and not to grounds of
appeal. Rule absolute.
APPEAL AGAINST ORDER OF REMOVAL, 231

R. v. FF. of Surrey, 15 Law J. 46, m.; 10 J. P.71, 119.

Grounds of Appeal, by whom sent.

Upon a rule in the Bail Court for a mandamus to justices at
sessions, to enter continuances and hear an appeal, it appeared
that the question at the sessions was, as to sufficiency of the
statement of grounds of appeal; and the sessions, holding them
to be insufficient, dismissed the appeal. The notice and grounds
of appeal, which were really signed by a majority of the parish
officers, stated “we being a majority of, and acting for and on
behalf of, the churchwardens and overseers,” &c., and also “ that
the following are the grounds of our appeal.” But it was
objected that it should have been signed by all the church-
wardens and overseers. .

After cause shown, Williams, J., held the notice and state-
ment to be sufficient. It had been objected that the sessions
had decided this point, and their decision was final; but that
was not so, for the constant usage had been to direct a
mandamus to go, where the parties have been turned round
on an objection to the notice of appeal. Rule absolute.

Ru.v. JJ. of W. R. Yorkshire, 14 Law J. 119, m.;
9 J. P. 822.

Grounds of Appeal, by whom sent.

Upon a rule in the Bail Court for a mandamus to the justices
at sessions to enter continuances and hear an appeal, the
question was as to the signature of the notice, and grounds of
appeal. The notice of appeal commenced, “We, the under-
signed, being a majority of the churchwardens and overseers.
of the poor of the parish of,” &c., and was actually signed by
five out of the six of these officers. This was objected to, as
being the act of the majority, and not of all the parish officers ;
that it ought to be shown that it was signed at a meeting of
the whole body properly convened. And the sessions being of
this opinion, the sessions refused to hear the appeal.

After cause shown, Williams, J., held the notice and grounds
232 APPEAL AGAINST ORDER OF REMOVAL.

to have been properly signed. It was actually signed by a
majority, and the presumption was that it was signed by them
on behalf of the whole body, and it lay on the respondents to
prove the contrary. Rule absolute.

R. v. Leominster,5 Q. B. 640; 13 Law J. 54, m. ;
8 J. P. 618.

Notice and Grounds of Appeal, how signed.

A notice and grounds of appeal was signed by the two over-
seers, and by one of them also as churchwarden, he being both
clhurchwarden and overseer of the poor for that year, and the
other churchwarden being dead. The respondents objected
to this, as the parties signing it could not be deemed the
majority of the churchwardens and overseers, and there was
therefore no body of churchwardens and overseers in the parish
competent to give the notice. The sessions, however, held the
notice sufficient, and quashed the order of removal, subject to
acase. After argument, the Court held the signatures to the
notice to be sufficient; the appellants, if the decision were
against them, could not have repudiated the acts of their officers,
and the respondents in that case would have all the benefit of
a decision for them, and were not now at liberty to enter into
the legality of the several appointments in the adverse parish.

R.v. JJ. of Surrey, 5 Q. B. 506; 18 Law J. 86, m.;
8 J. P. 440.

Notice and Grounds of Appeal, how signed.

The parish of Allhallows-the-Great, in the city of London,
served a notice and grounds of appeal against an order of
removal on the parish officers of Wimbledon. In the parish of
Allhallows there were two churchwardens, two overseers of the
poor, and one guardian, who had been elected for that parish
as a member of the board of guardians for the London Union.
The notice, purporting to be by the churchwardens and over-
seers, was signed by one of the churchwardens, one of the
overseers, (the other churchwarden and overseer being absent,)
APPEAL AGAINST ORDER OF REMOVAL, 238

and by the guardian; also one W. P. Hammond signed it for
Wm. Hammond, the other churchwarden, but it did not appear
that he had any authority for doing so. This was objected to
by the respondents, as not being signed by a majority of the
churchwardens and overseers ; and the sessions considering the
objection valid, declined to hear the appeal, and confirmed the
order of removal. A rule nisi for a mandamus to the sessions,
to enter continuances, and hear the appeal, being obtained, the
Court, after cause shown against it, held the notice to bevbad:
the signature of W. P. Hammond for Wm. Hammond was a
nullity, for he might be a mere volunteer, without authority to
sign; and the signature of the guardian was also a nullity, for
he was not a parish officer; so that the notice was signed by
two only out of four parish officers. The Court therefore dis-
charged the rule.

R. v. St. Mary-in- Bungay, 12 Q. B. 32; 19 Law J. 39, m. ;
13 J. P. 779.

Grounds of Appeal, how to traverse the Respondents’ case.

Upon appeal against an order of removal, the sessions con-
firmed the order, subject to a case. It appeared that the
examinations in support of the order alleged, as evidence of a
settlement, a former order acted on and unappealed against,
for the removal of the pauper and her children from the
respondent to the appellant parish as the place of her late
husband’s settlement ; and the ground of appeal was “ that the
pauper’s late husband had not, at the time of his decease, nor
ever had any settlement in our said parish.”

After argument, the Court (dub. Erle, J.) held that this
general ground was no traverse of the existence of the former
order, and that the respondents were not thereby compelled to
produce and prove it at the hearing. The examinations stated
no settlement, but merely facts from which a settlement might
be inferred ; and the ground of appeal therefore was no traverse
of those facts, but merely of the inference to be drawn from
them. Order of sessions confirmed.
284 APPEAL AGAINST ORDER OF REMOVAL.

R.v. Widdicombe-in-the- Moor, 9 Q. B. 894; 16 Law J. 44, m.;
11 J. P. 218.

Traverse in Grounds of Appeal, how.

Upon appeal against an order of removal, the sessions con-
firmed the order, subject toa case. The examinations set up a
birth settlement of the pauper in the appellant parish, and also
a settlement by hiring and service there by the pauper’s father;
and the appellants traversed the latter expressly, adding that
the pauper was not settled in the appellant parish “in any
manner whatever,” which the sessions deemed to be no answer
to the birth settlement. But the Court held that the latter
general ground was no traverse of the birth settlement; the
appellants having expressly traversed one settlement, should
have also expressly traversed the other.

There were two other points also decided in this case. A
former order of removal had been appealed against and quashed,
and the book of the sessions showed that it was quashed “on
the ground that the examinations were insufficient to support
the order.” . The respondents offered evidence to explain this
entry, and to show that the order was not quashed upon the
merits, which evidence the sessions received; and the Court
held that the sessions had properly received the evidence, for it
was consistent with the entry that the judgment was not on
matter of form merely.

The other point was, as to the reception of the examination
of the husband of the pauper taken two years before, at a time
when he was a prisoner, and under sentence of transportation.
The Court held that it could not be received, without evidence
also that he was still a prisoner.

R. v. St. Giles, Colchester, 12 Q. B.18; 17 Law J. 148, m.;
° 12 J. P. 645.
Traverse in Grounds of Appeal, what sufficient.
Upon appeal against an order for the removal of a widow
and her children, the order was confirmed, subject to a case.
The only settlement disclosed by the examinations, was the
APPEAL AGAINST ORDER OF REMOVAL. 235

birth settlement of the pauper’s late husband, and the only
ground of appeal at all applicable to it, was the general ground
that the pauper was not, at the time of the making of the order,
nor was her late husband at the time of his decease, legally
settled in the appellant parish.

It was objected that this was no traverse of the birth set-
tlement, for it might be that he was born in the parish, but had
gained a settlement elsewhere in his own right. But the Court
held that this denial of a settlement generally by the appellants,
put the respondents upon proof of the birth settlement, the only
one they set up, although there was no ground of appeal
traversing his being born there, or alleging his being born
elsewhere. Order of sessions quashed.

R. v. St. Pancras, 12 Q.B. 81; 19 Law J. 23, m.;
14 J. P.175.

Traverse in Grounds of Appeal, what sufficient.

Upon appeal against an order for the removal of Frederick
Greenland and his children from Lambeth to St. Pancras, the
sessions confirmed the order, subject to a case. The examination
set up a settlement of the pauper’s mother in the appellant
parish by renting a tenement. And the ground of appeal was,
“that the statements contained in the said examination are not
true.” It was objected that this was bad, as not putting in
issue any specific fact. But the Court held it to be sufficient ;
it was in effect a denial, not only of the settlement, but of all
the allegations in the examination. Order of sessions quashed.

R.y. Ealing, 12 Q. B. 178, n.; 18 Law J. 185, m. ;
13 J. P. 297.

Settlement by Birth, how stated in Grounds of Appeal.

Upon appeal against an order for the removal of Winifred
Payne and her children from Islington to Ealing; the sessions
confirmed the order, subject to a case. The ground of appeal
was, that the pauper’s husband was born in the parish of
Portsea, in the county of Southampton, “in or about the year
236 APPEAL AGAINST ORDER OF REMOVAL.

1810.” And it being objected to by the respondents for its
vagueness and uncertainty, the sessions refused to hear evidence
in support of it, and confirmed the order.

It was argued for the appellants, that although alleging that
an illegitimate child was born im or about the year 1833 would
be bad (as was decided in #. v. St. Paul’s, Covent Garden,
7 Q. B. 232), because the settlement in that case was altered
in 1884, yet a birth so long before that time as 1810, may
properly be alleged to have taken place in or about that time.
And of this opinion were the Court, who said that the respondents
might readily satisfy themselves of the fact by searching the
register for two or three years about the time alleged. Orders
quashed.

R. v. Recorder of Leeds, 2 Q. B. 547, 2.
Hiring and Service, how stated in Grounds of Appeal.

Upon a motion for a mandamus to the recorder of Leeds to
enter continuances and hear an appeal, it appeared that the
ground of appeal was “ that the pauper acquired a settlement in
your township of Leeds in or about the year 1820, by hiring
and serving with one Thomas Lancaster of Leeds aforesaid, then
a butcher, for a year, and that he served the said Thomas
Lancaster in Leeds aforesaid for four years or thereabouts, and
received 1s. per week during the whole of such term, and during
the whole of such term he resided and slept in the said township
of Leeds.” This was objected to in the first instance by the
respondents, on the ground that it did not state that the pauper
was unmarried and without child or children at the time of the
hiring; and the recorder decided that the ground was bad;
and without hearing evidence on either side, confirmed the
order.

The Court, after argument, held that the recorder was right ;
that the ground of appeal was clearly bad for the defect objected
to. Rule discharged, with costs.
APPEAL AGAINST ORDER OF REMOVAL. 237

R.v. Aston near Birmingham, 12 Q. B. 26; 19 Law J.17, m.;
14 J. P. 208.

Apprenticeship, how traversed in Grounds of Appeal.

Upon appeal against order of removal of John Rollinson, the
sessions confirmed the order, subject to a case. The examina-
tion stated a settlement by apprenticeship under an indenture
executed in 1804; and the ground of appeal stated that the
pauper was not “in the year 1834” legally apprenticed, &c.
From the variance in the years, the sessions held that this was
no traverse of the apprenticeship, and confirmed the order.

The Court, however, after argument, held this to be a sufficient
traverse of the apprenticeship; the mistake of 1834 for 1804
could not have misled the respondents ; and rejecting that, there
was a sufficient traverse.

The Court also held, that this was a question which the
sessions might properly submit to them for their opinion.

R.v. Rhyddlan, 14 Q. B. 827; 14 J. P. 368.

Settlement by Estate, how stated in Grounds of Appeal.

Upon appeal against an order, the sessions quashed it, subject
toacase. The ground of appeal stated that for more than
forty days previously to the order, and from thence up to the
time of the order, the mother of the pauper was “ legally entitled
to and in possession of a certain freehold tenement, situated in
the said parish of Rhyddlan,” and was therefore settled there ;
and that the pauper being unemancipated, derived that settle-
ment from the mother. Under this ground of appeal the appel-.
lants proceeded to prove a purchase of the estate by the mother ;
which, however, the respondents objected to, as the ground was
not sufficiently specific to admit of it; but the sessions being of
a different opinion, quashed the order.

The Court, after argument, held that the ground of appeal
was insufficient to let in this evidence. In every other case of
settlement, every circumstance necessary to constitute the
settlement must be stated, and the same should have been done
238 APPEAL AGAINST ORDER OF REMOVAL.

in this case; the present ground of appeal did not even state
whether the estate was acquired by purchase or by act of law.
Order of sessions quashed.

R.v. St. Olave’s, Southwark, 5 Q. B. 912; 8 J. P. 759.

Settlement by payment of Rates, how stated in Grounds of Appeal.

_ Upon appeal against an order of removal, the sessions quashed
the order, subject to a case. The appellants set up a settlement
by payment of rates, in a third parish; and their ground of
appeal stated that in 1821 the pauper became tenant of a
house in Fore-street in the parish of St. Clement, in the borough
of Ipswich, and hired the same of a Mr. Garrard at arent of £15
a year, and occupied and resided therein for upwards of seven.
months, and “ paid one or more of the parochial rates or taxes in
respect of the said house,” and thereby gained a settlement in
the said parish. The question was, whether this ground of
appeal was sufficient.

The Court, after argument, held that it was not, as it did not
state that the pauper had been rated. Order of sessions
quashed.

RB. v. Ripon,? Q. B. 225; 14 Law J. 102, m.; 9 J. P.617.

Settlement by payment of Rates, since 6 G. 4, c. 57, how stated in
Grounds of Appeal.

Upon appeal against an order of removal, the sessions
confirmed the order, subject toa case. The question was as to
the sufficiency of a ground of appeal. The ground stated that
the pauper in 1836 “ was duly rated and charged with his share
towards the poor rates of and for the township of Holbeck,”
“ for and in respect of a tenement, to wit, a tenement consisting’
of two dwelling-houses situated in the said township, of the
value of £10, and held and rented by him of one Charles
Crossland for the term of one whole year, at and for the rent
of £14, 5s.; and which said tenement was duly occupied for the
APPEAL AGAINST ORDER OF REMOVAL. 239

said year under the said yearly hiring, and the said rent duly
paid, and the said pauper duly paid the said rates for and in
respect of the said tenement and during the whole of the said
year, and for forty days after the payment of the said rates,
resided in the said township of Holbeck.

The Court, after argument, held that this ground of appeal,
being for a rating after the passing of stat. 6 G. 4, c. 57, was
bad, for not showing that the tenement consisted of a separate
and distinct dwelling-house, either in words, or by facts showing
that it was so. Order of sessions confirmed.

R.v. Bedirigham, 5 Q. B. 653; 18 Law J.75,m.; 8 J. P. 660.

In what Cases Relief may be explained, by showing that it was given by

mistake.

The examinations set up a settlement by hiring and service
with J. S., and also stated several instances of relief given by
the appellant parish to the pauper and his family; and the
appellants stated in their grounds of appeal that the pauper
never acquired a settlement in their parish by hiring and service
with J.S. or by any other means. The respondents at the trial
of the appeal gave no evidence of the actual settlement, but
merely proved the relief given. The Court held that under this
ground of appeal, the appellants were at liberty to show that
they had given relief under a mistaken impression that the
pauper had gained a settlement by hiring and service.

R.v. Rothwell,? Q. B. 574, n.3 9 J. P. 714.

Derivative Settlement, how stated in Grounds of Appeal.

Upon appeal against an order of removal, the sessions quashed
the order, subject to a case. The question was as to the suffi-
ciency of a ground of appeal. The ground stated a settlement
gained by the pauper’s grandfather in the respondent parish,
and that after he had so gained the settlement, his son (the
pauper’s father)” was an unemancipated member of his said
father’s-family. It then stated that neither the pauper nor his
240 APPEAL.—ABANDONMENT OF.

father ever gained a settlement in their own right. It was
contended that the circumstances constituting the emancipation
such as the age, place of residence, &c., ought to have been
stated.

The Court, after argument, held that it was unnecessary to
show the circumstances which rendered the party unemancipated;
emancipation was a term well understood, and no doubt the
respondents understood it in this ground of appeal.

AppEaL. (Abandonment of.)
R. v. Over, 14 Q. B.425; 14 J. P. 176.

Costs, upon Abandonment.

Appellants against an order of removal, after giving notice
of appeal and entering and respiting it, but before serving the
grounds of appeal, gave notice of abandonment; but refusing to
pay the costs, the respondents informed the appellants that they
therefore considered the appeal as still pending, and should go
to the sessions prepared to try. They went to the sessions
accordingly, and, in the absence of the appellants, the sessions
confirmed the order and awarded costs. The order of sessions
being brought up by certiorari, and a motion made to quash it,
the Court, after argument, held that the appeal being entered and
respited, the sessions had authority to dismiss it and make the
order for costs; and that their having confirmed the order, instead
of dismissing the appeal, although an excess of authority, yet
as the costs would have been the same whether the appeal was
dismissed or the order confirmed, there was no necessity to quash
the order. Rule discharged.

APPEAL. (Hvidence.)
R.v. Vickery, 17 Law J. 129, m.; 12 J. P. 487.

Duty of Witness, served with a Crown Office Subpcena.
Vickery was an overseer of the poor, and a rated parishioner
of the parish of Raddington ; and on an application for an order-
for removal of a pauper from the parish of Stawley to Radding-
APPEAL,—EVIDENCE. 241

ton, he was served with a Crown Office subpena, to give
evidence on the part of Stawley. He attended accordingly
before the magistrates; and the usual oath being tendered to.
him by one of the magistrates, he refused to take it in that’
form, but said that he was willing to be sworn to answer all
such questions as should be asked of him, with the exception of
such as the law would exempt him from answering relative to
the settlement of the pauper, meaning thereby that he was not
to be asked to answer questions which might tend to establish
a settlement of the pauper in his parish of Raddington. This
the magistrate refused ; and a rule nisi for an attachment was
obtained against Vickery, for not obeying the subpana.

After cause shown, the Court said that the defendant’s ob-
jection to be sworn, was very disgraceful ; it amounted to this,
that his duty of overseer was to relieve him from telling the
whole truth, if the truth was not in his favour. But the stat.
54 G. 3, c. 170, made rated inhabitants competent; and by
stat. 3 & 4 Vict. c. 26, no churchwarden or overseer shall be
disabled from giving evidence on any trial or appeal, by reason
of his being a party. The effect of this latter statute was, to
make Vickery compellable to answer. Rule absolute.

R. v. Orton, 7 Q. B. 120; 9 J. P.520.
Justice’s Summons to Witness, its effect.

Upon appeal against an order for the removal of Robert
Pickthall, his wife and children, from Burrow-with-Burrow to
Orton, the sessions confirmed the order, subject to a case. The
pauper gave evidence of his having in 1887 hired and rented a
farm in the parish of Orton for two years, at a rent of £36 a
year, and paid rent, poor rates, &c. In order to prove the
rating, a justice’s summons was proved to have been served on
one of the overseers of the poor of Orton to produce the rate
books; but he did not appear at the hearing. A witness then
proved that he had seen the pauper’s name in the poor rate
book for 1840 for this farm. The question was, whether the
respondents were at liberty to give this evidence of the rating. .

R
249 APPEAL —EVIDENCE.

The Court, after argument, held that the justices had no
power to enforce obedience to a summons of this kind; there
are means by which a person in possession of documents may
be compelled to produce them, and such means ought to have
been resorted to. Order of sessions quashed.

R. v. Lianfaethly, 23 Law J. 38, m.; 8 J. P18.

Ifa Witness, attending on a Subpaena duces tecum to produce a Rate Book,
refuse to produce it, secondary Evidence cannot be given of its contents.

_ Upon appeal against an order for the removal of William
Hughes, his wife and children, from Llanelian to Llanfaethly,
the sessions confirmed the order, subject to a case. The pauper
proved that in 1888 he rented of J. Grey a house and land in a
third parish, at the rent of £14 from year to year, and occupied
it for three years, paid his rent, and was rated and paid the
rates. The churchwardens and overseers of this third parish
were served with subpeenas duces tecum to produce the rate
books, but although they attended, they did not-produce them ;
then parol evidence was given of the rating. The question
was, whether this parol evidence was properly received.

The Court, after argument, held that it was not. In this
case the third parish was no party to the appeal; if indeed it
had been a party, a swbpena duces tecwm to the overseers, or
even a notice to produce, if disobeyed, would have let in
secondary evidence of the rate books; but here the witnesses
were merely punishable for their contempt in not obeying the
subpena. Order of sessions confirmed.

R. v. Saffron Hill, Hatton Garden, and Ely Rents,
12. § B.98; 22 Law J. 22, m.

What search for a Document, sufficient to let in secondary Evidence.

Upon appeal against an order, adjudging the settlement of
Mary Gillott to be in Saffron Hill, &c. the sessions confirmed
it, subject to a case. After proof of a primé facie case by the
respondents, the appellants proved that the pauper’s husband
rented a tenement in St. Mary-le-bone of one Ponsford, under a
APPEAL,—EVIDENCE. 248

written agreement, which was drawn by Ponsford’s clerk, and
remained in Ponsford’s possession. A witness proved his going
to Ponsford, and asking him if there was such an agreement ;
and Ponsford said, “I cannot say for a certainty, but I will
search.” He then desired his clerk to search, and he searched the,
office, but could not find it. The sessions held this search to have
been insufficient, and said that Ponsford should have been called.

The Court, after argument, held that the order of sessions
ought to be confirmed. If there were proof that the office was
the proper place of deposit for the agreement, the evidence of
the search would have been sufficient; but here there was no
such evidence, and possibly Ponsford’s house might be the
proper place to search for it. Order confirmed.

R. v. Worth, 4 Q. B. 182; 12 Law J. 47, m.; 7 J. P. 287.

Memorandum of a deceased Master of the hiring of a Servant, when
admissible in Evidence to disprove a Settlement, when not.

Upon an appeal against an order for the removal of Wm.
Worsell from Worth to the parish of Horne, the respondents
proved a settlement of the pauper by hiring and service in
Horne, which was admitted by the appellants. The appellants
then proved by the pauper and his father a subsequent hiring
and service for a year with a farmer named Stone in the parish
of Worth. And Worth, in order to rebut this evidence (Stone
being dead), called his daughter as a witness, who proved that
her father hired the servants, and kept a book in which he
entered the time and terms of hiring. This book she produced,
and proved the following entries in her father’s writing :—
«‘ April 4th, 1824, W. Worsell came, and to have for the half-
year 40s.; September 29th, paid this £2.” “ October 27th ditto
came again, and to have 1s. per week; to March 25th 1826, is
twenty-one weeks two days, £1 1s. 6d.” “25th paid this.”
And the question was, were these memoranda admissible in
evidence, to disprove the second settlement.

The Court held that they were not. To be admissible, they
must be either against the interest of the party who made them,

R2
244 APPEAL.—EVIDENCE.

or that they were made in performance of some duty for which
he was responsible. Now these do not constitute the contract.
itself, for it is not signed by either of the parties; they fixed
the writer with no: liability, as they did not state that the
services referred to had been performed; and they were clearly
not made in the performance of any duty.

R. v. Wigan, 14 Q. B. 287; 19 Law J.18, m.; 14 J. P, 37.
Proof of Relief in a Union.

Upon appeal against an order for the removal of Mary
Bamber from Leyland to Wigan, the sessions confirmed the
order, subject to a case. To prove relief given by Wigan to
the pauper whilst residing in Leyland, the respondents gave in
evidence a letter from the clerk of the guardians in the Wigan
Union, to the guardians of the Chorley Union (in which
Leyland is comprised), requesting that he would, through the
relieving officer, relieve Mary Bamber, stating the amount
weekly, and for what time, and stating that she was settled in
Wigan, and she was relieved accordingly. The question was,
whether this was evidence of relief by the parish of Wigan.

The Court, after argument, held that it was. If the guar-
dians of a union, proceeding in a regular course, order relief to
be given to a pauper on account of a particular parish in the
union, and it is given, these facts together are evidence against
the parish. The regularity of the proceeding was sufficiently
shown, if the clerk were agent to the guardians in this respect ;
and the nature and subject of the communication were alone
sufficient to raise the inference of agency. Order of sessions
confirmed.

R. v. JJ. of Staffordshire, 16 Law J. 58, m.; 11 J. P. 459.

Proof of identity, when necessary,

Upon appeal against an order for the removal of Mary Salt,
widow, and her children, from Leek to Cauldon, the sessions
APPEAL.—EVIDENCE BY CERTIFICATE. 245

quashed the order, subject to a case. Mary Salt proved that
she was the widow of Adam Salt,-late of Leek, and that he was
born at Cauldon, of parents legally settled there, as she had
been informed and believed. John Salt proved that he was
the elder brother of Adam Salt, and that the latter was born at
Cauldon. The appellants objected that there was no evidence
proving that the Adam Salt who was married to the pauper,
was the same Adam Salt who was brother of John. And of
this opinion were the sessions, and they quashed the order.
The respondents then applied to the Bail Court for a mandamus
to the sessions, to enter continuances and hear the appeal.
But L£rie, J., after argument, said the sessions had heard the
case, and had decided upon the very point made at the sessions,
and he could not therefore send the case back to them. Rule
discharged.

AppEAL. (Lvidence, by Certificate.)

R.v. Basingstoke, 14 Q. B. 611; 14/7. P. 75.
Secondary Evidence of a Certificate.

Upon appeal against an order for the removal of Stephen
Oliver, his wife and children from Basingstoke to Wooton
St. Lawrence, the sessions quashed the order, subject to a case.
The pauper was the illegitimate son of Harriet Shepherd, and
was born at Church Oakley. She had gained a settlement in
1815, in Wooton St. Lawrence, and afterwards, whilst residing
in Church Oakley, she became pregnant of the pauper, and the
overseers threatened to have her removed, unless she procured
a certificate from Wooton St. Lawrence, acknowledging her
to belong to that parish; and she understood that such certi-
ficate was granted. She continued to reside with her mother
in Church Oakley; and before her confinement, the officer of
Wooton St. Lawrence took her before a magistrate and she
was sworn as to the father of the child; and at the time of her
246 APPEAL.— EVIDENCE OF RELIEF, ETC.

confinement, the same officers gave her £8 as relief, and after-
wards gave relief for the child for six years whilst living in
Church Oakley.

The Court, after argument, held that the acts of the over-
seers of Wooton St. Lawrence were tantamount to an admission
that there was such a certificate. If they had admitted this by
words, it would have been sufficient evidence of it, without
producing it; and not as secondary evidence merely, but as an
admission of the fact. And in this case the facts proved are
such as to make the conduct of the overseers inconsistent within
any other state of facts. Order of sessions quashed.

AppEaL, (Hvidence of Relief and Chargeability.)

R. v. St. Giles-in-the- Fields, 5 Q. B. 872; 18 Law J:89,m.;
8 J. P. 692.

Relief, its effect as an Admission of Settlement.

An order of removal was confirmed upon appeal, subject to a
special case, which stated that the pauper, being resident in
St. Giles’s, and chargeable to that parish, was relieved by the
parish officers there on several occasions, and at last they sent
him to Islington, to one Perry, a contractor for the mainten-
ance of paupers of other parishes, where he was maintained for
some time at the expense of the parish of St. Giles; and
shortly after leaving that, upon his becoming chargeable to
St. Giles’s again, they sent him to the Surrey Asylum, another
establishment of the same kind, where he was maintained for
some time at the expense of St. Giles’s. Upon appeal against
an order for his removal from Ashton-under-Line to St. Giles’s,
the respondents relied upon the relief given to the pauper by
the parish of St. Giles, whilst he was so residing in Islington and
Surrey; but the appellants argued that although those places
were locally situate out of the parish of St. Giles, yet they
must, as respects the settlement of each pauper maintained
APPEAL.—EVIDENCE OF RELIEF, BTC. 247

there, be considered as integral parts of the parish by which
the maintenance was defrayed; and relief by the pamsh of
St. Giles, given to the pauper whilst residing there, would of
course be no admission of settlement. The sessions, however,
confirmed the order, subject to a case. After argument, the
Court held that the decision of the sessions was wrong.
Parishes were bound to relieve strangers becoming chargeable
to them, as casual poor, and the law allows them to do so
without the fear of thereby establishing a settlement, for
otherwise the pauper might die for want of relief; and the
present case was exactly like that of relief given within the
parish,

R. v. Hartpury, 8 Q. B. 566; 11 J. P. 388.

Evidence of Relief, what sufficient.

Upon appeal against an order of removal, the sessions
confirmed it, subject to a case. The mother of the paupers
was examined, and stated that after her husband’s death, whilst
she resided in the parish of Newland, she received monthly
relief from the parish of Hartpury for six months; and also,
she and her children were maintained in the workhouse of the
Newent Union (in which the parish of Hartpury was comprised)
at the expense of the parish of Hartpury. And another
witness proved that he conveyed the widow and her children
from Newland, with a paper, and delivered them to the
overseer of Hatpury, and left them there. ‘This was
objected to by the appellants as insufficient; the order for the
removal ought to be produced and proved, and the relief out
of the workhouse should be proved to have been given by an
overseer of Hartpury, or out of the parish funds.

The Court, after argument held that this evidence was
sufficient proof of relief by Hartpury. No one could doubt
the obvious purport of the evidence; in fact they had some
difficulty in ascertaining where the objection lay. Order of
sessions confirmed.
248 APPEAL,—EVIDENCE OF RELIEF, ‘ETC.

R.v. Bradford, 8 Q. B. 571, n.; 18 Law J.117, m.;
10 J. P. 875.

Evidence of Relief, what sufficient.

Upon appeal against an order for the removal of Thomas
Barnett from Steeple Acton to Bradford, the sessions confirmed
the order, subject to a case. The relieving officer of the
Westbury and Whorwellsdown Union, for that part of it in
which the township of Steeple Acton was situate, proved that
he had given the pauper and his wife weekly relief for upwards
of a year then last past, on account of the township of Steeple
Acton, out of money in his hands belonging to the said township.

It was argued that this was no evidenc of relief given by the
township of Steeple Acton. The relieving officer was the officer
of the guardians of the union, and not of the township; and
there was no evidence to prove that he had any authority from
the township to pay the money. The Court held the objection
good, and that it must prevail. Order of sessions quashed.

R. v. Little Marlom, 10 Q. B. 223; 16 Law J. 70, m.;
11 J. P. 183.

Evidence of Relief, what sufficient.

Upon appeal against an order for the removal of Helen
Reeves, widow, and her children from Little Marlow to
Wooburn, the sessions quashed the order, subject to a case.
Both of these parishes are in the Wycombe Union. The reliev-
ing officer of ‘the union proved that about four years since,
when the pauper’s husband was alive, and both were residing
in Little Marlow, the pauper applied to him when he was
relieving the poor in Wooburn, for relief for her husband who
was ill, as Wooburn was his place of settlement; he gave her
relief on account of Wooburn, and arranged to give it to
her thereafter at Little: Marlow, when he should be relieving
the poor at that place; and that he continued giving her relief
until and after the death of her husband, and charged it to the
parish of Wooburn, until the last twelve months, when he
APPEAL.—EVIDENCE OF RELIEF, ETC. 249

received orders from the board of guardians to charge the relief
to Little Marlow. The question was, whether this evidence was
sufficient to prove the settlement of the paupers to be in Wooburn.

The Court, after argument, held that this was not evidence
of relief by Wooburn. If indeed the relieving officer were the
agent of the’parish, or if the fact of relief were brought within
the knowledge of the overseers of Wooburn, the evidence would
be proof of relief by that parish. But there was no evidence to
that effect. Order of sessions confirmed.

AR. v. Pott Shrigley, 12 Q. B. 148; 18 Law J. 38, m.;
12 J. P. 788.

Evidence of Chargeability, what sufficient.

Upon appeal against an order for the removal of Sarah
Crompton and her children from Pott Shrigley to Tildesley-
cum-Shackerly, the sessions quashed the order, subject to a
case. The question was whether the evidence sufficiently proved
the pauper’s chargeability to Pott Shrigley. The relieving officer
for the Maulesfield Union, in which Pott Shrigley was comprised,
proved that in August 1846, the pauper, who was then living
in Pott Shrigley, applied to him for relief, and the overseer of
that township requested him to give it; that he relieved her
accordingly, and reported the same to the guardians, who
ordered the relief to be continued for a month, and it was so,
and he charged it to Pott Shrigley. He also produced the
book of the guardians, in which all this appeared.

The Court, after argument, held that the proof of relief was
sufficient. Order of sessions quashed.

R. v. Crondall, 10 Q. B. 812; 16 Law J. 175. m.;
11 J. P. 486.
Evidence of Relief, what sufficient.

Upon appeal against an order for the removal of Martha
Croucher and her. children from Elstead to Crondall, the
sessions confirmed the order, subject to a case. The pauper
proved that whilst she resided in Elstead, she applied to the
250 APPEAL,—EVIDENCE OF RELIEF, ETC.

overseers of Crondall for relief, who told her that she must
apply to the overseers of Elstead, where she-lived, and they
would settle it with that parish. She accordingly applied
several times to the overseers of Elstead, for relief, and they
gave it. The relieving officer of Hartley Wintney Union,
in which Crondall was comprised, then proved that an overseer
of Elstead applied to him for repayment of £2. 28. 9d.
which he had given as relief tothe pauper and her children ;
that he accordingly reported this to the guardians ofthe union,
and they ordered payment of it, and it was paid accordingly.
The book of the guardians was also produced, which accorded
with this statement; and the evidence of the officer who gave the
relief in Elstead, and of the clerk of the union, confirmed it.
The Court held the evidence to be sufficient to prove the
relief. Crondall was represented at the board of guardians by
the guardian elected for it; and as the guardians ordered the
relief, Crondall was bound by the order. Order confirmed.

R.v. Bedingham,5 Q.B. 658; 18 Law J. 75, m. 38 J. P. 660

Admission of Settlment by Relief, may be rebutted by showing that it was
given under a mistake.

The examinations on which an order of removal was granted,
stated a hiring for a year and service by the pauper in the
parish of Earsham, and several subsequent instances of
Earsham giving him relief whilst he was residing in the parish
of Bedingham, and also giving portions of some money dis-
tributed from a parish charity of Harsham to persons belonging
to Earsham. One of the grounds of appeal was, that the
pauper never gained a settlement in EHarsham by hiring and
service, or by any other means. At the trial of the appeal,
the respondents gave no evidence of the settlement by hiring
and service, but they proved relief given to the pauper from
time to time during 20 years by Earsham, whilst he was
residing in Bedingham. The appellants then. called on the
Court to allow them to show that they had given the relief
under a mistaken idea that the pauper had gained a settlement
APPEAL,—EVIDENCE OF ORDER, ETC. ~ 251

by hiring and service in Earsham, which, though objected to
by the respondents, the sessions allowed; and the appellants
thereupon called the pauper, who proved that seven or eight
years before the present order, he was examined before justices
at the petty sessions, on the application of, and whilst residing
in, the appellant parish, but the justices refused to make an
order, and that since that he had been relieved, several times
by the respondent parish, whilst residing in it. The sessions
accordingly quashed the order, subject to a special case as to
whether they had properly admitted the evidence objected to.

The Court held that the evidence was properly admitted; the
relief might have been given under circumstances which
prevented it from furnishing evidence of a settlement, and it
was competent to the appellants to explain the relief given,
under a notice denying the settlement.

ApprEaL. (Hvidence of Order unappealed against.)

R. v. Hartington-middle- Quarter, 4 E. § B. 780 ;
24 Lam J. 98, m.; 19 J. P.150.

Order removing two Children, unemancipated, if unappealed against, is
Evidence of the Mother’s Settlement.

Upon appeal against an order, dated in 1854, adjudicating
the settlement of Esther Gould to be in the township of
Hartington-middle-Quarter, the sessions confirmed the order,
subject to a case. Esther Gould was a lunatic, and had been
confined in an asylum since 1848. In 1849, two of her children,
by her husband Wm. Gould, one aged eleven years, and the
other five, becoming chargeable to the township of Levenshulme,
were removed by order to Hartington-middle-Quarter, which
adjudged that to be the place of their last legal settlement,
which order was unappealed against. The sessions on the trial
of the appeal were of opinion that the settlement of both the
mother and children were in a third township, but that the
appellants were concluded by the order removing the children,
and the removal under it. And this was the question reserved
for the opinion of the Court.
252 APPEAL.—EVIDENCE OF ORDER, ETC.

The Court, after argument, held that Hartington-middle-
Quarter were concluded by the order of 1849. The settlement,
of the children depended on the settlement of the father, and
that of the mother depended on the same, so that in both cases
the adjudication was on the father’s settlement in the appellant
parish, for there was no evidence of his having gained any other
settlement since the date of the first order. Order of sessions
confirmed.

R. v. Dukinfield, 11 Q. B.678; 17 Law J. 118, m.;
: 12 J. P. 280.

Proof of Order unappealed against.

Upon appeal against an order, dated in 1845, for the removal
of two children of Wm. Smith, deceased, from Stockport to
Dukinfield, the sessions confirmed the order, subject to a case.
Smith himself had been removed by an order in 1826, from the
respondent to the appellant parish; and for traversing the
service of that order and the removal under it, it was proved
that in 1826, the then assistant overseer for Stockport, employed
one Green (since dead) to remove Smith to Dukinfield, and
upon his return, Green indorsed upon the order “ Delivered to
Mr. Woolley, overseer of Dukinfield, June 28, 1826, by
Thomas Green.” There had been no appeal against it. The
appellants contended that this was no evidence of the removal,
and service of the order. They also contended that the respon-
dents were concluded by a former order for the removal of the
same paupers, which had been appealed against and quashed.
It appeared, however, from the entry in the book of the sessions,
that it was quashed by the consent of both the appellants and
respondents “ by reason of the informality and insufficiency of
the examinations on which the order was made; and the
sessions held that it did not conclude the respondents.

The Court, after argument, held that there was sufficient
evidence to raise a presumption that the order for the removal
of Smith had been properly executed, and it was therefore for the
sessions to decide on the weight it was entitled to. As to the
APPEAL.—EVIDENCE OF ORDER, ETC. 253

reception of Green’s indorsement in evidence, it was an act
done in the course and exercise of his duty, and after his death
was properly receivable.

As to the former removal, where the order was quashed, it
was for the sessions to decide, from a consideration of the
circumstances, whether it was a decision upon the merits or not,
and as they had decided, the Court would not interfere with
their decision. Orders confirmed.

R. v. Sow, 4 Q. B. 93; 12 Law J. 88, m.3 7 J. P. 272.

Former Order for the Removal of the Pauper’s Brother, unappealed against,
with the Examinations sent with it, admissible Evidence of the Pauper’s
Settlement.

Upon an appeal against an order for the removal of Frederick
Benton, his wife and children, from St. Mary, Warwick, to
Sow, the order was confirmed, subject to a special case, which
stated, that in 1885, Samuel, his brother, together with his
wife and family, were removed from St. Mary’s to Sow, under an
order which had not been appealed against, and with the order
was sent a copy of the depositions on which it was granted,
which proved a settlement of their father-in-law by hiring and
service. There was no other evidence of Frederick’s settlement,
but he never gained one in his own right. The question was,
whether this was legal evidence, and admissible in proof of
Frederick’s settlement.

For the respondents it was argued, that the service of the
examinations with the order on the overseers of Sow, and their
not appealing, was an implied admission by them of the settle-
ment of the father, and admissible evidence in this case of the
settlement of Frederick. ‘For the appellants it was answered,
that although the order unappealed against was an admission of
the settlement of the brother Samuel, it was no admission what-
ever of the truth of what was stated in the examinations.

The Court held the evidence to be admissible; it was slight
evidence of Frederick’s settlement, but it tended to prove it,
and was therefore admissible.
254 APPEAL —EVIDENCE OF ORDER, ETC.

R.v. Brighthelmstone,7 Q. B. 549; 9 J. P. 699.

Order of Removal of a Father, unappealed against, conclusive Evidence of the
Settlement of his Son, :

Upon appeal against an order for the removal of John Guile,
his wife and children, from Brighthelmstone to Little Hampton,
the sessions quashed the order, subject to a case. Thomas
Guile, the father of the pauper, when young, gained a settle-
ment in Little Hampton by apprenticeship, and never afterwards
gained any settlement in his own right, In 1819 he was
removed by order to Little Hampton, against which there was
no appeal, and he had 2s. a week paid to him by that parish
ever since, whilst residing in another parish. The pauper, his
legitimate son, was born in 1804, and never gained a settlement
in his own right; he was emancipated by marriage in 1823.
The question for the opinion of the Court was, whether the
facts here mentioned proved that the pauper derived the
settlement in Little Hampton from his father.

The Court, after argument, held that there was no doubt in
this case. The order for the removal of the father, unappealed
against, and the subsequent relief, were clearly evidence of the
son’s settlement, on which the justices were bound to act.

AppEaL, (Evidence of Order appealed against, and confirmed.)

R.v. Evenwood and Barony, 3 Q. B. 870; 12 Law J.101, m;
7 J. P. 626.

A former Order confirmed, upon hearing all the Evidence then adduced, is
conclusive as between the contesting Parishes, and as between them and
all others.

A special case stated that an order of removal was made on
the 16th December, 1841, for the removal of Margaret Robinson
and her five children from St. Helen’s, Auckland, to Middlestone,
and against this Middlestone appealed, assigning as the grounds
of appeal, first, that the pauper’s husband had not gained the
APPEAL.— EVIDENCE OF ORDER, ETC. 255

settlement mentioned; and secondly, if he did, he gained a
subsequent settlement by renting a tenement in the township
of Evenwood and Barony. Upon the trial of the appeal, the
appellants admitted the settlement set up by the respondents,
and were then proceeding to open the subsequent settlement in
Evenwood and Barony, but the respondents objected to their
ground of appeal upon the subject, that it did not state a resi-
dence in the township, and the sessions accordingly held it to
be bad, and confirmed the order, subject to a case for the opinion
of the Court. Instead of proceeding with the case, however,
Middlestone abandoned it, and on the 18th August, 1842,
obtained an order for the removal of the paupers from their
township to the township of Evenwood and Barony, against
which the latter appealed, and stated as one of their grounds of
appeal the former order confirmed, which was conclusive of the
settlement at that time, and that the paupers had gained no
settlement in the appellant township since; and at the trial ot
the appeal, the appellants insisted that the order of sessions,
although it stated specially the ground of the confirmation, was
conclusive of the settlement ; but the sessions, thinking that it
was not a decision on the merits, and that it was not therefore
conclusive, allowed the respondents to prove their case, and
ultimately decided in their favour, subject, however, to a case.
For the respondents it was argued, that as the first decision
was not on the merits, but on account of a mere defect in the
grounds of appeal, it did not prevent them from removing to
the appellant parish. But the Court held that it was a decision
on the merits, as the sessions had heard all the evidence that
the parties could legally adduce. If, indeed, legal evidence
had been improperly rejected, or either party improperly
excluded from a hearing, it would be otherwise; but if they
reject only what ought not to be admitted, the party who
has failed to produce admissible matter cannot say that the deci-
sion was therefore not upon the merits. The Court, therefore,
held that the former order, confirmed, was conclusive, not only
as between the original parishes, but as between them and all

others.
256 APPEAL.—EVIDENCE OF ORDER, ETC.

R. v. Macclesfield, 18 Q. B. 881; 19 Law J. 38, m.;
13 J. P. 635.

Order confirmed, because Grounds of Appeal not served in time, not
° conclusive.

Upon appeal against an order of removal, the sessions quashed
it, subject to a case. The order, notice of chargeability, &.,
were duly served on the appellants in May 1846, and on the
15th June the appellants served notice and grounds of appeal.
The next sessions commenced on the 29th June; and when the
appeal was called on, the respondents objected that the grounds
of appeal had not been served fourteen clear days before the
sessions. The sessions, therefore, confirmed the order, making
this minute in their book, “ Order confirmed, not on the merits,
no due notice having been given.” On the 3rd July the paupers
were removed, and on the 23rd September fresh notice and
grounds of appeal, against the same order, were given. When
the appeal was called on, the respondents contended that as
the sessions had already confirmed the order, they had no
jurisdiction to try this second appeal. But the sessions being of
a different opinion, quashed the order. The question submitted
was, whether the sessions had jurisdiction to hear this latter
appeal.

The Court, after argument, held that they had. The first
was mer€ly an attempt to appeal, which was abortive; and this
did not deprive the appellants of their right to appeal, which
they exercised on the second occasion. As to the entry in the
book of the sessions, it showed that the appellants were not
heard, and had no right to be heard. Order of sessions
confirmed.

APPEAL. (Lvidence of Order appealed against and quashed.)
Heston v. St. Bride, 22 Law J. 65, m.; 17 J. P. 408.
Order quashed on the merits, conclusive.

Upon appeal against an order, adjudicating the settlement of
W. Tanner to be in the parish of Horton. A case, by consent,
APPEAL.—EVIDENCE OF ORDER, ETC. 257

was stated for the opinion of the Court of Queen’s Bench. A
former order, dated the 7th February 1852, for the removal of
Harriet Tanner, the wife, and of the children of W. Tanner (who
was a lunatic, and in an asylum), from St. Bride’s to Heston,
the ground of removal being that Tanner was born in Heston
in 1804. This order was appealed against, Heston, by their
grounds of appeal, denying the birth settlement, and setting
up a settlement of Tanner by hiring and service in Isleworth
in 1822. This latter settlement they proved, and the order was
quashed.

_ In May 1852, St. Bride’s obtained an order of maintenance
of the lunatic on Isleworth, which adjudicated his settlement to
be in that parish. Against this Isleworth appealed, and at the
hearing, admitting the hiring and service in their parish in 1822,
set up a later settlement gained by Tanner in Heston in 1881,
and proved it; and the order was quashed.

In October 1852, St. Bride’s obtained the present order on
Heston, adjudicating his settlement to be in that parish,
acquired by the hiring and service in 1831; against which
Heston appealed. And the question was, whether St. Bride’s
was estopped by the former appeal.

The Court, after argument, held that they were. The
judgment in the former appeal estopped St. Bride’s from saying
that at the time when that adjudication took place, the husband
of Harriet Tanner was settled in Heston. The judgment of the
sessions in the former case was on the merits, and the present
case involved the same question, namely, the settlement of
Tanner in 1852. Judgment for the appellants.

Rv. Great Bolton,? Q. B. 887 ; 14 Law J.142, m.;
9 J. P. 536.

Order quashed for Informality in the Copy served, not conclusive,
Upon appeal against an order for the removal of Ann
Higginson from Great Bolton to Bradshaw, the sessions
quashed the order, subject to an appeal. In August 1843 an
order was made for the pauper’s removal to Bradshaw, which
was appealed against, and at the hearing it was objected that.

s
258 APPEAL.—EVIDENCE OF ORDER, ETC.

the copy of the order sent with the notice of chargeability
omitted the names of the justices; and the sessions on that
ground quashed the order, subject to a case; but the case was
not drawn up or proceeded in. The pauper continuing to be
chargeable, Great Bolton, in February 1844, obtained the
present order for her removal to Bradshaw, which was again
appealed against, on the ground that as a case was granted,
the respondents could. not proceed upon a fresh order until the
case was decided by the Court of Queen’s Bench. The sessions,
being of opinion that the former order, being quashed, was
conclusive, quashed the second order. The question was,
whether the judgment in the first appeal was conclusive.

The Court, after argument, held that it was not. The rule
upon the subject was, that where the settlement is not in
question and adjudicated upon in the first case, the fact of the
order being quashed is not conclusive. And as to the respon-
dents having obtained leave to state a case, it was a benefit to
them which they might forego. Order of sessions quashed.

R. v. Landkey, 9 Q. B. 905; 16 Law J. 81,m.; 11 J. P. 440.

Former Order quashed when not conclusive, Evidence being given that it
was not quashed on the Merits.

Upon appeal against an order for the removal of a widow
and her children from Roborough to Landkey, the sessions
confirmed the order, subject to:a case. A former order for the
removal of the paupers was entered and respited, and the
respondents gave the appellants notice that they abandoned
their order, and that they should attend at the next sessions,
merely for the purpose of having it quashed, and obtaining a
special entry “that the said order was quashed, not upon the
merits,” and also undertook to pay costs. They accordingly
applied for such entry at the next sessions, but were opposed
by the appellants; and the only entry the sessions would make
was, “order quashed without any special entry, as the Court
have no evidence before them to enable them to make such
special entry.” Another order being obtained, Landkey
APPEAL—EVIDENCE OF ORDER, ETC. 259

appealed against it on the ground that the order for quashing
the former order was conclusive; and at the hearing, the
respondents gave evidence showing that the former order was
not quashed on the merits ; and the Court being of that opinion,
confirmed the order, subject to a case, as above mentioned.

The Court, after argument, held that the sessions were right,
as the evidence showed that the first order was not quashed on
the merits. Giving notice of abandonment, when: a parish
finds that it cannot support its order, is a very beneficial prac-
tice, and, upon payment of costs, puts both parties in the same
situation as if the order had not been made. Order of sessions
confirmed.

R. v. Droitwich, 9 YQ. B. 886; 11 J. P- 53.
Evidence receivable as to the ground on which an Order was quashed.

Upon appeal against an order, dated in April, 1841, adjudi-
cating the settlement of a lunatic, the sessions quashed the
order, subject to a case. A former order, in 1841, adjudged
the settlement to be in the parish of St. Andrew; and against
this St. Andrew’s appealed. The respondents then sent notice
to St. Andrew’s that they abandoned their appeal; and both
parties attended at the sessions, when the order was quashed
generally, with 40s. costs. In September 1841 another order
was made, also adjudging the settlement to be in St. Andrew’s,
and St. Andrew’s again appealed, and at the hearing contended
that the quashing of the: former order generally was conclusive
between the parties. The sessions, however, received parol
evidence as to the grounds of abandoning and quashing the
appeal; and as it appeared to them that it was for defects in
point of form and not on the merits, they proceeded to hear the
appeal, and confirmed the order, subject to a case. The case
was argued, and because the order directed the money expended
in maintenance, &c., to be repaid to the overseer of the respon-
dent parish instead of the treasurer of the county, the Court
quashed the order of sessions. Afterwards a third order was
obtained, adjudicating in like manner the settlement to be in

s2
260 APPEAL—EVIDENCE OF ORDER, ETC.

the parish of St. Andrew; and against this St. Andrew’s again
appealed ; and at the hearing contended that the judgment of
the Court of Queen’s Bench, quashing the order of sessions in
the former case, was, under the circumstances, conclusive
between the parties. Of this opinion were the sessions, and
they quashed the order, subject to a case, as above mentioned.

The Court, after argument, held that it was quite clear that
the quashing of the order of September 1841 was not conclu-
sive: this Court ordered it to be quashed, on-the particular
ground stated in the judgment, which did not affect the merits.
Order of sessions quashed.

R. v. Wellingborough, 8 Q. B. 123; 15 Law J. 20, m.;
10 J. P. 40.

After the Sessions have quashed an Order for a defect in Form, the Court
will not compel them to rehear it.

Upon a rule for a mandamus to justices at sessions to enter
continuances and hear an appeal, it appeared that upon an
appeal against an order of removal coming on to be heard, the
respondents admitted that their examinations were defective, as
not containing evidence of chargeability, and which defect was
pointed out by one of the grounds of appeal. The appellants
thereupon offered to waive the objection, and applied to have
the appeal heard on its merits; but the sessions quashed the
order at the request of the respondents, with a special entry
“ for want of proof of chargeability in the examinations.” This
application was to compel the sessions to proceed and hear the
appeal. But the Court refused it, Lord Denman, C. J., saying,
that if appellants will raise these technical objections, they
must at least take the consequences of having them decided in
their favour. Rule refused.

R. v. Leeds, 9 Q. B. 910; 17 Law J1, m. ;
12 J. P. 21.
Evidence to show on what ground a former Order was quashed.

Upon appeal against an order for the removal of Matthew
Redmayne and his wife from Preston to Leeds, the sessions:
APPEAL—EVIDENCE OF ORDER, ETC. 261

confirmed the order, subject to a case. A former order of
removal was appealed against, and the sessions confirmed it,
subject to a case, for the opinion of the Court of Queen’s Bench ;
and if that Court should be-of opinion that the appellants’
objections to it ought to prevail, then it was to be quashed “ for
deficiency of the examination accompanying the order.” The
Court of Queen’s Bench heard the case argued, and quashed
both orders, without stating on what grounds. The present
order was thereupon obtained, against which the appellants
appealed, on the ground that the former order being quashed
for the deficiency of the examinations, was final; and at the
trial of the appeal they attempted to give evidence of the ground
on which the Court of Queen’s Bench quashed the former
orders, but the sessions refused to receive the evidence, and
confirmed the order, subject again to a case.

The Court, after argument, held that the former order,
“quashed for the deficiency of the examination,” primd facie
estopped the respondents from removing a second time; but as
the deficiency might not be in respect of proof of the settle-
ment, but for some mere defect in form, not only might the
appellants give evidence of the grounds of the decision of the
Court of Queen’s Bench, but it was incumbent upon the
respondents to prove that the decision was on the ground that
the examination was defective ina mere matter of form; and
not having done so, their second order must be quashed also.
Orders quashed.

R. v. JJ. of Lancashire, 3 Q. B. 367 ; 12 Law J.76, m.;
7 J. P. 626.

The Court of Queen’s Bench will not grant a Mandamus to Sessions to
make a special Entry of their reasons for quashing an Order.

Upon an appeal against an order of removal, the order was
quashed; and the respondents then requested that a special
entry should be made of the reason of quashing it, which the
sessions refused. They then applied to the Court of Queen’s
Bench for a mandamus, directing the justices to make on their
order an entry of their reason for making it. But the Court
262 APPEAL.—EVIDENCE OF ORDER, ETC.

refused it; they regretted they could not order the entry to be
made, but said that they had no power to do so. If a man-
damus were granted, it would go to a Court of quarter sessions
perhaps differently composed from that which made the order,
and therefore not able to judge of the reasons.

R. v. Kingselere, 8 Q. B.888; 18 Law J. 22, m.; 8 J. P. 72.

If the Sessions quash an Order “ not on the Merits,” the Court of Queen’s
Bench will not decide as to the propriety of their doing so.

Where upon an appeal against an order of removal, the
sessions quashed it, but made a special entry that the order be
quashed, “but not upon the merits;” and they at the same
time granted a case for the opinion of the Court of Queen’s
Bench, whether the objection for which they quashed it was a
defect of form, or a question of merits. But the Court refused
to decide the point, saying that they were without materials for
inquiring into the propriety of the decision; the sessions were
the fit judges.

R.v. Ackworth,3 Q. B.897, n; 18 Law J. 38, m.; 87. P. 261.

If the Sessions erroneously make a Special Entry that they quash an Appeal,
“but not on the Merits,” the Court will not grant a Mandamus to
them to erase the latter Words.

Upon an appeal against an order of removal, the respondents
proved a former order unappealed against; it was a suspended
order, but the respondents failed in proving that the suspension
had been taken off, and also that the paupers had been removed
under it. The sessions quashed the order, making a special
entry that they quashed it, “but not upon the merits.’ An
application was then made to Patteson, J., in the Bail Court,
for a mandamus to the sessions commanding them to erase the
words, “ but not upon the merits,” or to rehear the case. But
Patteson, J., refused it; he admitted that the objection went
to the merits, and that the decision was upon the merits, but
he said that the Court could not interfere, as the sessions had
jwisdiction to do what they did; and as to ordering them to
APPEAL,—EVIDENCE OF ORDER, ETC. 263

rehear the case, that the Court had no authority to do it, as
they had already heard and determined it.

R. v. St. Ann, Westminster, 9 Q. B. 878; 16 Law J. 41, m.;
11 J. P. 188.

The Special Entry, on quashing an Order, cannot be questioned in a

subsequent Appeal.

Upon an appeal against an order for the removal of George
Wood from St. Pancras to St. Ann’s, Westminster, the sessions
confirmed the order, subject to a case. A former similar order
was appealed against, and the sessions quashed it, not upon the
merits, and without prejudice to the making of any other order
for the removal of the pauper. In the present case, the appel-
lants contended that the objection for which the former order
was quashed, affected the merits of the settlement, and that the
Court could not now proceed to try the matter over again; but
the sessions held that they were bound by the entry of the
former decision, and could not inquire into the proceedings of
the former Court; they therefore proceeded to hear the appeal,
and they confirmed the order, subject to a case, as above
mentioned.

The Court, after argument, held that the sessions were right ;
the quashing of the order on the former occasion was in the
nature of a nonsuit, and was not intended to estop the respon-
dents from obtaining a fresh order. The sessions were com-
petent to make the special entry, and the Court would not
interfere with it. Order of sessions confirmed.

R. v. St. Mary, Lambeth, 7 Q. B. 587; 14 Law J. 126, m.;
9 J. P. 552.

A former Order quashed, with reference to the Settlement proved, is
conclusive.

- Upon appeal against an order for the removal of Elizabeth
Lague, widow, from St. Pancras to St. Mary, Lambeth, the
sessions confirmed the order, subject to a case. Upon appeal
against a form in similar order, the examination of the pauper
264 APPEAL.—EVIDENCE OF ORDER, ETC.

stated that her husband rented and occupied a house in Carlisle

Lane, Lambeth, at £22 a year, and was rated for it and paid
the rate. This was objected to, as not stating the year in which
the husband occupied, or that he paid the rent; and:-the sessions
quashed it, “on the ground that the examinations disclosed no
settlement on the face thereof, and the appellants having given
notice thereof in their grounds of appeal.” In the present case,
the appellants contended that by the former decision, the
respondents were precluded from removing again to the
appellant parish on the same settlement; but the sessions dis-
allowed the objection (subject to a case, as above mentioned)
and confirmed the order.

For the appellants, it was argued that the examinations were
to be treated as if they were the evidence given in Court, and
the failure in proving the settlement would have been fatal, and
the order to quash conclusive. The Court were of this opinion ;
and as to the sessions, by their confirming the order, impliedly
intimating a different opinion, they did so only subject to the
opinion of this Court upon the point. Order of sessions quashed.

R. v. Hillel, 7 Q. B. 598; 14 Law J. 126, m.; 9 J. P. 744.

A former Order quashed, with reference to the Settlement proved, is
conclusive.

Upon appeal against an order for the removal of James Fish
and his wife, from Layton-with-Warbreck to Ellel, on examina-
tions stating a renting of a tenement of more than £10 value,
in 1815 and 1816, and residence, &c.; and the sessions con-
firmed the order, subject to a case. Upon appeal against a
former similar order, the examinations disclosing substantially
the same facts as in the present case, but stating them, and
particularly the residence of the pauper, in so imperfect a way,
that the order could not be supported. And upon that occasion,
the respondents moved to quash their own order, which was
done accordingly. In the present case it was objected that the
order of sessions in the former case was conclusive; but the
APPEAL.—PROOF OF SETTLEMENT. 265

sessions being of a different opinion, confirmed the order. The
question for the Court was, whether the former order of sessions
was conclusive.

The Court, after argument, held that it was. It was the
same thing as if the respondents had gone into their case, and
had failed to prove it. Order of sessions quashed.

AppEAL. (Proof of Settlement).

R.v. Whitwick, 14 Law J. 25, m.; 8 J. P. 742.

Where two Settlements are stated, either may be proved.

Upon appeal against an order for the removal of Samuel
Goacher, from Whitwick to Shineton, the sessions quashed the
order, subject to a case. The examinations in this case stated a
settlement in Shineton, and a subsequent settlement in Cole-
orton. The respondents proposed to call a witness, to prove the
settlement in Shineton; but the sessions refused to hear the
evidence, as the examinations showed a subsequent settlement
in Coleorton; and they therefore quashed the order, subject
however to a case, as above mentioned.

The Court, after argument, held that the sessions were wrong.
As the examinations set up a settlement in Shineton, the respon-
dents had a right to prove it, and the sessions should have
received the evidence. Order of sessions quashed.

R. v. Ellesmere, 18 Law J. 181, m.; 13 J. P. 297, 346.

Where two Settlements are stated, if the Respondents fail in one, they may
fall back on the other.

Upon appeal against an order for the removal of Sarah Probert,
widow, and her children, from Ellesmere to Tryddyn, the
sessions quashed the order, subject to a case. The examinations
stated that the husband of the pauper was born in the appellant
parish, and had gained no settlement in his own right; and
266 APPEAL.—PROOF OF SETTLEMENT.

then proceeded to show a settlement of the husband’s father, by
renting a tenement in the appellant parish. The grounds of
appeal merely denied this settlement of the father. At the
trial, the respondents failed to prove this settlement, owing to
an objection taken to the examinations, and they then insisted
on their right to fall back upon the birth settlement of the
pauper’s husband, which had not been denied. But the
sessions held that they could not do so, as the examinations
disclosed a settlement by the father, which, of course, would
supersede the birth settlement; and they quashed the order.
The Court, after argument, held that the respondents had a
right to rely on the birth settlement, which was stated by them,
and not denied by the appellants. Order of sessions quashed.

R. v. Latchford, 6 Q. B. 567; 14 Law J. 20, m.;
9 J. P. 182.

Where two Settlements are stated, and the Respondents fail in one, they
may fall back on the other. If Appellants set up a Settlement by
Apprenticeship, and prove a Service and Inhabitancy under it, they must
also prove the Indenture, although it be admitted by the Respondents’
Examinations.

Upon appeal against an order for the removal of Peter Carter,
and his wife and children, from Warrington to Latchford, the
sessions confirmed the order, subject to a case. The examina-
tions showed that the pauper was born in Latchford, and that
he had apprenticed and served part of his time in Latchford,
part in Warrington, more than forty days in each. By the
grounds of appeal it was denied that the pauper is or ever was
settled in Latchford. At the hearing of the appeal, an objection
was made to the examinations as respected the settlement by
apprenticeship, and the respondents therefore fell back upon
the birth settlement, and proved it. The appellants then proved
that the last day of the service under the indenture of
apprenticeship was in Warrington; but they did not produce
or prove the indenture, alleging that it was not necessary for
them to do so, as it was admitted in the respondents’ examina-
APPEAL,—JUDGMENT. 267

tions. The sessions, however, confirmed the order, subject to a
case, as above mentioned.

It was argued that the settlement by apprenticeship put an
end to the birth settlement, and that the respondents could not
avail themselves of it. But the Court said that the settlement
by apprenticeship was not proved; and they held that the
respondents were not answerable for any statement respecting
it in the examinations; and they therefore had a right to avail
themselves of the birth settlement.

It was also argued that the appellants, in proving the settle-
ment in Warrington by apprenticeship, were not bound to
produce and prove the indenture, that being admitted by the
examinations. But the Court held that what was admitted by
the examinations, could not be deemed an admission by the
respondents, as they were not answerable for any statement by
the witnesses; and that therefore the appellants ought to come
prepared to prove the whole of the facts of the settlement.
Order confirmed.

AppEaL. (Judgment.)

R.v. JJ. of Suffolk, 18 Q. B. 416; 21 Law J. 169, m.;
16 J. P. 296.

A Justice rated in either Parish, not to take part in the Appeal.

Upon a motion for a certiorari to remove an order of ‘Sessions
in an appeal against an order of removal, for the purpose of
quashing it,—it appeared that upon the trial of the appeal, a
justice who was a rated inhabitant in the appellant parish was
upon the bench, and one of the counsel for the respondents
therefore objected to his taking any part in the discussion ;
whereupon the chairman declared that the justice should take
no part in the hearing or decision of the appeal. But the
justice remained upon the bench, and in the course of the
hearing made observations to the chairman, and looked at and
referred to some papers before him, to which the chairman paid
no attention ; but the chairman and the other justices decided
268 APPEAL—JUDGMENT.

the appeal in favour of the appellants, without conferring with
this justice, or being at all influenced by anything said or done
by him.

The Court, after cause shown, granted the writ. And Lord
Campbell, C.J., said he was glad, for the sake of the due
administration of justice in Courts of quarter sessions, that
this application had been made. The proceeding which
here took place was much to be censured: the justice was
interested, as being a ratepayer in the appellant parish, and if
he had done his duty, he would at once have voluntarily with-
drawn from the Court. That is the example set by justices in
Westminster Hall. Rule absolute.

R. v. Glamorganshire, 19 Law J.172, m.; 14 J. P. 383.

Justices at Sessions cannot make a general rule to allow only 40s. costs in an
Appeal.

Upon a motion in the Bail Court for a mandamus to justices
at sessions to enter continuances upon an appeal, and to award
such costs as they in their discretion shall think just and
reasonable,—it appeared that the justices had made a general
rule “that forty shillings costs only be in future allowed: in
appeals ;” and upon an appeal beiny decided in favour of the
appellants, and the order quashed, an application was made that
the appellants should be allowed the real costs in the cause,
without reference to this general rule, and an offer was made to
prove that they had incurred very heavy expenses. Where-
upon the justices deliberated a short time, and then pro-
nounced judgment that the order be quashed, with forty
shillings costs.

Coleridge, J. granted the rule, saying that it appeared from
the affidavits that the justices had not exercised their discretion
in that particular case.
APPEAL.—JUDGMENT. 269

R. v. JJ. of Merionethshire, 6 Q. B. 168; 8 J. P. 890.

Costs where an Order is superseded.

An order of removal from Llangar to Denio being obtained
and served, the overseers of Denio gave notice and grounds of
appeal for the next sessions. The overseers of Llangar there-
upon, on account of an informality, obtained and served a
supersedeas, and then obtained and served a fresh order of
removal. They at the same time tendered to the overseers of
Denio £2, as their costs of appeal against the former order ;
which the latter refused, and threatened that if their full costs,
amounting to £26. 3s. 4d. were not paid, they should prosecute
the appeal. There was in fact a rule of the sessions, many years
acted upon, not to grant more than 80s. costs to either party
upon an appeal against an order of removal. The appellants
accordingly attended at the sessions with their witnesses, and
moved to enter the appeal; which, however, was opposed by the
respondents, on the ground of the supersedeas ; and the justices
refused to allow it, saying that by reason of the rule and practice
above mentioned no injustice had been done, as the appellants
had been offered more than the costs which would have been
allowed them if the appeal had been tried and the order
quashed. A rule being obtained for a mandamus to the sessions
to enter continuances and hear the appeal, the Court after argu-
ment made it absolute, saying that the rule of the sessions
restricting the costs to a particular sum in all cases, was
unreasonable; the justices should have entered the appeal, and
have exercised a judgment as to the costs.

R. v. Stoke Bliss, 6 Q.B. 158; 18 Law J. 151, m.;
8 J. P. 675.
Respondents’ Costs, where notice of Appeal is countermanded, but not
in time.
An order being made and served for the removal of Ann Wall
and her child from Kingswinford to Stoke Bliss, the latter parish
served notice of appeal for the next sessions, with grounds of
270 APPEAL.—JUDGMENT.

appeal, one of which was a settlement of the pauper in a third
parish. The sessions commenced on Tuesday the 2nd January,
and on that day the respondents received notice of countermand,
which, however, had been sent from Stoke Bliss on the 1st; and
by a rule of the sessions if notice of countermand were given
later than Monday before the sessions, the respondents were
entitled to costs of their attendance to support the order. The
respondents accordingly attended at the sessions to apply for
their costs, but the appellants did not attend, nor did they enter
the appeal, The respondents, however, having proved the notice
of appeal, the sessions made an order confirming the order of
removal, and ordering the appellants to pay the respondents
£15 10s. for the costs and charges incurred by them. This
order being removed into the Court of Queen’s Bench by
certiorari, and a motion made to quash it on the ground that
the sessions had no authority to confirm the order of removal,
as the appeal was not entered, it was argued for the respondents
that the order of sessions was at all events good for the costs;
but the Court held that the order of sessions altogether was bad,
and quashed it; they said that the sessions assumed to confirm
the order of removal, and to award costs as ancillary to the judg-
ment of confirmation, which judgment they had no right to give.

R.v. dS. of W. R. Yorkshire, 5 Q. B.1; 12 Law J.141, m.;
8 J. P. 244.

In default of Appellants entering an appeal, the Respondents have no
authority to do so, for the purpose of getting their Costs.

Notice of appeal against an order of removal was given, and
afterwards countermanded, but not in time, which by the practice
of the sessions entitled the respondents to the costs incurred
by them in attending the Court to support their order; at the
sessions, the appellants not having entered the appeal, the
respondents without the consent or knowledge of the appellants,
entered it, and upon motion the sessions confirmed the order,
and adjudged the appellants to pay the respondents the costs
incurred by them in attending the Court to support their order.
APPEAL.—JUDGMENT. 971

At the ensuing sessions, the appellants applied. to the Court to
erase from the records the entry of the appeal and confirmation,
and to enter the appeal and respite it, upon the part of the
appellants; which the Court refused todo. An application was
then made to the Court of Queen’s. Bench, commanding the
justices at sessions to erase their entry, and to enter and respite
an appeal against the order on the part of the appellants; and
the Court granted the writ. The justices in their return, after
stating the facts, alleged that they had no power to erase any
entry in their records. The Court admitted that the justices
could not of themselves erase the entry, without the order of this
Court, but the Court had the power of ordering them to do so,
inasmuch as the sessions, in what they did, had acted without
jurisdiction ; the ordinary case of ordering the sessions to enter
continuances and hear an appeal was in some respects an instance
of a stronger interference of the Court. A peremptory mandamus
was therefore awarded.

R. v. Woodhouse e¢ al. 15 Q. B. 1087; 14 J. P. 701.

Costs of Maintenance, where the Order of Removal has been suspended.

Upon a rule upon four justices and two overseers to show
cause why the justices should not make an order for costs of
maintenance, under the following circumstances. In April
1848 an order had been made for the removal of a man, who
had been five years resident in the parish, and which was sus-
pended on account of illness. The stat. 9 & 10 Vict. c. 66,
came into operation in 1846, and in 1847 an order was indorsed
for the removal, and an order was made for the costs of main-
tenance. The Court, upon a former occasion held that these
costs were not recoverable under the order, as the removal of
the pauper, after the passing of stat. 9 & 10 Vict. c. 66, was
illegal. The overseers of the removing parish then made
the present application, under stat. 4&5 W. 4, c. 76, s. 84,
which provides for payment of costs of maintenance in all cases
generally.
272 APPEAL.—SPECIAL CASE.

The Court, after cause shown, held that this case came clearly
within stat. 4 & 5 W. 4, c. 76,8, 84, and which related to,
suspended orders as well as to others. Rule absolute.

AppEaL—(Special Case.)

R. v. JJ. of Buckinghamshire, 8 Q. B. 800; 12 Law J.
29,m.; 7 J. P. 97.

A certiorari will not lie to bring up the Proceedings in an Appeal, after the
Appeal determined, and no Case granted.

A motion was made on the part of the appellants in an
appeal for a rule nisi for a certiorari to remove from the sessions
an order of removal, the examinations on which it was made,
the notice and grounds of appeal, and an order of sessions con-
firming the same. It appeared, on showing cause, that the
appellants at the hearing made several objections to the
proceedings for defects appearing on the face of them, which the

sessions overruled, confirmed the order on the merits, and refused
the appellants a case. The appellants, however, now insisted

that the objections were valid, and that they were entitled to a
certiorari to bring’ up the order and proceedings, in order to
obtain the opinion of the Court upon them. But the Court said
that these were matters of appeal, and the appellants had
appealed; and as the sessions had not granted a case, they
could not interfere by certiorari. They said that they had
already decided this point in R. v. Rotherham (8 Q. B.766,)
and R. v. Zollerton (3 Q. B. 792).

R. v. Macclesfield, 3 Q. B. 822, n.; 8 J. P. 378.

The Sessions cannot order Continuances to be entered to hear an Appeal,
without the leave of the Queen’s Bench.

The concluding paragraph of a special case was, that if the’
Court deemed the examinations sufficient, the sessions should be
directed to enter continuances and hear the appeal. - But the
Court refused to hear the case argued; Lord Denman, C. J.
observing that the sessions had no right to direct the entry of
continuances, without the leave of this Court.
APPENDIX.

 

6 & 7 Vict. c. 36.

An Act to exempt from County, Borough, Parochial, and other local
Rates, Land, and Buildings oceupied by Scientific or Literary
Societies. [28th July, 1843. ]

WHEREAS it is expedient that societies established exclusively for
purposes of science, literature, or the fine arts should be exempt from

the charge of county, borough, parochial, and other local rates in

respect of land and buildings occupied by them for the transaction of

their business, and for carrying into effect their purposes: Be it
therefore enacted by the Queen’s most excellent Majesty, by and

with the advice and consent of the lords spiritual and temporal, and
commons, in this present parliament assembled, and by the authority scientific
of the same, that from and after the first day of October One thousand societies
eight hundred and forty-three no person or persons shall be assessed or Sxempied
rated, or liable to be assessed or rated, or liable to pay, to any county, upon obtain-
borough, parochial, or other local rates or cesses, in respect of any ing the
land, houses, or buildings, or parts of houses or buildings, belonging Hereiaafier
to any society instituted for purposes of science, literature, or the mentioned.
fine arts exclusively, either as tenant or as owner, and occupied by it

for the transaction of its business, and for carrying into effect its
purposes, provided that such society shall be supported wholly or in

part by annual voluntary contributions, and shall not, and by its laws

may not, make any dividend, gift, division, or bonus in money unto or
between any of its members, and provided also that such society shall

obtain the certificate of the barrister-at-law or lord advocate, as here-

inafter mentioned.

Sect. 2.—Provided always, and be it enacted, that before any society Scientific

shall be entitled to the benefit of this Act such society shall cause three coclenie# to
copies of all laws, rules, and regulations for the management thereof, coaiea Of
signed by the president or other chief officer and three members of the their rules
council or committee of management, and countersigned by the clerk of manage”
or secretary of such society, to be submitted, in England, Wales, and submitied to
Berwick-upon-Tweed, to the barrister-at-law for the time being: ap- ite buseister
pointed to certify the rules of friendly societies there, and in Scotland appointed to
to the lord advocate, or any depute appointed by him to certify the certify the
rules of friendly societies there, and in Ireland to the barrister for the eae a
time being appointed to certify the rules of friendly societies there, cieties who

for the purpose of ascertaining whether such society is entitled to the shall certify
T
274 APPENDIX. (6 £7 Vict. c..36.

thereon if henefit fo this Act; and such barrister or lord advocate, as the case
entiled- may be, shall give a certificate on each of the said copies that the

society so applying is entitled to the benefit of this Act, or shall state
One certified in writing the grounds on which such certificate is withheld ; and one
copy to be of such copies, when certified by such barrister or lord advocate,
fhe SOMeny ; shall be returned to the society, another ree shall be retained by such
one to be re- barrister or lord advocate, and the other of such copies shall be trans-
doined by (he mitted by such barrister or lord’ advocate to the clerk of the peace
and the other for the borough or county where the land or buildings of such society
transmitted in respect of which exemption is claimed shall be situated, and shall
of the peace by him be laid before the recorder or justices for such borough or
for confirma- county at the general quarter sessions, or adjournment thereof, held
Hon at ses, next after the time when such copy shall have been so certified, and
be deposited. transmitted to him as aforesaid, ar the recorder or justices then and

there present are hereby authorised and required, without motion, to

allow and confirm the same; and such copy shall be filed by such

clerk of the peace with the rolls of the sessions of the peace in his

custody, without fee or reward.

Certain al- _, 8e¢t. 8.—And be it enacted, that if the laws, rules, and regulations
terations of any such’society shall be altered, so as to effect or relate to the pro-
made in the perty or constitution of such society, such alterations shall, within one
ee be calendar month after the same shall have been made, be submitted to:
and depo- such barrister or lord advocate, and such barrister or lord advocate
sited in like shall certify, as aforesaid; and such rules, when so certified, shall be
: filed with the clerk of the peace as aforesaid; and in the meantime
such society shall be entitled to the benefit of this Act, as if no such
Incase of iterations had been made : provided always, that if the said barrister
refusal to OF lord advocate shall refuse to certify, that then, subject to such
certify. appeal as is hereinafter provided, the said society shall cease to be en-
titled to the benetit of this Act from the time when such alterations
shall come into operation.
Fes to ba Sect. 4.—Provided always, and be it enacted, that the fee payable to
paid to the . .
barrister or Such barrister or lord advocate for perusing the laws, rules, and re-
lord advo- gulations of each society, or the alterations made therein, and giving
Sates such certificate or statement as aforesaid, shall not at any one time ex-
ceed the sum of one guinea, which, together with the expense of trans-
mitting the rules to and from the said barrister or lord advocate,
shall be defrayed by each society respectively.

Provision Sect. 5.—Provided always, and be it enacted, that in case any such

Where sere barrister or lord advocate shall refuse to certify that any such society

tificate is is entitled to the benefit of this Act, it shall then be lawful for any

refused, such society to submit the laws, rules, and regulations thereof to the’
Court of Quarter Sessions for the borough or county where the land)
or buildings of the society shall be situated, together with the reasons
so assigned by the said barrister or lord advocate as aforesaid; and’
the recorder or justices at such quarter sessions shall and may, if he or
they think fit, order the same rules to be filed, notwithstanding such
refusal as aforesaid; and such filing shall have the same effect as if
the said barrister or lord advocate had certified as aforesaid.

Appeal to Sect. 6.— Provided also, and be it enacted, that any person or persons

tasions. assessed to any rate from which any society shall be exempted by this
7 &8 Vict. c.101.] APPENDIX. 275

Act may appeal from thé decision of the said barrister or lord advo-
cate in granting such certificate as aforesaid to the said Court of
quarter sessions, within four calendar months next after the first
assessment of such rate made after such certificate shall have been
filed as aforesaid, or within four calendar months next after the first
assessment of such rate made after such exemption shall have been
claimed by such society, such appellant first giving to the clerk or
secretary of the society in question, twenty-one days previonsly to the
sitting of the said Court, notice in writing of his intention to bring
such appeal, together with a statement in writing of the grounds
thereof, and within four days after such notice entering into a recog-
nizance before some justice, with two sufficient sureties, to try such
appeal at and abide the order of and pay such costs as shall be awarded
by the recorder or justices at uch quarter sessions ; and at such
quarter sessions such recorder or justices shall, on its being proved that
such notice and statement have been given as aforesaid, proceed to
hear such appeal, according to the grounds set forth in such statement,
and not otherwise, and, if the certificate of the said barrister or lord
advocate shall appear to him or them to have been granted contrary to
the provisions of this Act, shall and may annul the same, and shall
and may, according to their discretion, award such costs to the party
appealing or appealed against as he or they shall think proper, and his
or their determination concerning the premises shall be conclusive
and binding on all parties to all intents and purposes whatsoever.

7 &8 Vict. c. 101.

An Act for the further Amendment of the Laws relating to the Poor
in England. (9th August, 1844.]

Sect. 12. And be it enacted, that the Poor Law Commissioners may Poor law
by order under their hands and seal, prescribe the duties of the masters commission-
to whom poor children may be apprenticed, and the terms and con- scribethedu-
ditions to be inserted in the indentures by which such children may ties of ap-
be so bound as apprentices ; and every master of such apprentice who Tee
wilfully refuses or neglects to perform any of such terms or condi- lecting to
tions so inserted in any such indenture shall be liable, upon conviction fulf! them
thereof before any two justices, to forfeit any sum not exceeding penaity,
twenty pounds ; and that after the first day of October next no poor
child shall be bound apprentice by the overseers of any parish in- go aians to
cluded in any such union or subject to a board of guardians under bind poor
the provisions of the first-recited Act, but it shall be lawful for the a anioa ae
guardians of such union or parish respectively to bind any such poor stead of
child to be an apprentice, and in such case the indentures of appren - overseers.
ticeship shall be executed by the said ee and shall not need
to be allowed, assented to, or executed by any justice or justices of
the peace, and the guardians shall have all the powers for binding or
assigning any such apprentice which are now possessed by overseers,
and shall cause all apprentices so bound or assigned by them to be
registered by their clerk according to the form prescribed by the
statute of the forty-second year of the reign of King George the
Third relating to the registration of parish apprentices, so far as the
same may be applicable to such binding or assignment: Provided
always, that nothing herein contained shall directly or indirectly in-

T2
276 APPENDIX. [7 &8 Vict. ec. 101.

terfere with the provisions of any Act of parliament relating to
apprentices to be bound to the sea service.

Compulsory Sect. 18. And be it enacted, That after the passing of this Act ‘80

ship spac’ much of an Act passed in the forty-third year of the reign of Queen

lished. Elizabeth, intituled “ An Act for the Relief ofthe Poor,” andso much
of an Act passed in the session held in the eighth and ninth years of
the reign of King William the Third, intituled “An Act for supplying

Repeal of 48 80me Defects in the Laws for the Relief of the Poor of this King-

Eliz.c.2,8& dom,” or of any other Act of parliament, whether general or local, as

9 W.3.c. 3. compels any person to receive any poor child as an apprentice, shall
be and is hereby repealed.

Repeal of so Sect. 14. And whereas by the said first recited Act it is provided,
ee that in every case of an election of guardians under the said Act, or
as relates to Whenever the consent of owners of property or ratepayers in any
number of parish or union may be required for any of the purposes of the said
owners and Act, the owner, as well as the ratepayer, in respect of any property
ratepayers, in such parish or union, shall be entitled to vote, and the owner
shall have the same number and proportion of votes respectivel
as is provided for inhabitants and other persons in and by an Act nate
and passed in the fifty-eighth year of the reign of his late Majesty
58 G 3 ¢. 69. King George the Third, intituled “‘ An Act for the Regulation of Parish
Vestries,” and in and by an Act to amend the same, made and passed
in the fifty-ninth year of his said late Majesty ; and the ratepayers
under two hundred pounds shall each have a single vote; and the
ratepayers rated at two hundred pounds or more, but under four
hundred pounds, shall each have two votes ; and the ratepayers rated
at four hundred pounds or more shall each have three votes: And
whereas it is expedient that the number and proportion of votes of
owners of property and of ratepayers respectively should be assimi-
lated: Be it enacted, That so much of the said Act as is above recited
relating to the number and proportion of votes of owners of property
and of ratepayers respectively shall be and the same is hereby re-
eters ana pewled ; and that in all cases in which by the said Act, or by any Act
ratepayers amending or extending the same, owners of property and ratepayers
to voteae- are entitled to vote, every owner of property and ratepayer shall have
thevedie” respectively the same number and proportion of votes, according to
hereinset the scale following ; (that is to say,) if the property in respect of
forth. which he is entitled to vote be rated upon a rateable value of less
than fifty pounds he shall‘have one vote; if such rateable value
amount to fifty pounds and be less than one hundred pounds, he shall
have two votes; if it amount to one hundred pounds and be less than
one hundred and fifty poe, he shall have three votes ; if it amount
to one hundred and fifty pounds and be less than two hundred pounds,
he shall have four votes; if it amount to two hundred pounds and be
less than two hundred and fifty pounds, he shall have five votes;
and if it amount to or exceed two hundred and fifty pounds, he shall
have six votes.

Regulations = Sect. 16. And be it enacted, That no owner of property shall be
as to votes of entitled to vote as such, under the provisions of the said recited Act
of proxies. either in person or proxy, during the year following the twenty-fifth

day of March in any year, unless betore the first day of February:

next preceding such twenty-fifth day of March he had given to the
+

7 & 8 Vict. c.101 ] APPENDIX.

overseers the statement required by the said Act, signed by him, nor
unless such statement contain a description of the nature of the in-
terest or estate he may have in such property, and a statement of the
amount of all rent service (if any) which he may receive or pay in
respect thereof, and of the persons from whom he may receive or to
whom he may pay such rent service; and no person shall be entitled
to vote as proxy until fourteen days after he have made his claim so
to vote in the manner required by the said Act; and no person shall
be entitled to vote as proxy for more than four owners of property in
any one parish (except he be a steward, bailiff, or land agent, or col-
lector of rents for the owners of property for whom he may be
appointed to vote); and no appointment of proxy shall remain in
force for a longer period than two years from the making thereof,
excepting only in the case in which an owner appoints his tenant,
bailiff, steward, land agent, or collector of rents to be his proxy,
in which case such appointment shall remain in force so long as the
proxy may continue to be such tenant, bailiff, steward, land agent,
or collector, and while such appointment remains unrevoked ; and the
overseers of every parish containing a population exceeding two
thousand persons, according to the last enumeration of the popula-
tion published by the authority of parliament, shall, on or before
the fifth day of the month of February in every year enter in the
book to be trom time to time provided for the purpose the names and
addresses of all persons who before the first day of the said month
of February have given such statement or made such claims as
owners or proxies as aforesaid ; and such overseers shall allow any
person to peruse such book, without payment of any fee, at all reason-
able hours between the said fifth day and the tenth day of February ;
and any person who has given such statement or made such claim or
any ratepayer of such parish, may, on or before the fifteenth day of
the said month of February, object to any other person as not being
entitled to vote as such owner, by delivering to the clerk of the
board of guardians of the said parish, or of the union in which it
may be comprised, and at the address of the person objected to,
notice in writing of the grounds of such objection ; and on or before
the twentieth day of such month of February such clerk shall
send to the overseers of such parish notice of some day, between
the twenty-fourth day of the said month and the first of March then
next, on which he or some person duly appointed for the purpose
will hear evidence in relation to such objections, and of the place
within the parish or union at which he or such other person will
attend to hear such evidence; and such overseers shall forthwith cause
a copy of such notice to be fixed on or near the doors of all churches
or chapels within such parish, and at all the usual places of affixing
notices of parochial business ; and such clerk shall attend on the day
and at the place su appointed, and shall, in the presetice of all persons
who may think fit to be present, hear any matter adduced in support
of such grounds of objection, or in opposition thereto, but none other ;
and the overseers of the said parish shall then and there attend, und
produce to such clerk the rate books of the parish for the whole year
preceding, and shall answer all such questions as such clerk may put
to them or any of them touching the matter of any eel objection ;
and such clerk shall retain in the said book thd name of, all persons to
whom no objection has been duly made, and of all persohs objected to,
278

So much of
4&5 W.4.
as relates to
not voting
only to ex-
tend to poor’s
rates.

Annual Elec
tion of
guardians to
take place
within forty
days after
the 25th of
March,

Number of
guardians
may be
altered with

APPENDIX. [7 & 8 Vict. c. 101.

unless the party objecting have appeared in support of his objection,
and established such objection, and when the name of any person has
been duly objected to, such clerk shall require proof of the right of
such person to vote as owner ; and in case any matter be adduced in
support of the objection, and the right of the person objected to be
not proved to the satisfaction of such clerk, he shall expunge the name
of such person from such book ; and such clerk shall have power to
adjourn from time to time, and administer an oath to the overseers of
any parish, and to all persons attending before him claiming a right
to vote as owners or objecting to such right, and to all witnesses who
may be tendered or examined on either side; and such clerk shall
write his initials against every name struck out, and sign his name to
every page of the said book; and the persons whose names as owners
are retained by such clerk in such book shall be the only persons en-
titled to vote in such parish as owners of property for the year follow~
ing the twenty-fifth of March next ensuing: Provided always, that
the said Commissioners may, if they see fit, by order under their hands
and seal, direct the guardians of such parish or union to appoint some
person, other than the clerk to such lien as a paid officer, to
hear and decide the matter of such objections as aforesaid, who shall
have all such powers as are hereinbefore given to the clerk, and per-
form all such duties as are hereinbefore imposed on the clerk in that
behalf: Provided also, that nothing herein contained shall affect any
election in which proceedings have been commenced before the passing
of this Act.

Sect. 16. And whereas by the said first recited Act it is provided that
no person shall be deemed a ratepayer, or be entitled to vote, or do
any other act, matter, or thing as such, under the provisions of that.
Act, unless he shall have been rated to the relief of the poor for the
whole year immediately preceding his so voting or otherwise acting as
such ratepayer, and shall have paid the parochial rates and_assess-
ments made and assessed upon him for the period of one whole year,
as well as those due from him at the time of so voting or acting, ex~
cept such as shall have been made or become due within six months
immediately preceding such voting or acting : Be it enacted, That such
parochial rates and assessments shall be deemed to extend only to rates
made for the relief of the poor.

Sect. 17. And whereas by the said first recited Act it is provided,
that guardians of the poor elected under the provisions of that Act
shall go out of office, and guardians for the ee year shall be
chosen within fourteen days next after the twenty-fifth day of March
in every year: And whereas such period hath been found to be too
short, and it is expedient to extend the same: Be it therefore enacted,
That the period within which the annual election of guardians shall
take place shall be extended to the period of forty days next after
the said twenty-fifth day of March, and that the guardians of the

receding year shall continue in office for the said period of forty
ays, or until the election of guardians for the succeeding year have
taken place.

Sect. 18,—And be it enacted, that it shall be lawful for the said Com-.
missioners, having due regard to the relative population or circum-
stances of any parish included in a union, to alter the number of
? & 8 Vict. c. 101.] APPENDIS. 279

guardians to be elected for such parish, without such consent as is reference to
required by the said first-recited Act. oo

Sect. 19.—And be it enacted, That in every case in which a parish in Parishes may
which guardians are to be elected under the provisions of the said pe oe
first-recited Act contains more than twenty thousand persons, accord- ,
Ing to the enumeration of the population then last published by
authority of parliament, it shall be lawful for the said commissioners,
by order under their hands and seal, for the purpose of conducting
the election of guardians, to divide such parish into such and so many
wards as they may deem expedient, so that no such ward shall con-
tain a number of rated houses less than four hundred, and to deter-
mine the number of guardians to be elected for every such ward,
having due regard to the value of the rateable property therein ; and
each such ward shall, for the purpose of every election of guardians,
so far as the said Commissioners may direct, be considered as a sepa-
rate parish.

Sect. 20.—And be it enacted, That in every case in whicha parish is Qualifien-
divided into wards for the purpose of electing guardians, every Poms. |
person qualified to be elected as a guardian in the parish shall be wards,
qualified to be elected in any ward within the same parish; but no
person shall at any election of guardians be elected for more than
one ward within the same parish ; and if at any such election a
person be nominated in two or more wards, the returning officer at
such election shall, if such person reside within the parish, give such:
person notice thereof in writing, to be left at his place of residence
on the day following the last day fixed for the nomination of
candidates, and such person, whether he reside in the parish or not,
may at any time, until two days preceding the issuing of the voting
papers, elect by notice in writing delivered to the returning officer
any one ward for which he will stand an election; and if he do not so
elect some one ward the returning officer shall place his name on
the list of candidates for that ward only for which he was first duly
nominated.

Sect. 21.—And be it enacted, That no person entitled to vote shall Voting in
give in the whole of the wards into which a parish may be divided a ‘wards:
greater number of votes than he would be entitled to have given if the
parish had not been divided into wards, nor in any one ward a greater
number of votes than he is entitled to in respect of property in that
ward ; but, subject to the foregoing limitations, any ratepayer, owner
of property, or proxy entitled to vote may, by notice in writing deli-
vered to the overseers of the parish before the day appointed for the
annual nomination of candidates, elect in what ward or wards he will
vote for the ensuing year, and determine the proportion of votes
which he will give in any one or more of such wards; and if he
do not give such notice he shall not be entitled to vote for any ward
in which he does not reside.

Sect. 22 —And be it enacted, That after the passing of this Act it Restriction.
shall not be lawful to appoint separate overseers for any township or 26 to sepa-

village or other place for which before the passing of this Act sepa- See
rate overseers had not been lawfully appointed. townships.

Sect. 23.—And it is hereby declared and enacted, That in all cases
280 APPENDIX. [7 &8 Vict. c. 101

Orders of | in which overseers have for the first time been separately appointed
poor iaw for any township or village since the fourteenth day of August in
sionoea ail the year of our Lord One thousand eight hundred and thirty-four all
notwith- orders of the Poor Law Commissioners, determining the number of
samciteap- guardians, or ascertaining the averages of any such township or
pointment of village, or of any portion of the parish from which such township
overseers. or village had been separated, shall be and be deemed to be good

and valid in law, notwithstanding such separate appointment of

overseers.

Justices who = Sect. 24.— And be it enacted, That when any union has been formed
Ce ae under the provisions of the said first-recited Act, or where the said
; a a : :

chial places Commissioners have under the provisions of the said Act directed

or parishes that the laws for the relief of the poor of any single parish shall

within ss . . 2

unions tobe be administered by a board of guardians, every juctice of the peace

exofficio acting for the county, riding, or division in which such union or

guardians. parish, or any part thereof, is situated, and residing in any extra-
parochial place the boundary line of which, or the greater part of
the boundary line of which, is included within or coincident with the
boundary line of such union or parish, shall be ex officio a guardian
of such union or parish ; and every justice of the peace residing in any
parish within such a union, and acting for any county, riding, or divi-
sion in which any part of such union is situated, shall be ex officio a
guardian of such union.

Relief of Sect. 25.—And be it enacted, That so longas it may appear that the
re husband of any woman is beyond the seas, or in custody of the law,
certain cases OY in confinement in a licensed house or asylum as a lunatic or idiot,
to be subject all relief given to such woman, or to her child or children, shall, not-
to the same s & < a

conditions as Withstanding her coverture, be given to such woman in the same
if they were manner and subject to the same conditions as if she was a widow ; but .
widows: nothing herein contained shall diminish or affect the obligations or

liabilities of such husband in respect of such relief.

Relief to Sect. 26.—And be it enacted, That in the case of any person being a

Ridows in widow having a legitimate child dependent on her for support, and no
illegitimate child born after the commencement of her widowhood,
and who at the time of her husband’s death was resident with him in
some place other than the parish of her legal settlement, and not situ-
ated in any union in which such parish is comprised, it shall be lawful
for the guardians of such parish or union, if they see fit, to grant re-
lief to such widow, although not residing in such pai or union;

Proviso. | Provided always, that, notwithstanding anything herein contained,
the guardians of any union or parish, and the overseers of any parish,
in which such widow may be resident or may require relief, shall be
and remain liable to relieve such widow in the same manner as any
other person requiring relief in such union or parish.

eae Sect. 27'—And be it enacted, That if it he made to appear to any
insane. two justices that any insane person, lunatic or idiot, chargeable to any

paupers may parish hath an estate more than sufficient to maintain his family, they
tejevied off shall by order under their hands and seals direct the overseers of the
* parish to which such person is chargeable to seize so much of any

money, to seize and sell so much of any goods and chattels, or to

receive so much of the rent of the lands or tenements of such person

who is proved to such justices to be necessary to pay any charges in-
7 & 8 Vict. c. 101.] APPENDIX. 281

curred in providing for the removal, maintenance, clothing, medicine,
and care of such person ; and if any trustee or other person having
the possession, custody, or charge of any property of an insane per-
son, lunatic, or idiot, or if the governor and company of the Bank
of England, or any other person or persons having in his or their
hands any stock, interest, a evidend, or annuity due to any such insane
person, lunatic, or idiot, pay any money to any overseer or to any
guardians of the poor to defray the charges incurred by any parish
in the removal, maintenance, clothing, medicine, or care of such in-
sane person, lunatic, or idiot, the receipt of such overseer or of the
clerk of such guardians shall be a good discharge to such trustee or
other person aforesaid.

Sect. 28.—And be it enacted, That the guardians of every parish Guardians
or union appointed under any local Act, and their officers appointed under local
to act in the relief of the poor, and their clerks, shall, from and powers oak,
after the passing of this Act, have the like powers and shall be respect to
liable to perform the same duties with respect to insane persons as #76 Poor
are provided in the case of guardians appointed under the provisions
of the said first-recited Act, their relieving officers and their clerks
respectively.

Sect. 29.—And be it enacted, That the guardians of any parish or Guardians to
union constituted by the said Commissioners shall apply all money Srply money
raised or borrowed for the purpose of defraying the expenses of simieoavions
emigration in such parish or in any parish within such union, sub-

ject to the conditions and restrictions imposed by the said first-recited

ct.

Sect. 30.—And be it enacted, That in addition to the principal sum Cost of ob-
or sums of money which guardians are empowered by the said first- (rose
recited Act to raise or borrow for the purpose of purchasing, hiring, houses in the
building, enlarging, or altering workhouses, or buildings to be con- ™etropeli-
verted into workhouses, the guardians of any parish or union, any district, be.
part of which is situated within the metropolitan police district or
the city of London, or the select vestry of the parish of Liverpool,
may, with the consent of the Poor Law Commissioners, also raise or
borrow and charge the future poor rates of such parish or union with
such further or other sum or sums of money as may be or may uave
been necessary for the purchase of any land, or interest in land, re-
quired as the site of such workhouse, or of any additions to any such

workhouse.

Sect. 31.—And be it declared and enacted, That it shall be lawful Burials of
for guardians, or where there are no guardians for the overseers, to P*0P°*
bury the body of any poor person which may be within their parish
or union respectively, and to charge the expense thereof to any parish
under their control to which such person may have been chargeable,
or in which he may have died, or otherwise in which such body may
be; and unless the guardians, in compliance with the desire expressed
by such person in his lifetime or by any of his relations, or for any
other cause, direct the body of such poor person to be buried in the
churchyard or burial ground of the parish to which such person
has been chargeable (which they are hereby authorized to do), every
dead body which the guardians or any of their officers duly autho-
rized shall direct to be buried at the expense of the poor rates shall
Commission-
ers may com-
bine parishes
and unions
into districts
for audit of
accounts.

Election of
district
auditors.

Their
powers and
duties,

APPENDIX. [7 &8 Vict. c. 101.

(unless the deceased person, or the husband or wife or next of kin of
such deceased person, have otherwise desired) be buried in the church-
yard or other consecrated burial ground in or belonging to the parish,
division of parish, chapelry, or place in which the death may have
occurred ; and in all cases of burial under the direction of the guar-
dians or overseers as aforesaid the fee or fees payable by the custom of
the place in which the burial may take place, or under the provisions
of any Act of parliament, shall be paid out of the poor rates, for the
burial of each such body, to the person or persons who by such cus-
tom or under such Act may be entitled to receive any fee: Provided
always, that it shall not be lawful for any officer connected with the
relief of the poor to receive any money for the burial of the body of
any poor person which may be within the parish, division of parish,
chapelry, or place in which the death may have occurred, or to act as
undertaker for personal gain or reward in the burial of any such
body, or to receive any money from any dissecting school, or school
of anatomy, or hospital, or from any person or persons to whom any
such body may be delivered, or to derive any personal emolument
whatever for or in respect of the burial or disposal of any such
body ; and any such officer offending as aforesaid shall, on conviction
thereof before any two justices, forfeit and pay a sum not exceeding
five pounds.

Sect, 32.—And be it enacted, that it shall be lawful for the said Com-
missioners from time to time, by order under their hands and seal, to
combine the parishes and unions in England and Wales into districts
for the audit of accounts, and from time to time to add any parish or
union to any such district, or separate any parish or union therefrom ;
and the chairman and vice-chairman of each board of guardians con-
stituted under the said first-recited Act or any other Act, or if there be
no chairman or vice-chairman of any guardians constituted under any
other Act, then some two of their number to.be selected by such last-
mentioned guardians, or if there be no such body then some two of
the overseers to be selected by the overseers respectively acting within
the district, shall elect, at the time and in the manner to be prescribed
by the said Commissioners, a person to be the auditor of the district ;
but in any case in which there are two vice-chairmen appointed in any
board of guardians such board of guardians shall select one of the vice-
chairmen, who shall vote in the election of such auditor ; and the said
Commisssoners shall have all the powers with regard to the salaries of
the said auditors to be charged on the poor rates, and to all other
matters relating to auditors for such districts, as they have under the
said first-recited Act with regard to paid officers; and every auditor
appointed for such a district shall have full powers to examine, audit,
allow, or disallow of accounts, and of items therein, relating to monies
assessed for and applicable to the relief of the poor of all parishes and
unions within his district and to all other money applicable to such
relief ; and such auditor shall charge in every account audited by him
the amount of any deficiency or ie incurred by the negligence or
misconduct of any person accounting, or of any sum for which any
such person is accountable, but not brought by him into account
against such person, and shall certify on the face of every account
audited by him any money, books, deeds, papers, goods, or chattels
found by him to be due from any person ; and when any such auditor
7 &8 Vict. c. 101.] APPENDIX:

has so certified any money, books, deeds, papers, goods, or chattels to
be due from any person, he shall forthwith. report the same to the
said Commissioners ; and the person from whom any.money is so cer-
tified to be due shall within seven days pay or cause to be paid such
money to the treasurer of the guardians of the union or parish, if there
be any such treasurer; and in the case of a union such money shall be
applied by the guardians to the use of all or any of the parishes
included in such union, according as all or any of such parishes may
be interested in the sum so paid ; and all books, deeds, papers, goods,
and chattels, and in the case where there is no treasure! as aforesaid
all monies so certified to be due, shall be delivered over or paid, within
seven days of the same being certified, to the person or persons
authorized to receive the same; and if any such money, books, deeds,
papers, gocds, or chattels be not duly paid or delivered over as herein-
before directed, the said auditor, or any auditor subsequently appointed,
shall proceed, as soon as may be, to enforce the payment or delivering
over of the same ; and all monies so certified to be due by such auditor
shall be recoverable as so certified from all or any of the persons
making or authorizing the illegal payment, or otherwise answerable
for such monies, and shall be recovered on the application of such
auditor, or of any such auditor subsequently appointed, or by any
person for the time being entitled or authorized to receive the same,
in the same manner as penalties and forfeitures may be recovered
under the provisions of the said first-recited Act; and the expenses
attending such proceeding or recovery shall (except so far as the same
may be paid by the person ae whom the proccedings have been
taken) be repaid to such auditor by the guardians of the parish or
union, or by the district board of the district to which the proceedings
may respectively relate, and shall be charged in-their accounts in such
manner and in such proportions as the said Commissioners may direct ;
and if any person from whom any such books, deeds, papers, goods,
or chattels may be due neglect or refuse to deliver over the same to
the person for the time being entitled or authorized to receive the
same, the person so neglecting or refusing shall be liable, on the com~-
plaint of any such auditor for the time being, or of the person entitled
or authorized to receive the same, to the penalties and proceedings
provided in the case of overseers refusing or neglecting to pay and
deliver over to their successors any sum or sums of money, goods,
chattels, and other things, in their hands; and any churchwarden,
surveyor of ‘the highways, overseer, or other officer of a parish or
union, who shall wilfully authorize or make an illegal or fraudulent
payment from the church rate, highway rate, or other public fund of
a parish or union, or shall unlawfully make any entry in his accounts
for the purpose of defraying or making up to himself or any other
person the whole or any part of any sum of money unlawfully expended
from the poor rate, or disallowed or surcharged in the accounts of any
parish or union by such auditor, shall, upon conviction thereof before
any two justices, forfeit and pay for every such offence any sum not

exceeding twenty pounds, and also treble the amount of such pay-.

ment or of the sum so entered in his accounts.

283

Sect. 33.—And be it enacted, that seven clear days at least before Rate books,
the day fixed for the audit of accounts the overseers or other officers ©. to be

made up

employed in any parish in carrying the laws for the relief of the poor seven days
284

before the
audit day.

Notice of
time and
place of
andit.

Inspection
of books,

Balances
found before
the passing
‘of this Act
may be dis-
charged.

APPENDIX. [7 &8 Vict. c. 101

into execution, and every collector or assistant overseer acting for such
parish, shall cause their rate books and other accounts to be made u
and balanced ; and the books so made up shall forthwith be depaaital
at the house within the parish of some one of such overseers or other
officers, or of such collector or assistant overseer, or at some other
house within the parish ; and notice shall forthwith be affixed at the
usual place or places of giving parish notices, stating the time and
place of audit, as notified by the auditor, and the place where the
books are deposited ; and such books shall on each of such days be open
between the hours-of eleven and three, for the inspection of every per-
son liable to be rated to the relief of the poor; and such auditor shall
give or send by post or otherwise to the said overseers or other officers
fourteen days notice of the said audit; but it shall not be necessary
for the auditor to give or send separate notices to each of such over-
seers or other officers, and it shall be sufficient if it be proved that any
one of them had notice; and if any such overseer or other officer,
collector, or assistant overseer neglect to make up such account, or
alter such account, or allow it to be altered when so made up, or refuse
to allow such inspection thereof, he shall be liable, on conviction
thereof, to forfeit forty shillings; and if any overseer or other officer,
collector, or assistant overseer, refuse or wilfully neglect to affix such
notice of audit, and of the time and place for the inspection of such
accounts, as above provided, he shall be liable, on conviction thereof,
to forfeit forty shillings ; and it shall be lawful for every ratepayer in
any parish or union to be present at the audit of the accounts relatin
to such parish or union, and to make any objection to any ach
accounts, before such auditor; and it shall be lawful for any such
auditor to require any person holding or accountable for any money,
books, deeds, papers, goods, or chattels relating to the poor’s rate or
relief of the poor, to produce to such auditor his accounts and
vouchers, and. to make or sign a declaration with respect to such ac-
counts; and so often as such person neglects or refuses to attend,
either at the audit or any adjournment thereof, when so required by
such auditor, or to produce to him such accounts or vouchers, or any
of them, or to make or sign a declaration with respect to his accounts,
if thereunto required by such auditor, he shall be liable for every such
refusal or neglect to forfeit forty shillings, to be recovered as penalties
and forfeitures under the said first-recited Act, or if he wilfully make
or sign a false declaration in respect of such accounts he shall be
Hable to the penalties of perjury.

Sect. 84.—And be it enacted, that in every case in which before the
passing of this Act any balance has been struck by any auditor in the
account of any officer of any parish or union, and such balance has not
been paid nor any proceedings commenced before the passing of this
Act for the recovery thereof, it shall be lawful, on the Puen of
the officers of any parish or of any board of guardians of any union,
and in all other cases of disputed accounts relating to the expenditure
and management of the fund for the relief of the poor previous to the
passing of this Act upon the application of the board of guardians to
the said Commissioners, and with the consent of the said Commis-
sioners, for the auditor to discharge the officers for the time being from
the payment of such balance; and all balances struck against any
person, and not so discharged, shall be recoverable, after the passing
7 &8 Vict. c. 101] APPENDIX. 285

of this Act, as if the same had been struck and the amount thereof
poe by an auditor appointed in pursuance of the provisions of this
ct. ;

Sect. 35.—And be it enacted, that if any person aggrieved by any Certiorari

?

allowance, disallowance, or surcharge by any such auditor require for auditors
such auditor to state the reasons for the said allowance, disallowance, or disallow-
or surcharge, the auditor shall state such reasons in writing in the 9nce-
book of account in which the allowance, disallowance, or surcharge
may be made; and it shall be lawful for every person aggrieved by
such allowance, and for every person aggrieved fe such dedlewane
or surcharge, if such last-mentioned person have first paid or delivered
over to any person authorized to receive the same all such money,
goods, and chattels as are admitted by his account to be due from him
or remaining in his hands, to apply to the Court of Queen’s Bench for
a writ of certiorari to remove into the said Court the said allowance,
disallowance, or surcharge, in the like manner and subject to the like
conditions as are provided in respect to persons issuing forth writs of
certiorari for the removal of orders of justices of the peace, except
that the condition of such recognizance shall be, to prosecute such
certiorari, at the costs and charges of such person, without any
wilful or affected delay, and if such allowance, disallowance, or sur-
charge be confirmed, to pay to such auditor or his successor, within one
month after the same may be confirmed, his full costs and charges,
to be taxed according to the course of the said Court, and except that
the notice of the intended application which shall contain a state-
ment of the matter complained of, shall be given to such auditor or
his successor, who shall in return to such writ return a copy under his
hand of the entry or entries in such book of account to which such
notice shall refer, and shall appear before the said Court, and defend
the allowance, disallowance, or surcharge so impeached in the said
Court, and shall be reimbursed all such costs and charges as he may
incur in such defence out of the poor rates of the union ‘or parish
respectively interested in the decision of the question, unless the said
Court make any order to the contrary ; and that on the removal of such
allowance, disallowance, or surcharge the said Court shall decide the
particular matter of complaint set forth in such statement, and no
other; and if it appear to such Court that the decision of the said
auditor was erroneous, they shall, by rule of the Court, order such
sum of money as may have been improperly allowed, disallowed, or
surcharged to be paid to the party entitled thereto by the party who
ought to repay or discharge the same ; and they may also, if they see
fit, by rule of the Court, order the costs of the person prosecuting such
certiorari to be paid by the parish or union to which such accounts
relate, as to such Gantt may seem fit; which rules of Court respectively
shall be enforced in like manner as other rules of the said Court are
enforceable.

Sect. 36. Provided always, and be it enacted, that it shall be Persons ag-
lawful for any person aggrieved as aforesaid by any allowance, dis- ee
allowance, or surcharge, in lieu of making application to the Court of Commis-
Queen’s Bench for a writ of certvorart, to apply to the said Commis- sloners, whe
sioners to inquire into and to decide upon the lawfulness of the ae
reasons ated by the auditor for such allowance, disallowance, or thereupon.

surcharge, and it shall thereupon be lawful for the said Commis-
286 APPENDIX. [7 & 8 Vict.c. 101.

sioners to issue such order therein, under their hands and seal, as
they may deem requisite for determining the question.

Sree Sect. 37.—And be it enacted, that in every district for which an
justices to auditor may be appointed under the provisons of this Act the powers
audit. of justices of the peace and of all other persons to examine, audit,

allow, or disallow accounts shall, so far as relates to any accounts

which such auditor is authorized to examine and audit, cease, and

ae the same are hereby repealed: provided always, that where any
auditors union or unions and parishes have been already combined by the said
eat Commissioners under the provisions of the said first-recited Act for

the appointment of an auditor, and such an auditor has been ap-
pointed, or where any person has been appointed auditor for more
than one union, it shall be lawful for the said Commissioners to con-
tinue such auditor in office, and such district shall be deemed to have
been formed, and such unions to have been formed into a district, and
; such auditor to have been appointed respectively under this Act:
Proviso. Provided also, that if the said Commissioners subsequently add any
parish or union to any district now formed or to be formed after the
passing of this Act, or which is to be deemed to be formed under
this Act, or separate any parish or union therefrom, such addition
or separation shall not vacate the appointment of any auditor ap-
Pointed previously to such addition or separation, but it shall be
lawful for the Commissioners to continue such auditor in office for
such increased or diminished district without any re-election of such

auditor.
Asso Sect. 88.—And be it enacted, that so much of the said first-recited
Tuiered Act as provides that accounts shall be made and rendered not less fre-

half-yearly. quently than once in every quarter shall be and is hereby repealed ;
and such accounts shall be made and rendered at such times and as
often as the said Commissioners may direct, but not less often than
once in every half-year.

Taxation and Sect. 39.—And be it enacted, that on application of any overseer?

allowance of or of any board of guardians, or of any attorney at law, it shall be
the duty of the clerk of the peace of the county or place, or his
deputy, if thereunto required, to tax any bill due to any solicttor or
attorney in respect of business performed on behalf of any parish or
union situate wholly or in part within such county or place; and
the allowance of any sum on such taxation shall be primd facie
evidence of the reasonableness of the amount, but not of the legality
of the charge; and the clerk of the peace shall be allowed for such
taxation after the rate to be fixed from time to time by the master
of the Crown Office, and declared by an order of the said Commis-
sioners; and if any such bill be not taxed before it is presented to the
auditor, the auditor’s decision on the reasonableness as well as the
legality of the charges shall be final.

Parishes and _ Sect. 40.—And be it enacted, That it shall be lawful for the said
unions may, Commissioners, as and when they may see fit, by order under their
within cer- hands and seal, to combine unions, or parishes not in union, or such
be combined parishes and unions, into school districts, for the management of
into school any class or classes of infant poor not above the age of sixteen

districts, Years, being chargeable to any such parish or union, who are
7 & 8 Vict. c. 101.] APPRNDIX. 287

orphans, or are deserted by their parents, or whose parents or sur-
viving parent or guardians are consenting to the placing of such
children in the school of such district: but the aad Commissioners
shall not include in any such district any parish any part of which
would be more than fifteen miles from any other part of such dis-
trict : Provided always, that when the relief of the poor has been
hitherto administered in any parish or united parishes by guardians
appointed under a local Act, and not by overseers of the poor, if
such parish or united parishes, according to the last enumeration of
the population published by authority of parliament, contain more
than twenty thousand persons, it shall not be lawful for the said
Commissioners, without the consent in writing of the majority: of
such guardians, to include such parish or united: parishes in a school
district.

Sect. 41.—And whereas it is expedient that more effectual means Districts for
should be provided for the temporary relief of poor persons found Providing
destitute and without lodging within the district of the metropolitan houseless
police, or the city of London, and the city, towns, and boroughs poor may be
named in the schedule annexed to this Act, and for avoiding the the towne
introduction of infectious disease, by the reception of such poor specified in
persons into the workhouses established for the ordinary relief of the *hedule B-)
poor within such districts and places: Be it enacted, That it shall be
awful for the said commissioners, as and when they may see fit, by
order under their hands and seal, to declare so many parishes or
unions, or parishes and unions, any part of which may be within
the district of the metropolitan police or the city of London, or
within the limits respectively of the city, towns, or boroughs named
in the schedule marked (B.) annexed to this Act, as such limits are
described in an Act passed in the third year of the reign of King
William the Fourth, “to settle and describe the division of counties,
and the limits of cities and boroughs, in England and Wales, so far
as respects the election of members to serve in parliament,” to be
combined into districts for the purpose of providing and managing
asylums for the temporary relief and setting to work therein of
destitute houseless poor who are not charged with any offence, and
who may apply for relief, or become chargeable to the poor’s rates
within any such parish or union.

Sect. 42. --And be it enacted, That a board shall be constituted for constitution
every district formed under this Act for the maintenance of a school of the dis-
or of an asylum: and every district board so constituted shall re- ee
spectively consist of members to be elected from amongst the persons and asylums.
tated within the district to the relief of the poor; and the said
commissioners shall fix the qualification of such members, such
qualitication to consist in being rated within the district to the relief
of the poor, but not so as to require a qualification exceeding: the net
annual value of forty pounds; and such members shall be elected at
such periods, not exceeding three years, and in such proportions and
in such manner, as the said Commissioners may from time to time
direct, by the guardians of every parish or union governed by a
board of ‘guardians under the provisions of the said first-recited Act
or of any local Act, and if there be no such guardians then by
the overseers of a parish not governed by such guardians: and
the chairman of every board of guardians constituted under the pro-
288 APPENDIX. [7 & 8 Vict..c. 101.

visions of the said first-recited Act shall, if he consent thereto, be
ew officio a member of any district board constituted under the pro-
visions of this Act.

Powers and Sect. 43.—And be it enacted, That every such district board shall

dulics of have such of the powers of guardians for the relief and management

boards. of the poor within any school or asylum, and for the appointment,
payment, and control of paid officers, as the said Commissioners
may direct; and the legal and reasonable orders of such district
board shall be obeyed and obedience thereto enforced in the same
manner and by the same remedies and penalties as the legal and
reasonable orders of guardians ; and it shall be lawful for the said
Commissioners, with the consent in writing of a majority of any
district board, to direct such district board to purchase or hire or
build, and to fit up and furnish a building or buildings, of such size
and description, and according to such plan, and in such manner as
the said Commisioners may deem most proper, for the purpose of
being used or rendered suitable for the relief and management of
the poor to be received into such school or asylum; and the said
Commissioners may, with the like consent, alter the district for
which such district board was originally constituted, by adding
thereto or taking therefrom any parish or parishes, union or unions
as aforesaid ; and the ‘Said Commissioners shall have the same powers
for regulating the proceedings of any district board or of any com-
mittee thereof, and for directing and regulating the appointment, .
duties, remuneration, and removal of paid officers to be appointed,
by any district board, as they have with respect to the proceedings
of boards of guardians, or with respect to paid officers to be appointed
by any board of guardians; and every such board for a school
district shall appoint, with the consent of the bishop of the diocese,
at least one chaplain of the established church as one of the paid
officers aforesaid, who shall be empowered to superintend the religious
instruction of all the infant poor being under the control of such
district board; and it shall be lawful for the said Commissioners to
issue rules and regulations for the government of any such school
or asylum, and the inmates thereof, as if such school or asylum
were a workhouse; and any orders or regulations of the said Com-
missioners made in pursuance of this Act shall be enforced in the
same manner and by the same penalties as if the same were an order
or regulation made in pursuance of the said first-recited Act: Pro-
vided always, that no rules, orders, or regulations of the said Com-
missioners, nor any regulations made by such district board, shall
oblige any inmate of any such school or asylum to attend any
religious service which may be celebrated in a mode contrary to the
religious principles of such inmate, nor shall authorize the education .
of any child in any religious creed other than that professed by the
parents or surviving parent of such child, and to which such parents
or surviving parent may object, or, in the case of an orphan or
deserted child, to which his next of kin may object: Provided also,
that it shall be lawful at all reasonable times of the day, accordin
to rules and regulations to be made for this purpose by the sai
board, for any minister of the religious persuasion professed by an
adult inmate, or of the religious persuasion in whol any child has
been brought up, or in which the parents or surviving parent, or
7 &8 Vict. c. 101.] APPENDIX. 289

next of kin, as the case may be, may desire such chi.d to be
instructed, to visit the school or asylum, at the request of such
adult inmate, for the purpose of affording to him religious assistance,
or to visit such child for the purpose of instructing such child in the
principles of his religion: Provided also, that it shall be lawful at
all times for any inspector of schools appointed by Her Majesty in
council to visit such schools, and to examine into the proficiency of
the scholars therein.

Sect. 44.—And be it enacted, That for the purpose of providing a Powers of
building for such school or asylum it shall be lawful for such district Grete
board, subject to the order of the said Commissioners, to exercise the purchasing
pewers given to boards of guardians by the said first-recited Act or And hire of
any other Act or Acts for the purchase. and hire of lands and Prenee
buildings, and to borrow, in like manner as is provided in the said
first-recited Act or in any other Act or Acts, such sum or sums of
money as may be necessary for the purpose of purchasing any site,
or purchasing, hiring, or building, and of fitting up and furnishing
such building or buildings as aforesaid, and to charge the future poor
rates of the parishes or unions, or parishes and unions, so combined
as aforesaid, with the payment of such sum or sums of money, and
interest thereon: Provided always, that the cqnsent of any rate-
payers or owners of property of any parish shall not be necessary to
any sale, exchange, lease, or other disposal by guardians or overseers
to or with any such district board of any workhouse, tenement,
building, or land: Provided also, that the principal sum or sums to sums to be
be raised for the purpose of providing any such building or buildings raise aor
as aforesaid, and charged on any union, or on any parish not in- hoaiecee
cluded in a union, shall in no case exceed one-fifth of the average asylums not
annual amount of the aggregate expenditure relating to the relief baler ng
of the poor within any such union, or of the like expenditure within part of the
any such parish, for three years pony the twenty-fifth day of pees
March next preceding the raising of such money; provided :
also, that the principal sum or sums required for the eu of pro-
viding any such building or buildings shall, if the same be borrowed,
be repaid, with all interest thereon, within a period not exceeding
twenty years.

Sect. 45.—And be it enacted, That every such district board shall be Districtboard
enabled to accept, take, and hold, on behalf of the district for which Sie OE as
they act, any lands, buildings, goods, effects, or other property as a district as a
corporation, and in all cases to sue and be sued as a corporation, by corporation.
the name of the board of management of the district school

or asylum, as the case may be.

Sect. 46.—And be it enacted, That every district board for the payment of
management of any school or asylum shall from time to time call on oleae
the parishes and unions included in such district for such contribu- trict boards.
tions as they may deem requisite for the purposes of this Act; and
notice in writing of the amount of such contributions, purporting to be
signed by the clerk or other officer of such district board, in any form
prescribed by the said Commissioners, shall, fourteen days at least
before such contribution becomes due, be forwarded, by post or other-
wise, to the clerk to the board of guardians of any union, and to two
‘at least of the overseers or other officers authorized to make and levy

U
290

Distribution
of charges
for achools,

Distribution
of charges
for asylums.

APPENDIX. [7 & 8 Vict. c. 101,

rates for the relief of the poor in every parish from whom such con-
tributions or any part thereof will become due; and if such contribu-
tions are not duly paid to the treasurer of such district board, such
district board shall, in addition to any other remedy which now is or
hereafter may be given to any persons against any board of guardians,
have the like remedy for recovery of the same from the overseers
or other officers authorized to make and levy the rates for relief of the
poor of the several parishes, whether comprised in an union or other-
wise, and which may form part of the district for which such district
board may act, as are given to guardians for the recovery from over-
seers of the contributions of parishes; and in case of any addition or
separation of parishes or unions, the said Commissioners shall ascertain
the proportionate value of property and amount of obligations of
every parish or union affected by the change, and shall fix the amount
to be received or paid, or secured to be paid, by every such parish or
union.

Sect. 47.And be it enacted, That the expenses incurred by any
district board in the purchase or hire of any building or buildings to
be used as a school, or in erecting, repairing, adding to, or fitting up
any building, and in the purchase of utensils and materials for the
employment of the inmates of such school, or of books and other
objects and things necessary for the instruction of such inmates, and
the salaries of the officers and servants of the establishment, and all
other expenses incurred on the common account of the parishes or
unions, or parishes and unions, so united for the management of any
class of infant poor, or incidental to the discharge of the duties of
such district board, shall be paid by such unions in the proportion of
the averages last declared for every such union, and by such parishes
in the proportion of the average expenditure of every such parish for
the like period and purposes as those to which the declared averages
of such unions shall relate; and the said Commissioners shall from
time to time, by order under their hands and seal, ascertain and
declare the proportion and rates of contribution in the above respects
of every such parish and union; and that all other expenses incurred
in the relief of the children under the management of such district
board shall be separately charged by such district board to the parish
or union from which each such child may be sent.

Sect. 48.—And be it enacted, That the expenses incurred by eve
such district board in the purchase or hire of any building or build-
ings, or in erecting, repairing, adding to, or fitting up any building
as an asylum, and in the purchase of utensils and materials for the
employment of the inmates of such asylum, and other objects and
things necessary for the relief of such inmates, and the salaries of the
officers and servants of the establishment, and all other expenses in-
curred by such district board in the relief of the poor, or in the
management of such asylum, or incidental to the discharge of the
duties of such district board, shall be charged by such district board
upon the parishes or unions, or parishes and unions, comprised in
Buch district, in proportion to the annual value of messuages, lands,
tenements, and hereditaments upon which such parishes and the
parishes combined in such unions are respectively assessed to the
county or borough rate, or other rate in the nature of a county or
borough rate; and where any parish or place comprised in such dis-
7 & 8 Vict. c. 101.) APPENDIX, 291

trict does not contribute in respect of the whole thereof to any county
or borough rate, the said expenses shall be paid by such parish or
place in proportion to the net annual value of all the property therein
assessed to the rates for the relief of the poor; and any information
necessary for the distribution of such charge shall be furnished, on
demand of such district board or of the said Commissioners, by every
ee officer, and by every clerk of the peace, town clerk, or other
ike officer of any county, city, town, or borough, or other place
raising rates in the nature of county or borough rates.

Sect. 49.—And be it enacted, That the poorlaw Commissioners shall Appointment
appoint some person, being at the time the auditor of some parish or for district
union situated within the district for which any district board for any boards.
school or asylum may be appointed, who shall be the auditor of suc
district, ap shall be empowered and required to audit the accounts of
each district board, and of the officers of such district board ; and the
salary of such auditor of a district shall be paid by the district board
thereof; and the said Commissioners shall have the same powers for
regulating the duties and remuneration of such auditors as they have
with respect to paid officers appointed by any board of guardians;
and it shall be lawful for the san Commissioners, as they may see fit,
to remove any auditor of such district, and in case of vacancy to
appoint another person as aforesaid to the office; and every district
board constituted under this Act, and every officer of such district
board, shall twice in the year at least, at such time and in such
manner and form as may be prescribed by the poor law Commis-
sioners, account to the auditor appointed as aforesaid; and such
auditor shall have all the powers of allowing and disallowing any
charges in such accounts as are or may hereafter be given to auditors
under the provisions of the said first-recited Act or any other Act for
the audit of accounts relating to rates for the relief of the poor; and
all sums disallowed or reduced, or charged as balances against any
person by such auditor, shall be recovered, on the application of such
auditor (which application he is hereby empowered to make), in the
same way as penalties and forfeitures under the said first-recited Act,
from the person making or authorizing such ‘illegal payment; and
within thirty days of such audit each district board shall cause to be
printed, and shall forward by post or otherwise to each board of
guardians, and to the officers of every parish within their district, an
abstract of the accounts of their district, so audited, in such form as
the Poor Law Commissioners may direct.

Sect. 50.—And be it enacted, that every guardian of every union or Guardiiae
parish included in any such district formed for the maintenance of an fect asy-
asylum shall at all reasonable times be entitled to enter the asylum of jums.
such district, and inspect any part thereof, and enter his remarks

thereon in a book to be kept for that purpose.

Sect. 51.—And be it enacted, That in any case where a parish or Children may
union is not combined in a school district, and where any part of such b? tent to

arish or union is not more than twenty miles from a district school, schools trom
the board of guardians of such parish or union may, with the consent ne
of the board of such district, send to such district school any infant combined,
poor not above the age of sixteen years, being chargeable to any such but not dis-
parish or union, who are orphans, or are deserted by their parents, OF ey ety
whose parents or surviving parent or guardians are consenting thereto} mites.
2

U
292 APPENDIX. _ [7 & 8 Vict. ¢. 101.

and the costs of the maintenance, employment, and instruction of
such infant poor in such district schools shall be paid by such board
of guardians to such district board, according to such rates and at
such times and in such manner as may be agreed upon by the said
boards, with the approbation of the said Commissioners;. and such
infant poor while at such district school shall be subject to the
control and management of such district board and their officers, in
like manner as if the said parish or union were combined in such
school district by virtue of this Act.

Repeal of Sect. 52.—And be it enacted, That the provisions of the Act passed
the Acts in the seventh year of the reign of His late Majesty King George the
7 G. 30°" Third, intituled “ An Act for the better Regulation of the Parish poor
«22, Children of the several Parishes therein mentioned within the Bills of
Mortality,” and of an Act passed in the second year of the reign of
His said late Majesty, intituled “An Act for the keeping regular,
uniform, and annual Registers of all Parish poor Infants under a
certain Age within the Bills of Mortality,” shall be and are hereby
repealed.
Class of Sect. 53.—And beit enacted, That every district board for the manage-
Sees ment of any asylum under this Act shall make provision for the
relieved in temporary relief and setting to work therein of any poor person found
such asylum. destitute within any such Aistrist, not professing to be settled in any
parish included therein, and not known to have any place of abode
there, and not being charged with any offence under the provisions
5G. 4.c. 3, of an Act passed in the fifth year of His late Majesty King George
the Fourth, intituled “An Act for the Punishment of idle and dis-
orderly Persons, and Rogues and Vagabonds, in that part of Great
Britain called England,” or of any other Act; and, subject to any
regulations of the said Commissioners, every such district board or
any committee thereof may direct the mode of admission of such poor
persons to the asylum of such district; and it shall be lawful for any
constable of the men police, or of the police of the city of
London, or any constable of the police acting under the chief con-
stable of any county, district, or division, or any constable of the
city, towns, or boroughs respectively named in the schedule marked
(B.) annexed to this Act, personally to conduct any such poor person
ound wandering abroad within any district to any asylum estab-
lished in such district in pursuance of this Act, and such poor person
shall, if there be room in such asylum, be temporally relieved therein ;
and the serjeant of police or constable conducting such poor person
shall sign his name in a column, headed to the following effect in a
book to be kept in such form and manner as the said Commissioners
may from time to time direct, by some officer of every such asylum,
trey shall be entered the alleged names of all poor persons
admitted :

Mode of ad- “ We, the undersigned constables of the metropolitan police [or of
asians inl the police of the city of London, or constable, &c., as the case
may be], do severally declare, so far as each of us is concerned
therein, that we have conducted the poor persons (whose alleged
names are set opposite to our respective signatures) to the asylum of
—— district, the said poor persons having been by us found wander-
ing abroad, and apparently destitute, and not having committed
7 & 8 Vict. ¢. 101.) APPENDIX.

or being charged with any offence punishable by law within our
knowledge.”

And every such book, purporting to be signed and to be certified at
the foot of the page by the officer keeping the same, shall be received
in all courts of justice as sufficient evidence of the fact that the poor
persons described therein were chargeable to the said district at the
time of their admission, and, if not contradicted by other evidence, of
such other particulars as are therein duly recorded ; and all poor
persons admitted into any such asylum shall, if they desire it, be
relieved with food and lodging for the night succeeding such admis-

293

Regulations
with respect
to poor per-
sonsadmitted

sion; but no such poor person shall be detained against his will for into such

any longer space of time than until the ordinary hour of breakfast of
the day next succeeding his admission, and four hours afterwards,
unless such poor person, since his admission, have become lawfully
punishable for misbehaviour within such asylum, in which case it
shall be lawful to detain such poor person for a space of time sufficient
for such punishment; but no poor person shall be punished for any
offence or misbehaviour in any asylum by confinement for any longer
space of time than twenty-four hours, and such longer space of time
as may be necessary in order to have such person before a justice of
the peace; and if any poor person so admitted as aforesaid shall be
disabled. by sickness, or shall be unwilling to depart from such asylum,
he may receive relief therein, if he consent to remain and conform to
the rules of the house, until the next meeting of the district board or
of some committee (which such district board, subject to the rules of
the said Commissioners, is hereby authorized to appoint), who shall
give such directions respecting such poor person as they may deem
right, by discharging him from such asylum, with a direction to
apply for relief in the district where he has dwelt, or otherwise as to
them may seem fit: Provided always, that, except under a medical
certificate of sickness, it shall not be lawful for the officer of any such
asylum to relieve any poor person for a longer period continuously in
such asylum than is sufficient to enable his case to be decided by the
district board or committee as aforesaid: Provided also, that if any
person received into such asylum shall wilfully give a false name, or
make a false statement, or shall be proved to have given two or more
different names on two or more different occasions, when so received
into any such asylum, such person not having lawfully changed her
name in consequence of marriage, such person shall be deemed a
rogue and vagabond within the meaning of the said Act passed in the
fifth year of the reign of His late Majesty King George the Fourth,
intituled “ An Act for the Punishment of idle and disorderly Persons,
and Rogues and Vagabonds, in that part of the United Kingdom
called England.”

Sect. 54.—And be it enacted, That every poor person relieved in any
asylum under the management of any district board shall be liable
to the same obligations in respect of the relief afforded to him asi
the same were afforded in any workhouse, and shall be subject to
the same punishment and penalties as are provided by an Act passed
in the fifty-fifth year of the reign of King George the Third, intituled

“« An Act to prevent poor Persons in Workhouses from embezzling
certain Property provided for their use; to alter and amend so much
of an Act of the Thirty-sixth year of His present Majesty as restrains

asylums.

5 G. 4. ¢. 83.

Liabilities of
persons re-
lieved in
such
asylums.

55 G. 3,
c. 137.
we

Penalty for
returning
after re-
mvyval.

5G. 4, c. 83.

Workhouse

APPENDIX. [7 & 8 Vict. c. 101.

Justices of the Peace from ordering Relief to poor Persons, in certain
cases, for a longer period than one month at a time, and for other
purposes therein mentioned relating to the Poor,” or under any other
Act or Acts, for refusal or neglect to work, in pursuance of any
regulations or directions prescribing a task of work, or for wilfully
destroying or injuring his own clothes or any property, or for ab-
sconding with any clothes or other articles provided by such district
board, or for damaging any of the property of such district board, or
for any misbehaviour in such asylum, by disobedience of the
rules and regulations in force therein, or otherwise, as if he were
relieved or set to work in any workhouse under the control ofa
board of guardians acting under the orders and regulations of the
said Commissioners in pursuance of the said first-recited Act : Pro-
vided always, that nothing in this Act contained shall relieve any
guardian, overseer, relieving officer, or master of a workhouse from
any obligation now imposed upon him by law with regard to the
relief of cases of sudden: and urgent necessity, or shall prevent the
reception into a workhouse of any person labouring under dangerous
illness, or shall authorize the transfer to an asylum of any person
received into such workhouse in a case of dangerous illness, unless
with the certificate in writing of a medical man duly licensed to
practise, to the effect that such person is then in a fit state to be
removed, and stating the manner in which such person, in the opinion
of such medical man, may be safely removed.

Sect. 55.—And be it enacted, that if any poor person return and be-
come chargeable in the asylum of any district after removal from any
aoc in such district, he shall be deemed to have returned and

ecome chargeable, without any certificate, to the parish whence he
has been legally removed by order of two justices of the peace,
within the meaning of the said Act made and passed in the fifth year
of King George the Fourth, intituled “ An Act for the Punishment of
idle and disorderly Persons, and Rogues and Vagabonds, in that part
of Great Britain called England.”

Sect. 56.—And be it enacted, That, for the purposes of relief, settle-

to bedeemed ment, and removal of poor persons, and the burial of the poor, the

to be situate
in every
parish of an
union, &c.

Committal of

o ffenders in
workhouses
to the gaol
of the place
to which the
offenders
belong.

workhouse of any union or parish, and every such district school,
shall be considered as situated in the parish to which each poor
person respectively to be relieved, removed, or buried, or otherwise
concerned in any such purpose, is or has been chargeable : Provided
always, that every birth and death within any such workhouse or
building shall be registered in the parish or place in which such
workhouse or building is locally situated; and all fees for regis-
tering births and deaths in any such workhouse or building shall be
charged by the guardians to the parish or union to which the person
dying or the mother of the child respectively is chargeable.

Sect. 57.—And be it enacted, That if any person be convicted before
any justice or justices of any offence committed in any workhouse,
while maintained therein, or of absconding from any workhouse, and
carrying away clothes or other property therefrom, and be liable to
be committed for such offence to any gaol or house of correction,
it shall be lawful for the justice or justices before whom such person
is convicted to commit such person to the common gaol or house of
correction of the county or place in which the parish is situated to
¢ & 8 Vict. c. 101.] APPENDIX,

which such person at the time of the commission of the offence was
chargeable, notwithstanding that such workhouse may not be
situated in such county or place, and notwithstanding that such
justices may not be justices of such county or place; and if such
person have not goods or money within such county or place suffi-
cient to bear the charges of himself and those who convey him, then
such charges shall be defrayed at the expense of the county, place,
or parish, according to the provisions of an Act passed in the twenty-

295

seventh year of the reign of King George the Second, intituled “ An 97 q. 2,¢. 8.

Act for the better securing to Constables and others the Expenses of
conveying Offenders to Gaol; and for allowing the Charges of poor
Persons bound to give Evidence against Felons ;” Provides that in
cases of such conviction and committal as aforesaid all further
proceedings in respect thereof may be taken; and the costs and
charges of such proceedings, and for the maintenance ef such
offender in such goal or house of correction, shall be payable in like
manner and under the like authority as such proceedings would
have been taken, or as such costs and charges would have been
payable, in case the offence had been committed within the parish
or place to which such offender was chargeable at the time when he
committed such offence.

Sect. 58—-And whereas by the said Act passed in the fifty-fifth year punishment

of the reign of King George the third it is enacted, That if any person
or persons shall desert or run away from any workhouse or work-

other goods as aforesaid, such person or persons, being thereof law-
fully convicted, either by the confession of such party or parties, or by
the oath or oaths of one or more credible witness or witnesses, before
any justice or justices of the peace, shall by such justice or justices of
the peace be forthwith committed to the common gaol or house of cor-
rection, there to remain without bail or mainprise for the space of
three calendar months; and it is further enacted, that in case any
person or persons maintained in any public workhouse or workhouses
established for the relief, maintenance, and employment of the poor
shall refuse to work at any work, occupation, or employment suited
to his, her, or their age, strength and capacity, or shall be guilty of
drunkenness, or other misbehaviour, every such person or persons,
being thereof lawfully convicted before any justice or justices of the
peace Shall thereupon by such justice or justices of the peace be com-
mitted to the common gaol or house of correction, there to remain
without bail or mainprise for any period of time not exceeding
twenty-one days, and during such time to be kept to hard labour:
And whereas it is desirable that justices of the peace should have a
power to commit such persons as are first mentioned for a period
less than three months, and such persons as are last mentioned for
a period greater than twenty-one days, in cases of repeated offences :
Be it therefore enacted, that it shall be lawful for any justice or
justices to commit any such person as is first mentioned to the
common gaol or house of correction, to be kept there in the manner
provided by the said recited Act for any period not less than seven
days nor greater than three months, and to commit any such persons
as are last mentioned, in case such persons have been before convicted
of a like offence, to the common gaol or house of correction, in man-

of persons in
workhouses
. : e for miscon-
houses, and carry away with him, her, or them any clothes, linen, or duct.
Costs of cer-
tain civil and
criminal
proceedings
to be paid
out of poor
rates.

Expenses of
jury lists
und boun-
daries of
parishes may
be paid out
of poor rates.
6 G. 4, c. 50.

APPENDIX. [7 & 8 Vict. c. 101.

ner provided by the said Act, for any period not exceeding forty
days.

Sect. 59.—And be it enacted, That it shall be lawful for any board
of guardians or district board to pay out of the funds in their hands
the reasonable costs of the apprehension and of the prosecution of
any person who, according to the laws in force at the time being,
is charged with refusing or neglecting to maintain himself or his
family, or with running away and leaving his family ees or
whereby such family has become chargeable, or with wilfully neg-
lecting or disobeying the rules, orders, and regulations of the Poor
Law Commissioners, or with any offence or misbehaviour in any
workhouse, or with deserting or running away from any workhouse,
and carrying away clothes, linen, or other on or things belong-
ing to any workhouse, or given or procured or provided as or for
relief, or with neglect or disobedience of the reasonable and lawful
orders of justices or guardians, or of any district board, in the
administration of the laws relating to the relief of the poor, or with
obstructing or assaulting any officer engaged in the administration
of the laws for relief of the poor, or with fraudulently obtaining,
stealing, purloining, embezzling, wasting, or injuring, or wilfully
misapplying any property applicable to or connected with the relief
of the poor, or with any offence directly affecting the administration
of the laws for the relief of the poor, and the reasonable costs of
apprehending and learns any officer who may have been
employed in the administration of the laws for the relief of the
poor, for any neglect or breach of any duty of his office, or for any
maltreatment or abuse of any poor person; and, subject to the
approval of the said Commissioners, every board of guardians or dis-
trict board shall pay the costs of all legal proceedings taken by any
auditor, or under his direction, for the protection of the poor rates, or
property of any parish, union, or district, or taken by any other
person whom the board of guardians or district board have authorized
or dirécted to institute such prosecution or legal proceedings; and
to the extent to which any such costs may not be repaid by the
offending or other party, or from the county, liberty, or borough
rates, the guardians of any union then may, in any of the cases
aforesaid, having due regard to the circumstances of the case, and
subject to the approval of the Poor Law Commissioners, charge
such expenses, elther to the common funds of the union, or to
any parish or parishes comprised therein; and the district board
of any district may, having like regard to the circumstances of
the case, and subject to the like approval of the Poor Law Com-
missioners, charge such expenses, either to the funds of the whole
of such district, or on any one or more. of the unions and parishes
comprised therein.

Sect. 60.—And be it enacted, That the costs, charges and expenses
properly incurred by the officers of the parish in making out, pre-
paring, printing, and collecting the lists of persons qualitied to serve
on juries, according to the provisions of the Act in the sixth year of
the reign of His Majesty King George the Fourth, intituled “An
Act for consolidating and amending the Laws relative to Jurors and
Juries,” and relating thereto, shall be paid and allowed to them out
of the poor rates of the parish, together also with all expenses properly
? & 8 Vict. c. 101.] APPENDIX.

incurred by the same officers on the perambulation of the parish, and
in setting up and keeping in proper repair the boundary stones of the
parish, provided that such perambulations do not arise more than
once in every three years.

Sect. 61—And whereas by an Act passed in the third year of the
reign of Her Majesty Queen Victoria, intituled “An Act to amend
the Laws relating to the Assessment and Collection of Rates forthe
Relief of the Poor,” it was amongst other things enacted, “That all
orders heretofore made and issued under the hands and seals of the
Poor Law Commissioners, and not rescinded by them or quashed
before the sixth day of May in the present year, by which the said
Commissioners may have directed the overseers or guardians of any
parish or union to appoint any person to collect the rates for the
relief of the poor in any parish or parishes, or shall have detined or
specified or directed the execution of the duties of such person, or
the places or limits within which the same shall be performed, or
shall have directed the mode of appointment, or determined the
continuance in office or dismissal of any such person from his office,
or the amount or nature of the security to be given by any such
person, or shall have regulated the amount of salary payable to any
such person, or the time or mode or the proportions of payment
thereof, shall be deemed and the same are hereby declared to have
the same force and validity as if the same had been warranted by
an Act passed in the fourth and fifth years of the reign of His late
Majesty King William the Fourth, intituled ‘ An Act forthe Amend-
ment and better Administration of the Laws for the Relief of the
Poor ;’? and the Commissioners shall have the same powers and
authorities with respect to all such orders, and to the persons ap-
pointed in pursuance thereof, as they have with respect to orders
made and issued, and the paid officers appointed, under the pro-
visions of the said Act; and that every person appointed by
guardians of the poor under any such order of the said Commis-
sioners shall have the like powers, authorities, privileges, immunities,
protections, and remedies, in and for the performance of his duty
under such order, as are by law given to the overseers of the poor
in the performance of the like duty :” and it is expedient that such

297

Collectors
appointed by
guardians
may be ap-
pointed to
perform the
duties of
assistant
overseers,

2 & 8 Vict.
c. 84,

4&5W.4
c. 76.

collectors should in certain cases be invested with other of the duties ,

of overseers of the poor: Be it enacted, That the inhabitants in
vestry assembled, of any parish situated within the district for
which any collector or assistant overseer appointed under any order
of the said Commissioners now acts may appoint such collector or
assistant overseer to discharge all the duties of an overseer of the
poor, in addition to those of collector of poor rates for such parish,
and in the same manner as if he were appointed thereto as an
assistant overseer under the provisions of an Act passed in the fifty-
ninth year of the reign of His late Majesty King George the
Third, intituled “An Act to amend the Laws for the Relief of the
Poor ;” and wherever any such collector or assistant overseer has
been or may be appointed under any order of the said Commissioners,
and whilst the said order remains in force, the powers of any vestry
or parish officers, or of any other persons, other than the board of
guardians of such parish or union (if a board of guardians have

59 G.8.c. 12,

been constituted), to appoint any collector or assistant overseer, and.
APPENDIX. [7 &8 Vict. c. 101.

(if so directed by the said Commissioners) every appointment under
such powers shall cease: Provided always, that where the appoint-
ment of such assistant overseer shall have been made under the
powers of any local Act of Parliament of a parish containing more
than twenty thousand persons such appointment shall continue, and
the powers of such local Act, as to any future appointment of an
assistant overseer, shall be exercised, but subject always to the powers
of the Poor Law Commissioners, notwithstanding the provisions
of this Act: Provided always, that no overseer shall be discharged
by the appointment of any such collector or assistant overseer from
his responsibility for the provision and supply of monies necessary
for the relief of the poor, or for any of the purposes to which the
rates made for the relief of the poor may fe y law applicable ;
and even collector appointed or to be hereafter appointed as afore-
said, and every assistant overseer appointed or hereafter to be ap-
pointed, in pursuance of the said Act of the fifty-ninth year of the
reign of King George the Third, or of the orders of the said Com-
missioners, shall, subject to the rules of the Poor Law Commissioners,
obey, in all matters relating to the duties of overseer, all directions
of the majority of the overseers of the parish for which he acts;
and the said Commissioners shall have the same powers with respect
to all collectors or assistant overseers as are given to them by the
said first-recited Act with respect to paid officers; and every col-
lector or assistant overseer appointed as aforesaid shall be bound to
give to the board of guardians of the parish or union, or if there
be no such board of guardians then to the overseers of the parish
for which such collector or assistant overseer may act, sufficient
security for the due performance of his duties; and no bond or any
other security entered into in pursuance of this Act, or of the said
Act of the fifty-ninth year of the reign of King George the Third,
shall be charged or chargeable with, or be deemed to be or to have been
subject or liable to, any stamp duty whatsoever; and wherever any
parish for which such collector or assistant overseer may be appointed
is situated in an union, or is governed by a board of guardians, every
bond or security given by any officer, in pursuance of this Act, or of
the said Act of the fifty-ninth year of the reign of King George the
Third, or of the said first-recited Act, and not contrary to the rules
of the said Commissioners, shall, if the guardians shall see fit, be put
in suit by the board of guardians of the union in which the parish or
district for which the officer acts or has acted may be situated, not-
withstanding that such bond or security may have been originally
given to the overseers of a parish, or to any other persons; and
every bond or security given by or on account of any officer appointed
by any board of guardians, for the due performance of the office to
which he is so appointed, shall remain in full force and effect, not-
withstanding any change in district for which such officer may have
been appointed or required to act at the time when such bond or
security was given, or the addition of any parish to or the separation
of any parish from such union since the giving of such security.

Sect. 62.—And be it enacted, That if the board of guardians of
any parish or union make application to the said Commissioners to
direct the appointment of a paid collector of the poor rates in such
parish or union, or in any parish or parishes of such union, it shall
7 & 8 Vict. c. 101] APPENDIX. 299

be lawful for the said Commissioners, by order under their hands and guardiuns,

seal, to direct the said board of guardians to appoint such a collector ; ™2¥ direct
z eae é ppointment

and the said Commissioners shall have the same powers with respect of paid

to such collectors as are given to them by the said first-recited Act collector of

with respect to paid officers; and all powers of the inhabitants of any 2° ™™**

parish in vestry assembled, or of justices of the peace, or of any per-

sons, other than the board of guardians of such parish or union, to

appoint any collector for any such parish as aforesaid, and (except

when otherwise directed by the said Commissioners) all appointments

under such powers, shall cease.

Sect. 63.—And be it enacted, That if the overseers of any parish Penalty on
wilfully neglect to make or collect sufficient rates for the relief of preci
: i P glecting to

the poor, or to pay such monies to the guardians of any parish or obtain a
union as such guardians may require, and if by reason of such supnly of

. : . . ‘unds for the
neglect any relief directed by the board of guardians to be given to yetief of the
any poor person be delayed or withheld during a period of seven poor.
days, every such overseer shall upon conviction thereof forfeit and

pay for every such offence any sum not exceeding twenty pounds.

Sect. 64.—And be it enacted, That the guardians of every parish In what

or union acting under any local Act for the relief of the poor shall guardians
hold their meetings once in every fortnight, or oftener, and in all under local
matters concerning the relief of the poor shall act as a board at a Actsshall,
meeting, and not individually ; and whenever under any such local proceedings.
Act there is no person particularly designated or authorized to act

as chairman, such guardians shall elect and appoint annually, and
from time to time as vacancies may occur, a chairman and vice-
chairman of such board, and shall at any meeting at which no
chairman or vice-chairman is present elect a temporary chairman to
preside at that meeting : Provided always, that when the relief of the Parishes :
poor has been hitherto administered in any parish by guardians ap- SE eee
pointed under a local Act, and not by overseers of the poor, if such population
arish, according to the last enumeration of the population published cece dInG ,
by authority of parliament, contain more than twenty thousand to be united
persons, it shall not be lawful for the said Commissioners, after the siihout con-
nassing of this Act, without the consent in writing of two-thirds at prordians.
Jeast of such guardians, to declare such parish to be united witany
other parish for the administration of the laws for the relief of the
poor, anything in the said first-recited Act to the contrary not-
withstanding: Provided, however, that nothing herein contained Exception as
shall prevent the said Commissioners from including any such to vagrant
last-mentioned parish in a district for roviding and managing AN districts.
asylum for the temporary relief of and setting to work of desti-
tute houseless poor, or from including such parish in a district for
the audit of accounts, under the provisions of this Act, except as

hereinafter enacted.

s 65.—Provided always, and be it enacted, That where any Parishes with
Sn is not governed, by a board of guardians consemtedl cea
under the said first-recited Act, or comprised in any union, but is 20,000, under
governed by guardians and directors under a local Act, and contains tee
a population exceeding twenty thousand persons, according to the adopted the
last enumeration of the population published by the authority of provisions of

parliament, have before the first day of January in this present ' ©? ¥- %
300 APPENDIX. [7 & 8 Vict. ¢. 101.

c.60,and year adopted and acted upon the provisions of an Act passed in the
parishes in second year of the reign of King William the Fourth, intituled, “ An
politan dis- Act for the better Regulation of Vestries, and for the Appointment
trict having of Auditors of Accounts, in certain Parishes of England and Wales,”
ou and that where any two or more parishes situated within the dis-
includedin trict of the metropolitan police, containing together a population
any air? exceeding twenty thousand, according to the last enumeration of
for audit of 3 5 : .
accounts. the population published by the authority of parliament, have been
united for the purposes of rating or settlement under the provisions
of any local Act, and are governed by guardians or directors under
such local Act, and have not been comprised in any union formed
under the provisions of the said first-recited Act, and have an
auditor or auditors appointed and acting under any provisions of
such local Act relating to the audit of accounts in such parishes,
it shall not be lawful to include such parish or such two or more
parishes respectively in any such district for the audit of accounts :
Proviso, Provided always, that it shall be lawful for any assistant Poor Law
Commissioner to be present at any audit as if the same were a meet-
ing of a board of guardians or vestry, and to inspect, examine, and
take copies or extracts from any books, accounts, or vouchers pro-
duced at such audit.

Commis- Sect. 66.— And whereas it is provided by the said first-recited Act
sioners may that the said Commissioners may, from time to time as they may
separate gee fit, by order under their hands and seal, declare any union not
parishes eee . d
from unions, united for the eld es of settlement or rating to be dissolved, or
or add any parish or parishes to be separated from or added to any such
borers’ ‘° union, and that such union shall thereupon be dissolved, or such
without the parish or parishes shall thereupon be separated from or added to
ome such union accordingly ; And it is thereby further provided, that no
af the such dissolution, alteration, or addition shall take place or be made
union. unless a majority of not less than two thirds of the guardians of
such union concur therein; and it is expedient to enable the said
Commissioners to separate any parish or parishes from any union, or
to add any parish or parishes to any union, without the concurrence
of the guardians of such union respectively: Be it enacted, that it
sha be lawful for the said Commissioners to exercise the powers
given to them by the said Act for the separating of any parish or
parishes from any union formed under the provisions of the said Act,
or for the addition of any parish or parishes to any such union,
without the concurrence of the guardians of such union respectively
in such separation or addition; and the said Commissioners may, if
they see fit, cause a board of guardians to be elected under the pro-
visions of the said Act for any single parish separated from any
union in pursuance hereof, notwithstanding the provisions of any
local Act in force in such parish.

Repeal of Sect. 67.—And be it enacted, That so much of an Act passed in
550. ,, the fifty-fifth year of the reign of His late Majesty King George
asto notices the Third, intituled “ An Act to prevent poor Persons in Workhouses
of contracts from embezzling certain Property provided for their use; to alter
for supp'yi"® and amend so much of an Act of the Thirty-sixth Year of His present

Majesty as restrains Justices of the Peace from ordering Relief of

poor Persons in certain cases for a longer period than one Month at a
7 & 8 Vict. c. 101.] APPENDIX. 301

time; and for other purposes therein mentioned relating to the
Poor,” as relates to the giving of notice of the intention to enter
into contracts relating to the relief of the poor, shall be and the
same is hereby repealed.

Sect. 68.—And be it enacted, That notwithstanding anything con- Clerks and
tained in an Act passed in the seventh year of the reign of Her ae
Majesty, intituled “‘An Act for Consolidating and Amending several of ceedings
the Laws relating to Attornies and Solicitors practising in England before jus:
and Wales,” it shall be lawful for any clerk or other officer to any board ea
of guardians constituted under the said first-recited Act or under any behalf of
local Act, or to any district board, if duly empowered by such board, poords,cr
to make or resist any application, claim or complaint, or to take and although not
conduct any proceedings on behalf of such board before any justice certified
or justices of the peace at petty or special sessions or out of sessions,
although such clerk or officer be not an attorney or solicitor, or have
not obtained a stamped certificate in pursuance of the provisions of
the said Act..

Sect, 69.—And be it enacted, That it shall be lawful for any board Guardians,
of guardians or district board, at any meeting thereof to make a cer- make a ser-
tificate in the form or to the effect contained in the schedule of this tain certfi-
Act marked (C.), and that every such certificate, and every copy of a Sos? mich
minute of any order, complaint, claim, application, or authority of ceived in
any such board of guardians or district board, purporting respectively evidence,
to be signed by the presiding chairman of such guardians or district “~
board, and to be sealed with their seal, and to be countersigned by
their clerk, shall, unless the contrary be shown, be taken to 2 suffi-
cient proof of the truth of all the statements contained in such certi-
ficate, and of the directions respecting such order, complaint, claim,
or application having been given as alleged in the copy of such
minute, and shall be received in evidence accordingly by and before
all Courts of justice and all justices, without any proof of the signa-
tures or of the official characters of the persons signing the same, or
of such seal, or of such meeting ; and that for the purpose of making
any order of removal or other order no further or other evidence of
chargeability than such certificate shall be required, provided that
every such order bear date within twenty-one days next after the day
of the date of such certificate.

Sect. 70.—And be it enacted, That in any proceedings to be had Justices at
before justices in petty or special sessions, or out of sessions, under Petty ses",
the provisions of this Act or of any of the Acts required to be con- of sessions,
strued as one Act herewith, if any party to such proceedings re- may summon
quest that any person be summoned to appear as a witness in such ei compel
proceedings, it shall be lawful for any justice to summon such person them to at-
to appear and give evidence upon the matter of such proceedings, ‘nt anasive
and if any person so summoned neglect or refuse to appear to give
evidence at the time and place appointed in such summons, and if
proof upon oath be given of personal service of the summons upon
such person, and that the reasonable expenses of attendance were paid
or tendered to such person, it shall be lawful for such justice, by
warrant under his hand and seal, to require such person to be brought
before him, or any justices before whom such proceedings are to be
had ; and if any person coming or brought before any such justices
Rules, &c.
printed by
the printer
authorized
by Her Ma-
jesty to be
received in
evidence.

Evidence in
legal pro-
ceedings of
the trans-
mission of
the Commis-
sioners’
rules, &c.

Convey-
ances, &c.
for work-
houses to
be

enrolled.
9G 2,¢c 36.

APPENDIX. [7 & 8 Vict. ec. 101.

in any such proceedings refuse to give evidence thereon, it shall be
lawful for such justices to commit such person to any house of correc-
tion within their jurisdiction, there to remain without bail or main-
prize for any time not exceeding fourteen days, or until such person
shall sooner submit himself to be examined, and in case of such sub-
mission the order of any such justice shall be a sufficient warrant for
the discharge of such person.

Sect. 71.—And whereas it is provided by the said first-recited Act
that allrules, orders, and regulations made by the said Commissioners
under the authority of the said Act shall be as valid and binding,
and shall be obeyed and observed, as if the same were specifically
made by and embodied in the said Act; but no sufficient provision is
made for bringing such orders to the knowledge of Courts ‘of
justice: Be it therefore enacted, That any copy of any such rule,
order, or regulation, printed by the printer duly authorized by Her
Majesty or any of Her royal ae or successors, shall, after
the lapse of fourteen days from the date thereof, be received in
evidence and judicially taken notice of, and shall, until the contrary
be shown, be deemed sufficient proof that such order was duly made,
and is in force.

Sect. 72 And whereas it is provided by the said first-recited Act
that a written or printed copy of every rule, order, or regulation
of the said Commissioners shall, before the same shall come into
operation in any parish or union, be sent by the said Commissioners
by the post, or in such manner as the Commissioners shall think fit.
sealed or stamped with their seal, addressed to the overseers of such
parish, the guardians of such union, or their clerk, and to the clerk
to the justices of the petty sessions held for the division in which such
parish or union shall be situate: And whereas the proof of such send-
ing is often attended with great expense and difficulty : Beit enacted,
That it shall not in any civil or criminal proceeding be necessary to
prove such sending, except to the clerk to the guardians of the
union or of the parish, or, where there shall be no guardians, to the
overseers of the parish within which such rule, order, or regulation is
intended to have effect; and that it shall in no case be necessary to
prove such sending, unless reasonable notice in writing be. given, by
the party une such proof, to the party upon whom such proof
would lie, that such proof will be required ; and whenever it is proved
to the satisfaction of the Court that the said rule, order, or regulation
was sent, and that the party was cognizant thereof, such Court shall
order the reasonable expenses of the witness or witnesses proving
the same to be paid by the party who has given such notice, and such _
expenses shall be recoverable as penalties and forfeitures under the
first-recited Act.

Sect. 73.—And be it enacted, [That in all cases where any mes-
suages, lands, or hereditaments, or any estates or interest therein, have
or hath been conveyed or assured, or purported to be conveyed or

ean not assured, either gratuitously or for valuable consideration, to or in

trust for the churchwardens and overseers of the poor, or the over-
seers only, or the guardians of any parish or parishes respectively, or
otherwise for the benefit of any parish or parishes respectively, or
to or in trust for the guardians of any union, for the purpose of pro-
viding a workhouse or asylum, or workhouses or asylums, for the
7 & 8 Vict. c. 101.] APPENDIX.

accommodation of the poor of such parish or parishes or union respec-
tively, every such conveyance or assurance shall be deemed good and
valid for all purposes whatsoever, notwithstanding that such convey-
ance or conveyances have not been enrolled pursuant to the statute
passed in the ninth year of the reign of His late Majesty King George
the Second, intituled “An Act to restrain the Disposition of Lands
whereby the same became inalienable.”

Sect. 74.—And be it enacted, That this Act shall be construed in
the same manner as the Act passed in the sixth year of the reign of
Her present Majesty, intituled “An Act to continue until the
Thirty-first day of July One thousand eight hundred and forty-
seven, and to the End of the then next Session of Parliament, the
Poor Law Commission, and for the further Amendment of the Laws
relating to the Poor in England,” and as one Act with the same, and
with the Acts and provisions thereby required to be construed as one
Act; and the wont “month” shall be taken to mean calendar month ;
and the words “clerk of the peace” shall be taken to mean the clerk
of the peace or other officer discharging any of the duties of
clerk of the peace for any county, division of a county, riding,
borough, liberty, division of a liberty, precinct, county of a city,
city, county of a town, town, cinque port, or town corporate;
and the words “ licensed minister” in the said first-recited Act,
and “ minister ” in this Act, shall be construed to mean and include
every person in holy orders, and also every person teaching or
preaching in any congregation for religious worship whose place
of meeting is certified and recorded according to law; and
except where it is otherwise expressly provided, all provisions in any
Act now passed or hereafter to be passed, relating to the officers of
boards of guardians constituted under the provisions of the said first-
recited Act, or to the workhouses under the management of such
guardians, shall apply to all officers appointed by any district
board, and to all workhouses under the management of any district
board.

Sect. 75.—And be it enacted, That this Act shall extend only to
England and Wales.

Sect. 76.—And be it enacted, That this Act shall come into opera-
tion on the day next after that on which Her Majesty gives her assent
thereto.

Sect. 77.—And be it enacted, That this Act may be amended
or repealed by any Act to be passed in this present session of par-
liament.

SCHEDULE (B.)
City, Towns, and Boroughs.

LIVERPOOL. LEEDs.
MANCHESTER. BIRMINGHAM.
BrIsToL

303

Construction
of Act5 & 6
Vict. c, 57.

Act limited
to England
and Wales.

When Act to
operate.

Act may be
amended
this session.
304 APPENDIX. (8 & 9 Vict. ce. 117.
SCHEDULE (C.)

The board of guardians of the poor of the —— union [or parish
of ——] do hereby certify, That on the —— day of —— A.B. and
his wife U.B. and his child £.B., became chargeable to the parish of
—~— in the said union [or to the said union].

In testimony whereof the common seal of the said guardians is
hereunto affixed at a meeting of their board this —— day of ——
18—. ;

(u.s.) (Signed) W.J., presiding chairman of the said board.
(Countersigned) C.D., clerk [or acting as clerk] to the
board of guardians of ——.

8 & 9 Vict. c. 117.

An Act to amend the Laws relating to the Removal of poor Persons
born in Scotlund, Ireland, the Islands of Man, Scilly, Jersey, or
Guernsey, and chargeable in England. [8th August, 1845.]

Whereas it is expedient that laws relating to the removal of poor
persons born in Scotland or Ireland, or in the Islands of Man, Scilly,
Jersey, or Guernsey, and not settled in England, but chargeable to
parishes in England, should be amended: Be it therefore enacted by
the Queen’s most excellent Majesty, by and with the advice and con-
sent of the lords spiritual and temporal, and commons, in this
re parliament assembled, and by the authority of the same, that

enl 0 rom and after the passing of this Act so much of the following Acts

Rep f i

ine s & é of parliament, and of all Acts to amend or continue the same, as
aa; a ’ relates to the removal of such poor persons from the parishes to which
3&4W.4, they are chargeable, except so far as any of the said Acts may repeal.
-Wv34 g the provisions of any former Act, and except as to all orders made
1 Viet. c. 10; under the same or any of them, and not fully executed at the passing -
Bee of this Act, shall be and the same is hereby repealed ; (namely) an
ae ie 5 Act made in the eleventh year of the reign of King George the Fourth,

“to repeal the provisions of certain Acta relating to the removal of
ids ite and poor persons born in the Isles of Jersey and Guernsey,
and chargeable to parishes in England, and to make other provisions
in lieu thereof;” an Act made in the fourth year of the reign of King
William the Fourth, “to repeal certain Acts relating to the removal
of poor persons born in Scotland and Ireland, and chargeable to
parishes in England, and to make other provisions in lieu thereof until
the first day of May, One thousand eight hundred and thirty-six,
and to the end of the then next session of parliament.”

Provision for Sect. 2.—And be it enacted, that if any person born in Scotland
removal of or Ireland, or in the Isle of Man, or Scilly, or Jersey, or Guernsey,
Heth not settled in England become chargeable to any parish in England
Irelane, and by reason of relief given to himself or herself, or to his wife,
Me cae or to any legitimate or bastard child, such person, his wife, and
Jersey, and) any child so chargeable, shall be liable to be removed respec-
Guernsey. tively to Scotland, Ireland, the Isle of Man, Scilly, Jersey, or

Guernsey ; and if the guardians of such parish, or of any union in

which the same may be comprised, or, where there are no such
8 & 9 Vict. c. 117.] APPENDIX. 305

guardians, ifthe overseers ofsuch parish, complain thereof to any one jus-
tice of the peace, such justice may, if such person do not attend volun-
tarily, summon him to come before any two justices of the peace, at any
time and place to be named in the summons ; and at such time and
place, or on the attendance of such person, any two justices.may hear
and examine into the matter of such complaint, and if it be made to
appear to their satisfaction that such person is liable to be so removed
as aforesaid, and if they see fit, they may make and issue a warrant
under their hands and seals to remove such person forthwith at the
expense of such union or parish.

Sect. 3.—And be it enacted, that every person to whom any Persons exe-
warrant made in pursuance of this Act shall be delivered for the cuting war-
purpose of being carried into execution shall detain and hold in safe “nso "
custody every poor person mentioned therein, until such poor person have the
have arrived at the place to which he is ordered to be removed, and athority of
shall for that purpose, in every county and place through which he
may pass in the due execution of such warrant, have and exercise the
powers with which a constable is by law invested, notwithstanding
such person may not otherwise be empowered to act as a constable for

such county or place.

Sect. 4.—And be it enacted, that the justices of the peace of every Justices of
county shall at some general or quarter sessions of the peace or some the peace to

constables,

adjournment thereof, and the justices of the peace in petty sessions of feetianovs

every borough shall within eight months after the passing of this for removal
Act, make regulations for the more effectually carrying into effect of Scottish
the provisions of this Act for the removal of such poor persons, their poor, &c. to
wives and children, whether by land or sea, or part of the way by their respec-
land and ee by sea ; and such justices may from time to time there- tar
after, as they may see occasion, make other regulations for the same residence.
purpose; and such justices shall in such regulations provide, so far as

may be, for the removing of persons born in Ireland, and their fami-

lies, to the ports named in the schedule marked (A.) to this Act

annexed which are nearest to the respective places where such

persons were born or have resided, unless where any such persons

consent to be removed to any other port or place in Ireland, and as

regards persons born in Scotland, and their families, to the ports

named in the schedule marked (B.) to this Act annexed which are

nearest the respective places where such persons were born or have

resided, or to places not being ports, but being as near as such ports to

the respective places where such persons were born or have resided

unless where any such persons consent to be removed to any other

port or pe in Scotland; and such regulations, when approved by

one of Her Majesty’s principal secretaries of state, shall be observed

and carried into effect by all justices of the peace, guardians, overseers,
constables, and other persons charged with or concerned in such

removal in such respective county or borough; and until such regu-

lations for any county or borough have been so approved, all rules,

orders, regulations, and directions heretofore made for the removal
therefrom of persons born in Scotland, Ireland, or the Isles of Man,

Scilly, Jersey, or Guernsey, shall continue in force, but no longer.

Sect. 5.—And beit enacted, that in the case ofany parish notin union, Expenses of

and not containing a population exceeding thirty thousand persons parishes to
=
306 APPENDIX. [8 & 9 Vict. ec. 117.

be repaid out according to the last census published by the authority of parliament,
of county if the guardians or overseers on whose complaint such warrant of
° removal was made bring or send to the clerk of the peace of the
county or to the town clerk of the borough in which such parish is
situate such warrant of removal, accompanied with an affidavit, sworn
before some justice of the peace of such county or borough fue
shall be authorized to administer the same) of the amount of the
expenses bond, fide incurred and paid by such guardians or overseers
on account of such removal under such warrant as aforesaid, and also
a statement of the several items comprised in such amount, such
clerk of the peace shall lay the same before the justices of the peace
assembled at the quarter session or adjournment thereof holden for
such county next after he has received the same, and such town
clerk shall lay the same before the council of such borough at their
quarterly meeting held next after he has received the same; and the
said justices and council of such borough eepetey shall, if the
regulations in force in regard to such removal have been duly com-
plied with, order the amount of such expenses to be paid out of the
county rates raised in such county or out of the borough fund of such
borough, as the case may be.

Appeals Sect. 6.— And be it enacted, that if any board of guardians of any
ogainet such union in Ireland, or the heritors and kirk session or borough magis-
be lodged at trates in Scotland, think themselves aggrieved by any removal of any
Uae poor person under the provisions of this Act, and if they forward to
guardians in the Poor Law Commissioners a statement of the case, and of an
Ireland and grounds for concluding that such poor person is settled in any paris
of kink ses- in England, or was not in law liable to be removed to Ireland or
or borough Scotland, as the case may be, and if they or any persons on their
magintrates behalf give good security in England to the said Commissioners for
snipes “he payment of all costs which may be incurred in any appeal against
the warrant for the removal of such poor person, such Commissioners,
if satistied that it will be expedient so to do, may appeal on behalf of
the persons so aggrieved, to the Court of Quarter Sessions holden for
the county or borough from which such removal was made, held at
any time within six months after such removal was completed ; and
such Commissioners shall, at least twenty-one days before the holding
of such session, send by post or otherwise, to the guardians or over-
seers on whose application such warrant was obtained, notice in
writing, purporting to be signed by their secretary or one of their
‘assistant secretaries, of their Intention to appeal against such warrant,
‘containing a statement in writing of the ground of such appeal; and
such Court of Quarter Sessions shall hear and determine such appeal ;
and if the warrant of removal is reversed by such Court, the guneiund
or overseers on whose application the same was obtained shall pay
the costs and the necessary expenses and charges incurred by or on
account of such board of guardians, or heritors and kirk session or
borough magistrates respectively, in conveying the poor person
removed under the same back to such parish ; and if they refuse or
neglect to pay the same within seven days after demand thereof, the
persons on whose behalf such appeal was brought, or any person
authorized by them, may recover the same as penalties and forfeitures :
provided always, that the said guardians or overseers may at any
time after such notice of appeal give or send by post notice in writing
under the hands of any two or more of them to the said Commissioners,
8 & 9 Vict. c. 117.] APPENDIX. 307

that they abandon such warrant, and thereupon such warrant shall be
of no effect ; and such guardians and overseers shall pay to the persons
on whose behalf such notice of appeal was given, or to some person
authorized by them, the expenses incurred by or on account of such
persons by reason of such warrant, and in any proceeding consequent
thereon, and the necessary expenses and charges of conveying the
person removed under the same back to such parish; and if they do
not pay the same within seven days after demand the same may be
recovered as penalties and forfeitures.

Sect. 7.—And be it enacted, That the said Act of the fifth year of The Poor
the.reign of King William the Fourth, “for the Amendment and Lew Amend-
better Administration of the Laws relating to the Poor in England and and this Act
Wales,” and all Acts to amend and extend the same, and the present to be con-
Act, except so far as the provisions of any former Act are altered, {7ye4 #80"?
amended, or repealed by any subsequent Act, shall be construed as
one Act; and that in this Act, or any of the said Acts, the word
“ county” shall mean and include any county, division of a county,
riding, or liberty, having a separate commission of the peace: and
that in this Act the word “borough” shall mean any borough having
a separate Court of Quarter Sessions.

Sect. 8.—And be it enacted, that in all proceedings under this Act Forms in
it shall be sufficient in law to use, with such changes only as the facts the schedule
of each case may require, the forms contained in the schedule marked jn pr

7 = in proceed-
(C.) to this Act annexed, for the purposes in the titles to such formes ings under
reapectively specified. this Act.

Sect. 9.— And be it enacted, that this Act may be amended or Alteration of
repealed by any Act to be passed in this session of parliament. Act.

SCHEDULE (A.)
Ports 1n IRELAND.

 

DvusBLin. Cork. BELrFast.
WEXFORD. LIMERICK, DunDALKX.
WATERFORD. DERRY.
SCHEDULE (B.)

Ports In SCOTLAND.
DuMFRIES. GLasGow. ABERDEEN.
Ayr. Opan. DuNDEE.
GREENOCK. INVERNESS. EDINBURGH.

 

SCHEDULE (C.)

Form of Warrant of Removal of Persons born in Scotland or
* Ireland, or in the Isle of Man, or Scilly, or Jersey, or Guernsey.
: To —.
County of pa hae complaint hath been made by the board
to wit. of guardians of the —— union [or of the parish
of, Sc.——], in the said county of , unto us, whose names

are hereunto set and seals affixed, two of Her Majesty’s justices of
x 2

 
808 APPENDIX. {9 Vict. c. 10.

the peace ae in and for the said county, that ——, a person
born in Scotland [or Ireland, or the Isle of Man, or Scilly, or Jersey,
or Guernsey], hath become and is now chargeable to the parish
[township, d:e.] of —-, in the said union, Jc.: And whereas, upon
examination of the said ——, taken upon oath before us (which
examination is hereto annexed), it doth appear to our satisfaction that
he was born in Scotland, gc., and hath not a settlement in England,
and that he hath a wife named ——, and —— children, videlicet,
——, neither of which children has any settlement in England.
These are therefore to require you the said ——, to convey the
said ——, his wife and family aforesaid, to Scotland, et cetera, in
the manner directed by the regulations of the justices of the said
county, et cetera, and approved by J. S., one of Her Maley’
principal secretaries of state, in pursuance of the provisions of a

certain Act made and passed in the —— year of the reign of Queen
Victoria, intituled [the title of this Act].

Given under our hands and seals this ——- day of ——, in the
year of our Lord one thousand eight hundred and ——.

-(Here copy the regulations of the justices of the county, et cetera,
a by the Secretary of State,as applicable to the removal of the
party.

Form of Examination to which the above Warrant refers.

The examination of , taken on oath before us, two of Her
to wit. J Majesty’s justices of the peace acting in and for the [county,
riding, city, borough, town corporate, division o7 liberty,] aforesaid,
this day of ,in the year of our Lord one thousand eight
hundred and ——, who on oath saith, that according to the best of
[his or her] knowledge and belief [he or she] was born in ——, in
that part of the United Kingdom called Scotland [or Ireland, or
in the Isle of Man, or Scilly, or Jersey, or Guernsey], which [he
or she] left about years ago, and hath no settlement in that
Hee of the United Kingdom called England, and hath actually

ecome and is now chargeable to the [parish, township, Sc.] of ——
in the county of ——, Fad that he hath a wife named ——, and
—— children, neither of which children have gained a settlement in
England].

wtih the day and year first above written, before us —~.

 

 

 

 

 

 

9 Vict. c. 10.

An Act for regulating the Payment of the Out-pensioners of Green-
wich and Chelsea Hospitals. [2nd April, 1846.]

Pensions Sect. 8.—And be it enacted, That it shall be lawful for the Secretar

may be paid at War, with the consent of any Greenwich or Chelsea pensioner resid-

Oy eNidea ing temporarily out of the United Kingdom, to pay to his wife, or if

of pensioners he have no wife to or for the benefit of his child or children, such

cut of the |. portion of his pension as may be agreed upon ; and that the receipt or

don.” acknowledgment of the person or persons so paid shall be a full and
sufficient discharge to the secretary at war for the amount so issued

‘by him.
9 & 10 Vict. c. 66.] APPENDIX. 3809

Sect. 9.—And be it enacted, That if any Chelsea or Greenwich pen- erent :
sioner be relieved, or become chargeable in Great Britain or Ireland, rollef given
in respect of relief afforded to himself, or any person whom he is to out-pen-
liable to maintain, or if in any case the secretary at war for the time "7°
being, and the guardians of the poor of any union or parish, or the
overseers of any parish or township not under a board of guardians,
or the heritors and kirk session of any parish in Scotland, dik it de-
sirable that the whole or any part of the pension of such pensioner
should be advanced out of the poor’s rate or funds saeplicable to the
relief of the poor, it shall be lawful for the secretary at war, by any
writing under his hand, or under the hand of any officer or other
oe employed by him to agree with such guardians or overseers, or

eritors and kirk session, for the repayment to them out of the pen-
sion of any such pensioner of the amount of relief so advanced to or
expended on his account, but not exceeding, in any case where relief
has been administered to his wife or one child only whom he is bound
to maintain, the amount of one half his pension or allowance, or to
two or more such children, or to his wife and one or more such child
or children, the amount of two thirds of his pension so advanced.

9 & 10 Vict. c. 66.

An Act to amend the Laws relating to the removal of the Poor
[26th August, 1846.]

Whereas it is expedient that the laws relating to the removal of the
oor should be amended: Be it enacted by the Queen’s most excellent
ajesty, by and with the advice and consent of the lords spiritual
and temporal, and commons, in this present parliament assembled, No person ae
and by the authority of the same, that from and after the passing of eons any
this Act no person shall be removed, nor shall any warrant be granted parish in
for the removal of any person, from any parish in which such person "hich be or
shall have resided for five years next before the application for the have resided
warrant: Provided always, that the time during which such person fr five years.
shall be a prisoner in a prison, or shall be serving her Majesty as a dime. during
soldier, marine, or sailor, or reside as an in-pensioner in Greenwich or fons are ser-
Chelsea Hospitals, or shall be confined in a lunatic asylum, or house ving in the
duly licensed or hospital registered for the reception of lunatics, or asa ole
atient in a hospital, or during which any such person shall receive relief not'to be”
Et any parish, or shall be wholly or in part maintained by any rate comin a
or subscription raised in a parish in which such person does not re- gence.
side, not being a bond fide charitable gift, shall for all purposes be
excluded in the computation of time hereinbefore mentioned, and that
the removal of a pauper lunatic to a lunatic asylum, under the provi-
sions of any Act relating to the maintenance and care of pauper
lunatics, shall not be deemed a removal within the meaning of this
Act: Provided always, that whenever any Nia shall have a wife or
children having no other settlement than his or her own, such wife
and children shall be removable whenever he or she is removable,

and shall not be removable when he or she is not removable.

Sect. 2.—And be it enacted, that no woman residing in any parish No widow

with her husband at the time of his death shall be removed, nor shall ee
310 APPENDIX. [9 & 10 Vict. c. 66.

twelve any warrant be granted for her removal, from such parish for twelve
months after -afendar months next after his death, if she so long continue a widow.
band.
No child Sect. 8.—And be it enacted, That no child under the age of sixteen
under sixteen years, whether legitimate or illegitimate, residing in any parish with
fens pe” his or her father or mother, stepfather or stepmother, or reputed father,
removed. shall be removed, nor shall any warrant be granted for the removal of
such child, from such parish, in any case where such father, mother,
stepfather, stepmother, or reputed father may not lawfully be removed
from such parish.

Sick persons Sect, 4,—And be it enacted, That no warrant shall be granted for

beremoved the removal of any person becoming chargeable in respect of relief
eeepuaden made necessary by sickness or accident, unless the justices granting
cumstances. the warrant shall state in such warrant that they are satisfied that the

sickness or accident will produce permanent disability.

Settlement Sect. 5.— Provided always, and be it enacted, That no ps hereby
famed Ee not exempted from liability to be removed shall by reason of such exemp-
being re- tion acquire any settlement in any parish.
moved.

Penalty on Sect. 6.—And be it enacted, That if any officer of any parish or

Personsun- union do, contrary to law, with intent to cause any poor person to

lawfully Pro- become chargeable to any parish in which such person was not then

uring remo- . .

vals of poor Chargeable, convey any poor person out of the parish for which such

persons. — officer acts, or cause or procure any poor person to be so conveyed, or
give directly or indirectly any money, relief, or assistance, or afford
or procure to be afforded any facility for such conveyance, or make
any offer or promise or use any threat to induce any poor person to
depart from such parish, and if, in consequence of such conveyance or
departure, any poor person become chargeable to any parish to which
he was not then chargeable, such officer, on conviction thereof before
any two justices, shall forfeit and pay for every such offence any
sum not exceeding five pounds nor less than forty shillings.

Delivery of | Sect. 7.—And be it enacted, That the delivery of any pauper under
eee gers of 22Y_ warrant of removal directed to the overseers of any parish at the
removal. | Workhouse of such parish, or of any union to which such parish

belongs to any officer of such workhouse, shall be deemed the delivery.

of such pauper to the overseers of such parish.

4&5 w. 4. Sect. 8.—And be it enacted, That an Act passed in the fifth year of

c. 76, and this the reign of King William the Fourth, for the amendment and better

Actto be! | administration of the laws relating to the poor in England and Wales,

one. and all Acts to amend and extend the same, and the present Act,
except so far as the provisions of any former Act are altered, amended,
or repealed by any subsequent Act, shall be construed as one Act;
and all penalties and forfeitures imposed under this Act shall be reco-
verable as penalties and forfeitures under the said Act for the amend-
ment of the laws relating to the poor. ;

Act limited Sect. 9.—And be it enacted, That this Act shall extend only to
to England. England. wae

Act maybe Sect. 10,—And be it enacted, That this Act may be amended or
wmended,&ce renealed by any Act to be passed in this session of parliament.
10. &11 Vict. ¢. 58.) APPENDIX, 311

10 & 11 Vict. c. 33.

An Act to amend the Laws relating to the Removal of poor Persons
JSrom England and Scotland. [21st June, 1847.)

Whereas an Act was passed in the ninth year of the reign of Her 8 & 9 Vict.
Majesty for the removal from England of poor persons who, though © !!7-
born in Scotland, Ireland, or the Islands of Man, Scilly, Jersey, or
Guernsey, and not settled in England, are chargeable to some parish 8 & 9 Vict.
in England; and by another Act passed in the same year provision © ®* * Me
was made for the removal from Scotland of poor persons who, though
born in England, Ireland, or the Isle of Man, and not settled in
Scotland, receive relief from some parish or combination in Scotland:

And whereas it is expedient that certain provisions of the said Acts

should be amended: Be it enacted by the Queen’s most excellent

Majesty, by and with the advice and consent of the lords spiritual

and temporal, and commons, in this present parliament assembled,

and by the authority of the same, that it shall be lawful for any Guardians,

pone, relieving officer, or overseer of any parish or union in &¢. in Eng-
mgland to take and convey before two justices of the peace, without take persons

summons or warrant, every poor person who shall become chargeable removable

to any parish in England, and who he may have reason to believe is therefrom

liable to be removed from England under the first-recited Act; and recited Act

the justices before whom any such person shall be so brought shall before two

hear and examine and proceed in the same manner in all respects as coral

if such person had been brought before them under and in the mons, &.

manner directed by that Act.

Sect. 8.—And be it enacted, That every person who by this Act is Persons tak-
authorized to take and convey any poor person before any sheriff or 8 rauners
justices shall, in the execution of this Act, in that behalf have and tices to have
exercise all the rights, privileges, powers, and immunities with which Powers of

a constable is by law invested. constables.

Sect. 4.—And be it enacted, That in the construction of this Act the tnterpreta-
singular number or masculine gender shall, except when the context tion of Act.
excludes such construction, be understood to include and shall be
applied to several persons, matters, or things, as well as to one person,
matter, or thing, and to females as well as males respectively;
and that the words “justices of the peace” shall be understood to
include and extend to a justice of the peace or magistrate of a county,
county of a city, or county of a town, or of any city or town
corporate.

Sect. 5.—And be it enacted, That this Act may be amended or Act may be

repealed by any Act to be passed in this session of parliament. areengely

10 & 11 Vict. ¢. 58.

An Act to remove Doubts as to Quakers’ and Jens’ Marriages solem-
nized before certain Periods [2nd July, 1847.]

Whereas doubts have been entertained as to the validity of mar-
riages amongst the people called Quakers and amongst persons pro-
fessing the Jewish religion, solemnized in England before the first
day of July, One thousand eight hundred and thirty-seven, or in
312

Marriages of
Quakers and
Jews solem-

nized before
certain

dates declar-
ed valid.

4&5 W.4,
ce. 76.

Appointment
of Commis-
sioners.

Commis-
siovers
ex officio.

When com-
missioncrs
shall enter
on their
office.

Who shall

APPENDIX. [10 & 11 Vict. c. 109.

Ireland before the first day of April, One thousand eight hundred and
forty-five, according to the usages of those denominations respec-
tively : And whereas it is expedient to put an end to such doubts;
be it therefore declared and enacted by the Queen’s most excellent
Nor pach by and with the advice and consent of the lords spiritual
and temporal, and commons, in this present parliament assembled,
and by the authority of the same, that all marriages so solemnized as
aforesaid were and are good in law to all intents and purposes what-
soever, provided that the parties to such marriages were both Quakers,
or both persons professing the Jewish religion respectively.

10 & 11 Vict. c. 109.

An Act for the Administration of the Laws for Relief of the Poor
in England, [23rd July, 1847.]

Whereas an Act was passed in the fifth year of the reign of His
lite Majesty, intituled “ An Act for the Amendment and better Admi-
nistration of the Laws relating to the Poor in England and Wales ;”
and divers Acts have since been yassed for the amendment of the said
Act, or otherwise relating to the laws for the relief of the poor in
England: And whereas the administration of the laws for the relief
of the poor in England is subject to the direction and control of the
Poor Law Commissioners, whose commission will expire at the end of
the session of parliament next after the thirty-first day of July in this
year, and it is expedient to make further provision for the administra-
tion of the said laws: Be it enacted by the Queen’s most excellent
Majesty, by and with the advice and consent of the lords spiritual and
temporal, and commons in this present parliament assembled, and by
the authority of the same, that it shall be lawful for Her Majesty, by
any letters patent, or by any commission or commissions to be
issued under the great seal of Great Britain, from time to time
to nominate, constitute, and appoint during pleasure such person or
persons as Her Majesty shall think fit to be and who shall accordingly
be and be styled “Commissioners for administering the Laws for
Relief of the Poor in England:” and whenever in this Act the word
Commissioners shall be used without addition it shall be taken to mean
the said Commissioners for administering the laws for relief of the
poor in England. :

Sect.2.—And be it enacted, That the lord president of the council,
the lord privy seal, Her Majesty’s piscpal secretary of state for the
home department, and the chancellor of the exchequer for the time
being shall be, by virtue of their respective offices, Commissioners for
administering the laws for the relief of the poor in England, with the
person or persons nominated in any such letters patent or commission
as aforesaid, and shall have the same powers as if they were expressly
nominated in such commission.

Sect. 3.—And he it enacted, That notice of the issue of every such
commission shall be published in the London Gazette ; and the Com-
missioners first appointed under this Act shall enter on their office, and
all the powers by this Act vested in them shall take effect on the day
after the first publication of such notice in the London Gazette.

Sect,4.—And be it enacted, That the Commissioner first named in
10 & 11 Vict. c. 109.] APPENDIX. 313

any such letters patent or commission for the time being shall be and be preside at ‘
styled “ President ;” and whenever in the absence of the president 7o°o0e°
two or more of the Commissioners shall meet for the execution of any missioners.
powers vested in them by this Act, the Commissioner next in order of
nomination in the said Commission or this Act, of those who shall be

present, shall for that turn preside ; and if the Commissioners present

at any meeting shall be equally divided in opinion upon any question

before them, te president, or in his absence the Commissioner presid-

ing at that meeting, shall have a second or casting vote.

Sect. 5.—And be it enacted, That the commissioners shall cause a seal Seal of the
to be made for their use, and such seal shall have the same force and comes
effect. as the seal of the Poor Law Commissioners now has in England, 1
and documents purporting to be sealed or stamped therewith shall be
received in evidence in like manner and with the like effect as docu-
ments sealed or stamped with the seal of the Poor Law Commissioners
are now received in evidence.

Sect. 6.—And be it enacted, That the Commissioners shall from time Appointment
to time, by order under their seal, appoint two secretaries, and may, by ries, clerks,
a like order under their seal, remove any secretary so appointed, and &e.
shall also from time to time appoint so many clerks, messengers, and
servants as shall be allowed c the lord high treasurer or the Com-
missioners of Her Majesty’s treasury; and all the persons so ap-
pointed shall hold their offices during the pleasure of the Commis-
sioners.

Sect. 7.—-And be it enacted, that any two of the said Commissioners, Who are
or the said president alone, except as hereinafter provided, shall be competent to
competent to act in the execution of any powers vested in the Com- tion of Act.
missioners by this Act ; provided that no act of the Commissioners
which is required to be under their seal, or which, if done by the
Poor Law Commissioners, must have been done under their hands and
seal, shall be of any validity unless it shall purport to be signed by at
least two of the Commissioners, or by the president, and if signed by
the president alone, countersigned by one of the secretaries to the
Commissioners ; and during any vacancy among the Commissioners,
the surviving or continuing Commissioners or Commissioner may
continue to act with the same powers and in the same manner respec-

‘tively as before such vacancy.

Sect. 8.—And be it enacted, That there shall be paid to the presi- Salaries
dent, and to the said secretaries, clerks, messengers, and servants, such
salaries as shall be from time to time regulated by the lord high
treasurer or the Commissioners of Her Majestra Treasury, but no
Commissioner other than the said president, shall be entitled to have
any salary or remuneration for acting in the execution of this Act.

Sect. 9.—And be it enacted, That the office of president shall not be President
deemed such an office as shall render the person holding such office a
incapable of being elected, or of sitting or voting as a member of sit in the
the commons house of pele or as shall avoid his election if House of
returned, or render him liable to any penalty for sitting or voting in ©°™™"*
parliament ; and that one only of the said secretaries shall at the
same time be capable of sitting or voting in the commons house of
parliament.

Sect. 10.—And be it enacted, That on the day on which the Commis- Transfer of
314

powers and
duties of the
Poor Law
Commis-
sioners.

APPENDIX. [10 & 11 Vict. c. 109.

sioners first appointed under this Act shall enter on their office, all
the powers and duties of the Poor Law Commissioners with respect to
the administration or control of the administration of relief to the
poor throughout England, and all other powers and duties now
vested in them, shall be transferred to and vested in the Commis-
sioners, and shall be thenceforth exercised by them, and by the Com-
missioners appointed from time to time in and by any new commis-
sion or letters patent under the provisions of this Act, and all

. provisions in any Act relating to the administration of relief to the

Power to
summon wit-
nesses,

Repeal of
certain
enactments
as to the
records of
the Commis-
sioners.

5 & 6 Vict.
ec. 57,

poor in England, or to the powers or duties of the Poor Law Commis-
sioners shall be construed as if in the said several Acts the Commis-
sioners had been named instead of the Poor Law Commissioners,
subject nevertheless to any amendments made by this Act, either as
to the substance or manner of exercising any of the powers of the
said Poor Law Commissioners ; and at the same time all powers and
authorities vested by any Act in the Poor Law Commissioners oo
pointed under the first-recited Act, or any Act passed for the amend-
ment thereof, shall cease, and all secretaries, assistant secretaries,
clerks, messengers, and officers appointed and employed by the said
Poor Law Commissioners in the business of their office shail cease to
hold their several offices and employments.

Sect. 11.-—And be it enacted, That the Commissioners, by summons
under their seal, may require the attendance of all persons upon any
matter connected with the execution of any of the powers by law
vested in them at such time and place as shall be set forth in the
summons, and make inquiry and require returns, and require and
enforce the production upon oath of books, contracts, agreements,
accounts, maps, plans, surveys, valuations, and writings, or copies
thereof respectively, in anywise relating to any such matter, and
the Commissioners or any one of them may upon such matters admi-
nister oaths, and examine upon oath all persons so brought before
them or him, and, when they or he shall think fit, instead of requir-
ing such oath as aforesaid, may require any such person to make and
subscribe a declaration of the truth of the matters respecting which
he shall have been or shall be so examined: Provided always, that
no person shall be required, in obedience to any such order, to go
more than ten miles from the place of his abode: Provided also, that
nothing herein contained shall empower the Commissioners to require
the production of the title, or of any paper or deed relating to the
title of any lands, tenements, or hereditaments, not being the pro-
perty of any parish or union.

Sect. 12.—And be it enacted, That so much of the said Act of the fifth
year of the reign of His late Majesty, or of an Act passed in the sixth
year of the reign of Her Majesty, intituled “ An Act to continue until
the Thirty-first day of July, One thousand eight hundred and forty-
seven, and to the end of the then next Session of Parliament, the
Poor Law Commission, and for the further Amendment of the Laws
relating to the Poor in England,” or of any other Act as would
require any minute of the opinion of each of the Commissioners to be
made in the record of their proceedings in cases of final difference of
opinion upon any order or proceeding, or as would require any record
or general report of the proceedings of the Commissioners to be sub-
10 & 11 Vict. c.109.] APPENDIX. 315

mitted to one of Her Majesty’s principal secetaries of state, shall be
repealed.

Sect. 13.—And be it enacted, That the Commissioners shall once in Annual re-
every year submit to Her Majesty a general report of their proceed- port te Her
ings, and every such general report shall be laid before both houses of he laid be-
parliament within six weeks after the date thereof if parliament be fore parlia-
then sitting, or if parliament be not then sitting, within six weeks ™°*
after the next meeting of parliament.

Sect. 14,—And be it enacted, That from and after the day on which How rules
the Commissioners first appointed under this Act shall enter on their.2re,'o be
office the power vested in the Poor Law Commissioners to make rules, :
orders, and regulations, and from time to time to vary or rescind the
same, shall be vested in the Commissioners constituted under this
Act, to be exercised by them in the manner hereinafter specified, and
the Commissioners shall make all such rules, orders, and regulations
under their seal, except such as are intended only for their own
guidance or procedure, or for the guidance or procedure of any
persons appointed or employed by them for the business of their
office, and shall make all general rules under their seal, and under the
hands of three or more of the Commissioners, of whom the president
shall be one.

Sect. 15.—And be it enacted, That every rule, order, or regulation of Definition of
the Commissioners which at the time of issuing the same shall be sere"!
directed to and affect more than one union, shall be deemed a general: ~~
rule, and every rule, order, and regulation made to vary or rescind a
general rule, whether it be directed to or affect one or more than one
union, shall also be deemed a general rule.

Sect. 16.—And be it enacted, That from and after the day on which Hepeal ne
the Commissioners first appointed under this Act shall enter on their Wy? 46,
office, so much of the said Act of the fifth year of the reign of His as to making
late Majesty as relates to the making of general rules by the Poor ner! rules.
Law Commissioners, or to the time or manner when or how any such
general rule shall operate or take effect, or to the disallowance of any
such general rule, or any part thereof, shall be repealed.

Sect. 17.—And be it enacted, That if Her Majesty shall be pleased pisatlowance
at any time, by the advice of her privy council, to disallow any such of general
general rule, or any part thereof, the same, so far as it shall have Queen in
been so disallowed, shall cease to be of any force or validity, except as council.
to all things lawfully done under the same before such disallowance,

which shall be and continue to be valid.

Sect. 18.—Provided always, and be it declared and enacted, That confrma-
all lawful rules, orders, and regulations of the Poor Law Com- tion of exist-
missioners made before the day on which the Commissioners first ap- 8 "™e-
pointed under this Act shall enter on their office shall continue in full
torce and effect until rescinded or varied under the authority of this
Act. :

Sect. 19.— And be it enacted, That the Commissioners shall from Appointment
time to time. by order under their seal, appoint so many fit persons as °f mspectors.
shall be allowed by the lord high treasurer or Commissionets of Her
Majesty’s treasury, to be inspectors, to assist in the execution of this
316

Duties of In-
spectors.

Inspectors
may sum-
mon wit-
nesses.

Special in-
quiries.

APPENDIX. [10 & 11 Vict. c. 109.

Act and of other Acts now or which shall be hereafter in force for the
relief of the poor in England, and may from time to time assign to
the inspectors so appointed, or any of them, such duties in the execu-
tion of this Act as they think fit; and the Commissioners, by order
under their seal, may remove all or any of the said inspectors, and
appoint others in their stead ; and there shall be paid to every such
inspector such salary as shall be from time to time regulated by the
ford high treasurer or the Commissioners of Her Majesty’s Treasury.

Sect. 20.—And be it enacted, That the said inspectors, and each of
them shall be entitled to visit and inspect every workhouse or place
wherein any poor person in receipt of relief shall be lodged, and to
attend every board of guardians and every parochial and other local
meeting held for the relief of the poor, and to take part in the pro-
ceedings, but not to vote at such board or meeting.

Sect. 21.—And be it enacted, That the said inspectors may sum-
mon before them such persons as they may think necessary for the
purpose of being examined before them upon any matter concerning
the administration of the laws relating to the relief of the poor, or any
other matter placed by law under the control or regulation of the
Commissioners, or for the purpose of producing and verifying upon
oath any books, contracts, agreements, accounts, writings, or copies
of the same in any wise relating to such matter, and not relating to or
involving any question of title to any lands, tenements, or heredita-
ments not being the property of any parish or union, and may examine
any person whom they shall so summon, or who shall voluntarily
come before them to be examined upon any such matter upon oath,
which each of the said inspectors shall be empowered to administer,
or instead of administering an oath, the inspector may require the
party examined to make and subscribe a declaration of the truth of
the matter respecting which he shall have been or shall be so exa-
mined ; and all summonses made by any such inspector for any such
purpose as aforesaid shall be obeyed by all persons as if such sum-
mons had been the summons and order of the Commissioners, and the
non-observance thereof shall be punishable in like manner; and that
the costs and expenses of such person so summoned shall be paid
in such cases and in such manner as the costs and expenses of persons
summoned under the authority of the first-recited Act are now pay-
able: Provided always, that no person shall be required in obedience.
to any such summons to go or travel more than ten miles from his
place of abode.

Sect. 22.—And be it enacted, That so much of the said Act of the
sixth year of the reign of Her Majesty as relates to the appointment
of any assistant Commissioner or of any person for the purpors of
conducting any special inquiry as an assistant Commissioner shall be
repealed; and that, whenever it may seem fitting to the Commis-
sioners, they, with the consent of the lord high treasurer or the Com-
missioners of Her Majesty’s Treasury for the time being, may appoint
some fit person to act as an inspector for the purpose of conducting
any special inquiry for a period not exceeding thirty days, and the
said Commissioners may delegate to every person so appointed for the
purpose of conducting such inquiry all such of the powers of the said
Commissioners as they may deem necessary or expedient for summon-
ing witnesses and conducting such inquiry.
10 & 11 Vict. c. 109.}- APPENDIX. 317

Sect. 23.—Provided always, and be it enacted, That when any two Persons, be-
persons, being husband and wife, both of whom shall be above the atjweity”
<y of sixty years, shall be received into any workhouse in pursuance years of
of the provisions of the said recited Act or of this Act, or of any rule, 280» mo{com-
order, or mauletion of the Commissioners appointed by authority of te apart in
this Act, such two persons shall not be compelled to live separate and workhouses.

apart from each other in such workhouse.

Sect. 24.—And be it enacted, That in all cases where boards of For insuring
guardians neglect to appoint a visiting committee for the purpose of ‘he due visi-
visiting the workhouse of the union, or when three months shall have workhouses.
elapsed during which such committee shall have neglected to visit
such workhouse, the Poor Law Commissioners shall be required to ap-

oint a visitor, not being one of the guardians, at a salary to be fixed

y them, to be paid out of the general fund of the union: Provided
always, that the appointment of any such paid visitor shall cease at
the expiration of three calendar months next after the appointment of
any visiting committee by the guardians, subject nevertheless to his
re-appointment in case of any repetition of such neglect of the
guardians or visiting committee as aforesaid.

Sect. 25.—And be it enacted, That in any civil or criminal proceed- For confir-
ing it shall not be necessary to prove the sending of the original Lites
wee of the Poor Law Commissioners, or of the Commissioners consti- of boards of
tuting any board of guardians, in any case in which oe persons euardians,
professing to form a board in obedience to such order shall have
taken upon themselves to act, and shall have continued for three
years to act, in the execution of the laws for the relief of the poor ;
and in no proceeding shall it be lawful to question the gone
or validity of the election of any person as a guardian after the end
of twelve months next following the election, or the time when the
alleged disqualification or want of qualification of the person against
whom such proceeding shall be directed shall have arisen.

Sect. 26.—And be it declared and enacted, That every person who Penalties for
upon any examination under the authority of this Act shall wilfully S378 se.
give false evidence, or wilfully make or subscribe a false declaration, refusing to
shall, on being convicted thereof, suffer the pains and penalties of ive eve
perjury; and every person who shall refuse or wilfully neglect to :
attend in obedience to any summons of the Commissioners or any
inspector, or to give evidence, or who shall wilfully alter, suppress,
conceal, destroy, or refuse to produce any books, contracts, agree-
ments, accounts, maps, plans, surveys, valuations, or writings, or
copies of the same which may be required to be produced for the
‘purposes of this Act, to any person authorized by this Act to require
the production thereof, shall be deemed guilty of a misdemeanor.

Sect. 27.—And be it enacted, That, save when varied or repealed Confirmation
_by this Act, and subject to the provisions herein contained, all the aie
powers and provisions of the recited Acts and of all other Acts relat- recited Acts,
ing to the relief of the poor in England, and everything lawfully
done under the same, or in pursuance thereof, and all lawful Acts and
proceedingsof the Poor Law Commissioners, and their assistant Com-
missioners, and any officers acting under them, or in virtue of the
said Acts, or any of them, or under their authority, or by any other
person acting in the administration of the laws for the relief of the
318

Commission
to continue
for five years.

Interpreta-
tion of Act.

Act may be
amended,&c,

So much of
4&5W.4
ec. 76, pro-

APPENDIX. [11 & 12 Vict. c. 31.

poor in England, on or before the day when the Commissioners first
appointed under this Act shall enter on their office, shall be as valid
as if this Act had not been passed; and every suit or other proceeding
civil or criminal, begun before the last-mentioned day, in the name
and under the authority of the Poor Law Commissioners, shall have
the same force and effect, if continued in their names under the sanc-
tion of the Commissioners, as if the Poor Law Commissioners had con-
tinued to act in execution of the said Acts of parliament; and nothing
herein contained shall in any way take away or interfere with any
right of action or of defence to the same, or any liability to be sued or
prosecuted for any penalty, for or againstany person under the said Acts,
or any of them, according to the respective provisions thereof, which
shall have accrued wholly or in part before the last-mentioned day.

Sect. 28.—Provided always, and be it enacted, That no Commis-
sioner constituted under this Act, nor any inspector, secretary, or
other officer or person to be appointed and employed by the Commis-
sioners in the business of their office under this Act, shall continue to
hold his respective office under this Act, or exercise any of the powers

iven by this Act for a longer period than five years next after the

ay of the passing of this Act, and thenceforth until the end of the
then next session of parliament; and from and after the expiration
of the said period of five years, and of the then next session of parlia-
ment, 80 much of this Act as enables Her Majesty to appoint any
Commissioner shall cease to operate or to have any effect watever.

Sect. 29.—And be it enacted, That this Act shall be construed in
the same manner as the said Act of the fifth year of the reign of His
late Majesty, and the said Act of the sixth year of the reign of Her
Majesty, and the several Acts passed for the amendment of the said
Acts or either of them, and as one Act with the same, and with. the
Acts and provisions thereby directed to be construed as one Act,
unless where otherwise directed by this Act.

Sect. 30.—And be it enacted, That this Act may be amended or re-
pealed by any Act to be passed in this session of parliament.

11 & 12 Vict. ¢. 31.

An Act to amend the Procedure in respect of Orders for the Removal
of the Poor in England and Wales, and Appeals therefrom.
(22nd July, 1848.}

Whereas the communication now by law required to be made by
the overseers or guardians of any parish seeking to enforce an order
for the removal of a poor person, to the overseers or guardians of the
parish to which such poor person is intended to be removed, of a copy
of the examination upon which such order has been made, has been
found to produce much expensive and useless litigation upon points of
mere form, so that few cases of appeals against such orders are now
decided upon the merits: For remedy thereof be it enacted by the
Queen’s most excellent Majesty, by and with the advice and consent
of the lords spiritual and temporal, and commons, in this present
parliament assembled, and by the authority of the same, That so much
of an Act passed in the session of parliament holden in the fourth and
fifth years of the reign of His late Majesty King William the Fourth,

’ intituled, “ An Act for the Amendment and better Administration of the
11 & 12 Vict. o. 31.] APPENDIX. 319

Laws relating to the Poorin England and Wales,” as provides, in cases vides that
of orders of removal, that the notice thereby required to be sent by the °er!ain

2 . . otices shall
overseers or guardians of the parish obtaining the order shall be te accom-
accompanied by a copy of the examination upon which such order panied by a

was made, shall be and the same is hereby repealed. Ce

aminations,
Sect. 2.—And be it enacted, That instead thereof such notice shall c aac
be accompanied by a statement in writing under the hands of such To be aceerke
overseers or such guardians, or any three or more of such guardians, panied by a
setting forth the grounds of such removal, including the particulars peur
of the settlement or settlements relied upon in support thereof: Pro- removal
vided always, that on the hearing of any appeal against any order instead of
of removal, it shall not be lawful for the respondents to go into or be ieee
‘give evidence of any other grounds of removal than those set forth in
such statement.

Sect. 3.—And be it enacted, That the clerk to the justices who shall Copy of de-
make any order of removal shall keep the depositions upon which Positions.
such order was made, and shall within seven days furnish a copy of nished on
such depositions to the overseers or guardians as aforesaid of the “pplication.
parish to which the removal is by such order directed to be made, if
such overseers or such guardians shall apply for such copy, and pay
for the same at the rate of two-pence for every folio of seventy-two
words; provided, that no omission or delay in furnishing such copy
of the depositions shall be deemed or construed to be any ground of
appeal against the order of removal; provided also, that on the trial
of any appeal against an order of removal no such order shall be
quashed or set aside, either wholly or in part, on the ground that
such depositions do not furnish sufficient evidence to support, or that
any matter therein contained or omitted, raises an objection to the
order or grounds of removal.

Sect. 4.—And whereas a statement of the grounds of removal or of As to the
appeal is required to be communicated for the purpose of enabling suficiency of
the party receiving it to inquire into the subject of such statement, grounis of
and, ifneed be, to prepare for trial: Beit therefore enacted, “‘ That upon removal or
the hearing of any appeal against an order of removal no objection “PP
whatever on account of any defect in the form of setting forth any
ground of removal or of appeal in any such statement shall be
allowed, and no objection to the reception of legal evidence offered in
support of a ground of removal or appeal alleged to be set forth in
any such statement shall prevail, unless the Court shall be of opinion
that such alleged ground is so imperfectly or incorrectly set forth as
to be insufficient to enable the party receiving the same to inquire
into the subject of such statement, and to prepare for trial: Provided power to
always, that in all cases where the Court shall be of opinion that any amend a
such objection to such statement or to the reception of evidence ought grounds of
to prevail, it shall be lawful for such Court, if it shall so think fit, to removal or
cause any such statement of grounds of removal or appeal to be forth- 2PP*4!-
with amended by some officer of the Court or otherwise, on such
terms as to payment of costs to the other party, or postponing the
trial to another day in the same sessions or to the next subsequent
sessions, or both payment of costs and postponement, as to such
Court shall appear just and reasonable.

Sect. 5.—And be it enacted, That if either of the parties to the said party
appeal shall have included in the statement of grounds of removal or making
320

frivolous or
vexatious
statement of
grounds of
removal or
appeal liable
to pay costs.

Power for
Court to
amend order
of removal
on account
of omission
or mistake,

Proviso.

Decisions

of Courts
upon hearing
of appeala
final.

Abandon-
ment of
orders of
removal.

APPENDIX, [11 & 12 Vict. ¢. 31.

of appeal sent to the opposite party, any ground or grounds of
veiaaval or of appeal whisk ghall, in the ancien of the Court deter-
mining the appeal, be frivolous and vexatious, such party shall be
liable, at the discretion of the said Court, to pay the whole or any
part of the costs incurred by the other party in disputing any such
ground or grounds, such costs to be recovered in the same manner as
any penalties or forfeitures are recoverable under the said Act passed
in the session of parliament holden in the fourth and fifth years of
the reign of His late Majesty King William the Fourth.

Sect. 6.—And be it enacted, That if upon the trial of any appeal
against an order of removal, or upon the return to a writ of ver-
trorari, any objection shall be made on account of any omission or
mistake in the drawing up of such order, and it shall be shown to the
satisfuction of the Court that sufficient grounds were in proof before
the magistrates making such order to have authorized the drawing
up thereof free from the said omission or mistake, it shall be lawful
for the Court, upon such terms as to payment of costs as it shall think
fit, to amend such order of removal, and to give judgment as if no
such omission or mistake had existed: Provided always, that no
objection on account of any omission or mistake in an order of removal
brought up upon a return to a writ of certiorari shall be allowed,
unless such omission or mistake shall have been specified in the rule
for issuing such writ of certiorari.

Sect. 7.—And be it enacted, That the decision of the Court upon the
hearing of any appeal against any order of removal, as well upon the
sufficiency and effect of the statement of the grounds of removal and
of appeal, and of the notice of chargeability, and of the copy or coun-
terpart of the order of removal sent to the appellant parish, as upon
the amending or refusing to amend the order of removal as aforesaid,
or the statement of grounds of removal or appeal, shall be final, and
shall not be liable to be reviewed in any Court, by means of a writ of
certiorari or mandamus, or otherwise.

Sect. 8.—And be it enacted, That in any case in which an order
shall have been made for the removal of any poor person, and a copy
or counterpart thereof sent as by law required, it shall and may be
lawful for the overseers or guardians of the parish who shall have

- obtained such order of removal, whether any notice of appeal against

As to pay-
ment of costs
on abandon-
ment.

such order shall or shall not have been given, and whether any
appeal shall have been entered or not, to abandon such order by
notice in writing under the hands of such overseers or guardians, or
any three or more of such guardians, to be sent by post or delivered
to the overseers or guardians as aforesaid of the parish to which such
person is by the said order directed to be removed; and thereupon
the said order, and all proceedings consequent thereon, shall become
and be null and void to all intents and purposes as if the same had
not been made, and shall not be in any way given in evidence in case
any other order of removal of the same person shall be obtained :
Provided always, that in all cases of such abandonment the overseers
or guardians of the parish so abandoning shall pay to the overseers or

uardians of the parish to which such person is by the said order
directed to be removed the costs which the said last-mentioned over-
seers or guardians shall have incurred by reason of such order, and of
11 &12 Vict. c. 31.] APPENDIX, 321

all subsequent proceedings thereon, which costs the proper officer of
the Court before whom any such appeal (if it had not been aban-
doned) might have been brought, shall and he is hereby required,
upon application, to tax and ascertain at-any time, whether the Court
shall be sitting or not, upon production to him of such notice of
abandonment, and upon proof to him that such reasonable notice of
taxation, together with a copy of the bill of costs, has been given to
the overseers or guardians abandoning such order as the distance
between the parishes shall in his judgment require, and thereupon
the sum allowed for costs, including the usual costs of taxation,
which such officer is hereby empowered to charge and receive, shall
be indorsed upon the said notice of abandonment, and the said notice
so indorsed shall be filed among the records of the said Court; and if
the said costs so allowed be not paid within ten days after such costs
shall have been lawfully demanded the amount thereof may be reco-
vered from such last-mentioned overseers or guardians in the same
manner as any penalties or forfeitures are recoverable under the said
Act passed in the session of parliament holden in the fourth and fifth
years of the reign of King William the Fourth.

Sect. 9.—And be it enacted, That no appeal shall be allowed against No appeal
any order of removal if notice of such appeal be not given as required if police he
by law, within the space of twenty-one days after the notice of eS alcane
chargeability and statement of the grounds of removal shall have tain time
been sent by the overseers or guardians of the removing parish to the ae

overseers or guardians of the parish to which such order shall be ability.
directed, unless within such period of twenty-one days a copy of the
depositions shall have been applied for as aforesaid by the last-
mentioned overseers or guardians, in which case a further period of
‘fourteen days after the sending of such copy shall be allowed for the
iving of such notice of appeal ; but in such case no poor person shall

e removed under such order of removal until the expiration of such

further period of fourteen days.

Sect. 10.—And be it enacted, That all the provisions which relate to Service of
the sending and service of copies of orders of removal shall apply to *spended
such orders when suspended, and to all orders consequent upon such removal and
suspension, and to all copies of charges arising thereon, and demands ders
of payment of such charges. enare

Sect. 11.—And be it enacted, That the said Act passed in the session 4&5 w. 4,
of parliament holden in the fourth and fifth years of the reign of His eae
late Majesty King William the Fourth, intituled, “An Act for the jmending
Amendment and better Administration of the Laws relating to the Poor the same. to
in England ‘and Wales,” and all Acts to amend and extend the same, be construed
and the present Act, shall (except so far as the provisions of any act.
former Act are altered, amended, or repealed by any subsequent Act),

be construed as one Act.

Sect. 12.—And be it enacted, That this Act shall commence and Commence-
take effect on the first day of August, One thousand eight hundred ™e"t of Act.
and forty-eight.

Sect. 13.—And be it enacted, That this Act may be amended or Act may be

sea 2 ‘ ded,
repealed by any Act to be passed in this present session of parliament. ee. o
x
322 APPENDIX. [ 11 & 12 Vict. cc. 44, 91.

11 & 12 Vict. c. 44,

An Act to protect Justices of the Peuce from vexatious Actions for
Acts done by them in executiou of their Office.
[14th August, 1848.]

No action Sect. 4.—And be it enacted, That where any poor rate shall be made,
for issuing a allowed, and published, and a warrant of distress shall issue against
oitGeeen any person named and rated therein, no action shall be brought
larly. against the justice or justices who shall have granted such warrant by

reason of any irregularity or defect in the said rate, or by reason of
No action such person not being liable to be rated therein; and that in all cases
against jus- where a discretionary power shall be given to a justice of the peace by
Hees mene any Act or Acts of parliament, no action shall be brought against
discretionary such justice for or by reason of the manner in which he shall have

HOwEre exercised his discretion in the execution of any such power.

If a justice Sect. 5.—And whereas it would conduce to the advancement of
refuse to do justice, and render more effective and certain the performance of the
Convo ‘duties of justices, and give them protection in the performance of the
Queen’s same, if some simple means, not attended with much expense, were
Bench may , devised by which the legality of any act to be done by such justices
y rule order ~~“, : i ferns
him to do it, might be considered and adjudged by a Court of competent jurisdic-
and no se- tion, and such justice enabled and directed to roo it without risk
brought of any action or other proceeding being brought or had against him:
against him Be it therefore enacted, That in all cases where a justice or justices of
for doing it. the peace shall refuse to do any act relating to the duties of his or
their office as such justice or justices, it shall be lawful for the party
requiring such act to be done to a ply to Her Majesty’s Court of
Queen’s Bench, upon an affidavit of the facts, for a rule calling upon
such justice or justices, and also the party to be affected by such act,
to show cause why such act should not be done; and if after due ser-
vice of such rule good cause shall not be shown against it, the said
Court may make the same absolute, with or without or upon payment
of costs, as to them shall seem meet; and the said justice or justices
upon being served with such rule absolute shall obey the same, and
shall do the act required ; and no action or proceeding whatsoever shall
be commenced or prosecuted against such justice or justices for havin
obeyed such rule, and done such act so thereby required as aforesaid.

11 & 12 Vict. c. 91.

An Act to make Provision for the Payment of Parish Debts, the
Audit of Parochial and Union Accounts, and the allowance of
certain Charges therein. [81st August, 1848.)

Whereas it is expedient to make some provisions as to the payment
in certain cases of debts incurred by the overseers of the poor in
parishes after their year of office has expired: Be it therefore
enacted by the Queen’s most Excellent Majesty, by and with the ad-
vice and consent of the lords spiritual and temporal, and commons,

Ifoverseers in this present parliament assembled, and by ine authority of the

debts within Same, that if the overseers of the poor in any parish shall lawfully, by
11 & 12 Vict. ¢.91.] APPENDIX. 323

virtue of their office, contract any debt on account of the parish three months
within three months prior to the termination of their year of office, (1, 0°"rinur
and the same shall not have been discharged by them before their year of office,
year of office shall have determined, such debt shall be payable heir imme”
by and recoverable from their immediate successors in office, and sors shall
chargeable upon the poor rate of the said parish, in like manner as the discharge the
same would have been payable and chargeable by such first-mentioned *°™*
overseers during their year of office ; and if any such debt shall have

been contracted during their year of office, but more than three months

prior to its termination, the same shall be payable by and recoverable

from their immediate successors in office, if the ratepayers of the

parish in vestry assembled, and the Commissioners for administering

the laws for relief of the poor in England, shall consent, but not
otherwise.

Sect, 2.—Provided nevertheless, and be it enacted, That where any Provision for
proceedings have been commenced or shall be hereafter carried on, for Pills of costs
or on behalf of any parish, in a Court of law, regarding any matter for legal pro-
affecting the poor rates of such parish, it shall not be necessary that °*4i"s*
the bill of costs of the solicitor or attorney engaged therein shall be
paid before the termination of the proceedings, but in any such case
the amount of the bill, when duly taxed, if otherwise chargeable
against the parish, shall be payable out of the poor rates within the
space of one year next following the termination of the proceedings,
but not afterwards, unless the Commissioners aforesaid shall by their
order authorize the payment of the costs and expenses attending any
such proceedings by annual instalments not exceeding five, to com-

mence from such termination.

Sect. 3.—And whereas in many cases sums of money expended Parties who
by officers or other persons on behalf or for the benefit of unions and yancea
parishes, without legal authority, have not been allowed by the money on
auditors, though the guardians of the unions and the ratepayers of penal of a
the parishes interested have been willing and desirous that such sums parishes to be
should be paid out of the funds of those unions or parishes respectively, Peimbursed.
and great loss, in consequence of such sums not being allowed, has
been sustained by individuals; and it is desirable that power should
be given for the relief of such persons, under certain circumstances:

Be it therefore enacted, That if any person, since the passing of the
Act of the fifth year of the reign of His late Majesty, intituled “An |, . oa
Act for the Amendment and better Administration of the Laws re- 75.”
lating to the Poor in England and Wales,” and before the passing of
this Act, have advanced or expended money on behalf and for the
benefit of any union or parish, without having had due legal authority
for such advance or expenditure, and the same shall not have been
allowed in the accounts of the union or of the parish on behalf of which
it has been expended or advanced, and the major part of the guardians
of such union or parish, or the ratepayers of such parish in vestry
assembled, as the case may be, shall express their consent to thereim-
bursement of such sum of money out of the funds of the union
or parish so interested, the Commissioners aforesaid may, if they
think fit, by their order authorize the reimbursement of such sum of
money by the guardians of the union or parish, or the overseers of
the parish, as the case may require, in such manner as the said
Commissioners shall deem most eee so however that if the
¥
324 APPENDIX. [11 & 12 Vict. c. 91.

same be not repaid at once it shall be repaid by equal annual
instalments not exceeding five; and all payments subsequently
made in conformity with such order, but not otherwise, shall be
allowed by the auditor in the accounts of the guardians, overseers, or
other officers who shall make the payment in obedience to such order:
Provided always, that nothing herein contained shall apply toauthorize
the repayment of any sums of money which has been paid on any
other account than that of the relief of the poor, or in respect of some
matter chargeable upon or connected with the poor rate.

ie ae Sect. 4.—And be it enacted, That where any appeal shall be made to
oeains wai’ the said Commissioners against any allowance, disallowance, or sur-
andsur- charge made by any auditor in the accounts of any guardians, over-

charges ™2Y seers, or their officers, it shall be lawful for the said Commissioners to
mined by the Gecide the same according to the merits of the case; and if they shall
poor ae, i find that any disallowance or surcharge shall have been or shall be
merits, and. Jawfully made, but that the subject matter thereof was incurred under
such disal- such circumstances as make it fair and equitable that the disallowance
pence. be OF surcharge should be remitted, they may, by an order under their
remitted in seal, direct that the same shall be remitted upon payment of the costs,
certain cases. if any, which may have been incurred by the auditor or other compe-

tent authority in the enforcing of such disallowance or surcharge.

aoe a Sect. 5.—And whereas doubts exist as to the powers and duties of

balances to auditors in certifying the sums due from the overseers and other

officers, officers, and it is desirable to remove such doubts: Be it therefore
enacted, That where any overseer or officer shall be continuing in office
at the time when the accounts are audited, the auditor shall certify as
due such sums of money only as shall be disallowed or surcharged b
him in the accounts so audited ; but where the term of office of suc
overseer or officer shall have expired at the time when the accounts
are audited, he shall ascertain the balance which he shall find to be
then due on the accounts so audited, together with the sums (if any)
which he shall have disallowed or surcharged, and shall give credit
for all sums which shall be proved before him to have been paid in
respect of such balance to the succeeding overseers or officers, or other-
wise lawfully applied on behalf of the parish or union interested
therein, before the date of his-audit, and he shall certify, report, and
recover, in the manner provided by law, the balance remaining due
after such credit shall have been given ; and every certificate made by
any auditor, if made according to the forms set forth in the schedule
hereunto annexed, or to the like effect, shall be deemed to be sufficient :
Provided always, that where the sum, or the aggregate of the sums,
disallowed by the auditor in the account of any officer, shall not
amount to forty shillings, the same may be paid over with the balance
due from such officer, instead of being paid to the treasurer.

Bumspod>Y — Sect. 6.—And be it enacted, That where any money shall have been

constables, paid by an overseer to a constable, headborough, tithingman, or
Habe once other peace officer, in obedience to any authority in writing purport-
under 18 G. ing to be an order of a justice made according to. the provision of the
8, ¢.19,or5 Act passed in the eighteenth year of the reign of His late Majesty
ia sete George the Third, for the payment of charges of constables in certain
disallowed by cases, or an order of justices in petty sessions assembled, purporting
auditors, to be made in conformity with the provisions contained in the Act of

the sixth year of the reign of Her present Majesty, for the appoint-
11 & 12 Vict. c. 91.] APPENDIX. 825

ment and payment of parish constables, it shall not be disallowed by
any auditor or other authority competent to examine, allow, and dis-
allow the accounts of overseers, on any ground whatsoever.

Sect. 7,—And be it enacted, That, in addition to the notices now Notice of
required by law to be given by the auditor, he shall also give notice 244it tobe
by advertisement in some newspaper circulating in the county wherein :
the union or the greater part of it, or, in the case of a parish not com-
prised in a union, wherein such parish shall be situated, a reasonable
time prior to the holding of his audit; and the production of a copy
of such newspaper shall in all Courts and for all purposes be deemed
sufficient evidence of the notice of the audit ; and, except where a party,
not being an officer bound to account to the auditor, shall be sur-
charged by such auditor, it shall not be necessary to prove that the
audit of any accounts was adjourned, and that notice of any such ad-
journed audit was given.

Sect. 8.—And be it enacted, That if any auditor shall see cause to As to pro-
surcharge any person now liable by law to be surcharged by him, and a re
to whom no notice is now required by law to be given, with any sum taken against
of money in reference to any payment considered by him to have been persons now
‘illegally or improperly made, he shall, if the person be not present at surcharged
‘such audit, cause notice in writing of his intention to make such sur- by auditor,
charge to be given, by post or otherwise, to the person against whom 2n4 fo whom
he shall propose to make this surcharge, addressed to him at his last required to
known place of abode, and shall adjourn the audit, so far as it shall be given.
relate to such particular matter, for a sufficient time to allow of such
person appearing before him, and showing cause against such sur-
charge, and at such time the said auditor shall hear the party, if pre-

sent, and determine according to the law and justice of the case.

Sect. 9.—And be it enacted, That in any proceedings to be taken by What shall
an auditor, or by his attorney, before justices, to recover sums certified to be proved
by him to be due, it shall be sufficient for him to produce a certificate by auditors
of his appointment under the seal of the Poor Law Commissioners, or ™ order to
of the Commissioners aforesaid, and to state and prove that the audit certified by
was held, that the certificate was made in the book of account of them to be
the union or parish to which the same relates, and that. the sum cer- °"”
tified to be due had not been paid to the treasurer of the guardians of
the union or of the parish, as the case may require, within seven days
after the same had been so certified, nor within three clear days before
the laying of the information, of which nonpayment a certificate in
writing purporting to be signed by the treasurer shall be sufficient
proot on the part of the auditor; and if at the hearing of such informa-
tion it shall be proved that the said sum had been paid to the
treasurer subsequently to the date of such last-mentioned certificate, é
the costs incurred by such auditor shall be paid by the party against
whom the information shall be laid, unless he prove that notice of such
payment had been given to the auditor twenty-four hours at least
prior to the laying of the information.

Sect. 10,—And be it enacted, That the said Commissioners may at Auditor may,
any time, upon sufficient cause being shown to them, authorize any teing shown,
person, selected by the auditor, to act temporarily as his deputy, and appointa de-
shall communicate to the several unions and places forming his district PU'Y-

the name of the person so appointed to act as his deputy, and such
326 APPENDIX. [11 & 12 Vict. c. 91.

person shall thereupon be empowered to act in all respects, and with
the same authorities, and subject to the seme duties and liabilities, as
the auditor himself is entitled or subject to.

Power for Sect. 11.—And be it enacted, That where appeals are brought at the
parishes,with same time against the poor rates of several parishes, which may
of . oro cata ye
vestries, mu- @ppear to involve some common principle, it shall be lawful for the
tually to bear overseers or other authorities therein, with the consent of the respec-
ctemltp-” tive vestries of such parishes, to enter into an agreement, to be
peals involv- approved of by the said Commissioners, mutually to bear the costs
ing the same which may be properly incurred in and about the trial of such appeals
principle. 00 the part of the several respondents, as well as costs of the ap-
pellants, if any, which may be awarded against the respondents, in,
such proportions as shall be fixed and determined with reference to the
amount of interest of the several parishes in the question, or otherwise
as shall appear juss and the said agreement shall continue binding
upon the several parishes and their respective overseers in succession

until the several appeals shall have been finally determined.

Poiver fox Sect. 12.—And whereas in certain parishes and unions wherein the
guardians of relief of the poor is administered by guardians or other competent
parishes. &¢. authorities under the provisions of particular statutes or local Acts
Acts to grant applicable thereto doubts have been entertained whether any poor
cut-door re- person can be relieved by such guardians or other authorities out of
sanemanner the workhouses belonging to such parishes and unions Tespeo rely
aa in unions and it is expedient to remove such doubts, and to give authority for
ixoredander such relief out of the workhouse: Be it enacted, That in all cases
4.0.76 0 * : Pa * . .
where the relief of the poor is administered in any parish or union
under the provisions of any local Act it shall be lawful for the
guardians or other competent authority administering the relief to the
poor in any such parish or union, if they think fit, to administer such
relief in all respects in like manner and with the like powers and
authorities as any board of guardians of a union formed under the pro-
visions of the Act passed in the fifth year of the reignof His late Ma-
jesty aforesaid, is now or shall hereafter be authorized to do; and all
relief heretofore granted by such guardians or other authority shall, if
otherwise lawfully granted, be held lawful for all purposes, although
the same shall have been granted out of the workhouse of such parish
or union, as the case may be, and the costs and charges thereot shall
not be disallowed by any auditor, justice, or other competent authority
in that behalf, on he ground that the same was granted out of the
workhouse: Provided always, that the cost of all such relief so given
or to be given shall be charged among the parishes in the same union
in like manner and in like proportion as the relief heretofore or here-
after to be given in the workhouse of such parish or union is now or
shall hereafter be chargeable.

Interpreta~ Sect. 18.—And be it enacted, That the several words used in this Act
on of Act. shall be construed in the manner prescribed by the said hereinbefore-
recited Act, and the Acts explaining and extending it.

SCHEDULE to which this Act refers.

Forms or CERTIFICATES.

1.— Against an accounting Officer.
I do hereby certify, that in the account of A.B., the [set out the
11 &12 Vict. c. 110.] APPENDIX. 327

name of the office] of the parish of [or of the
Union], I have disallowe as surcharged] the sum of
As witness my hand, this day of 1848.

M.N., auditor of the.
district, which comprises the above-
named parish or union.

2.—Against a Person not an accounting Officer.

I do hereby certify, that in the accounts of the union
[or of the parish of ] I have disallowed the sum of
£ as a payment illegally made out of the funds of such
union ee parish], and I find that C.D. of authorized
the making of such illegal payment, and I do hereby surcharge the
said C.D. with the same.

As witness my hand, this day of 1848,
M.N., auditor of the :
district, which comprises the above-
named union or parish.

 

11 & 12 Vict. c. 110.

An Act to alter the Provisions relating to the Charges for the Relief
of the Poor in Unions. [4th September, 1848.]

Whereas by an Act passed in the fifth year of the reign of King 4&5 w.4.
William the Fourth, intituled “An Act for the Amendment and ° 76
better Administration of the Laws relating to the Poor in England
and Wales,” provision is made for the formation of unions for the
relief of the poor and for the charge for the relief of the poor belong- .a#
ing to the several parishes comprised therein ; and it is expedient to
alter the mode in which the relief of certain poor persons is now
chargeable: Be it therefore enacted by the Queen’s most excellent
eer, by and with the advice and consent of the lords spiritual
and temporal, and commons, in this present parliament assembled,
and by the authority of the same, that after the thirtieth day of Costs for
September next until the thirtieth day of September in the year One Sn natne
thousand eight hundred and forty-nine, the cost of the relief to be poor, &c. to
given to any poor person chargeable,or becoming chargeablein any we charged
union formed or to be formed under the provisions of the said Act, Don Sued of
being a destitute wayfarer or wanderer or foundling, as well as the unions.
cost of the burial of the body of any such person dying within such
union, shall be chargeable to the common fund of such union.

Sect. 2.—And be it enacted, that where any poor person having a Doar persind
fixed place of abode in a parish in any such union shall hereafter, by fixed place -
reason of accident, bodily casualty, or sudden illness occurring to him of abode —
while in some other parish, in which he has no legal settlement, meeting with
require relief, the cost of all the relief given by lawful authority in &e. in some
that behalf, as well medical as otherwise, shall, if the poor person be other penile
in receipt of relief, be paid or reimbursed in like manner and by the pore hey
same union or parish as any other relief shall be then payable, but if legal settle-
he be not then in receipt of relief, it shall be paid or reimbursed as ™ent to be
328 APPENDIX. [11 & 12 Vict. c. 110.

relieved by the case may require, by the parish in which such poor person shall then
the parishes have his place of abode, unless by reason of any provision of the law he
abode orpre- would, if otherwise chargeable, have been chargeable to the common
viouscharge- fund of such union, in which case the payment or reimbursement
ability. shall be made by the guardians of the union comprising such parish,
and shall be charged to the common fund of the union; and it shall
be lawful for the guardians of any union, if they think proper, to
pay for any medical or other assistance which shall be rendered to
any poor person on the happening of any accident, bodily ae
or sudden illness, although no order shall have been given for the
same by them or any of their officers, or by the overseers, and to
charge the same to some one parish in the union, or to the common
fund of the union, according as such parish or union would have been
liable for the ordinary relief of such poor person; provided that
nothing herein contained shall exempt the guardians of the union or
perish, or their officers, or the overseers of the parish in which such
poor person shall require relief by reason of such accident, bodily
casualty, or sudden illness, from their liability to supply the requisite

relief to such poor person whilst in such union or parish.
eal ca Sect. 3.—And be it enacted, That after the thirtieth day of September
movable by Next until the thirtieth day of September in the year One thousand
the9 &10 eight hundred and forty-nine, all the costs incurred in the relief, as
Viet. ¢..66, well medical as otherwise, of any poor person, who not being settled
chargeable in the parish where he resides, shall, by reason of some provision of
tothe com- the Act passed in the tenth year of the reign of Her Majesty, inti-
muon fund, tuled “An Act to amend the Laws relating to the Removal of the
Poor,” be or become exempted from the liability to be removed from
the parish where he resides, shall, where the said parish shall be
comprised in any such union as aforesaid, be charged to the common
fund of such union so long as such person shall continue to be so
exempted; and the expenses of the burial of any such person so
exempted at the time of his death, shall, if legally payable by the
guardians of the union, likewise be charged to the said common

fund.
Questions Sect. 4.And be it enacted, That where in any such union a ae
eee Aallet. tion shall arise between any parishes therein, or between the guardians

&e. may be and any parish or parishes therein, with reference to the ee of
eee , the cost of his relief, as to whether any pauper be so exempted as
by the poor aforesaid, the parties may jointly submit such question to the Com-
law board; missioners for administering the laws for the relief of the poor in
whose orders England, who may thereupon, if they think proper, entertain such
shall not be question, and by an order under their seal determine the same; but
removable no such order shall be liable to be removed, by writ of certiorart or

ae otherwise, into the Court of Queen’s Bench, after the expiration of

nor be the term next ensuing the time when the copy thereof shall
quashed for have been sent to the guardians, nor shall the same be quashed for
form. any defect of form therein; and. every such order not rescinded or

quashed shall be in all Courts and for all purposes final and conelu-
sive between the guardians and every parish in the union interested
in the matter.

Guardians Sect. 5.—And be it enacted, That the guardians of any union or
hee parish may, with the order of the said Commissioners and in confor-
11 & 12 Vict. c. 110.} APPENDIX. 829

mity with such regulations as they shall make, procure or assist in ton of cer-
procuring the emigration of any poor pérson rendered irremovable on nny
by virtue of the provisions of the said last mentioned Act, and charge- the cost upon
able or who would, if relieved, be chargeable upon the common fund of {he complon
such union, or in the case of any parish not comprised in a union who union or
may, though not settled therein, be irremovable as aforesaid there- Parish in
from, and such guardians shall in the case of a union charge the eerie
costs and expenses incurred in such emigration upon the common union.
fund, and in the case of a parish not ina union upon the monies in

their hands for the relief of the poor.

Sect. 6.—And be it enacted, That the cost of all the relief which Mode of
under the provisions of this Act shall be chargeable to the common {nivFpecne
fund of any union shall be charged to the common fund of such provided
union, in the same manner as union expenses are directed to be

charged by the herein first-recited Act.

Sect. 7.—And be it enacted, That the guardians of any union may, Guardians
on the application of the major part of the overseers of any parish Japation te
comprised in it, or of any person assessed to the poor rate in any be made at
such parish, cause a valuation to be made at any time of any pro- 2"y time of

: : property
perty alleged to be rateable to the relief of the poor, being a part only anteged to be
of the rateable property of such parish, and may charge the expenses rateable.
of such valuation to the overseers of ‘such parish, or to such person

so applying as aforesaid.

Sect. 8.—And be it enacted, That the guardians of any union shal] Guardians
be entitled to obtain orders of maintenance upon the relations liable aye or”
under any statute now in force to maintain any poor person whose maintenance
relief would be chargeable to the common fund of the union, in like 24 charge
manner as the churchwardens and overseers of any parish can now jike manner
obtain the same, and may expend in respect of such person, out of as churchy
such fund, any money for any purpose which the overseers of the "°°" “*
parish to which such person, if chargeable, would have belonged
might have done; and all relief to be granted by the guardians to Relief ad-
any pauper upon loan, and which shall be chargeable to the common vened ae
fund of the union, or to any parish therein, may be recoverable in ney bases
the County Court or other Court for the recovery of small debts for covered in
the district wherein the union or the major part thereof shall be com- CUNY, |.
prised, on the plaint of the said guardians, who may apply and be ;
heard in such Court by any officer appointed by them for such pur-
pose, in manner prescribed by the statutes enabling them to appoint
officers to act for them: Provided nevertheless, that the remedy
already provided by law for the recovery of the relief granted on
loan, shall be in force, and applicable to the relief so chargeable to
the common fund as ePrresaid.

Sect. 9.—And be it enacted, That if any person hereinbefore made Persons
chargeable upon the common fund of the union shall be convicted ae
before any justice of any offence committed in any workhouse while the common
maintained therein, or of deserting or running away from any work- fund of a

house, and carrying away clothes or other property therefrom, pees

and be liable to be committed to any gaol or house of correction, the victed of any
justice before whom any such person shall be convicted may commit zara ay
such person to the gaol or house of correction of the county or place mitted by a

containing the parish in which such person, if chargeable to the justice to the
330 APPENDIX. [11 &12 Vict. c. 110,

common common fund by reason of being exempt from removal under the
fre Sarenses Statute hereinbefore mentioned, shall have been residing, when ad-
of which mitted into the workhouse, or to that of the-county or place
shell be comprising the major part of such union, in the case of any other
inom thé person herein rendered chargeable on the said common fund, not-
county, &e. withstanding such workhouse may not be situated in such county or
place, or that such justice may not be a fae of such county or
place, and the charges of the conveyance of such person to such gaol
or house of correction, and all other charges consequent upon such
committal, shall be borne by such county or place in like manner as
the charges of persons committed in the ordinary mode to the gaol
thereof shall be borne.
i. mons“ Sect. 10.—And be it enacted, That upon application for relief by ad-
searched on mission to the workhouse of any such union as aforesaid or otherwise by
seein to any poor person professing to be a destitute wanderer or wayfarer, the
ormiouse- master, porter, or other officer of such workhouse, or the relieving officer
ofsuch union or overseer of any parish to whom such application for
relief shall be made, may search such person, or cause him to be
searched, and may take from such person any money which shall be
found upon him, and shall deliver the same to the guardians, to be
Persons ia by them applied in aid of the common fund of the union; and every
yrmeane, person who shall apply for relief at any workhouse or to any reliev-
applying for ing’ officer or overseer, having at the time of the application in his
ralief, Pan- possession and under his immediate control any money or other
idle and dis- property, of which, on inquiry made by the guardians or their
orderly per- officers, or by overseers, he shall not make correct and complete dis-
sone closure, shall be taken to be an idle and disorderly person within the
meaning of the Act of the fifth year of the reign of His late Malet
King George the Fourth, for the Punishment of idle and disorderly
Persons and Rogues and Vagabonds in England, and shall be pun-
ishable and dealt with-in all respects and with the like proceeds
as idle and disorderly persons under the said Act.

ee Sect. 11.—And be it enacted, That in any Court, and before any
ability co justice or justices, and for all purposes, a certificate of the charge-
form pre- ability of any person named therein in the form prescribed in the
scribed in schedule marked (C-) to the Act of the eighth year of the reign of
7&8 Vict. Her present Majesty for the Amendment of the Laws for Relief of
eae the Poor in England, and purporting to have been executed in the
sufficient. | manner prescribed by that Act, shall be received within the space of
evidence. © twenty-one days from the date thereof as sufficient evidence of the

/ chargeability of the person named therein, unless the contrary be

otherwise shown.
Interpreta- Sect. 12.—And be it enacted, That the several words used in this
tion of Act. Act shall be construed in the manner prescribed by the said first
herein-recited Act, and the statutes explaining and extending it.

Actmay be Sect. 13.—And be it enacted, That this Act may be amended or
qmended, repealed by any Act to be passed in this session of parliament.
12 Vict. cc. 8, 18.] APPENDIX. 331
12 Vict. c. 8.

An Act to remove doubts as to the Appointment of Overseers in
Cities and Boroughs. [22d March, 1849.]

Whereas doubts have been entertained as to the proper authority
for the appointment of overseers of the poor of the parishes com-
prised within certain cities and boroughs under the provisions of the
Act of the forty-third year of the reign of Queen Elizabeth, intituled, 48 Hliz. c. 2.
“* An Act for the Relief of the Poor,” and it is expedient that such
doubts should be removed: Be it therefore enacted by the Queen’s
most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present parliament Justices of
assembled, and by the authority of the same, That in every city, town {he peace
corporate, or borough the justices of the peace having jurisdiction diction
therein shall have the exclusive right of appointing the overseers of certain
the poor of the several parishes, townships, or other places separately ¢ities and
maintaing their own poor, or of any parts thereof, within the said have the
cities, towns corporate, and boroughs respectively, in like manner and ¢¢lusive
with the same effect as the justices of any county now have in res- ae
pect of the overseers of the poor of any parish within such county, overseers.
and they are hereby required from time to time to make such ap-

pointments accordingly.

Sect. 2.—And be it enacted, That so much of the said Act as Repeal of
renders the mayor, alderman, and head officer of any city, town, or part of the
place corporate liable, upon the default of the nomination of over- ¢, ae
seers therein, to lose and forfeit for every such default five pounds —
shall be, and the same is hereby repealed.

Sect. 3.—And be it enacted, That the appointments of any over- Appoint-
seers of the poor in such cities, towns corporate, or boroughs, here- ments of |
tofore made by justices of the peace therein, without the concurrence etice aud
of the mayor or other head officer thereof, shall be deemed and taken boroughs by
to be valid, and that every rate or assessment made or to be made, justices ren-
and every other act and thing done or to be done by any overseers

so appointed, shall, if otherwise lawful, be valid for all purposes.

Sect. 4.—Provided nevertheless, and be it enacted, That this Act Saving of
shall not apply to the city of London, nor to any of the parishes rae te
comprised therein, nor to the appointment of the overseers of any places under
parish, township, or place where such appointment is regulated by ocal Acts.

the provisions of any local Act.

Sect. 5.—And be it enacted, That this Act may be amended or Act may be
repealed by any Act to be passed in the present session of par~ amended, &c,
liament.

 

12 Vict. c. 13.

An Act to provide a more effectual Regulation and Control over the
Maintenance of poor Persons in Houses not being the workhouses
of any Union or Parish. [11th May, 1849.]

Whereas poor persons are sometimes lodged and maintained under
contracts or agreements for certain payments in houses and estab-
332 APPENDIX. [12 Vict. c. 13.

lishments not being the workhouses of any union or parish, not sub-
ject to the effective control of any guardians or overseers or other
parochial authorities, and no sufficient powers are vested Jin any
authority to regulate the houses or establishments wherein such
persons are lodged and maintained, and it is expedient that such
powers should be given : Be it therefore enacted by the Queen’s
most excellent Majesty, by and with the advice and consent of the
Thepoor —_ lords spiritual and temporal, and commons, in this present parliament
law Doare ‘o assembled, and by the authority of the same, That it shall be lawful
andregula- for the Commissioners for administering the laws for the relief of the
Hons 10 ne POor in England, and they are hereby required, from time to time as
the poor are. they shall see occasion, to make and issue all such rules, orders and
maintained regulations for the management of and government of any house or
Cy con- establishment wherein any poor person shall be lodged, boarded, or
maintained, for hire or remuneration, under any contract or agree-
ment entered into by the proprietor, manager, or superintendent of
such house or establishment, or on his behalf, with any guardians,
overseers, or other persons having the ordering or management of
the poor in any union, or parish, or for the education of any poor
children therein, in like manner and to the same extent as the said
Commissioners are by law empowered to do in the case of any work-
‘house belonging to any union or parish; and all such rules, orders,
and regulations shall have the like effect. as other rules, orders, and
regulations of the said Commissioners, and shall be obeyed accord-
ingly, with the like penalties, or any neglect or disobedience thereof,
to be enforced upon summary conviction, as penalties under the Act
4&5 W-* of the fifth year of His late Majesty king William the Fourth, in-
eee tituled “‘ An Act for the Amendment and better Administration of the
Laws relating to the Poor in England and Wales,” may now be enforced.

Nothing Sect. 2.—Provided nevertheless, and be it enacted, That nothing
hereunto) herein contained shall extend to any county lunatic asylum or hos-
lunatic asy- pital registered or house licensed for the reception of lunatics, nor
lumsand to any hospital, infirmary, school, or other institution supported by

hospitals. public subscriptions, and maintained for purposes of' charity only.

Rulesand re- Sect. 3.—And be it enacted, That the said Commissioners may
gulations i, direct their rules, orders, and regulations to any person being or
the manager acting as the proprietor, manager, or superintendent, or as an officer
or ober Or or assistant, in any such house or establishment as aforesaid, and the
ment. same shall come into operation so soon as the said Commissioners

shall therein declare, and shall be binding upon the person named

therein, and, if they shall so direct, upon every person who shall

afterwards succeed to him in the same capacity.

poe Sect. 4.—And be it enacted, That the said Commissioners, shall be
prohibit the empowered, if at any time they shall see just cause, to prohibit, by
reception or order under their seal, the reception or retention of any poor person,
rerteany oF any class of poor persons, in any such house or establishment,
such house. and thereupon it shall not be lawful for any such proprietor, man-
ager, or superintendent, or other officer or assistant, to receive or
retain any poor person therein, contrary to the terms of such order,
so long as it shall be in force, nor for any guardians, overseers, or
other such persons as aforesaid, to send any poor person to such house

or establishment, contrary to such order, provided that no such
12 Vict. c. 18.] APPENDIX. 333

guardians, overseers, or other such persons as aforesaid, nor any
officer of any union or parish, shall incur any legal responsibility in
respect of the neglect of such order, until a copy thereof shall have
been sent to the guardians of the union or parish, or to the overseers
of the parish, or other such person as aforesaid, in the manner in
which orders of the said Commissioners are now sent to guardians or
overseers.
Sect. 5.—And be it enacted, That the said Commissioners may, by ,,.,..,

. . * t aw
order under their seal, remove from his office or service any officer, hoard muy
servant, or assistant in any such house or establishment whom they remove any
shall deem unfit or incompetent to discharge the duties of his ‘cer of
situation, or who shall at any time refuse or wilfully neglect to obey
and carry into effect any of the rules, orders, or regulations issued
by the said Commissioners under their seal for the regulation of such
house or establishment, or of the officers or inmates thereof; and
thereupon such officer, servant, or assistant shall forthwith cease to
act in his office, service, or employment, and shall be entitled to
claim and recover a rateable proportion of his salary, wages, or other
remuneration up to the time of his being so removed, but no more,
from the person liable to pay the same, subject to any defence at
law which may then be open to the person from whom the same
shall be claimed.

Sect. 6.—And be it enacted, That the said commissioners may Poor law
from time to time issue any order which they may deem necessary board may
for regulating the mode in which any contract shall be entered into trast
for the lodging, boarding, or maintenance of any poor person, with
the proprietor, manager, or superintendent of such house or estab-
lishment as aforesaid, or the terms or the duration of any such con-
tract, and if after the issuing of any such order any contract or
agreement be entered into with such proprietor, manager, or super-
intendent, or any person on his behalf, not in accordance with such
order, the same shall be voidable, and, if the said Commissioners shall
so direct, the same shall be void and of no effect; and all payments
made under or in pursuance of any contract or agreement not made
and entered into in conformity with such order as aforesaid, at any
time after the said Commissioners shall have declared the same to be
void as aforesaid, and shall have given notice of such declaration
to the guardians, overseers, or other such persons as aforesaid, shall
be dissallowed in the passing and auditing of their accounts, or the
accounts of any of their officers by whom such payments shall have
been made or charged.

Persons may

Sect. 7.—And be it enacted, That the said Commissioners may, if pe appointed
they think fit, appoint a person either temporarily or permanently to to inspect
visit any such house or establishment, and to inspect the same, and eg
the poor persons received and maintained therein, and to make a maintained
report to such Commissioners upon any visit and inspection ; and therein.
such person shall be paid by the guardians or overseers, as the case Hemuneras
may be, of the several unions or parishes from which poor persons penons,
shall have been sent, and shall be at the time of such visitation
maintained therein, such remuneration as the said Commissioners
shall by order under their seal direct.

Sect. 8.—And be it enacted, that it shall be lawful for any justice Fences

of the peace acting in and for the jurisdiction in which such house ‘visit houses.
334 APPENDIX. [12 Vict. c. 14.

or establishment shall be situated to visit, inspect, and examine the
same, at such times as he shall think proper, for the like purpose
and with the same power as any ge has now by virtue of
the Act hereinbefore mentioned of the fifth year of His late
Majesty in respect of the workhouse of any union or parish;
Power to and it shall be lawful for the general board of health, where they
fener __ shall think proper, by order under the seal of the said board and the
healthto hands of any two or more members thereof, to authorize a super-
appoint a su- intending inspector to visit and inspect from time to time, or at such
Inspector to’ time or times as such board shall direct, any such house or establish-
visit houses, ment, and to ascertain the state and condition of the same, and of the
aca ue poor people therein, and to report thereon to the board; and it shall
be lawful for such superintending inspector accordingly so to visit and
inspect, and to ascertain such state and condition, and to examine
any officer, servant, assistant, or inmate of such house or establish-
ment in relation thereto: and the powers and provisions of the
Public Health Act, 1848, in relation to the examination of persons
for the purposes of an inquiry under such Act by a superintending
inspector, shall extend and be applicable to the examination of suc
officers, servants, assistants, and inmates.

Interpreta- Sect. 9.—And be it enacted, That the several words used in this

tion of Act. Act shall.be construed in the same manner as in the said Act of the
fifth year of His late Majesty, and the statutes explaining and
amending it, and all the provisions, enactments, and regulations con-
tained in the said Act, and the said subsequent statutes shall be ex-
tended to this Act, so far as the same may be applicable, and subject
to the provisions herein contained.

ek Sect. 10.—And be it enacted, That this Act shall extend only to

Wales only. England and Wales,

Act may be = Sect. 11.—And be it enacted, That this Act may be amended or
amended, &¢. yenealed by any Act to be, passed in this present session.

12 Vict. c. 14.

An Act to enable Overseers of the Poor and Surveyors of the High-
mays to recover the Costs of distraining for Rates.
[11th May, 1849.]

48 Bliz.c.2, _ And whereas provision is already made by law for the recovery of
5&6w.4, the sum or sums at which any person is rated or assessed to the
e. 50. relief of the poor, or is rated or assessed in any rate for the highways,
in England or Wales, by distress and sale of his goods and chattels,
and in default of such distress by commitment to prison until the’
same shall be paid; but no provision is made for levying the costs
and expenses incurred by the overseers of the poor or the surveyors
of highways in the recovery of the same respectively: Be it there-
tore enacted, by the Queen’s most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons,
in this present parliament assembled, and by the authority of the same, ,
Wherea war- That it shall be lawful hereafter for all justices of the peace, if in
jantordis- their discretion they shall so think fit, in any warrant of distress
granted for a they shall make and issue for the levying of any sum or sums to
poor-rate or which any person or persons is or are now or may hereafter be rated

highway rate, $ a
ee, thecosts OF assessed in or by any rate or assessment for the relief of the poor
12 Vict. c.14.] APPENDIX. 335

or for the highways in England or Wales, or in or by any other rate of obtaining
or assessment which by law now or hereafter is or shall be directed to levied.

be enforced or recovered in the same manner as @ poor rate, or in any

warrant for the levying of any arrears of the same, to order that a

sum, such as they may deem reasonable, for the costs and expenses

which such overseers or surveyors, or the persons applying for such

warrant, shall have incurred in obtaining the same, shall also be

levied of the goods and chattels of the person or persons against

whom such warrant shall be granted, together with the reasonable

charges of the taking, keeping, and selling of the said distress.

Sect. 2.—And whereas, by an Act passed in the forty-third year tmprison-
of the reign of Queen Elizabeth, intituled “An Act for the Relief of mentin de-
the Poor,” it is amongst other things enacted, That in default of dis- fault of dis-
tress for a poor rate it shall be lawful for two justices of the peace 4s Bhiz.c.
to commit the party against whom the distress warrant shall have
issued to the common gaol of the county, there to remain without bail
or mainprize until payment: And whereas it is desirable to limit the
time within which a person assessed to a poor rate, or any other of the
rates or assessments aforesaid, may be imprisoned for nonpayment of
the same: Be it therefore enacted, That so much of the said re-
cited Act as relates to the commitment of any person to the county
gaol for nonpayment of any poor rate, or for default of distress
whereon to levy the same, shall be and the same is hereby repealed;
and every person now undergoing any such imprisonment under or $9 much of
by virtue of the said recited Act shall be discharged from such im- as relates to
prisonment so soon as he or she shall have been imprisoned three om
calendar months, or shall sooner pay the sum or sums with which he nonpayment
or she is charged ; and that hereafter, when to any warrant of dis- of rates, or
tress for the levying of any sum or sums to which any person or 1" default
persons is or are now or may hereafter be rated or assessed in or by repealed.
any rate or assessment hereinbefore mentioned it shall be returned
by the constable or person having the execution of such warrant
that he could find no goods or chattels, or no sufficient goods or Power to _
chattels, whereon to levy such sum or sums, together with the costs dcrimpri-
of or occasioned by the levying of the same, it shall be lawful for exceeding
any two or more justices of the peace before whom the same: shall three montis
be returned, or for any two or more justices of the peace for the same distress.
county, riding, division, liberty, city, borough, or place, if in their
discretion they shall so think fit, to issue their warrant of commit-
ment against the person with relation to whom such return shall be so
made as aforesaid, in the form (D.) in the schedule to this Act an-
nexed, or in any form to the like effect, and thereby order such per-
son to be imprisoned in the common gaol or house of correction for
any time not exceeding three calendar months, unless the sum or
sums therein mentioned shall be sooner paid; and every such war-
rant of commitment made or issued for default of distress as afore-
said shall be made as well for the nonpayment of the costs and ex-

enses so as aforesaid incurred in obtaining such warrant of distress,
if the same shall be so ordered as aforesaid, and the costs attending
the said distress, and also the costs and charges of taking and con-
veying the party to prison (the amount of such several costs, ex-
enses and charges pa stated in such warrant of commitment), as
‘or the nonpayment of the sum or sums alleged to be due for the said

rates respectively.
836 APPENDIX. [12 Vict. c. 14.

One warrant Sect. 8.—And be it enacted, That for the saving of expense in the
may be levying of any sum or sums for rate or costs as aforesaid it shall be
aeainet seve- lawful to make and issue one warrant of distress against any number
ral rate pay- of persons neglecting or refusing to pay the same, in the form in the
ere e but as Schedule to this Act annexed ; but nothing herein shall be deemed: or
to a commit- construed to authorize justices in like manner to grant or issue one
ment in Je; warrant of commitment against several persons in default of distress
tresp: as aforesaid.
To whom Sect. 4.—And be it enacted That the warrants aforesaid may be
warrants of directed to the churchwardens and overseers of the poor, or the over-
commitment seers of the poor, or the surveyors of the highways respectively,
ote and to the constable of the parish or township, and to any other
"person or persons, or to any one or more of them, as by the justices

granting the same shall be deemed fit.

Summons, Sect. 5.—And be it enacted, That every summons to be issued against
andhow § any person for nonpayment of any sum for which he or she is or
served shall be so rated or assessed as aforesaid shall be directed to such

person, and may be in the form (B.) in the schedule to this Act
annexed, or in any form to the like effect; and the same may be
served by any churchwarden or overseer of the poor, or surveyor of
the highways, respectively, or constable or other person, to whom it
shall be delivered for that purpose, upon the person to whom it is so
directed, by delivering the same to the party personally or by leaving
the same with some person for him or her at his or her last place of
abode; and the person who shall serve the same in manner aforesaid
shall attend at the time and place and before the justices in the said
summons mentioned, to depose if necessary to the service of the said
summons ; and if, upon the day and at the place appointed in and by
inet obeyed, the said summons for the appearance of the party so summoned, such
inay proceed party shall fail to appear accordingly in obedience to such summons,
ex parte, then and in every such case, if it be proved upon oath or affirmation
to the justices then present that such summons was duly served as
aforesaid a reasonable time before the time so appointed for his or
her appearance as aforesaid, it shall be lawful for such justices of
the peace in their discretion, if they shall so think fit, to proceed
ex parte, in the same manner to all intents and. purposes as if
such party had personally appeared before them in obedience to
the said summons.
On payment Sect. 6.— And be it enacted, That in all cases where any proceedings
or tender of have been or shall hereafter be taken to compel payment of any sum
proceedings for which any such person jis or shall be so rated or assessed as afore-.
tocease. = said, if at any time before such person shall be committed to and
lodged in prison for nonpayment thereof, or for or by reason of its
being returned to such warrant of distress as aforesaid that there are
no goods or chattels or no sufficient goods or chattels of such person
whereon the same may be levied as aforesaid, such person shall
pay or tender to the churchwardens or overseers of the poor, or any
of them, or to the surveyor of highways respectively, or other per-
son authorized to collect or receive such rate, the sum so sought to
be recovered, together with the amount of all costs and expenses up
to that time incurred in the proceedings so taken to compel payment
thereof as aforesaid, then and in every such case the person to whom
such sum and costs shall be so paid or tendered shall receive the same,
12 Vict. c. 14.] APPENDIX. 337

and thereupon no further proceedings for the recovery of the same
shall be had or taken. ;

Sect. 7.—And be it enacted, That in all cases where such costs and Costs already
expenses as aforesaid shall have been paid and received, or any pro- eS
ceedings taken or imprisonment had for nonpayment of the same, A med lokals
such payment and receipt, and such proceedings or imprisonment,
shall be deemed legal to all intents and purposes, and no action or
other proceeding shall be had or proceeded in for or in respect of the
same.

Sect. 8.—And whereas it may be convenient, and save expense and Forms in
litigation, if forms to be used for the purpose of levying the sums ‘schedule
aforesaid should be given : Beit enacted, That the forms in the shedule sai
to this Act contained, or forms to the same or the like effect, shall be
deemed good, valid, and sufficient in law.

Sect. 9.—And whereas it is desirable to limit the time within which T™prison-
a person assessed to a church rate may be imprisoned for nonpay- nonpayment
ment of the sanie: Be it enacted, That every person now undergoing of church
any such imprisonment shall be discharged from such imprisonment "*¢limited.
so soon as he or she shall have been imprisoned three calendar
months, or shall sooner pay the sum or sums with which he or she
is charged ; and that hereafter no person shall be imprisoned for the
nonpayment of any church rate for any time exceeding three calendar

months.

SCHEDULE.

(A. 1.)
Complaint of the Overseers or Surveyors against one Ratepayer.

— Be it remembered, that on the day of —— in the

to wit. § year of our Lord —— the [churchwardens and overseers
of the poor, or the surveyors of the highways] of the parish of ——
in the county of —— aforesaid, by C. D., one of the said [overseers
or surveyors], complain to the undersigned, [one] of Her Majesty’s
justices of the peace in and for the said [county], that A. B. of the
said [parish], being a person duly rated and assessed to [the relief
of the poor, or the maintenance of the highways] of the said parish, ~
in and by a rate * made on the —— day of —— in the year —— in
the sum of —— hath not paid the same or any part thereof, but hath
refused so to do: wherefore the said [churchwardens and overseers
or surveyors|, by C. D. aforesaid, pray that the said A. B. may be
summoned to appear before two of Her Majesty’s justices of the
peace, to show cause why he hath not paid and refuses to pay the

said sum.

 

C.D.
Made and exhibited before me
at —— in the county of ——-
on this —— day of —— 1849.
E. F.
* Or,in and by several rates made on —— and on —~~in the

several sums of —— and of ——.
Z
APPENDIX. [12 Vict. ¢. 14.

(A. 2.)
Complaint aguinst several Ratepayers.
Be it remembered, that on the —— day of —— in the
to wit. tos of our Lord —— the [churchwardens and overseers

of the poor, or the surveyors of the highways] of the parish of ——
in the [county] of aforesaid, by C. D., one of the said [overseers
or surveyors complain to the undersigned, [one] of Her Majesty’s
justices of the peace in and for the said [county], that the several
persons whose names are mentioned and set. out in the schedule here-
under written, being persons duly rated and assessed to [the relief of
the poor, or the maintenance of the bighways] of the said parish, in
-and by the rates in the said schedule mentioned, in certain sums set
down opposite to their respective names in the said schedule, have
not Se edi paid the said sums or any part thereof, but have
respectively refused so to do: Wherefore the said [churchwardens and
overseers, or pool Kael by C. D. aforesaid, pray that the said several
oe may respectively be summoned to appear before two of Her
ajesty’s justices of the peace, to show cause respectively why they
have not paid and refuse to pay the said sums respectively.

 

 

 

 

 

 

 

 

 

 

SCHEDULE.
Under Rate Arrears due
Names of the Residence. dated under Rate Total Sum
Ratepayers. the—, 1849. ‘tin ws, due.
£38. d. £38 d. £8 dad.
A.B. - - | (here state 170 170 214 0
I K.- - it) 013 0 - - - | 013 0
L.M. - - --- 018 6 018 6
N.P. - - - 014 8 014 8 18 6
Cc. D.

Made and exhibited before me —— at ——
in the county of —— on this —— day
of —— 1849.

E. F.

(B.)
Summons upon the Complaint.

To A. B. of

Whereas complaint hath this day been made before the undersigned,
[one] of Her Majesty’s justices of the peace in and for the [county] of
——— by the [churchwardens and overseers of the poor, or surveyors
of the highways] of the parish of in the said [county], that you,
being a person duly rated and assessed to [the relief of the poor,or
the maintenance of the highways] of the said parish, in and by a rate
made on the —— day of —— 1849, in the sum of ——, hath not

 
12 Vict. ¢. 14.) APPENDIX.

paid the same or any part thereof, but hath refused so to do: These
are therefore to command you, in Her Majesty’s name, to be and
appear on at —— o’clock in the forenoon, at —— before such
two or more justices of the peace for the said [county] as may then be
there, to show cause why you have not paid and refuse to pay the
same, otherwise you shall be proceeded against by default as if you
had appeared, and be dealt with according to law.

Given under my hand and seal, this —— day of —~ in the year
of our Lord —— at ——~ in the [county] aforesaid. ap

Take notice, that you have already incurred the undermentioned
costs; viz.:

 

s. d.
Clerk to the justices - - - oS °
Overseer [or surveyor], for obtaining the suramons
Constable, for serving ditto - - - 3 - 10
Ditto, travelling expenses at threepence per mile -
Total -

If the amount of these charges, together with the rate claimed, be
paid to the overseer [o7 surveyor] before the day on which the sum-
mons is returnable, all further proceedings will be stopped.

(C. 1.)

Warrant of Distress against One Ratepayer.
To the overseers of the poor [or to the surveyors of the highways]

of the parish of —— in the [county] of ——, and to the con-
stable of ——, and to all other peace officers in the said [county].
Whereas on —— last past a complaint was made before H. F., one

of Her Majesty’s justices of the peace in and for the [county] of ——
by the [churchwardens and overseers of the poor, or surveyors of the
highways] of the parish of —— in the said [county], that A. B.,
being a person duly rated and assessed to the relief of the poor [or to
the maintenance of the highways] of the said parish in and by a rate
made on in the sum of had not paid the same or any part
thereof, but had refused so to do; and now at this day, to wit, on
at —— the parties aforesaid appear before us, the undersigned, two
of Her Majesty’s justices of the peace in and for the said county [or
the said churchwardens ard overseers, o7 surveyors, by C. D., one of
the said overseers, o7 surveyors, appear before us, the undersigned,

 

 

 

two of Her Majesty’s justices of the peace in and for the said county; °

but the said A. B., although duly called, doth not appear by himself,
his counsel or attorney, and it is now satisfactorily proved to us on
oath that the said A. B. has been duly served with the summons in
this behalf, which required him to be and appear here at this day
before such two or more justices of the peace as should now be here,
to answer the said complaint, and to be further dealt with according
to law]; and now having heard the matter of the said complaint, and
it being now duly proved to us gree oath [in the presence and
Zz

339
340

APPENDIX. [12 Vict. ¢. 14.

hearing of the said A. B.], that an assessment for the [relief of the
poor, or the maintenance of the highways] of the said parish of —~
and for other purposes chargeable thereon one to law, dated the
—~ was duly made, allowed, and published, and that the said A. EZ.
is therein and thereby assessed at the sum of —— aforesaid*, and that
the said sum hath been duly demanded of the said A. B., but that he
hath not paid, and hath refused and still refuses to pay the same;
and the said A. B. now not showing to us any sufficient cause for not
paying the same, these are therefore to command you, in Her Ma-
jesty’s name, forthwith to make distress of the goods and chattels of
the said A. B.; and if within the space of [five] days after the
making of such distress the said sum, and the sum of —— for the
costs incurred by the said {[churchwardens and overseers, or sur-
veyors] in obtaining this warrant, together with the reasonable
charges of taking and keeping the said distress, shall not be paid, that
then you do sell the said goods and chattels so by you distrained, and
out of the money urising by such sale you retain the said sums of
—— and rendering the overplus, on demand, to the said A. B.,
the reasonable charges of taking, keeping, and selling the said distress
being first deducted ; and if no such distress can be found, that then
you certify the same unto us, to the end that such further proceedings
may be had herein as to the law.doth appertain.

Given under our hands and seals, this day of —— in the year
of our Lord —— at —— in the [county] aforesaid. EP

G. H.

* And that a certain other assessment for the relief, &c. to the
asterisk, if there be arrears.

 

 

(C. 2.)
Warrant of Distress against several Ratepayers.

To the overseers of the poor or the surveyors of the highways of.
the parish of ——, in the po of , and to the constables
of ——, and to all other peace officers in the said [county].

Whereas on —— last past a complaint was made before E. F., one
of Her Majesty’s justices of the peace in and for the [county] of —,
by the [churchwardens and overseers of the poor, or the surveyors of
the highways] of the parish of ——, in the said [county], that the
paveral persons whose mames are mentioned and set forth in the
schedule hereunder written, being persons duly rated and assessed to
(the relief of the poor, or maintenance of the be of the said
parish, in and by the rates in the schedule in that complaint and in
this warrant underwritten, in certain sums set down opposite to their
respective names in the said schedule, had not respectively paid the
said sums or any part thereof, but had respectively refused so to do;
and now at this day, to wit, on ——, at’ ——, the said [churchwardens
and overseers, or surveyors] by C. D., one of the said overseers, or
surveyors, and A. B., J. K., and L. M., some of the said parties in
the said schedule mentioned, apps before us, the undersigned, two;
of Her Majesty’s justices of the peace in and for the said county}
but the said WV. P., although duly called, doth not appear by himselt,

 
12 Vict. c.14.] APPENDIX.

his counsel or attorney, and it is now satisfactorily proved to us on
oath that the said N. P. has been duly served with the summons in
this behalf, which required him to be and appear here at this day
before such two or more justices of the peace as should now be here
to answer the said complaint, and to be further dealt with according
to law; and now having heard the matter of the said complaint
against the said several parties, and it being now duly proved to us
upon oath, in the presence of the parties so appearing as aforesaid,
that an assessment for [the relief of the poor] of the said parish of ——
and for other purposes chargeable therein according to ae dated the
—— was duly made, allowed, and published, and that the said
several persons whose names are mentioned and set out in the
schedule hereunder written are therein and thereby assessed at the
sums set down opposite to their respective names in the said schedule,
and that the said several sums have been duly demanded of them
respectively, but they have not nor hath any of them paid the said
sums or any of them, or any part thereof respectively, but they have
refused and still do refuse to pay the same respectively, and have not,
nor hath any of them, showed to us sufficient cause for not paying
the same; these are therefore to command you, in Her Majesty’s
name, forthwith to make distress of the goods and chattels of the
several persons whose names are mentioned and set out.in the
schedule hereunder written ; and if within the space of five days after
the making of such distress respectively the said several sums set
opposite to their respective names at which they were so rated and
assessed as aforesaid, and the said several sums for costs incurred by
the said [churchwardens and overseers, or surveyors], also set opposite
to their respective names, together with the reasonable charges of
taking and keeping the said distress in each case, shall not be paid,
that then you do sell the goods and chattels of the party so making
default so by you distrained, and out of the money arising by such
sales respectively you retain the sums so set opposite to the name of
each party whose goods you shall have so sold, rendering to him the
overplus, the reasonable charges of taking, keeping, and selling the
said distress being first deducted ; and if in any of the cases men-
tioned in the schedule hereunder written no such distress can be
found, that then you certify the same unto us, to the end that such
further proceedings may be had herein as to the law doth appertain.

 

 

 

 

 

 

 

 

 

SCHEDULE.
| Names of Under Rate Arrears due
the Rate- | Residence. dated —1849 under Rate Costs. Total.
payers. - dated—1848.
£8. d. £3ad|)£5.d | £38 da
A. B. (here 17 °0 170 060);,383 00
I. K. state it) 013 0 e- - 020 015 0
L.M. | - - --- 018 6 0.38 0;1 1 6
N.P. - - 014 3 014 8 05 0; 1138 6
. Given under our hands and seals, this —— day of —— in the year
of our Lord —— at —— in the [county] aforesaid.

EB. F.
£5 G. H,

341
342

APPENDIX. [12 Vict. c. 14.

(D.)
Warrant of Commitment in default of Distress.

To the overseers of the poor [or the surveyors of the highways]
of the parish of . in the [county] of ——, and to the con-
stable of ——, and to all other peace officers in the said [county],
and to the keeper of the [House of Correction] at ——, in the
said [county].

Whereas on —— last past a complaint was made before E. F.,
esquire, one of Her Majesty’s justices of the peace in and for the said
[county] of ——, by the pourra and overseers of the poor,
or surveyors of the highways] of the parish of ——, in the said
[county], that A. B., being a person duly rated to the [relief of the
poor, or maintenance of the highways] of the said parish, in and by a
rate made on —— in the sum of —— had not paid the same or any
part thereof, but had refused so to do; and afterwards on —— at
—— the parties aforesaid appeared before E. F. and G. H., esquires,
two of Her Majesty’s justices of the peace in and for the said county
{or the said churchwardens and overseers, or surveyors, by C. D.,
one of the said overseers, or surveyors, appeared before EZ. F. and
G. H., esquires, two of Her Majesty’s justices of the peace in and for
the said county]; but the said A. 8. although duly called, did not
appear by himself, his counsel or attorney, and it was then satisfac-
torily proved to the said justices that the said A. B. had been duly
served with the summons in that behalf, which required him to be
and appear there at that day before such two or more justices of the
peace as should then be there, to answer the said complaint,and to be
further dealt with according to law; and then having heard the
matter of the said complaint, and it being then duly proved to the
said justices upon oath [in the presence and hearing of the said A. A)
that an assessment for the [relief of the poor, or the maintenance of
the highways of the said parish of , dated the ——, was duly
made, allowed, and published, and that the said A. B. was therein
and thereby assessed at the sum of aforesaid, and that the said
sum had been duly demanded of the said A. B., but that he had not
paid, and had refused and still refused to pay the same, and the said
A. B. then not showing to the said EZ. F’. and G. H. any sufficient
cause for not paying the same, the said justices thereupon then
issued a warrant to ——, commanding them to levy the said sum of
——, and the sum of ——, for the costs incurred in obtaining that
warrant, by distress and sale of the goods and chattels of the said
A. B.: And whereas it now appears to me, the anes one of
Her Majesty’s justices of the peace in and for the sai Jeounty), as
well by the return of the said —— to the said warrant of distress as
otherwise, that the said —— hath made diligent search for the goods
and chattels of the said A. B., but that no sufficient distress whereon
to levy the said sums above mentioned could be found: These are
therefore to command you the said [churchwardens and overseers, or
surveyors] and constable and peace officers, or some or one of you, to
take the said A. B., and him safely to convey to the [ House of Cor-
rection] at aforesaid, and there deliver him to to the said keeper,
together with this precept: And I do hereby command you, the sai
keeper of the said | House of Correction], to receive the said A. B.

 

 

 

 
12 & 18 Vict. c. 45.] APPENDIX. 343

into your custody in the said [House of Correction], there to imprison
him for the space of —— unless the said sums of ——, and ——,
together with the sum of ——, for the costs attending the said dis-
tress, and the further sum of —— being the costs and charges of this
commitment, and of taking and conveying the said A. B. to prison,
making in the whole the sum of ——, shall be sooner paid unto you
the said keeper: And for your so doing this shall be your sufficient
warrant,

Given under my hand and seal this —— day of —— in the year
of our Lord ——, at ——, in the [county] aforesaid.

J. LD, (u.8.)

12 & 18 Vict. c. 45.

An Act to amend the Procedure in Courts of General and Quarter
Sessions of the Peace in England and Wales, and for the better
Advancement of Justice in Cases within the Jurisdiction of those
Courts. [28th July, 1849.]

Whereas, in cases of appeal to Courts of general or quarter sessions
of the peace, it is expedient that the law should be more uniform:
Be it therefore enacted by the Queen’s most excellent Majesty, b
and with the advice and consent of the lords spiritual and temporal,
and commons, in this present parliament assembled, and by the
authority of the same, That in every case of appeal (except as herein- ypitormity
after mentioned) to any Court of general or quarter sessions of the of time for
peace fourteen clear days’ notice of appeal at least shall be given, and meee of
such shall be sufficient notice, any Act or Acts, or any rule or prac- “PP
tice of any Court or Courtsto the contrary notwithstanding ; and such yotice of
notice of appeal shall be in writing, signed by the person or persons appeal to be
pe the same, or by his, her, or their attorney on his, her, or their in writing,
behalf, and the grounds of appeal shall be specified in every such notice: °"° “8™*"
Provided always, that it shall not be lawful for the appellant or appel- oa oe
lants, on the trial of amy such appeal, to go into or give evidence of sited.
any other ground of appeal besides those set forth in such notice.

Sect. 2.—And be it enacted, That none of the provisions herein- Act hot to -
before contained relating to notices of appeal shall be construed to deainst
affect or alter the law as to notice of appeal against a summary con- orders of
viction, or against an order of removal, or against an order under remove
any statute relating to pauper lunatics, or against an order in bastardy, &e.
bastardy, or against any proceeding under or by virtue of any «
of the statutes relating to Her Majesty’s revenue of excise or cus-
toms, stamps, taxes, or a ee but the law with regard to notices
of all such appeals shall be deemed and taken to be the same as if

the provisions hereinbefore contained had not been enacted.

Sect. 3.—And whereas a statement of the grounds of appeal, Defects in
when required by this or any other statute, is for the purpose of pare
enabling the party receiving it to inquire into the subject of such appeal.
statement, and if need be, to ee for trial: Be it therefore
enacted, That upon the hearing of any appeal to any Court of general
or quarter sessions of the peace no objection on account of any
defect in the form of setting forth any ground of appeal shall be
allowed, and no objection to the reception of legal evidence offered in
B44 APPENDIX. [12 & 13 Vict. c. 45.

support of any ground of appeal shall prevail, unless the Court shall
be of opinion that such ground of appeal is so imiperfectly or in-
correctly set forth as to be insufficient to enable the party receiving
the same to inquire into the subject of such statement, and to pre+
Amendment pare for trial: Provided always, That in all cases where the Court
* greet” shall be of opinion that any objection to any poo of appeal, or
to the reception of evidence in support thereof, ought to prevail, it
shall be lawful for such Court, if it shall so think fit, to cause any
such ground of appeal to be forthwith amended by some officer of
the Court, or otherwise, on such terms as to payment of costs to the
other party, or postponing the trial to any other day in the same sessions
or to the next subsequent sessions, or both payment of costs and post-
ponement, as to such Court shall appear just and reasonable.

Frivolous Sect. 4.—And be it enacted, That if in any notice of appeal the
gr ounds of appellant or alters shall have included any ground or grounds of
ppeal. i % me ee
appeal which shall in the opinion of the Court determining the ap-
ee be frivolous or vexatious, such appellant or appellants shall be
iable, if the Court shall so think fit, to pay the whole or any part of
the costs incurred by the respondent or respondents in disputing any
such ground or grounds of appeal, such costs to be recoverable in the
manner hereinafter directed as to the other costs incurred by reason
of such appeal.

Besstons to Sect. 5.—And be it enacted, That upon any appeal to any Court
ral power to Of general or quarter sessions of the peace the Court before whom
give costs in the same shall be brought may, if it think fit, order and direct the
all cases of party or parties against whom the same shall be decided, to pay to
sand the other party or parties such costs and oe as may to such
Court appear just and reasonable, such costs to be recoverable in the
manner provided for the recovery of costs upon an appeal against an
order or conviction by an Act passed in the twelfth year of Her
Majesty’s reign, intituled “‘ An Act to facilitate the Performance of
11 & 12 Vict. the Duties of Justices of the Peace out of Sessions within England

idl and Wales with respect to summary Convictions and Orders.”
Frivolous Sect. 6,—And for the more effectual prevention of frivolous appeals,
appeals. be it enacted, That any Court of general or quarter sessions of the

ees upon proof of notice of any appeal to the same Court having
een given to the party or parties entitled to receive the same,
though such appeal was not afterwards prosecuted or entered, may,
if it so think fit, at the same sessions for which such notice was
given, order to the party or parties receiving the same such costs and
charges as by the said Court shall be thought reasonable and just to
be paid by the party or parties giving such notice, such costs to be
‘recoverable in the manner last aforesaid.

Amendment Sect, 7.—And whereas in many cases, where justices of the peace
Wiens at are by law empowered to make orders or to give judgments, great
justiceson expense and frequent failures of justice have been occasioned by
ae er reason that such orders or judgments have, on appeal to the general
certiorari. oO quarter sessions of the peace, or on removal by certiorart into the
Court of Queen’s Bench, been quashed or set aside upon exceptions
or objections to the form of the order or judgment, irrespective of
the truth and merits of the matters in question; For remedy:
12 & 18 Vict. c. 45.] APPENDIX, 345

thereof be it enacted, That if upon the trial of any appeal to any
general or quarter sessions of the peace against any order or ae
ment made or given by any justice or justices of the peace, or if upon

the return to any writ of certiorari any objection shall be made on

account of any omission or mistake in the drawing up of such order

or judgment, and it shall be shown to the satisfaction of the Court

that sufficient grounds were in proof before the justice or justices

making such order or giving such judgment to have authorized the

drawing up thereof free from the said omission or mistake, it shall be

lawful hie the Court, upon such terms as to payment of costs as it

shall think fit, to amend such order or judgment, and to adjudicate
thereupon as if no such omission or mistake had existed: Provided

always, that no objection on account of any omission or mistake in Rule for |
any such order or judgment brought up upon a return to a writ of to state ob-
certiorari shall be allosred unless such omission or mistake shall jections.
have been specified in the rule for issuing such certiorari.

Sect. 8.—And whereas the statutes giving a right of appeal amendment
against orders or summary convictions frequently require a recog of recogni-
nizance or recognizances to be entered into as a condition of such ;
appeal, and appellants are liable to be prevented from trying their
appeals upon the merits, in consequence of imperfections in the
taking of such recognizances: Be it enacted, That where any recog-
nizance or recognizances which shall have been entered into within
the time by law required before any justice or justices for the purpose
of complying with any such condition of appeal shall appear to the
Court before which such appeal is brought to have been insufficiently
entered into, or to be otherwise defective or invalid, it shall be lawful
for such Court, if it shall so think fit, to permit the substitution of a
new and sufficient recognizance or new and sufficient recognizances
to be entered into before such Court in the place of such insufficient,
defective, or invalid recognizance or recognizances, and for that
purpose to allow such time, and make such examination, and impose
such terms as to payment of costs to the respondent or respondents,
as to such Court shall appear just and reasonable ; and such substi-
tuted recognizance or recognizances shall be as valid and effectual to
all intents and purposes as if the same had been duly entered into at
any earlier time or times as required by any statute or statutes for
that purpose.

Sect. 9.—And be it enacted, That the decisions of the Court of Decisions of
general or quarter sessions of the peace upon the hearing of any cee,
appeal, as to the sufficiency of the statement of any ground or “7°? *"**
grounds of appeal, and as to the amending or refusing to amend any
order or judgment of a justice or justices appealed against, or the
statement of any ground or grounds of appeal, and as to the substi-
tution of any new recognizance or recognizances as aforesaid, shall
be final, and shall not be liable to be reviewed in any Court, by means
of a writ of certiorari or mandamus, or otherwise.

Sect. 11.—And be it enacted, That at any time after notice given Power to
of appeal to any Court of general or quarter sessions of the peace States special
against any judgment, order, rate, or other matter, (except an order going to the

in bastardy, or a proceeding under or by virtue of any of the statutes

’
346

APPENDIX. [12 & 18 Vict. c. 45.

sessions pre- relating to Her Majesty’s revenue of excise or customs, stamps,

viously.

References
to arbitra-
tion.

9&10 W. 3.
ce. 15.

References
by order of
Court of
sessions.

taxes, or post-office) for which the remedy is by such appeal, it
shall be lawful for the parties, by consent, and by order of any
judge of one of the superior Courts of common law at Westminster,
to state the facts of the case in the form of a special case for the
opinion of such superior Court, and to agree that a judgment in con-
formity with the decision of such Court, and for such costs as such
Court shall adjudge, may be entered on motion by either party at the
sessions next or next but one after such decision shall have been
given ; and such judgment shall and may be entered accordingly,
and shall be of the same effect in all respects as if the same had been
iven by the Court of general or quarter sessions upon an appeal
daly entered and continued.

Sect. 12.—And whereas, by a statute passed in the tenth year of
King William the Third, intituled “An Act for determining Dif-
ferences by Arbitration,” Provision was made for rendering more
effectual the awards of arbitrators in the case of controversies and
disputes for which there is no remedy but by personal action or b
suit in equity: And whereas it is expedient in like manner to facili-
tate and render more effectual references to arbitration of contro-
versies and disputes for which the remedy is by appeal to a Court of
general or quarter sessions of the peace: Be it enacted, That at any
time after notice given of appeal to any Court of general or quarter
sessions of the peace against any order, rate, or other matter (except
a summary conviction, or an order in bastardy, or any proceeding
under or by virtue of any of the statutes relating to Her Majesty’s
revenue of excise or customs, stamps, taxes, or post-office), for which
the remedy is by such appeal, it shall be lawful for the parties, by
themselves or their attornies, and by order of a judge of Her Ma-
jesty’s Court of Queen’s Bench, to submit the matter or matters of
such appeal to the award or umpirage of any person or persons, and
to agree that such submission ahaa: be made a rule of the said Court
of Queen’s Bench, and to insert such agreement in their submission
or the condition of the bond or promise whereby they oblige them-
selves respectively to submit to the award or umpirage of such per-
son or persons; and thereupon such and the like proceedings in all
respects shall and may be taken with regard to submissions under
this Act, and to enforcing awards or umpirages thereupon, and to
setting aside the same, as are authorized by the said Act of Kin
William the Third with regard to the cases therein provided for : Acd
every award or umpirage duly made under this Act shall be as bind-
ing and effectual to all intents as if the same had been a regular
judgment of the said Court of general or quarter sessions, and shall
and may, on the application of either party, be enrolled among the
records of the said Court of sessions.

Sect. 13.—And be it enacted, That it shall be lawful for any Court
of general or quarter sessions of the peace before which any appeal
(except against a summary conviction, or an order in bastardy, or
any proceeding under or by virtue of any of the statutes relating to
Her Majesty’s revenue of excise or customs, stamps, taxes, or post-
office) shall be brought, to order, with consent of the parties or
their attornies, that the matter or matters of such appeal be referred
12 & 138 Vict. ¢. 45 ] APPENDIX, 34?

to arbitration to such person or persons and in such manner and on
such terms as the said Court shall think reasonable and proper; and
such order may be made a rule of the Court of Queen’s Bench, on
the application of either party; and the award of the arbitrator or
arbitrators, or umpirage of the umpire, may on motion by either
party at the sessions next or next but one after such award or um-
pirage shall have been finally made and published, or after the decision
of the Court of Queen’s Bench on any motion for setting aside the
same, be entered as the judgment of the Court of general or quarter
sessions in the appeal, and shall be as eee and effectual to all
intents as if given by the said Court: Provided always, that the
Court of Queen’s Bench may, if it think fit, on application within
the term next after the making and publication ae such award or
umpirage, either refer the case back again to the same arbitrator, ar-
bitrators, or umpire, or wholly set aside the award or umpirage
already made, and may in the latter event order the Court of
general or quarter sessions to enter continuances and hear the
appeal.

Sect. 14.—And beit enacted, That if upon any reference to arbitra- Where refer-
tion under this Act it shall be made to appear to the Court of Queen’s ence abortive
Bench, that either from the death of the arbitrator or arbitrators, or Bench Fe
umpire, or from any other cause, it has become impossible that an may order
award or umpirage can be made, it shall be lawful for the said Court fosoun!°
to order the Court of general or quarter sessions of the peace to enter appeal.

continuances and hear the appeal.

Sect. 15.—And be it enacted, That the several provisions relating 8&4 W.4,c.
to arbitration contained in an Act of the fourth year of King William one
the Fourth, intituled “An Act for the further Amendment of the references
Law, and the better Advancement of Justice,” shall be deemed and wder this
taken to be applicable to arbitrations under this Act; and in every ~
such. arbitration the arbitrator or arbitrators, or umpire shall have Arbitrators
the same powers of amendment which the Court of general or 0ave,
quarter sessions of the peace would have had on the trial of the amendment.

appeal.

Sect. 16.—And be it enacted, That no recognizance entered into Recogni-
pursuant to any statute or statutes for the prosecution and trial of zancesfor
any appeal shall be. deemed to be forfeited by such agreement as Prysnuw
aforesaid for the statement of a special case without previously appeal.
going to the Court of general or quarter sessions, or by any submisson

to arbitration under the provisions of this Act.

Sect. 18.—And be it enacted, That in all cases where any order Enforcing
shall be made by any Court of general or quarter sessions of the orders of
peace it shall be lawful for the Court of Queen’s Bench, or for any *°"*
judge of that Court at chambers, either in term or vacation, upon
the ge es of any person entitled to enforce such order, and
upon the production of a copy of such order under the hand of the
clerk of the peace or his deputy, and upon proof of refusal or neglect
to obey such order, to order and direct such order of the Court of
general or quarter sessions to be removed into the said Court of
Queen’s Bench, and thereupon such order shall be of the saine force
and effect, and may be enforced in the same manner, as a rule made
348 APPENDIX. [12 & 18 Vict. cc. 64, 106.

by the said Court of Queen’s Bench; and all the reasonable costs
and charges attendant upon such application and removal shall be
recoverable in like manner as if the same were part of such order.

ional fo bent Sect. 19.—And be it enacted, That nothing in this Act contained
Jand or shall extend to Scotland or Ireland.

Commencee Sect. 20.—And be it enacted, That this Act shall come into opera-
ment of Act. tion on the first day of November, One thousand eight hundred and

forty-nine.

Act maybe Sect. 21.—And be it enacted, That this Act may be amended or
amended, &c. yepealed by any Act to be passed in this present session of
parliament.

12 & 18 Vict. c. 64.

An Act to remove Doubts as to the Authority of Justices of the Peace
to act in certain Matters relating to the Poor -in Cities and
Boroughs. [28th July, 1849.]

Whereas by the Act of the forty-third year of the reign of Queen

Elizabeth, intituled “ An Act for the Relief of the Poor,” authority is

given to justices of the peace for counties to act in certain matters

relating to the poor, and doubts have been entertained whether the

same powers extend to justices of the peace having jurisdiction

within cities and boroughs, and it is expedient that such doubts

Sustices of should be removed: Be it therefore enacted, by the Queen’s most
inelties ana excellent Majesty, by and with the advice and consent of the lords
boroughs spiritual and temporal, and commons, in this present parliament
may act in assembled, and by the authority of the same, that, notwithstanding
relating to anything in the said Act contained, all powers and authorities which
the relief of by the said Act may be exercised out of general or quarter sessions

the poor _ by two or more justices of any county, may be exercised within any

48 Eliz. city or borough by any two or more justices of the peace having

in such, jurisdiction within such city or borough respectively, as fully in all

"respects as by the justices of the county in or for any parish of such
county.

Acts of the Sec. 2.—And be it enacted, That nothing heretofore done in any

eee city or borough for the purposes of the said Act by any two or more

borough justices having jurisdiction in such city or borough shall be deemed

confirmed. ‘or taken to have been illegally or insufficiently done by reason only
that neither of the said last-mentioned justices was mayor, bailiff, or
head officer of such city or borough, but everything so done by such
two or more justices, if otherwise lawful, shall be deemed to be and
to have been valid to all intents and purposes.

Act maybe Sect. 8.—And be it enacted, that this Act may be amended or re-

amended, pealed by any Act to be passed in the preseut session of parliament.

12 & 18 Vict. c. 106.

An Act to amend and consolidate the Laws relating to Bankrupts.
[1st August, 1849]

Apprentices Sect. 170.—That where any person shall have been an apprentice
to bankrupts to a bankrupt at the time of the filing of a petition for adjudication of
13 & 14 Vict. cc. 91,99.] appenprx. 349

bankruptcy, or of the issuing of a fiat in bankruptcy, the filing of such aiehatsed
etition, or the issuing of such fiat, shall beand enure as a complete 79m (nen
ischarge of the indenture whereby such apprentice was bound ; andi

any sum shall have been really and bond fide paid by or on the behalf

of such apprentice, to the bankrupt, as an apprentice fee, it shall be Court may

lawful for the Court, upon proof thereof, to order any sum to be paid sim to be

out of the estate of the said bankrupt, to or for the use of such paid in

apprentice, which such Court shall think reasonable, regard being had, deniee ied

in estimating such sum, to the amount of the sum so paid by or on fees.

behalf of such apprentice, and to the time during which such appren-

tice shall have resided with the bankrupt previous to the filing of

such petition or the issuing of such fiat.

18 & 14 Vict. ¢. 91.

An Act to authorize Justices of any Borough having a separate
Gaol to commit Assize Prisoners to such Gaol, and to extend the
Jurisdiction of Borough Justices to all Offences and Matters
arising within the Borough for which they act.

(14th August, 1850.]

Sect. 9.—And be it enacted, That after the passing of this Act the Borough
justices of every city or borough shall have the same jurisdiction with Justices t
respect to all offences committed and matters arising within such same juris-
city or borough as the justices of the county in which such city or ‘diction as
borough is situate now have under or by virtue of any local or general fsa Andee
Act of parliament ; and such offences and matters shall be cognizable any local Act
by one or more of the justices of such city or borough in the same %8 0 fences
manner as such offences and matters are now cognizable by one or within the
more of the justices of such county : Provided always, That in every borough.
case in which imprisonment may be awarded for or in respect of any
such offences or matters aforesaid, or to enforce payment of any
penalty, rate, sum of money, or costs imposed or made payable by or

y virtue of any such general or local Act or otherwise, such imprison- -
ment may be awarded to take place in any gaol or house of correction
to which the justices of the said city or borough now have or here-

after may have power to commit offenders.

18 & 14 Vict. c. 99.

An Act for the better assessing and collecting the Poor Rates and
Highway Rates in respect of Small Tenements.
[14th August, 1850]

Whereas the collection of poor rates and highway rates assessed
upon the occupiers of tenements of small annual value is expensive,
difficult, and frequently impracticable, and it is expedient to make
better provision for the rating of auch tenements, and for the collection
of such rates: Be it therefore enacted by the Queen’s most excellent
Majesty, by and with the advice and consent of the lords spiritual
and temporal, and commons, in this present parliament assembled,
and by the authority of the same, that from and after the passing of
this Act it shall be lawful for the vestry of any parish, from time to
350

Vestries to
determine
whether 61.
tenements
shall be rated
‘0 the owners
instead of
occupiers.

Order may
be rescinded
by a majority
of two-thirds
of persons
present at
vestry.

Whilst order
in force, the
poor rates
and highway
rates to be
rated to
owners.

Owner to be
rated on a
reduced
scale.

APPENDIX. [18 & 14 Vict. c. 99.

time and at all times hereafter, to declare and order that the owners of
tenements in such parish the yearly rateable value whereof shall not
exceed six pounds shall be rated and assessed to the rates for the
relief of the poor in respect of such tenements instead of the occupiers
thereof, and the order so made shall remain in force until rescinded
in the manner hereinafter authorized.

Sect. 2.— And be it enacted, That it shall be lawful for the vestry
of the said parish, by a majority of two-thirds at least of the votes of
the persons present ata meeting duly called for that purpose pursuant
to notice, as hereinafter mentioned, and competent to vote thereat, at
any time after the expiration of two years from the time when any
such order shall have been so made, to order that from and after a
day to be fixed by such vestry, not being less than three years from
the date of such original order, such order shall cease and be rescinded,
in which case, from and after such last-mentioned day, the said
order shall be rescinded and no longer in force: Provided never-
theless, that the provisions in this Act contained shall remain and
continue in force for the purpose of collecting and recovering any
rate which may have been previously made in pursuance of such
order: Provided also, that notice for calling every such meeting as
aforesaid shall be by writing, signed by four ratepayers of the parish
affixed on the principal outer door of the parish church or chapel of
the parish, or on the usual place of affixing notices relating to the
affairs of the parish, at some time not less than thirty or more than
forty days previous to such meeting.

Sect. 3.—And be it enacted, That whilst any such order as firstly
hereinbefore mentioned is in force the respective owners of such
tenements shall be rated and assessed (instead of the occupiers thereof )
to the rates for the relief of the poor and to the rates for the repairs
of 7 highways which otherwise such occupiers might by law be
rated to.

Sect. 4.—And be it enacted, That whilst such order as firstly
hereinbefore mentioned is in force the owner of every tenement
in every parish, the yearly rateable value whereof shall not
exceed six pounds, shall be assessed to the rates for the relief
of the poor and to the rates for the repairs of the highways in
respect of such tenement at three-fourths of the amount at which
such tenement would be liable to be rated in case this Act had not
passed; and further, that whilst such order as firstly hereinbefore
mentioned is in force, if any owner of one or more such tenements
shall be desirous of paying a rate for one year in respect of all such
tenements in any parish, whether such tenements be occupied or
unoccupied, and shall give notice in writing of such his desire to the
overseers of the poor and the surveyors of the highways within one
calendar month after the passing of this Act, or in any subsequent year
within fourteen days next after the twenty-fifth day of March in that
year, then and in such case such owner shall be assessed to the rates tor
the relief of the poor and to the rates for the repair of the highways
in respect of such tenement or tenements respectively, whether the
same be occupied or unoccupied, from thenceforth till the twenty-
fifth day of March following, at a sum not being less than one half
13 & 14 Vict. ¢. 99.] APPENDIX. 351

of the amount at which such tenement or tenements respectively
would be liable to be rated if occupied in case this Act had not passed.

Sect. 5.—And be it enacted, That the rates to be assessed as afore- Remedies for
said, together with the costs and charges of levying and recovering recovertngsot
the same, may be levied on the goods of and recovered from the
respective owners of such tenements as aforesaid, by distress, action,
suit, or other proceeding, in the same way as such rates, if lawfully
assessed on the occupiers of such tenements, might by law be levied
on the goods of or recovered from such occupiers; and, further, the
goods and chattels of the occupiers of such tenements shall be liable
to be distrained and sold for payment of such of the said rates as shall
accrue due during their respective occupations, in the same way as if
such rates were assessed on such occupiers.

Sect.6.—And be it enacted, That every such owner so rated as afore- owners pos-
said shall have the same right of appeal (subject to the same condi- sessed to
tions) against rates, and the same right to vote in vestry, as if he Ee ef

were an occupier duly rated in respect of the same tenement. occupiers.

Sect. 7.—And be it enacted, That where the owner of any such When owner

tenement shall be rated to the relief of the poor by virtue of this Act ' "ted, cc-

instead of the occupier thereof, and such owner shall have paid all entitled to

money due on account of any rate or rates in respect of such tene- the same

ment, such occupier shall be entitled to all municipal privileges and Myon)

franchises to which by virtue of an Act made and ak in the session under 5 & 6

of parliament held in the fifth and sixth years of the reign of King W,# ¢ 76,

William the Fourth, intituled “ An Act to provide for the Regulation ratea instend

of Municipal Corporations in England and Wales,” he would have of the owner.

been entitled if he himself had been rated, and had paid such rate or

rates; and if such owner so rated as aforesaid shall not have paid

such rate or rates, it shall be lawful for such occupier to tender to the

overseers of the poor, or other person authorized by law to receive the

same, the amount of any rate or rates then due from such owner in

respect of such tenement, and such overseer or other person so
«authorized as aforesaid shall be bound to receive the same; and such

ocenpier shall, on the payment or tender of such amount, be entitled

to exercise all such privileges and franchises as hereinbefore men-

tioned: Provided always, that any occupier so paying any rate or rates

in respect of any tenement where the owner is rated to the same shall

be entitled to deduct and retain the amount so paid by him from the

next payment of rent to be made by him to such owner, or to recover

the same from such owner as money paid to and for the use of such

owner.

Sect. 8.—And be it enacted, That such owners paying such rates in owners of
respect of tenements continuing to be held by occupiers under now tenements
existing tenancies for a greater term than from year to year shall be jonger
entitled to add what they shall so pay to the rent payable in respect periods than
of such tenements, and have the same remedies for recovering the ™ year to

t é year entitled
same as for rent in arrear ; and that occupiers other than such as shall to add to rent
continue to hold under now existing tenancies for a greater term than the amount
from year to year may (whether paying such rates voluntarily or by Pua"
compulsion) deduct the respective amount so to be answered by them
as aforesaid, together with all costs and charges they may have in-

curred on account thereof, from the rent payable in respect of such
352

Interpreta-
tion of rerms,

Extension of
Act.

Aet may be
amended,
we

11 & 12 Viet.
e. 110.

12 & 18 Vict.
e. 108,

“18 & 14 Vict. c. 101.] APPENDIX.

tenements, and such amounts shall be deemed debts due from such
owners to such occupiers, and be recoverable by action.

Sect. 9.—And be it enacted, That the word “tenement” in this Act
shall be construed to include any land, house, cottage, apartment, or
corporeal hereditament; the word “owner” shall be construed to
mean any person receiving or claiming the rent of any such tene-
ment for his own use, or receiving the same for the use of any corpo-
ration aggregate, or of any public company, or of any landlord or
lessor who shall be a minor, under coverture, or insane, or for the use
of any person who shall not be usually resident within twenty miles
from the parish in which such tenement shall be situated ; the word
person shall be construed to include any corporation or public com-
pany as well as any individual; the word “parish” shall be construed
to include any parish, township, vill, or place maintaining its own
poor separately; the word “vestry” shall be construed to include
any meeting of the inhabitants of any such parish, township, vill, or
place, to be held after due notice for carrying into execution the laws
for the relief of the poor; and wherever in this Act, in describing
any person, matter, or thing, the word importing the singular number,
or the masculine gender only is used, the same shall be understood to
include and be applied to several persons as well as one person, and
females as well as males, and several matters or things as well as one
matter or thing respectively ; unless there be something in the subject
or context repugnant to such construction.

Sect. 10.—And_ be it enacted, That this Act shall extend only to
England and Wales and shall not apply to any place where owners
are made liable to be rated to the relief of the poor under the provi-
sions of any local Act.

Sect. 11.—And be it enacted that this Act may be amended or
repealed by any Act to be passed in this present session of parliament.

13 & 14 Vict. c. 101.

An Act to continue Two Acts passed in the Twelfth and Thirteenth
Years of the Reign of Her Majesty, for charging the Maintenance
of certain poor Persons in Unionsin England and Wales upon the
Common Fund ; and to make certain Amendments in the Laws for
the Relief of the Poor. [14th August, 1850.]

Whereas by an Act passed in the twelfth year of the reign of Her
present Majesty, intituled “ An Act to alter the Provisions relating to
the Charges for the Relief of the Poor in Unions,” certain provisons
were made whereby the costs of the relief and the expenses of the burial
of certain poor persons therein described were made chargeable upon
the common fund of the union until the thirtieth day of September in
the year One thousand eight hundred and forty-nine: And whereas
by an Act passed in the last session of parliament such provisions
were continued in full force until the thirtieth day of September in
the year One thousand eight hundred and fifty, and to the end of the
then next session of parliament ; and by the said last-mentioned Act
13 &14 Vict. c. 101.] APPENDIX. 353

other provisions for charging upon the common fund of the union

the cost of removing and maintaining certain lunatic paupers were

made to continue in force for the like period; and it is expedient that

all the several provisions aforesaid should be continued for a limited

time: Be it therefore enacted by the Queen’s most excellent Majesty,

by and with the advice and consent of the lords spiritual and tem-

poral, and commons in this present parliament assembled, and by the :
authority of the same, that all the said several temporary provisions ae
in the said recited Acts above referred to shall continue in full force 11 & 12 Viet.
until the thirtieth day of September One thousand eight hundred and °% 110,24
fifty-one, and to the end of the then next session of parliament, and Vict. c. 103,
shall apply, and shall be held to have applied, to the incorporated continued
hundred of Forehoe, to the incoporated: hundreds of East and West ae ioe
Flegg and of Tunstead and Happing, in the county of Norfolk, and

to the incorporated hundred of Matford and Lothingland in the

county of Suffolk, in like manner and to the same extent as to the

unions in the said Acts referred to.

Sect. 2.—And be it enacted, That it shall be lawful for the guardians Burials of
of any union to contribute out of the common fund, or for the byingin
guardians of any parish to contribute out of the poor rates of such workhouses.
parish, such sum of money as the Poor Law Board shall approve, to-

wards the enlargement of any churchyard or consecrated public

burial ground in the parish wherein the workhouse shall be situated,

or in any other parish of the union, or towards the obtaining of any

such consecrated public burial ground, and where any such burial

ground shall be enlarged or obtained with the aid of such contribu-

tion, it shall be lawful for them to bury therein the dead body of any

poor person dying in such workhouse : Provided always, that nothing 4. ipusi
in this Act contained shall discharge or vary the obligation now im- to enlarge or
posed by law upon the guardians to bury the dead body of such poor obtain burial
person elsewhere, in case the deceased person, or the husband, or wife, &°2"4s-

or next of kin of such deceased person, shall have so requested: Pro-

vided also, that in all cases of burial under the direction of the

guardians as aforesaid the fee or fees payable by the custom of the

place where the burial may be, or under the provisions of any Act of
parliament, shall be paid by the said guardians for the burial of each

such body to the person or persons who by such custom or under such

Act shall be entitled to receive such fee or fees, and charged by them

in like manner as the relief to the deceased when living was last
chargeable.

Sect. 3.—And be it enacted, That in addition to the principal sum Purchase of
or sums of money which the board of management ofa school district site for Uis-
formed under the authority of the Act of the eighth year of the reign |. svi
of Her Majesty, intituled “ An Act forthe further Amendment of the gio.”
Laws relating to the Poor in England,” are empowered to raise or
borrow for the purpose of providing a building for the school of such
district, such board may, whenever any part of such district is situated
within the metropolitan police district, with the consent and order of
the Poor Law Board, also raise or borrow and charge the future poor
rates of the unions and parishes respectively combined in such dis-
trict with such further or other sum or sums of money as may be or
mayhave been necessary for the purchase of any land, or interest in
land required for the site of such school, or required for the training

Ad
354 APPENDIX. [18 & 14 Vict. c. 101.

of the children maintained thereat, or for the site of any addition to

such school. :
Sect. 4.And whereas authority is given by the Act of the fifth
year of King William the Fourth, intituled “An Act for the Amend-
4&5 Ww,4, ment and better Administration of the Laws relating to the Poor in
c. 76,8. 62, England and Wales,” for defraying out of the poor rates of any
parish, the expenses of the emigration of poor persons having settle-
ments in such parish; and by the before-mentioned Act of the last
Bese vie session the guardians of any union or separate parish for which a
move board of guardians is or shall be established may, to a limited extent,
exercise the same authority in and about the emigration of poor per-
sons having settlements in such parish, or in any parish of such union
Emigration respectively : And whereas poor orphans and deserted children having
of orphans 4 no settlements, or whose settlements are unknown, are frequently
childven. Chargeable to parishes, and it is expedient to furnish means for the
purpose of facilitating the emigration of such poor orphans and de-
serted children so being chargeable: Be it therefore enacted, that it
shall be lawful for the guardians of any union or parish, in like man-
ner and subject to the same regulations, limitations, and restrictions
as are contained in the said last-mentioned Act, but with the consent
in writing of the guardians or the majority of the guardians of the
parish of the changeability in a of the parish of the settlement,
transmitted as therein specified, to expend money in and about the
emigration of any poor orphan or deserted child under the age of
sixteen years having no settlement, or the place of whose settlement
shall not be known, who may be chargeable to some parish in their
union or to their parish respectively, and such guardians shall charge
the expense so incurred to the same parish to which such orphan or
deserted child was chargeable at the time of the emigration; and
where any such orphan or deserted child shall be chargeable to the
common fund of any union, the guardians of such union shall have
the same powers (subject to the same conditions) to procure or assist
in procuring the emigration of any such last-mentioned orphan or de-
serted child as they have with regard to poor persons rendered irre-
moveable by virtue of an Act of the tenth year of her Majesty, inti-
11 & 12 Viet. tuled “An Act to amend the Laws relating to the Removal of the
e110, 8.5. Poor: Provided always, that no emigration of any such orphan or
9 & 10 Vict, deserted child, under any of the above-mentioned powers, shall take
er88 place until such orphan or deserted child shall have consented thereto
before the justices assembled in petty sessions holden in or near to
the union or parish the guardians whereof propose to procure such
emigration, and a certificate of such consent under the hands of two
of the justices present thereat shall have been transmitted to the Poor

Law Board.

Anorder for Sect. 5.—And be it enacted, That where any married woman, being

paying die lunatic, shall be duly removed to any asylum, licensed house, or regis-
part . cane 9 e

of the cost of tered hospital under any of the statutes in such behalf, any two jus-

malutenanes tices having jurisdiction in the place wherein the husband of such

married wo- lunatic shall dwell, upon ees by or on behalf of the guardians
man _main- of the union or of the parish having a separate board of guardians, or
ae ee the overseers of the parish, to which union or parish respectively such
lum, licensed lunatic shall be or become chargeable, may summon such husband to

house, or re- appear before them to show cause why an order should not be made
18 & 14 Vict. c. 101.] APPENDIX. 355

upon him to maintain or contribute towards the maintenance of his eistered hos-
wife in such asylum, licensed house, or registered hospital; and upon Pa) 204, 4,
his appearance, or in the event of his not appearing upon proof of due any union or
service of such summons upon him, such justices may (if they think perish, may
fit) make an order upon him to pay such sum, weekly or otherwise, upon her
for or towards the cost of the maintenance of such lunatic, as after husband.
consideration of all the circumstances of the case shall appear to them
to be proper, and determine in such order how and to whom the pay-
ments shall from time to time be made, which order shall, if the pay-
ments required to be made be in arrear,-be enforced in the manner
Po by the statute passed in the twelfth year of the reign of

er Majesty, intituled ‘“‘ An Act to facilitate the Performance of the
Duties of Justices of the Peace within England and Wales, with 11 & 12 Vict.
respect to summary Convictions and Orders,” for the enforcing of ~ ote
orders of justices requiring the payment of a sum of money.

Sect. 6.—And be it enacted, That no master of a workhouse nor any Master of a
relieving officer shall be henceforth qualified to be appointed to the workhouse
office of overseer of the poor, constable, or any other parochial or My cmicer
township office, so long as he shall continue to be such master of a not to be ap-
workhouse or relieving officer, except where the Poor Law Board Pointed to
shall authorize any relieving officer to hold a paid office in a parish : chial office.
Provided always, That no rate or assessment made nor any other act or
thing done by any such person or such parochial or township officer,
nor the service of any notice, demand, order, or process upon him
as such, shall, if in other respects legal and sufficient, be deemed

invalid by reason only of such disqualitication as aforesaid.

Sect. 7.—And whereas by the Act of the seventh year of His late The fee for
Majesty King William the Fourth, intituled “An Act to regulate SAYING Tee
Parochial Assessments,” it is provided, that the justices acting in and ciai sessions
for every petty sessions division shall hold special sessions for hearing wauer the
appeals against the rates of the several parishes within their respective yy, 4, gi 96,
divisions, and shall cause public notice of the time and place of the s.6, to be
holding of such special sessions to be given in each parish, but no paid by the |
provision is made for the payment of the costs incurred in preparing of the poor
and giving of such notice: Be it therefore enacted, That such fee or rate.
remuneration as shall have been or shall hereafter be settled by the
justices of the peace at their respective general quarter sessions,
according to the statute in that behalf, to be paid to the clerks to
justices of the peace for the preparing and giving of a notice of a
special sessions for this purpose, or in default thereof of a notice of
any special sessions, shall be paid by the overseers of each parish com-
prised within the division for which the special sessions are to be held,

and be charged by them upon the poor rate.

Sect. 8.—And whereas by an Act passed in the fifty-fifth year of personscom-
the reign of King George the Third, intituled “ An Act to prevent poor aes to pri-
Persons in Workhouses from embezzling certain Property provided for forces

their Use, to alter and amend so much of an Act of the Thirty-sixth against 65 @.
-year of His present Majesty as restrains Justices of the Peace from 5.¢ /373-%
ordering Relief to Poor Persons in certain cases for a longer period Vict. c. 101,
than one Month at a time, and for other purposes herein-mentioned, ss. 67, 58,
relating to the Poor,” and by an Act passed in the eighth year of Phaed War

Her present Majesty, intituled “ An Act for the further Amendment of bour.
‘ AA
356 APPENDIX. {18 & 14 Vict. ¢. 101.

the Laws relating to the Poor in England,” power is given to
punish by imprisonment any person or persons deserting, absconding,
or running away from any workhouse or workhouses, and carrying
away with him, her, or them any clothes, linen, or other goods in the
said Act of the fifty-fifth year of the reign of King George the
Third, enumerated and described: Be it enacted, That in the case of
every such offence it shall be lawful for the convicting justice or
justices, if he or they shall so think fit, to order and adjudge that the
‘person or persons convicted shall, during the period of imprisonment
y law authorized, be kept to hard labour.

Assaults Sect. 9.—And be it enacted, That where any person shall be charged
upon work- with and convicted of any assault upon any officer of a workhouse
house oficg’’ or relieving officer in the due execution of his duty, or upon any per-
officers inthe son acting in aid of such officer, the Court may sentence the offender
discharge of to the same punishment as is provided by law for an assault upon a
their duty. . : 5

peace officer or revenue officer in the due execution of his duty, and

shall have the same power as in the case of such last-mentioned

assault to order payment of the costs and expenses of the prosecution.

Providing Sect. 10.—And whereas by an Act passed in the last session of
ad collecting Patliament, intituled “ An Act to provide a more convenient mode of
rates,12 & 13 Levying and Collecting County Rates, County Police Rates, and
Viet. c.65. District Police Rates in Parishes situated partly within and partly
without the Limits of Boroughs which are not liable to such Rates,”

provision is made to enable the overseers or other persons charged

with the collection of the poor rate, in cases where any parish or place

shall be partly within and partly without a borough, to assess and

levy upon the inhabitants and occupiers or all messuages, lands, and
tenements liable to the poor rates in that part of the parish or place

which is within the borough the amount of money which they shall

be required to raise as a contribution towards a district, borough, or

other rate upon a warrant from the mayor, justice, constable, or other

officer, as therein mentioned: And whereas some difficulty has arisen

in certain parishes as to the payment of the expenses of collecting

the rates upon such assessments, and enforcing of the payment

thereof: Be it therefore enacted, That the overseers of any such parish

may employ for the collection of such rate as aforesaid, or of any

gaol rate assessed upon any such part thereof, the collector of the

poor rates in the said parish, or some other person to be appointed

with the like authority, and subject to the same regulations as regards

his term of office, his remuneration, the security to be given for the

discharge of his duties, and his liability to account to the auditor and

other persons, as such collector of poor rates is or shall be subject to,

and to pay such remuneration out of the sum raised by the rate

assessed upon such part as aforesaid; and that the collector of poor

rates, or other person as aforesaid, shall, for the purpose of collecting

the rate so assessed upon such part, have all the powers, privileges,

rotections, and incidents which belong to the overseers in the col-

ection of the poor rate, and the like remedy for the recovery of the

costs of the proceedings to enforce the payment of the rate aforesaid,

as in the case of a poor rate; and the said overseers, in estimating the

amount of their assessment for such rate upon any part of a parish

divided as aforesaid, may include such a sum as will provide for the

payment of the costs of the assessment and collection, and a reason-
14.&15 Vict. ¢ 39.] APPENDIX, 357

able sum in respect to the rates which may be excused or become irre-
coverable.

Sect. 11.—And be it enacted, that the several words used in this Construction
Act shall be used in the manner prescribed by the said recited Act of °f Act
the fifth year of the reign of His late Majesty King William the
Fourth, and the statutes explaining and extending it; and that all
the provisions of the said last-mentioned Act and of the said statutes,
not repealed shall extend to this Act, except where any such provision
would be inconsistent with anything herein contaisen

Sect. 12.—And be it enacted, That this Act shall extend only to cal is wae

England and Wales. land and
Sect. 18.—And be in eacted, That this Act may be amended or ee be
repealed by any Act passed in this present session of parliament. amended,&e.

 

14 & 15 Vict. c. 39.
An Act to exempt Burgesses and Freemen in certain Cases from the
operation of an Act for the better assessing and collecting the

Poor Rates and Highway Rates in respect of Small Tenements.

[24th July 1851.]

Whereas by section thirty-two of the Act of the session of parlia- 9% 3 Ww. 4

ment holden in the second and third years of King William the © 45, 8. 8%
Fourth, chapter forty-five, it is provided, that every person who
would have been entitled to vote in the election of a member or
members to serve in any future parliament for any city or
borough not included in the schedule marked (A.) to that Act an-
nexed, either as a burgess or freeman, or in the city of London, asa
freeman and liveryman, if that Act had not been passed, should be
entitled to vote in such election, provided such person should be duly
registered oe to the provisions thereinafter contained ; but
that no person should be so registered in any year unless he should
on the last day of July in that year be qualified in such manner as
would entitle him then to vote if such day was the day of election,
and that Act had not been passed: And whereas by section thirty- s. 33.
three of the said Act it is provided, that any person then having a
right to vote in the election for any city or borough, except as there-
in mentioned in virtue of any other qualification than as a burgess or
freeman or as a freeman and liveryman, or in the case of a city or
town being a county of itself asa freeholder or burgage tenant as
thereinbefore mentioned, should retain such right of voting so lon
as he should be qualified as an elector according to the usage an
custom of such city or borough, or any law then in force subject as
in the said Act mentioned :. And whereas it is expedient to amend js « 14vict.
the Act of the last session of parliament, chapter ninety-nine, so far c. 99.
as it may affect the rights reserved by the said several sections of the
said Act of the second and third years of King William the Fourth :
Be it enacted, therefore, by the Queen’s most excellent Majesty, by
and with the advice and consent of the lords spiritual and temporal,
and commons in this present parliament assembled, and by the autho-
rity of the same, as follows :

Sect. 1.—Where any person to whom a right of voting was re- Right of vot~
tained or reserved by the recited provisions of the said Act of the is reserved
358 APPENDIX. [14 & 15 Vict. c. 105.

by recited Second and third years of King William the Fourth is or shall be
Provisions of the occupier of any such tenement as in the said Act of the last ses-
2 & 3 W.4 sion of parliament mentioned, and the owner of such tenement has
et been or shall be rated to the relief of the poor instead of the occupier
Topersons thereof, and such owner shall have paid all money due on account of
then entitled any rate or rates in respect of such tenement, or such occupier shall
affected by have tendered the amount thereof, in the manner prescribed by such
the change of Act, such occupier shall be entitled not only to the municipal pri-
i eit Vict, Vileges and franchises reserved to him by such Act, but also to
c. 99, all such right of voting at elections of a member or mem-
bers to serve in parliament for any city or borough, and all other
rights and privileges, as such occupier would have been entitled
to under the recited provisions of the said Act of the second and
third years of King William the Fourth, and the other provi-
sions of such Act, and any Acts amending the same, relating to the
right of voting so retained or reserved, if such occupier had been
himself rated in respect of such tenement, and had duly paid or
tendered the rate or rates to which he was liable in consequence
of such rating.

Construction Sect. 2.—That the word “Tenement ” in the said recited Act of the
Tens last session of parliament shall be construed to mean any house, cot-
’ tage, apartment or building, and land in the same parish held with
the same or any of them, but shall not include any other land or cor-

poreal hereditament.
and “rates Sect. 3.—That the words “ Rates for the Relief of the Poor” in
for ine “lief the said recited Acts of last session of parliament shall be construed

poor. A

to mean rates for the relief of the poor and for other purposes charge-
able thereon according to law; and that the owners of any tenements
who shall be liable to be rated in respect of such tenements to any
such rate by virtue of the same Act shall also be liable to be rated to
any rate or rates authorized to be assessed and levied by the second
section of the Act of the session of parliament holden in the twelfth

and thirteenth years of Her present Majesty, chapter sixty-five.

14 & 15.Vict. c. 105.

An Aet to continue an Act of the Fourteenth Year of Her Majesty
Sor charging the Maintenance of certain poor Persons in Tiss
in England and Wales upon the Common Fund; and to make
certain Amendments in the Laws for the Relief of the Poor.

(8th August 1851.]

13 & 14Viete Whereas by an Act passed in the fourteenth year of Her Majesty,
eri chapter one hundred and one, certain provisions made by the several
Acts therein mentioned, for charging upon the common fund of the
union the costs of the relief and the expenses of the Burial of certain
poor persons therein described, and the costs of removing and main-
taining certain lunatic paupers, were continued until the thirtieth day
of September in the year One thousand eight hundred and fifty-one,
and to the end of the then next session of parliament, and were made
to apply to certain incorporated hundreds therein mentioned; and it
is expedient that all the several provisions aforesaid should be con-
tinued for a limited time, and that certain amendments should be
made in the laws relating to the relief of the poor: Be it therefore
14 & 15 Vict. c. 105.) APPENDIX. 359

enacted by the Queen’s most excellent Majesty, by and with the
advice and consent of the lords spiritual and temporal, and commons,
in this present parliament assembled, and by the authority of the
same, as follows:

Sect. 1.—All the said several temporary provisions in the said Acts Certain pro-
above referred to shall continue in full force until the thirtieth day [yO io
of September One thousand eight hundred and ‘fifty-two, and to the ce. 101, ‘con-

end of the then next session of parliament. Haued fora
limited time,

Sect. 2.—The guardians elected for the several parishes in any The new
union formed or to be formed under the Act of the fifth year of King board of
William the Fourth, chapter seventy-six, or for the several wards in eae
any parish divided into wards, nhalloontiane toact as such until the tuted from
fifteenth day of April inclusive in each year, notwithstanding their 174, 4turte
successors may have been elected previously to that day; and from each year.
and after the said fifteenth day of April every guardian newly elected

for any such parish or ward shall act as such guardian for the ensu-

ing year.

Sect. 8.—If any person, pending or after the election of any Penalties for
guardian or guardians, shall wilfully, fraudulently, and with intent malpractices
to affect the result of such election, commit any of the Actsfollowing ; o¢ eaardland
that is to say, fabricate in whole or in part, alter, deface, destroy, ab-
stract, or purloin any nomination or voting paper used therein; or
personate any person entitled to vote at such election; or falsely
assume to act in the name or on the behalf of any person so entitled
to vote; or interrupt the distribution or collection of the voting
papers ; or distribute or collect the same under a false pretence of
being lawfully authorized to do so; every such person so offending
shall for every such offence be liable, upon conviction thereof before
any two justices, to be imprisoned in the common gaol or house of
correction for any period not exceeding three months, with or with-
out hard labour.

Sect. 4.—Whereas doubts have been entertained with regard to Guardians
the legal authority of guardians to subscribe towards thefunds of any onpeuoe fe
hospital or infirmary: Be it enacted, That the guardians of any union hospital or
or parish may, with the consent of the Poor Law Board, pay out of infrmuy,
the common fund of such union, or, in the case of a parish, out of gent of the
the funds in the hands of such guardians, any sum of money as an Poor Law
annual subscription towards the support and maintenance of any 24
public hospital or infirmary for the reception of sick, diseased,
disabled, or wounded persons, or of persons suffering from any

permanent or natural infirmity.

Sect. 5.—The guardians may, where they think fit, pay to or reim~ Power to
burse any of their officers the expense necessarily incurred in repair- Suadians to.
ing or restoring property belonging to such officer which may have damage tothe
been unlawfully, wilfully, and maliciously damaged, injured, or eee
destroyed by any person applying or having applied for relief, and in certain
such costs and expenses incurred in the prosecution of the offender ag cases.

may not be allowed by the Court before which the prosecution or trial
shall take place.

Sect. 6.—Where in any union or parish there shall be a workhouse Certain poor
or building having adequate provision for the reception, maintenance, pais es
and education of poor children, and there shall be more accommoda-
360 APPENDIX. (14 &15 Vict. c. 105.

rish may, dation therein at any time than the (helene of such union or parish
With consent shall require for the poor children of their own union or parish, such
Board, be guardians may, with the consent of the Poor Law Board, contract
senttoa with the guardians of any other union or parish, any part of which
Le belong. is not more than twenty miles from such workhouse or other building,
ing to for the reception, maintenance, and instruction therein of any poor
an OTe pa- children sede the age of sixteen years chargeable to such other
rish (within UDion or parish, or to any parish in such other union, being orphans
20 miles) or deserted by their parents, or whose parents or surviving parent
pierequate Shall consent; and such last-mentioned children while at such work-
accommo- house or other building shall be maintained and instructed in the
gations same manner in all respects as the children of the union or parish
to which such workhouse or other building shall belong, and
shall be subject to the control and management of the guardians of
such union or parish, or their officers, in like manner as if such
Proviso. children were chargeable to such union or parish: Provided always,
That the abiding of any such child in any such workhouse or building
shall in all other respects be attended with the same legal conse-
quences as if such workhouse or building had been situated within

the union or parish from which such child shall have been sent.

Form of Sect. 7.—Every security for money borrowed under the authority
socuritys of any order of the Poor Law Commissioners or the Poor Law Board
may be made according to the form set forth in the Schedule hereunto
annexed, or as near thereto as the circumstances of the case will admit.
Payments Sect. 8.—Where the execution of any order of justices for the

under sus removal of a pauper shall have been or shall be suspended, the over-

elcre of seers of the parish to which the removal is thereby ordered to be made

removal. may from time to time during the continuance of the suspension, if
they think fit, pay to the overseers of the parish obtaining such
order the costs and expenses incurred in the maintenance and relief
of the poor person mentioned in such order, either directly or through
the guardians of the union comprising either or both of such parishes,
and shall have credit for every such payment in the charges allowed
by any order of justices subsequently made.

What jus- aa .
wil Jue Sect. 9.—Where the overseer or any other officer of any parish, or

have juris- @ny officer of a union, shall neglect to pay in due course of law
diction to money lawfully payable by him as such overseer or officer to the |
hear aod treasurer of such union or parish residing or having his place of
complaints business in a county, district, or place different from that in which
as to non- — such overseer or officer shall reside at the time of any such default, and
vroney to the by reason of such neglect such overseer or officer shall be liable to be
treasurer of summoned before a justice or justices, any justice or justices of either
the union. gounty, district, or place ‘shall have jurisdiction to hear and determine
the complaint.
a Oh Sect. 10.—It shall be lawful and sufficient to send any notice of
may be sent appeal against an order of removal, or statement of grounds of appeal
by post. against such order, by post or otherwise, in like manner as a copy of
an order of removal and statement of grounds of removal may now
be sent by law.

Explanation Sect. 11.—And whereas by the statute of the tenth year of Her
of the terms Majesty, chapter sixty-six, section six, any officer of a parish or union
14. & 15 Vict. c. 105.] APPENDIX. 361

wrongfully causing or procuring any poor person to be removed or “ officer”
conveyed or to depart from a parish under the circumstances therein andl aus
described is rendered punishable upon conviction before two justices : 9 & 10 Vict.
and whereas it is expedient to remove doubts which have arisen ¢. %. s.6,
thereon: Be it enacted, that the term “officer” shall include any Vision for
overseer, and that the term “ justices” shall apply to the justices of the appli-
the county or other jurisdiction in which the parish may be situated ea the
from or to which such poor person shall be removed; and that the :
penalty imposed by the Act shall be paid to the overseers of the

parish to which the poor person shall become chargeable in conse-

quence of such unlawful removal, conveyance, or departure, to be

applied in aid of the poor rate of such last-mentioned parish.

Sect. 12.—The guardians of any two unions or parishes, or the Power to
guardians of a union and the guardians of a parish, or the guardians "fe" bY
of a union or parish and the overseers of any parish, or the overseers sent, ques-
of any two parishes, between whom any question affecting the settle- tions of |
ment, removal, or chargeability of any poor person shall arise, may, removal:
if they think fit so to do, by agreement in writing, executed in respect or charge-
of any guardians by sealing with their common seal, and in respect Spility to
of overseers by the signatures of a majority of them, submit such Board.
question to the Poor Law Board for their decision; and the said
board may, if they see fit, entertain such question, and by an order
under their seal determine the same; and every such order shall be
in all Courts and for all purposes final and conclusive between the
Dae submitting such question, as to the question therein deter-
mined.

Sect. 13.--And whereas by the statute of the tenth year of Her As to de-
Majesty, chapter sixty-six, section seven, it is enacted, that the Drery of se
delivery of any pauper under any warrant of removal directed to the charges for
overseers of any parish at the workhouse of such parish, or of any maintenance
union to which such parish belongs, to any officer of such workhouse, ° PUP
shall be deemed a delivery of such pauper to the overseers of such
parish: Be it enacted, That the delivery of a written statement of the
charges for the maintenance of any pauper delivered under any order
or warrant of removal directed to the overseers of any parish, at the
workhouse of such parish, or of any union to which such parish
belongs, to any officer of such workhouse, at the time of the delivery
of such pauper, shall be deemed a delivery of such statement to the
overseers of such parish, and shall be deemed a sufficient demand
thereof in any proceedings for the recovery of such charges.

Sect. 14.—The Poor Law Board may, if they see fit, upon the Poor Law
application or with the consent of the acting members of the board pean) ee
of management, at any time, by an order under their seal, dissolve veasolve aiiy
any combination of unions or parishes, or unions and parishes, formed asylum dis-
under the Act of the eighth year of Her Majesty, chapter one hun- i+
dred and one, into districts for the purpose of providing and managin
asylums for the temporary relief and setting to work therein of desti-
tute houseless poor, and, prior to issuing any such order of dissolution,
may empower, by their order, the board of management of such
district to pay and apply se in their ic ar in discharge of
any liabilitles then outstanding against suc - Board, and to sell and
dispose of any land, buildings, or other property belonging to them,
362

Provision
for its pro-
perty.

How convey-
ance may be
executed.

The limit
of the ex-
pense to be
incurred in
school dis-
tricts within
the metropo-
litan police
district ex-
tended from
one-fifth to
one-third.

Provision for
disposal of
school dis-
trict pro-
perty.

Assaults
upon poor
law officers
in the
execution of
their duty.

Construction
of terms.

APPENDIX. [14 & 15 Vict. c. 105.

and to apply the produce of the same to the like purpose; and any
surplus that may remain after satisfying all liabilities shall be
returned to the several unions and parishes in proportion to their
original contributions.

Sect. 15.—The conveyance of such property by the acting mem-
bers of the said board of management of any such district, when
approved and sealed by the Poor Law Board, shall be deemed valid,
notwithstanding any defect which may exist in the number required
to constitute such board of management.

Sect. 16.—And whereas provision is made in the said last-mentioned.
Act for the combination of unions and parishes into school districts,
and authority is given to the district board, subject to the order of
the Poor Low Board, to borrow or raise such sum or sums of money
as may be necessary: for the purpose of purchasing any site, or pur-
chasing, hiring, or building, and of fitting up and furnishing, a
building or buildings for such school; and it is further provided that
the principal sum or sums to be raised for the purpose of providing
such building or buildings, and charged on any union or parish not
included in a union, shall in no case exceed one fifth of the average
anuual amount of the aggregate expenditure relating to the relief of
the poor within any union, or of the like expenditure within any
such parish, for three years ending the twenty-fifth day of March
next preceding the raising of the money: And whereas by the Act
of the fourteenth year of Her Majesty, chapter one hundred and one,
section three, with reference to school districts situated within the
metropolitan police district, the cost of the site of any such school
may be borrowed over and above the amount so limited as aforesaid :
And whereas it is expedient with respect to such last-mentioned school
districts that the limit of expenditure fixed by the said Act of the
eighth year of Her Majesty should be enlarged: Be it therefore
enacted, That in respect of any school district situated within the said
metropolitan police district such limit shall be enlarged from one-
fifth to one-third.

Sect. 17.—The board of management of any school district may in
like manner, and subject to the like order, rules, and regulations of
the Poor Law Ticaril, as in the case of the guardians of a union,
exchange, demise, sell, or otherwise dispose of any land belonging to

the said district, and apply the rents or produce of any such exchange,

sale, or disposition for the benefit of such district in such manner as
the said Poor Law Board shall direct.

Sect. 18.—The provision in the Act of the fourteenth year of Her
Majesty, chapter one hundred and one, section nine, relative to
assaults upon certain poor law officers in the execution of their duties,
or upon persons acting in their aid, shall extend to an assault upon
any person included under the word “ officer” in the said Act of the
fifth year of King William the Fourth, chapter seventy-six, or upon
any other person acting in his aid.

Sect. 19.—The several words used in this Act shall be construed in
the manner prescribed by the Act of the fifth year of King William
14.&165 Vict. c. 105.] APPENDIX.

the Fourth, chapter seventy-six, and the statutes explaining and
extending it; and all the provisions of the said last-mentioned Act
and of the said statutes not repealed shall extend to this Act, except
where any provision would be inconsistent with anything herein
contained.

Sect. 20.—This Act shall extend only to England and Wales.

SCHEDULE.

Form of Security to be ie for Loan obtained under the Act of the
pis eer of King William the Fourth, or any Act incorporated
therewith.

This deed, made the day of —— in the year One thousand
eight hundred ——, witnesseth, that in consideration of the sum of
—— lent and advanced to the guardians of the poor of the —— union
in the county of —— or to the guardians of the poor of the parish of

 

—— in the county of ——, or to the board of management of the
——- district school, or to the overseers of the poor of the parish of
—— in the county of ——,, under the provisions of the Act [here state

the Act authorizing the loan], and in pursuance of and upon the
authority of the order of the Poor Law Board bearing date the ——
day of , by [here set out the name and description of the public
board, commissioners, or company, or the person lending the money],
the receipt of which sum is testitied by the memorandum at the foot
hereof by our treasurer, or (in the case of the overseers) by us, we,
the said guardians, or we, the said board of management, or we, the
said overseers, do hereby charge the future poor rates to be raised in
the several parishes comprised in the said union, namely [here set out the
names of the parishes comprised in the union], or in the several
unions and parishes comprised in the said district, namely [here set
out the unions and parishes comprised in the district], or in the said
arish, with the repayment to the said —— of the said sum of ——
ry [here insert the number of yearly instalments yy which the loan is
to be repaid, not exceeding the number limited by the statute or
statutes under which it is advanced, but including those to which the
time of repayment has been extended under any statute in that ue
instalments, on the days in the years following; that is to say, the
sum of —— on the —— day of —— in the year 18—, the sum of
on the —— day of —— in the year 18—, the sum of on
the —— day of —— in the year 18—, together with interest at the
rate of —— pounds a centum per annum, by —— yearly payments
on the days aforesaid, or by half-yearly payments on the —— day of
—— and on the —— day of —— in every year, upon the principal
for the time being unpaid, according to the terms of this security :
Provided that nothing herein contained shall prevent the said ——
from receiving the repayment of the whole or any part of the afore-
said sum at any time before the day of payment of the last instal-
ment, if willing to do so. Gs :
In testimony whereof we, the guardians aforesaid, or we, the said

 

 

 

363

Extent of
the Act.
364

Justices
having
jurisdiction
in other
matters in
any city or
place may
act in cases
relating to
the relief of
the poor.

APPENDIX. [15 & 16 Vict. c. 38.

board of management, have hereunto affixed our common seal, or we,
the said overseers, have hereunto set our hands and seals.
(1.8.) (L.8.) (1.8.)

Received this —— day of the above-mentioned sum of ——
from the said ——.
A. B., treasurer of the —— union, or parish, or
district board.
C. D. and FE. F., overseers of the poor of the
said parish. sg
Registered by the Poor Law Board this —— day of —— 18—.
Seal of the Poor Law Board (.8.)

 

15 & 16 Vict. c. 38.

An Act to explain Two Acts of theTwelfth and Thirteenth years of the,
reign of Her Majesty, concerning the appointment OF Overseers,

and the authority of Justices of the Peaceto act in certain matters
relating to the Poor in.Cities and Boroughs. [80th June 1852.]

Whereas by the Act passed in the twelfth year of the reign of Her
Majesty, chapter eight, it was enacted, that in every city, town
corporate, or borough the justices of the pets having jurisdiction
therein should have the exclusive right of appointing the overseers
of the poor of the several parishes, townships, or other places sepa-
rately maintaining their own poor, or of any parts thereof within the
said cities, towns corporate, and boroughs respectively, in like man-
ner and with the same effect as the justices of any county then had
in respect of the overseers of the poor of pee de within such.
county : And whereas by another Act of the thirteenth year of the
reign of Her Majesty, chapter sixty-four, it was enacted, that all
powers and authorities which by the Act of the forty-third year of
the reign of Queen Elizabeth, intituled “An Act for the Relief of
the Poor,” may be exercised out of general or quarter sessions by
two or more justices of any county, might be exercised within any
city or borough by ai two or more justices of the peace havin
jurisdiction within such city or borough respectively as fully in all
respects as by the juctices of the county in or for any parish of such
county; And whereas doubts exist as to the meaning of the said
statutes with reference to the justices who are competent to act under,
and by virtue of the same, and it is expedient that such doubts should
be removed: Be it therefore enacted and declared by the Queen’s
most excellent Majesty, by and with the advice and consent of the
lords spiritual and temporal, and commons, in this present parlia-.
ment assembled, and by the authority of the same, that in any cit
or borough all justices of the peace, whether of such city or boroug
or of the county, riding, or division comprising the same or adjoining
thereto, who shall otherwise have jurisdiction to act in any matter
arising within such city or borough, shall be deemed to be compe-
tent to act therein under and by virtue of the said statutes in all
respects.
16 & 17 Vict. c. 97.] APPENDIX. 365
16 & 17 Vict. c. 97.

An Act to consolidate and amend the Laws for the Provision and
Regulation of Lunatic Asylums for Counties and Boroughs, and for
the Maintenance and Care of Pauper Lunatics in En che

[20th August 1853.]

Sect. 94.—Where any lunatic shall be sent to an asylum, regis- How justices
tered hospital, or licensed house, under any order made by virtue of are to pro-
the authority hereinbefore given to two justices, if it appear to such {4 "no,
justices that such lunatic hath an estate applicable to his mainten- them that
ance, and more than sufficient to maintain his family (if any), it the 'unatic,
shall be lawful for such justices to make an application in writin apzlicatle to
-under their hands and seals to the nearest known relative or friend his main-
of such lunatic, for the payment of the charges of the examination, ‘°°
removal, lodging, maintenance, clothing, medicine, and care of such
lunatic; and in case such charges be not paid within one month after
such application, it shall be lawful for the same or any other justices,
by an order under their hands and seals, to direct a relieving officer
or overseer of the parish from which such lunatic shall be sent, or
where any property of such lunatic shall be, to seize so much of the
money, and to seize and sell so much of the goods and chattels, and
take and receive so much of the rents and profits of the lands and
tenements of such lunatic, and of any other income of such lunatic,
as may be necessary to pay the charges of the examination, removal,
lodging, maintenance, clothing, medicine, and care of such lunatic,
accounting for the same to the same or any other justices, such
charges having been first proved to the satisfaction of the said jus-
tices, and the amount set forth in such order; and if any trustee or
other person having the possession, custody, or charge of any pro-
perty of such lunatic, or if the governor and company of the Bank
of England, or any other body or person having in their or his hands
any stock, interest, dividend, or annuity belonging or due to such
lunatic, pay the whole or any part thereof to any overseer or relieving
officer, to defray the charges set forth in such order, the receipt of
such overseer or relieving officer shall. be a good discharge to such
trustee, governor, and company, or other body or person as afore-
said: Provided always, That, notwithstanding it may appear to the
said justices that such lunatic hath such estate as aforesaid, it shall
be lawful for such justices, in the meantime and until such charges
as aforesaid shall be paid, in pursuance of such application or order
as aforesaid, to make an order on the guardians of the union or
parish, or the overseers of the parish, from which such lunatic shall
be sent for confinement, for payment of the charges of the removal,
lodging, maintenance, clothing, medicine, and care of such lunatic;
and such guardians or overseers shall be reimbursed such charges
under any order to be made as aforesaid for payment of such charges,
out of the property of the lunatic, unless the same be sooner repaid
by some relative or friend of such lunatic in pursuance of such appli-
cation as aforesaid.

Sect. 121.—If any overseer, or any treasurer of any county, upon Money
whom any order of justices for the payment of money under the crdered to

provisions of this Act or of any Act hereby repealed is made, shall ee
366

overseer,
relieving
officer, or
treasurer to
be levied (in
case of neg-
lect to pay)
by distress
or action,

Power of
appeal to
the quarter
sessions.

Interpreta-
tion of
terms.

APPENDIX. [16 & 17 Vict. c. 97.

refuse or neglect for the space of twenty days next after due notice
of such ont to pay the money so ordered to be paid, the said
money, together with the expenses of recovering the same, shall be
recovered by distress and sale of the goods of the overseer or trea-
surer so refusing or neglecting, by warrant under the hands and
seals of any two justices hereby authorized to make the order for
payment of the money aforesaid, or by an action at law, or by any
bier proceeding in any Court of competent jurisdiction, against such
overseer or treasurer ; and if the guardians upon whom any such
order is made refuse or neglect for such time as aforesaid to pay
the money so ordered to be paid, the same, together with the ex-
penses of recovering the same, may be recovered by an action at law
or by any other proceeding in any such Court ; and in case of any
such action or proceeding no objection shall be taken to any default
or want of form in any order of admission or maintenance, or in any
certificate or adjudication under this Act, if such order or adjudication
shall not have been appealed against, or if appealed against shall
have been affirmed.

Sect. 128.—Any person who thinks himself aggrieved by any
order or determination of any justices under this Act, other than
orders adjudicating as to the settlement of any lunatic pauper, and
providing for his maintenance, may, within four calendar months
after such order or determination made or given, appeal to the
general or quarter sessions, the person appealing having first given
at least fourteen clear days notice in writing of such appeal and
the nature and matter thereof to the person appealed against, and
forthwith after such notice entering into a recognizance before some
justice of the peace, with two sufficient sureties, conditioned to try
such appeal, and to abide the order and award of the said Court
thereupon ; and the said general or quarter sessions, upon proof of
such notice and recognizance having been given and entered into,
shall in a summary way hear and determine such appeal, or, if
they think proper, adjourn the hearing thereof until the next general
or quarter sessions, and if they see cause may reduce any penalty
or forfeiture to not less than one fourth of the amount imposed
by this Act, and may order any money to be returned which shall
have been levied in pursuance of such order or determination, and
may also award such further satisfaction to be made to the party
injured, or such costs to either of the parties, as they shall judge
reasonable and proper; and all such determinations of the said general
or quarter sessions shall be final, binding, and conclusive upon all
parties to all intents and purposes whatsoever.

Sect. 132.—In this Act the words and expressions following shall
have the several meanings hereby assigned to them, unless there be
something in the subject or context repugnant to such construction ;
(that is to say,)

“County” shall mean every county, riding, and division of a
county, county of a city, county of a town, and shall include
every city, town, parish, place, or district by this Act annexed
to a county for the purposes hereof :

“Borough” shall mean every borough town and city corporate
having a quarter sessions, recorder, and clerk of the peace :
16 &17 Vict. c. 97.] APPENDIX. 367

“Parish” shall mean any parish, township, vill, tithing, extra-
parochial place, or place maintaining its own poor :

“Union” shall mean a union of parishes formed under the Act of
the fifth year of King William the Fourth, intituled “An Act
for the Amendment and better Administration of the Laws
relating to the Relief of the Poor in England and Wales,” or
under the Act of the twenty-second year of King George the
Third, intituled “ An Act for the better Relief and Employment
of the Poor,” or incorporated or united for the relief or mainte-
nance of the poor under any local Act:

“ Lunatic” shall mean and include every person of unsound mind,
and every person being an idiot:

“Pauper” shall mean every person maintained wholly or in part
by or chargeable to any parish, union, or county:

“ Justice ” shall mean justice of the peace :

“ Officiating clergyman of the parish” shall include the chaplain of
the workhouse of the same parish, or of the workhouse of a union
to which such parish belongs :

“ Guardians” shall mean guardians, governors, directors, mana-
gers, or acting guardians, entitled to act in the ordering of relief
to the poor from poor rates :

“ Overseer” shall mean overseer of the poor of any parish, or any
person acting as such :

“ Relieving officer” and “clerk af the guardians” shall respectively
mean such relieving officer and clerk of the guardians, and any

ersons acting as such respectively :

“Clerk of the peace” shall mean every clerk of the peace, and
every person acting as such, or any deputy duly appointed :

“ Physician,” “surgeon,” and “apothecary” shall respectively
mean a physician, surgeon, and apothecary duly authorized or
licensed to practise as such by or as a member of some college,
university, company, or institution legally established, and quali-
fied to grant such authority or licence, in some part of the
United Kingdom, or having been in practice as an apothecary
in England or Wales on or Tiefore the fifteenth day of August
One thousand eight hundred and fifteen, and being in actual
practice as a physician, surgeon or apothecary :

“Treasurer of the borough” shall mean every officer who has the
custody of any monies raised by a borough rate :

“ Treasurer of the county ” shall mean every officer who has the
custody of any county rate, or of any rate of any city, town,
parish, place, or district by this Act annexed to a county for the
purposes hereof :

“ County rate” shall mean a county rate and any funds, assessed
upon or raised in or belonging to any county in the nature of
county rates, and applicable to the purposes to which county
rates are applicable:

“ Borough rate” shall mean a borough fund or rate, and any fund
assessed upon or raised in or belonging to any borough in the
nature of borough rates, and applicable to the purposes to which
borough rates are applicable :

“ Asylum” shall mean any asylum, house, building, or place 4s a. s,
already erected or provided under the provisions of an Act Heh ié
passed in the forty-eighth year of King George the Third, PAG Ape OE ee
368 APPENDIX. [17 & 18 Vict. c. 104.

chapter ninety-six, or an Act of the ninth year of King George
the Fourth, chapter forty, or the said Acts hereby repealed, or
any of them, or subject to the provisions of the said Acts or any of
them, or to be erected or provided under the provisions of this Act.

Commence- Sect. 134.—This Act shall commence and come into operation
ment of Act. on the first day of November one thousand eight hundred and fifty-
three.
Short title. Sect. 136.—This Act may be cited as “The Lunatic Asylums Act
1853.”
17 & 18 Vict. c. 104. ; .
An Act to Amend and consolidate the Acts relating to Merchant
Shipping. [10th August 1854.]
Apprenticeships to the Sea Service.
Shipping Sect. 141.—All shipping masters appointed under this Act shall,

mastersto if applied to for the purpose, give to any board of guardians, over-
aoae ne: ap- Seers, or other persons desirous of apprenticing boys to the sea service,
prentices, and to masters and owners of ships requiring: apprentices, such assis-
and may tance as is in their power for facilitating the making of such appren-
receivefees. ticeships, and may receive from persons availing themselves of such
assistance such fees as may be determined in that behalf by the board
of trade, with the concurrence, so far as relates to pauper apprentices
in England, of the Poor Law Board in England, and so far as relates
= pes apprentices in Ireland, of the Poor Law Commissioners in
reland.

Apprentices Sect. 145.—The master of every foreign-going ship shall, before
and their in- Carrying any apprentice to sea from any place in the United King-
dentures t9 dom, cause such apprentice to appear before the shipping master
e brought A s
before ship- before whom the crew is engaged, and shall produce to him the
ping master indenture by which such apprentice is bound, and the assignment or
Peace assignments thereof (if any); and the name of such apprentice, with
foreign-go- the date of the indenture and of the assignment or assignments
ing ship. —_ thereof (if any), and the name of the port or ports at which the same
have been registered, shall be entered on the agreement; and for any
default in obeying the provisions of this section the master shall for
each offence incur a penalty not exceeding five pounds.

Relief to Seamen’s Families out of Poor Rates.

Relieftosea. Sect. 192.—Whenever during the absence of any seamen on a
men’s fami- Voyage his wife, children, and step-children, or any of them, become
lies tobe or becomes chargeable to any union or parish in the United King-
chargeable dom, such union or parish shall be entitled to be reimbursed out of
proportion the wages of such seamen during such voyage any sums properly
of thelr expended during his absence in the maintenance of his said relations,
wages. 7
or any of them, so that such sums do not exceed the following pro-
portions of his said wages; (that is to say,)
(1.) If only one of such relations is chargeable, one half of such
wages :
(2.) If two or more of such relations are chageable, two thirds of
such wages :
17 & 18 Vict. ¢ 125.) APPENDIX. 369

But if during the absence of the seaman any sums have been paid
by the owner to or on behalf of any such relation as aforesaid, under
an allotment note given by the seaman in his, her, or their favour,
any such claim for reimbursement as aforesaid shall be limited to the
excess (if any) of the proportion of the wages hereinbefore mentioned
over the sums so paid. 7

Sect. 193.—For the purpose of obtaining such reimbursement as Notice to be
aforesaid, the guardians of the union or parish, where the relief of given to
the poor is administered by guardians, and the overseers of the poor chareeto be
of any other parish in England, and the guardians or other persons enforced on
having the authority of guardians in any union in Ireland, and the "ereturn
inspector of the poor in Scotland, may give to the owner of the ship man.

in which the seaman is serving a notice in writing stating the propor-

tion of the seaman’s wages upon which it is intended to make the

claim, and requiring the owner to retain such proportion in his hands

for a period to be therein mentioned, not exceeding twenty-one days

from the time of the seaman’s return to his port of discharge, and

also requiring such owner immediately on such return to give to such
guardians, overseers, persons, or inspector notice in writing of such

return ; and such owner, after receiving such notice as aforesaid, shall

be bound to retain the said proportion of wages, and to give notice of

the seaman’s return accordingly, and shall likewise give to the sea-

man notice of the intended claim; and the said guardians, overseers,

persons, or inspector may upon the seaman’s return apply in a sum-

mary way in England or Ireland to any two justices having juris-

diction in such union or parish as aforesaid, and in Scotland to the

sheriff of the county, for an order for such reimbursement as afore-

said ; and such justices or sheriff may hear the case, and may make

an order for such reimbursement to the whole extent aforesaid, or to

such lesser amount as they or he may under the circumstances think

fit; and the owner shall pay to such guardians, overseers, persons, or
inspector, out of the seaman’s wages, the amount so ordered to be

paid by way of reimbursement, and shall pay the remainder of the

said wages to the seaman; and if no such order as aforesaid is
obtained within the period mentioned in the notice so to be given to

the owner as aforesaid, the proportion of wages so to be retained by

him as aforesaid shall immediately on the expiration of such period,

and without deduction, be payable to the seaman.

17 & 18 Vict. c. 125.

An Act for the further Amendment of the Process, Practice, and
Mode of Pleading in and enlarging the Jurisdiction of the Superior
Courts of Common Law at Westminster, and of the Superior Courts
of Common Law of the Counties Palatine of Lancaster and
Durham. [12th August 1854.]

Sect. 20.—If any person called as a witness, or required or desiring Affirmation
to make an affidavit or deposition, shall refuse or be unwilling from instead oF
alleged conscientious motives to be sworn, it shall be lawful tor the tain cases.
Court or judge or other presiding officer, or person qualitied to take

affidavits or depositions, upon being satisfied of the sincerity of such
a BB
370 APPENDIX. 17 & 18 Vict. c. 125.]

objection, to permit such person, instead of being sworn, to make his
or her solemn affirmation or declaration in the words following;
videlicet,

I, A. B., do solemnly, sincerely, and truly affirm and declare, that
the taking of any oath is, according to my religious belief unlawful ;
and I do also solemnly, sincerely, and truly affirm and declare, &c.

Which solemn affirmation and declaration shall be of the same force
and effect as if such person had taken an oath in the usual form.

Persons Sect. 21.—If any person making such solemn affirmation or decla-
making @ ation shall wilfully, falsely, and corruptly affirm or declare any
mation be matter or thing, which, if the same had been sworn in the usual
subject to — form, would have amounted to wilful and corrupt perjury, every such
ee person so offending shall incur the same penalties as by the laws and
as for statutes of this pugder are or may be enacted or provided against

perjury. persons convicted of wilful and corrupt perjury.

Attesting Sect. 26.—It shall not be necessary to prove by the attesting
witness need witness any instrument to the validity of which attestation is not
except in cer- Pequisite ; and such instrument may be proved by admission, or other-

tain cases. wise, as if there had been no attesting witness thereto.

Provision for Sect. 28.—Upon the production of any document as evidence at
gamping | the trial of any cause, it shall be the duty of the officer of the Court
at the trial. whose duty it is to read such document to cal] the attention of the
judge to any omission or insufficiency of the stamp; and the docu-
ment, if unstamped, or not sufficiently stamped, shall not be received
in evidence until the whole or (as the case may be) the deficiency of
the stamp duty, and the penalty required by statute, together with

the additional penalty of one pound, shall have been paid.

Officer of Sect. 29.—Such officer of the Court shall, upon payment to him of
aR eee to the whole or (as the case may be) of the deficiency of the stamp
duty and. duty payable upon or in respect of such document, and of the penalty
penalty. required by statute, and of the additional penalty of one pound, give
a receipt for the amount of the duty or deficiency which the judge
shall determine to be payable, and also of the penalty, and thereupon
such document shall be admissible in evidence, saving all just excep-
tions on other grounds; and an entry of the fact of such payment
and of the amount thereof shall be made in a book kept yy such
officer; and such officer shall, at the end of each sittings or assizes
(as the case may be), duly make a return to the Commissioners of the
Inland Revenue of the monies, if any, which he has so received by
way of duty or penalty, distinguishing between such monies, and
stating the name of the cause and of the parties from whom he
received such monies, and the date, if any, and description of the
document for the purpose of identifying the same; and he shall pay
over the said monies to the Receiver-General of the Inland Revenue,
or to such person as the said Commissioners shall appoint or autho-
rize to receive the same; and in case such officer shall neglect or
refuse to furnish such account, or to pay over any of the monies so
received by him as aforesaid, he hall be liable to be proceeded
against in the manner directed by the eighth section of an Act
18 & 14 Vict, passed in the session of parliament holden in the thirteenth and four-
on teenth years of the reign of Her present Majesty, intituled, “ An Act
18 & 19 Vict. ¢. 34.) APPENDIX. 371

to repeal certain Stamp Duties, and to grant others in lieu thereof,
and to amend the Laws relating to the Stamp Duties ;” ond the said
Commissioners shall, upon request, and production of the receipt
hereinbefore mentioned, cause such documents to be stamped with the
rere stamp or stamps in respect of the sums so paid as aforesaid:

rovided always, that the aforesaid enactment shall not extend to any
document which cannot now be stamped after the execution thereof
on payment of the duty and a penalty.

 

18 & 19 Vict. c. 34,

An Act to provide for the Education of Children in the receipt of
Out-door Relief. [26th June 1855.]

Whereas it is expedient that means should be taken to provide
education for the young children of poor persons who are relieved
out of the workhouse: Be it enacted by the Queen’s most excellent
Majesty, by and with the advice and consent of the lords spiritual
and temporal, and commons, in this present parliament assembled,
and by the authority of the same,—

Sect. 1.—That the guardians of any union or any parish in Eng- Guardians
land wherein the relief to the poor is administered ty a board of may grant
guardians may, if they deem proper, grant relief for the purpose of enable cer-
enabling any poor person lawfully relieved out of the workhouse to tain poor
provide education for any child of such person between the ages of Provide
four and sixteen in any school to be approved of by the said guardians, education
for such time and under such conditions as the said guardians shall Hon thei
see fit. : :

Sect. 2.—Provided, That the poor law board may at any time issue Poor law
their order to regulate the proceedings of the guardians with refer- board may:
ence to the mode, time, or place in or at which such relief shall be to regulate

given or such education received. proceedings
of guardians,

Sect. 8.—Provided also, That it shall not be lawful for the Such educa-
a to impose as a condition of relief that such education shall [ion not to

e given to any child of the person requiring relief. tion of relief.

Sect. 4.—The cost of the relief so given for the education of any Cost of relief
such child shall be charged to the same account as the other relief f° be charged
granted by the said guardians to the same poor person, and may be account as
given by the said guardians, and recovered by them as a loan, under the other

the same circumstances and in like manner as such other relief. relict,

Sect. 5.—In the case of any child of such age as aforesaid relieved Orphans and
out of the workhouse, which child has been deserted by its parents or children
surviving parent, or both whose parents are dead, it shall be lawful may be
for such guardians in their discretion, and with the like power of "leved.
regulation on the part of the Poor Law Board as aforesaid, to grant
relief for the purpose of providing education for such child in any

such school as aforesaid.
Sect. 6.—The words used in this Act shall be construed in like Act to be

manner as the words contained in the Act of the fifth of William wins w. 4,

the Fourth, chapter seventy-six, and the several Acts incorporated e. *4.
therewith.

=
372 APPENDIX. [18 & 19 Viet. cc. 47,79.

18 & 19 Vict. c. 47.

An Act to continue an Act of the Eighteenth Year of Her present
Majesty, for charging the Maintenance of certain poor Persons in
Unions in England and Wales upon the Common Fund.

[16th July 1855.]

Whereas by the Act of the eighteenth year of Her Majesty,
chapter forty-three, certain provisions made by the several Acts
therein referred to, for charging upon the common fund of the union
the costs of the relief and of the burial of certain poor persons in those
several Acts described, and the costs of removing and maintaining
certain lunatic paupers, were continued until the thirtieth day of Sep-
tember in this present year, and to the end of the then next session
of parliament; and it is expedient that such provisions should be
further continued for a limited time: Be it therefore enacted by the
Queen’s most excellent Majesty, by and with the advice and consent
of the lords spiritual and temporal, and commons, in this present par-
liament assembled, and by the authority of the same.

17 & 18 Vict.
ec. 43,

Provisions Sect. 1.—That all the said temporary provisions continued by the
in recited said Act of the eighteenth year of Her Majesty, chapter forty-three,
Act further shall further continue in full force until the thirtieth day of September

One thousand eight hundred and fifty-six, and to the end of the then

next session of Parliament.

18 & 19 Vict. ¢. 79.

An Act to amend the Law regarding the Burial of poor Persons by
Guardians and Overseers of the Poor. 30th July 1855.]

Whereas by the Act of the eighth year of the reign of Her Majesty,

chapter one hundred and one, provisions were made for the burial of

7&8 Vict. poor persons bY guardians and overseers of the poor: And whereas, in
¢. 101, 5.31. Gonsequence of the closing of the burial grounds in many parishes,
and the want of adequate space in others, great difficulty is frequently

found in carrying into execution the above provisions, and it is

expedient that other provisions should be made: Be it therefore

enacted by the Queen’s most excellent Majesty, by and with the

advice and consent of the lords spiritual and temporal, and commons,

in this present parliament assembled, and by the authority of the

same:
‘Where bu- Sect. 1.—That where the guardians of any union or parish, or any
cont of their officers duly authorized in that behalf, or the overseers of any

closed or parish not under a board of guardians, shall undertake the burial of
overcrowded, any poor person, or shall contribute money or other aid towards the
Sverseers  Saine, and the burial cannot take place in the parish where, according
may bury in to the provisions of the said Act, the same would have been required
oe Nea to take place, by reason of the public burial ground of such parish
having been closed, and no other having been provided, or where, in
consequence of the crowded state of such burial ground, the guardians
or overseers respectively are of opinion that the burial of such dead
20 Vict. ¢. 19,] APPENDIX. 373

body therein would be improper, it shall be lawful to bury such body
in a public burial ground (some part of which has been consecrated)
of or in some parish as near as conveniently may be to the parish
wherein the burial would have been required to take place according
to the provisions of the said Act: Provided, that in all cases of
burial under the direction of the guardians or their officers, or of the
overseers, as aforesaid, the fee or fees payable by the custom of the
place where the burial may be, or under the provisions of any Act of
parliament, shall be paid by the said guardians or overseers for
the burial of each such body to the person or persons who by such
custom or under such Act of parliament shall be entitled to receive
such fee or fees.

Sect. 2.—The guardians of any union or parish, or the overseers Power to
of any parish not under a board of guardians, may from time to time enter into |
enter into agreements with the proprietors of any cemetery esta- ee cerns
blished under the authority of parliament, or with any burial board tery com-
duly constituted under the statutes in that behalf, for the burial of Pie
the dead bodies of any poor persons which such guardians or over- boards.
seers may undertake to bury, or towards the burial thereof they may
render assistance ; and thereupon the burial of any such body, under
the directions of the said guardians or their officer, or of such over-
seers, or with their aid respectively, in such cemetery, or in the burial
ground of such burial board (unless the deceased person, or the
husband or wife or next of kin of such deceased person, have other-
wise expressly desired), shall be lawful: Provided, however, that no
such agreement shall be valid unless made in such form and with

such stipulations as the Poor Law Board shall approve.

Sect. 3.—The words contained in this Act shall be construed in Construction
like manner as in the Act of the fifth year of King William the of words |
Fourth, chapter seventy-six, and in the several Acts incorporated 4 « 5 Ww. 4,

therewith. ©. 76, &e.

20 Vict. c. 19.

An Act to provide for the Relief of the Poor in Extra-parochial
places. : [21st March 1857.]

Whereas it is desirable that provisions should be made for the
relief of the poor in extra-parochial places: Be it therefore enacted
by the Queen’s most excellent Majesty, by and with the advice and
consent of the lords spiritual and eae and commons in this
ea parliament assembled, and by the authority of the same, as

ollows :

Sect. 1.—After the thirty-first day of December One thousand an extra-
eight hundred and fifty-seven, every place entered separately in the Tan cee
report of the registrar-general on the last census which now is or is no poor rate
reputed to be extra-parochial, and wherein no rate is levied for the ie levial, 19
relief of the poor; shall for all the purposes of the assessment to the podemet
poor rate, the relief of the poor, the county, police, or borough rate, relief of the
the burial of the dead, the removal of nuisances, the registration of Po &c-
376

4&5W.4,
c. 76, &e.

5&6 W. 4,
ce. 69.

Provision
for the
acquisition
of sites for a
workhouse,
when the
land belongs
to an eccle-
sinstical cor-
poration sole
unsound in
mind.

APPENDIX. [20 & 21 Vict. c. 138.

sions contained therein, and in the subsequent Acts explaining and
extending the same, and not repealed, shall, so far as they shall be
consistent herewith, be extended to this Act.

20 & 21 Vict. c. 13.

An Act to facilitate the procuring of Sites for Workhouses in certain
Cases. [18th July, 1857.]

Whereas it is provided by the Act of the fifth and sixth years of
King William the Fourth, chapter sixty-nine, that any ecclesiastical
corporation sole may dispose of, by way of absolute sale or in exchange
for any messuages, lands, or other hereditaments, any lands or
buildings for the purpose of the same being used as or converted into
a workhouse, or of being occupied with a workhouse, or for any other
purpose relating to the relief of the poor which the Poor Law Com-
missioners might approve of, and to convey the same, and the fee
simple and inheritance thereof, unto the guardians of any union or
parish, or their successors, and to accept from and give to such
guardians any moneys by way of equality of exchange: And
whereas difficulty has arisen in carrying this provision into execu-
tion where the person who constitutes any ecclesiastical corporation
sole is insane, and it is expedient to provide a remedy for such cases :
Be it therefore enacted by the Queen’s most excellent Majesty, by and
with the advice and consent of the lords spiritual and temporal, and
commons, in this present parliament assembled, and by the authority
of the same, as follows:

Sect. 1.—If the guardians of any union or parish, or the managers
of any school district, shall be desirous of purchasing or of exchangin
for the purposes mentioned in the said Act, or in any Act incorporate
therewith or extending or explaining the same, any land or building
belonging to any ecclesiastical corporation sole, and the person for
the time being entitled to such land or building by virtue of his office
shall be found upon a commission issued by the Lord Chancellor
intrusted as in the Act of the sixteenth and seventeenth years of the
reign of Her Majesty, chapter seventy, to be insane, it shall be com-
petent for such guardians or managers to petition the said Lord
Chancellor, intrusted as aforesaid, for leave to purchase or exchange
any such land or buildings so belonging to such corporation sole, and
upon such petition the said Lord Chancellor may make such order as
shall seem to him to be proper; and if he shall see fit to authorize the
sale or exchange of any land or building, the same shall on behalf of
such corporation sole be conveyed to or received in exchange from
such guardians or managers, as the case may be (with the consent
of the ordinary having jurisdiction over such corporation sole, and with
such further consents if necessary as are hereinafter mentioned), by
such person as the said Lord Chancellor shall by order appoint, and
the purchase money or the money to be received for equality of
exchange on behalf of such corporation sole shall (except as herein-
after mentioned) be paid into the Bank of England, in the name and
with the privity of the accountant-general of the Court of Chancery,
to be placed to his account to the credit of the said corporation nok
20 & 21 Vict. c. 13.] APPENDIX. 877

and thenceforth all proceedings authorized by the second section of
the said hereinbefore tirst-mentioned Act shall be applicable to such
sum of money paid to the account of the said accountant-general.

.. Sect. 2.— Provided nevertheless, that if the said corporation sole Certain
shall be the incumbent of any benefice, the consent of the patron of fonsents to
the said benefice shall be necessary to perfect and complete such sale to the

or exchange as aforesaid, and if the sad land or building so to be sold acquisition.
or exchanged as aforesaid or any part thereof shall have been pur-

chased by the governors of the bounty of Queen Anne for the aug-
mentation of the maintenance of the poor clergy, or have been other-

wise ree or annexed by or with the consent, concurrence, or
direction of the said governors to the said benefice for the augmen-

tation thereof, the consent of the said governors shall be necessary to

perfect and complete such sale or exchange as aforesaid, and in either

of such cases the said purchase money, or the money to be received

for equality of exchange as aforesaid, shall be paid to the said
governors, and the receipt of the treasurer for the time being of the

said governors shall be sufficient discharge for the said moneys, or

for so much thereof as in such receipt shall be expressed to be
received; and all the moneys to arise from such purchase or exchange

as aforesaid shall (subject to any stipulation or agreement which the Application
said governors in their discretion may think proper to make for of Purchase
payment thereout of the costs and expenses of such sale or exchange) y

be eppropnsted by the said governors to the particular benefice to

which the said land or building comprised in such sale or exchange

shall have previously belonged, and shall be applicable and disposable

by them, for the benefit and augmentation of such benefice, in such

and the same manner, and with such and the same powers of invest-

ment and other powers or authorities in all respects according to the

rules and regulations of the said governors for the time being, as if

the said moneys or the stocks or funds which might be purchased
therewith were then originally appropriated by the said governors to

such benefice out of the general funds and profits of the said
governors or otherwise for the benefit and augmentation thereof.

. Sect. 3.—Until the said purchase money or the money so to be Application
paid for equality or exchange as aforesaid shall have been reinvested of dividends
in the purchase of land, tithes, or other hereditaments for the benefit (annum...
of the said corporation sole, the interest, dividends, or annua] income investment.
from time to time accruing thereon shall be applied in like manner as
the rents and profits of the land or building so purchased or exchanged
would have been applicable if the same tacit or building had not
been purchased or exchanged, and the said Lord Chancellor may
make such order or orders from time to time as may be requisite for
the purpose of such application.

Sect. 4.—The consent of the said ordinary, patron, and governors How consent
hereby required shall be testified by the said ordinary, patron, and fee
governors respectively executing the deed or other assurance by given.
which the land or building sold or exchanged shall be conveyed or
assured, except that in the case of any land or building of copyhold
or customary tenure which shall be conveyed or assured by surrender
such consent shall be testified by any writing under the corporate

seal, or the hand and seal, as the case may be, of each of the con-
378 APPENDIX. [20 & 21 Vict. c. 13:

senting parties, which ve if produced to the lord or steward of
the manor of which the said Jand or building shall be holden, shall
be a sufficient authority to such lord or steward for accepting from
the person so appointed or ordered to convey as aforesaid a surrender
of the same land and building, and such writing shall be entered,
with the surrender, upon the Court rolls of the said manor.

Eroulsion Sect. 5.—In any case where upon the sale of any such land or
vahtoe ° building as aforesaid belonging to any benefice the patronage of the
patronage said benefice shall be in the Ceieh, or the advowson and right of
etn tne poronsg? of such benefice shall be part of the possessions of the
Duke of uchy of Cornwall, or the patron of such benefice shall be a minor,
Cornwall, or jdiot, lunatic, or feme covert, the consent required by this Act on the
under part of the patron of such benefice shall be testified by the execution
disability. of such deed or assurance or other writing as aforesaid by such and
the same persons as by the Act of parliament passed in the session
holden in the first and second years of the reign of Her present Ma-
jesty, chapter twenty-three, intituled “ An Act to amend the Law for
providing fit Houses for the Beneficed Clergy,” are in like cases
directed or authorized to testify the consent of the patron to the
exercise of the several powers given by the said last-mentioned Act,
or by certain other Acts therein mentioned or referred to, and in all
other cases the consent required by this Act on the part of the patron
of any benefice shall be given by the person or persons who would
be entitled to present, nominate, or collate to such benefice in case the
same were actually vacant at the time of giving such consent.

iaepie Sect. 6.—In the construction of this Act the word “ benefice”
tie word Shall be taken to extend to and comprise all rectories with cure of
benefice.” souls, vicarages, perpetual surpeteud chapelries, the incumbents of

which respectively shall in right thereof be corporations sole.

Provisions of _ Sect. 7.—The provisions of the Act of the first year of the reign of
7 Wet, Her present Majesty, chapter fifty, shall be applicable to this Act,
and inter- | and the several terms herein used shall be construed as in the one
Pree of hundred and ninth section of the Act of the fourth and fifth William
W.4.c.76, the Fourth, chapter seventy-six, and as in the Act of the sixteenth
and 16 &17 and seventeenth years of Her present Majesty, chapter seventy,

Vict. ec. 70, i
ane,” respectively.
INDEX OF CASES.

A.

Acton, 8 Q. B. 108; 15 Law J. 21,m.; 10 J. P. 150, p. 214.

Aldborough, 13 Q. B. 190; 18 Law J. 81, m.; 13 J. P. 331, p. 139,

All Saints, Derby, 14 Q. B. 207; 19 Law J. 14, m.; 14 J. P. 28, p. 128.

Allison v. Monkwearmouth Shore, 4 E. & B.13; 23 Law J.177; 18 J. P.
438, p. 36.

Anderson, 9 Q. B. 663; 11 J. P. 55, p. 164.

Anglesea, Marquis, v. Rugeley, 6 Q. B. 107; 8 J. P. 694, p. 121.

Ashburton, 9 Q. B. 871; 15 Law J. 97, m.; 10 J. P. 482, p. 144.

Aston near Birmingham, 12 Q. B.26; 19 Law J.17,m.; 14 J. P..208, p. 237.

B.

Badcock et al., 6 Q. B. 787; 9 J. P. 245, p. 103.

Bamford et al., v. Iles et al., 18 Law J. 49, m. ; 3 Exc. Rep. 380; 13 J, P.
652, p. 19.

Bangor, 10 Q. B. 91; 16 Law J. 58, m.; 11 J. P. 260, p. 107.

Baptist Missionary Society, 10 Q. B. 884; 18 Law J. 194, m.; 13 J, P.
378, p. 68.

Barnsley, 12 Q. B. 193 ; 18 Law J. 170, m.; 13 J. P. 329, p. 174.

Basingstoke, 14 Q. B. 611; 14J. P. 75, p, 245.

Bedfordshire, JJ., v. Overseers of St. Paul’s, 21 Law J. 228, m.; 16 J. P.
552, p. 64,

Bedingham, 5 Q. B. 653; 13 Law J. 75,m; 8 J. P. 660, p. 199, 239, 250.

Benjeworth, 3 E. & B. 637; 23 Law J. 124, m.; 18 J. P. 471, p. 162.

Bennett et al., 3 E. & B. 341; 23 Law J. 39, m.; 18 J. P. 217, p. 191.

Birkenhead Docks, Trustees of, 2 E. & B. 148; 21 Law J. 209, m.; 16
J. P. 551, p. 43.

Birmingham, 5 Q. B. 210; 13 Law J. 1,m.; 7 J. P. 705, p. 166.

Birmingham, 8 Q. B. 410; 15 Law J. 65, m.; 10 J. P. 295, p. 180.

Birmingham, Overseers of, in re the Birmingham New Library, 18 Law J.
89, m.; 13 J. P. 395, p. 81.

Birmingham v. Shaw et al., 10 Q. B. 868 ; 13 J. P. 395, p. 81.

Blanchard et al., 13 Q. B. 318; 13 J. P. 104, p. 198.

Blathwyat et al., 15 Law J. 48, m.; 10 J. P. 231, p. 196.
380 Index of Cases.

Bodenham v. St. Andrew, Worcester, 1 E. & B. 465; 22 Law J. 29, m.;
17 J. P. 360, p. 126.

Bradford, Wilts, 8 Q. B. 571; 15 Law J. 117,m.; 13J. P.375, pp. 194, 248.
Brandt et al., 16 Q. B. 462; 20 Law J. 119, m.; 15 J. P. 191, p. 79.
Brighthelmstone, 7 Q. B. 549; 9 J. P. 599, p. 254.

Brighthelmstone, 4 E. & B. 236; 24 Law J. 41, m.; 19 J. P. 182, p. 178.

Bristol, Governor, &c., of the Poor of the City of, 18 Law J. 132, m. ;
14 J. P. 353, p. 20.

Buckinghamshire, JJ. 3 Q. B. 800; 12 Law J. 29, m.; 7 J. P. 97, p. 272.
Buckinghamshire, JJ. 4 E. & B, 259, n.; 19 J. P. 148, p. 219.

Bucknell, 3 E. & B. 587; 28 Law J. 129, m.; 18 J. P. 503, p. 166.
Burgate, 3 E. & B. 823; 23 Law J. 143, m.; 18 J. P. 631, p. 154.

Cc.

Caldecote, 17 Q. B, 52; 20 Law J. 187, m.; 15 J. P. 517, p. 175.
Cambridgeshire, JJ., 19 Law J. 1380, m.; 14 J. P. 141, p. 110.
Carlton, 14 Q. B. 810; 19 Law J. 100, m.; 13 J. P. 604, p. 159.
Casterton, 6 Q. B. 507; 14 Law J.5,m.; 9J. P. 117.

Chedgrave, 12 Q. B. 206; 19 Law J. 54, m.; 14 J. P. 242, p. 207.
Chedgrave, 20 Law J. 23, m., p. 208.

Chiswick, 10 Q. B. 241, u.; 8 J. P. 758, p. 148.

Christchurch, 12 Q. B. 149; 18 Law J. 28, m.; 12 J. P. 792, p. 185.

Clarke et al., v. Guardians of the Cuckfield Union, 21 Law J. 349, q.b.;
16 J. P. 457, p. 12.

Clayton, 13 Q. B. 354; 18 Law J. 129, m.; 13 J. P. 166, p. 104.
Cockburn et al., 16 Q. B. 480; 16 J. P. 198, p. 72.

Colerne, 11 Q. B. 909; 17 Law J. 121, m.; 12 J. P. 535, p. 212.
Combs, 5 E. & B, 892; 25 Law J. 59, m.; 20 J. P. 516, p, 191.
Cooper, 18 Law J. 16, m.; 12 J. P. 803, p. 214.

Cooper et al., 23 Law J. 183, m.; 18 J. P. 695, p. 62.

Crondall, 10 Q. B. 812; 16 Law J. 175, m.; 11 J. P. 486, p. 249.
Crowan, 14 Q. B, 221; 19 Law J. 20, m.; 14 J. P. 207, p. 207.
Cuckfield, 5 E. & B. 523; 25 Law J.4,m.; 20 J. P. 196, p. 180.
Cuddington, 14 Law J. 182, m.; 9 J. P. 713, p. 156.
Cumberworth Half, 5 Q. B. 484; 13 Law J. 49, m.; 8 J. P. 500, p. 149.

D.

De la Beche et al., v. Rector, &c., of St. James, Westminster, 4 E. & B.
385; 24 Law J. 74, m.; 19 J. P. 180, p. 56.

Derby, Recorder of, 20 Law J. 44, m. ; 14 J. P. 753, p. 230.
Doe d. Bowley ot al., v. Barnes, 8 Q. B, 1087 ; 10 J. P. 309, p. 16.
Index of Cases. 381

Doe d. Edney et al., v. Benham, 7 Q. B. 976; 8 J. P. 741; 10 J. P. 38,
39, p. 18.

Doe d. Lansdell et al., v. Gower, 17 Q. B. 589; 15 J. P. 816, p. 17.
Droitwitch, 9 Q. B. 886: 11 J. P. 53, p. 259.
Dukinfield, 11 Q. B. 678; 17 Law J. 118, m.; 12 J. P. 230, p. 252.

E.

Ealing, 12 Q. B. 178, u.; 18 Law J. 185, m.; 18 J. P. 297, p. 235.

East Stonehouse, 3 E. & B. 596; 23 Law J. 137, m. 18 J. P. 522, p. 183.
East Stonehouse, 4 E. & B. 901, 24 Law J. 121, m. ; 19 J. P. 579, p. 190.
Eastern Railway Company, 5 E. & B. 974; 25 Law J. 49, m.; 20 J. P. 566.
Electric Telegraph Company v. Salford, 24 Law J. 146; 19 J. P. 375, p.35.
Ellel, 7 Q. B. 593; 14 Law J. 126, m.; 9 J. P. 744, p. 265.

Ellesmere, 18 Law J. 181, m.; 13 J. P. 297, 346, p. 265.

Ellis et al., 12 Law J. 20, m.; 7 J. P. 179, p. 69.

Epsom, 4 E. & B. 1003; 24 Law J. 119, m.; 19 J. P. 484, p. 146,
Evenwood & Barony, 3 Q. B 370; 12 Law J. 101, m.; 7 J. P. 626, p. 254.
Eyre, 6 E. & B. 992; 26 Law J. 14, m.; 20 J. P. 740, p. 111.

Eyre, 26 Law J. 121, m.; 21 J. P. 291, p. 113.

Eyre, 7 E. & B. 609; 26 Law J. 125, m.; 21 J. P. 293, p. 112.

F.

Flannagan v. Bishop Wearmouth, 27 Law J. 46, m.; 21 J. P. 725, p. 120.
Forncette St. Mary, 12 Q. B. 160; 18 Law J. 125, m.; 13 J. P. 505, p. 171.

a.

Gambier v. Lydford, 3 E. & B. 346; 23 Law J. 69, m.; 18 J. P. 456, p. 65.

Gaskell et al., 16 Q. B. 472; 21 Law J. 29,m.; 15 J. P. 755, p. 70.

Glamorganshire, JJ.,19 Law J. 172, m.; 14 J. P. 383, p. 268.

Glossop, 12 Q. B. 117; 17 Law J. 171, m.; 12 J. P. 597, p. 170.

Godolphin, Ld. et al., 13 Law J. 57; 8 J. P. 521, p. 109.

Gomersal, 17 Law J. 163, m.; 12 J. P. 774, p. 210.

Goodchild v. St. John’s, Hackney, 22 J. P. 144, p. 30.

Grand Junction Railway Company, 4 Q. B. 18; 13 Law J. 94, m.; 8 J.P.
810, p. 85.

Great Bolton, 7 Q. B. 387; 14 Law J. 122, m.; 9 J. P. 536, pp. 213, 257.

Great Western Railway Company, 6 Q. B. 179; 15 Law J. 80, m.; 10J. P.
57, p. 89.

Great Western Railway Company, 13 Q. B. 327; 18 Law J. 145, m.;
13 J. P. 198, p. 22.

Great Western Railway Company, 15 Q. B. 379, 1085 ; 21 Law J. 84, m.;
16 J. P. 164, p. 93.
380 Index of Cases.

Bodenham v. St. Andrew, Worcester, 1 E. & B. 465; 22 Law J. 29, m. ;
17 J. P. 360, p. 126.

Bradford, Wilts, 8 Q. B. 571; 15 LawJ. 117,m.; 13J. P.375, pp. 194, 248.
Brandt et al., 16 Q. B. 462; 20 Law J. 119, m.; 15 J. P. 191, p. 79.
Brighthelmstone, 7 Q. B. 549; 9 J. P. 599, p. 254.

Brighthelmstone, 4 E. & B. 236; 24 Law J. 41, m.; 19 J. P. 182, p. 178.

Bristol, Governor, &c., of the Poor of the City of, 18 Law J. 132, m.;
14 J. P. 858, p. 20.

Buckinghamshire, JJ. 3 Q. B. 800; 12 Law J. 29, m.; 7 J. P. 97, p. 272.
Buckinghamshire, JJ. 4 E. & B. 259, u.; 19 J. P. 148, p. 219.

Bucknell, 3 E. & B. 587; 23 LawJ. 129, m.; 18J. P. 508, p. 166.
Burgate, 3 E. & B. 823; 23 Law J. 143, m.; 18 J. P. 631, p. 154.

Cc.

Caldecote, 17 Q. B. 52; 20 Law J. 187, m.; 15 J. P. 517, p. 175.
Cambridgeshire, JJ., 19 Law J. 130, m.; 14 J. P. 141, p. 110.
Carlton, 14 Q. B. 810; 19 Law J. 100, m.; 13 J. P. 604, p. 159,
Casterton, 6 Q. B. 507; 14 Law J. 5, m.; 9J. P. 117.

Chedgrave, 12 Q. B. 206; 19 Law J. 54, m.; 14 J. P. 242, p. 207.
Chedgrave, 20 Law J. 23, m., p. 208.

Chiswick, 10 Q. B. 241, n.; 8 J. P. 758, p. 148.

Christchurch, 12 Q. B. 149; 18 Law J. 28, m.; 12 J. P. 792, p. 185.

Clarke et al., v. Guardians of the Cuckfield Union, 21 Law J. 349, q.b.;
16 J. P. 457, p. 12.

Clayton, 13 Q. B. 354; 18 Law J. 129, m.; 13 J. P. 166, p. 104.
Cockburn et al., 16 Q. B. 480; 16 J. P. 198, p. 72.

Colerne, 11 Q. B. 909; 17 Law J. 121, m.; 12 J. P. 535, p. 212.
Combs, 5 E. & B. 892; 25 Law J. 59, m.; 20 J. P. 516, p, 191.
Cooper, 18 Law J. 16, m.; 12 J. P. 803, p. 214,

Cooper et al., 23 Law J. 183, m.; 18 J. P. 695, p. 62.

Crondall, 10 Q. B. 812; 16 Law J. 175, m.; 11 J. P. 486, p. 249.
Crowan, 14 Q. B. 221; 19 Law J. 20, m.; 14 J. P. 207, p. 207.
Cuckfield, 5 E. & B. 523; 25 Law J. 4,m.; 20 J. P. 196, p. 180.
Cuddington, 14 Law J. 182, m.; 9 J. P. 718, p, 156.
Cumberworth Half, 5 Q. B. 484; 13 Law J. 49, m.; 8 J. P. 500, p. 149.

D.

De la Beche et al., v. Rector, &e., of St. James, Westminster, 4 E. & B.
385; 24 Law J. 74, m.; 19 J. P. 180, p. 56.

Derby, Recorder of, 20 Law J. 44, m.; 14 J. P. 753, p. 230.
Doe d. Bowley et al., v. Barnes, 8 Q. B. 1037 { 10 J. P. 309, p. 16.
Index of Cases. 381

Doe d. Edney et al., v. Benham, 7 Q. B. 976; 8 J. P..741; 10 J. P. 38,
39, p. 18.

Doe d. Lansdell et al., v. Gower, 17 Q. B. 589; 15 J. P. 816, p. 17.
Droitwitch, 9 Q. B. 886: 11 J. P. 53, p. 259.
Dukinfield, 11 Q. B. 678 ; 17 Law J. 118, m.; 12 J. P. 280, p. 252.

E.

Ealing, 12 Q. B. 178, u.; 18 Law J. 185, m.; 13 J. P. 297, p. 235.

East Stonehouse, 3 E. & B. 596; 23 Law J. 137, m. 18 J. P. 522, p. 183.
East Stonehouse, 4 E. & B. 901, 24 Law J. 121, m. ; 19 J. P. 579, p. 190.
Eastern Railway Company, 5 E. & B. 974; 25 Law J. 49, m.; 20 J. P. 566.
Electric Telegraph Company v. Salford, 24 Law J. 146; 19 J. P. 875, p. 35.
Ellel, 7 Q. B. 593; 14 Law J. 126, m.; 9 J. P. 744, p. 265.

Ellesmere, 18 Law J. 181, m.; 13 J. P. 297, 346, p. 265.

Ellis et al., 12 Law J. 20, m.; 7 J. P. 179, p. 69.

Epsom, 4 E. & B. 1003; 24 Law J. 119, m.; 19 J. P. 484, p. 146.
Evenwood & Barony, 3 Q. B 370; 12 Law J. 101, m.; 7 J. P. 626, p. 254.
Eyre, 6 E. & B. 992; 26 Law J. 14, m.; 20 J. P. 740, p. 111.

Eyre, 26 Law J. 121, m.; 21 J. P. 291, p. 118.

Eyre, 7 E. & B. 609; 26 Law J. 125, m.; 21 J. P. 293, p. 112.

F,

Flannagan v. Bishop Wearmouth, 27 Law J. 46, m.; 21 J. P. 725, p. 120.
Forncette St. Mary, 12 Q. B. 160; 18 Law J. 125, m.; 13 J. P. 505, p. 171.

G.

Gambier v. Lydford, 3 E. & B. 346; 23 Law J. 69, m.; 18 J. P. 456, p. 65.

Gaskell et al., 16 Q. B. 472; 21 Law J. 29,m.; 15 J. P. 755, p. 70.

Glamorganshire, JJ.,19 Law J. 172, m.; 14 J. P. 383, p. 268.

Glossop, 12 Q. B. 117; 17 Law J. 171, m.; 12 J. P. 597, p. 170.

Godolphin, Ld. et al., 13 Law J. 57; 8 J. P. 521, p. 109.

Gomersal, 17 Law J. 163, m.; 12 J. P. 774, p. 210.

Goodchild v. St. John’s, Hackney, 22 J. P. 144, p. 30.

Grand Junction Railway Company, 4 Q. B.18; 13 Law J. 94, m.; 8 J. P.
810, p. 85.

Great Bolton, 7 Q. B. 387; 14 Law J. 122, m.; 9 J. P. 536, pp. 213, 257.

Great Western Railway Company, 6 Q. B. 179; 15 Law J. 80, m.; 10J. P.
57, p. 89.

Great Western Railway Company, 13 Q. B. 327; 18 Law J. 145, m.;
13 J. P. 198, p. 22.

Great Western Railway Company, 15 Q. B. 379, 1085 ; 21 Law J. 84, m.;
16 J. P. 164, p. 98.
380 Index of Cases.

Bodenham v. St. Andrew, Worcester, 1 E. & B. 465; 22 Law J. 29, m.;
17 J. P. 360, p. 126.

Bradford, Wilts, 8 Q. B. 571; 15 Law J. 117,m.; 183. P.375, pp. 194, 248.

Brandt et al., 16 Q. B. 462; 20 Law J. 119, m.; 15 J. P, 191, p. 79.

Brighthelmstone, 7 Q. B. 549; 9 J. P. 599, p. 254.

Brighthelmstone, 4 E. & B. 236; 24 Law J.41, m.; 19 J. P. 182, p. 178.

Bristol, Governor, &c., of the Poor of the City of, 18 Law J. 132, m.;
14 J. P. 353, p. 20.

Buckinghamshire, JJ. 3 Q. B. 800; 12 Law J. 29, m.; 7 J. P. 97, p. 272.
Buckinghamshire, JJ. 4 E. & B. 259, u.; 19 J. P. 148, p. 219.

Bucknell, 3 E. & B. 587; 23 Law J. 129, m.; 18 J. P. 503, p. 166.
Burgate, 3 E. & B. 823; 23 Law J. 143, m.; 18 J. P. 631, p. 154.

c.

Caldecote, 17 Q. B. 52; 20 Law J. 187, m.; 15 J. P. 517, p. 175.
Cambridgeshire, JJ., 19 Law J. 130, m.; 14 J. P. 141, p. 110.
Carlton, 14 Q. B. 810; 19 Law J. 100, m.; 13 J. P. 604, p. 159.
Casterton, 6 Q. B. 507; 14 Law J. 5,m.; 9J. P. 117.

Chedgrave, 12 Q. B. 206; 19 Law J. 54, m.; 14 J. P. 242, p. 207.
Chedgrave, 20 Law J. 23, m., p. 208.

Chiswick, 10 Q. B. 241, n.; 8 J. P. 758, p. 148.

Christchurch, 12 Q. B. 149; 18 Law J. 28, m.; 12 J. P. 792, p. 185.

Clarke et al., v. Guardians of the Cuckfield Union, 21 Law J. 349, q.b.;
16 J. P. 457, p. 12.

Clayton, 13 Q. B. 354; 18 Law J. 129, m.; 13 J. P. 166, p. 104.
Cockburn et al., 16 Q. B. 480; 16 J. P. 198, p. 72.

Colerne, 11 Q. B. 909; 17 Law J. 121, m.; 12 J. P. 535, p. 212.
Combs, 5 E. & B. 892; 25 Law J. 59, m.; 20 J. P. 516, p, 191.
Cooper, 18 Law J. 16, m.; 12 J. P. 803, p. 214,

Cooper et al., 23 Law J. 183, m.; 18 J. P. 695, p. 62.

Crondall, 10 Q. B. 812; 16 Law J. 175, m.; 11 J. P. 486, p. 249.
Crowan, 14 Q. B. 221; 19 Law J. 20, m.; 14 J. P. 207, p. 207.
Cuckfield, 5 E. & B. 523; 25 Law J.4,m.; 20 J. P. 196, p. 180.
Cuddington, 14 Law J. 182, m.; 9 J. P. 713, p. 156.
Cumberworth Half, 5 Q. B. 484; 18 Law J. 49, m.; 8 J. P. 500, p, 149.

D.

De la Beche et al., v. Rector, &c., of St. James, Westminster, 4 E. & B.
385; 24 Law J. 74, m.; 19 J. P. 180, p. 56.

Derby, Recorder of, 20 Law J. 44, m. ; 14 J. P. 753, p. 230.
Doe d. Bowley vt al., v. Barnes, 8 Q. B. 1087 ; 10 J. P. 309, p. 16.
Index of Cases. 381

Doe d. Edney et al., ». Benham, 7 Q. B. 976; 8 J.P. 741; 10 J. P. 38,
39, p. 18.

Doe d. Lansdell et al., v. Gower, 17 Q. B. 589; 15 J. P. 816, p. 17.
Droitwitch, 9 Q. B. 886: 11 J. P. 53, p. 259.
Dukinfield, 11 Q. B. 678; 17 Law J. 113, m.; 12 J. P. 280, p. 252.

E.

Ealing, 12 Q. B. 178, n.; 18 Law J. 185, m.; 13 J. P. 297, p. 235.

East Stonehouse, 3 E. & B. 596; 23 Law J. 137, m. 18 J. P. 522, p. 183.
East Stonehouse, 4 E. & B. 901, 24 Law J. 121, m. ; 19 J. P. 579, p. 190.
Eastern Railway Company, 5 E. & B. 974; 25 Law J. 49, m.; 20 J. P. 566.
Electric Telegraph Company v. Salford, 24 Law J. 146; 19 J. P. 375, p.35.
Ellel, 7 Q. B. 593; 14 Law J. 126, m.; 9 J. P. 744, p. 265.

Ellesmere, 18 Law J. 181, m.; 13 J. P. 297, 346, p. 265.

Ellis et al., 12 Law J. 20, m.; 7 J. P. 179, p. 69.

Epsom, 4 E. & B. 1003; 24 Law J. 119, m.; 19 J. P. 484, p. 146.
Evenwood & Barony, 3 Q. B 370; 12 Law J. 101, m.; 7 J. P. 626, p. 254,
Eyre, 6 E. & B. 992; 26 Law J. 14, m.; 20 J. P. 740, p. 111.

Eyre, 26 Law J. 121, m.; 21 J. P. 291, p. 113.

Eyre, 7 E. & B. 609; 26 Law J. 125, m.; 21 J. P. 293, p. 112.

F.

Flannagan v. Bishop Wearmouth, 27 Law J. 46, m.; 21 J. P. 725, p. 120.
Forncette St. Mary, 12 Q. B. 160; 18 Law J. 125, m.; 13 J. P. 505, p. 171.

G.

Gambier v. Lydford, 3 E. & B. 346; 23 Law J. 69, m.; 18 J. P. 456, p. 65.
Gaskell et al., 16 Q. B. 472; 21 Law J. 29,m.; 15 J. P. 755, p. 70.
Glamorganshire, JJ.,19 Law J. 172, m.; 14 J. P. 383, p. 268.

Glossop, 12 Q. B. 117; 17 Law J. 171, m.; 12 J. P. 597, p. 170.
Godolphin, Ld. et al., 13 Law J. 57; 8 J. P. 521, p. 109.

Gomersal, 17 Law J. 163, m.; 12 J. P. 774, p. 210.

Goodchild v. St. John’s, Hackney, 22 J. P. 144, p, 30.

Grand Junction Railway Company, 4 Q. B. 18; 13 Law J. 94, m.; 8 J.P.
310, p. 85.

Great Bolton, 7 Q. B. 387; 14 Law J. 122, m.; 9 J. P. 536, pp. 213, 257.

Great Western Railway Company, 6 Q. B. 179; 15 Law J. 80,m.; 10J.P.
57, p. 89. :

Great Western Railway Company, 13 Q. B. 827; 18 Law J. 145, m.;
13 J. P. 198, p. 22.

Great Western Railway Company, 15 Q. B. 379, 1085 ; 21 Law J. 84, m.;
16 J. P. 164, p. 93.
382 Index of Cases.

Green et al., 17 Q. B. 793, 21 Law J. 137, m. ; 16 J. J. 183, p. 2.
Greenaway et al., 7 Q. B. 126; 14 Law J. 190, m.; 6 J. P. 837, p. 192.
Griffiths, 17 Q. B. 164; 15 J. P. 450, p. 15.

H.

Halifax, 12 Q. B. 111; 17 Law J. 158, m.; 12 J. P. 618, p. 168.

Halifax, 4 E. & B. 647; 24 Law J. 65,m.; 19 J. P. 244, p. 155.

Hammersmith Bridge Company, 15 Q. B. 369 ; 18 Law J. 85, m.; 13 Law J.
103, p. 51. :

Harrison et al., 9 Q. B. 794; 16 Law J. 33, m.; 10 J. P. 771, p. 16.

Harrow-on-the-Hill, 12 Q. B. 103; 17 Law J. 148, m.; 12 J. Ps 584,
p. 186.

Harrowgate, Commissioners of, 15 Q. B. 1012; 20 Law J. 25, m.; 15 J.P.
38, p. 63.

Hartfield v. Rotherfield, 17 Q. B. 746, 759; 21 Law J. 65, m; 16 J. P.
181, p. 181.

Hartington-middle-Quarter, 4 E. & B. 780; 24 Law J. 98, m.; 19 J. P.
150, p. 251.

Hartpury, 8 Q. B. 566; 11 J. P. 388, p. 247.

Haslam and Howarth, 17 Q. B. 220; 15 J. P. 642, p. 52.
Hawkins v. Lamberhurst, 22 J. P. 148, p. 32.

Heston v. St. Bride’s, 22 Law J. 65, m.; 17 J. P. 408, p. 256.

Holborn Union, Guardians of, 6 E. & B, 715; 25 Law J. 110, m.; 20 J. P.
693, p. 142.

Holne, 9 Q. B. 70; 15 Law J. 125, m.; 10 J. P. 517, p. 143.
Holbeck, 4 Q. B. 590; 12 Law J. 78, m.; 7J. P. 560, p. 134.
Holbeck, 16 Q. B. 404; 20 Law J. 107, m.; 15 J. P. 227, p. 182.

Holland et al. v. Lea et al., 23 Law J. 122, m.; 9 Exc. Rep. 430; 18 J. P-
201, p. 18.

Horton v. Leeds, 5 E. & B. 595; 25 Law J. 88, m.; 20 J. P. 198, p. 184.
Huddersfield, 26 Law J. 169, m.; 22 J. P. 160, p. 167.

Hull Dock Company, 7 Q. B.2; 14 Law J. 114, m.; 9J. P. 405, p. 41.
Hull Dock Company, 18 Q. B. 325 ; 21 Law J. 153, m., p. 42.

Hull, Justices, 4 E & B. 29; 18 J. P. 695, p. 62.

Hulme, 4 Q. B. 588; 12 Law J. 100, m.; 7 J. P. 370, p. 152.
Hunnington, 5 Q. B. 273; 18 Law J. 24,m.; 8 J. P. 20, pp. 187, 215,
Hunt, 6 E, & B. 408; 20 J. P. 581, p. 25.

Huntley, 23 Law J. 106, m.; 18 J. P. 520, p. 114.

Husthwaite, 18 Q. B. 447 ; 21 Law J. 189, m.; 16 J. P. 696, p. 153.

J.
Jones, 8 Q. B. 719; 15 Law J. 159, m.; 103 P. 531, p. 83.
Index of Cases. 383

K.

Kenilworth, 7 Q. B. 642; 14 Law J. 160, m.; 6 J. P. 680, p. 148.

Kentmere, 17 Q. B. 551; 21 Law J.13, m.; 16 J. P. 36, p. 50.

Killymaenllwydd v. St. Michael’s, Pembroke, 21 Law J.79,m.; 16 J. P.
150, p. 206,

King’s Lynn, Recorder of, 15 Law J. 98, m.; 10 J. P. 804, p. 204.

Kingsclere, 3 Q. B. 397, m.; 13 Law J. 38, m.; 8 J. P. 261, p. 262.

Kingston-upon- Hull Dock Company,7 Q. B.2; 14 Law J.114,m.; 9 J.P.
405, p. 41.

Kingston-upon-Hull Dock Company, 18 Q. B. 325; 21 Law J. 153, m.;
16 J. P. 488, p. 42. :

Knaresborough, 16 Q. B. 446; 20 Law J. 147, m.; 15 J. P. 259, p. 156,

L.

Lambeth, Guardians of, 5 Q. B. 513; 14 Law J. 133, m.; 9 J. P. 600,
p. 211.

Lancashire, JJ., 2 Q. B. 85; 5 J.P. 484, p. 217.

Lancashire, JJ., 3 Q. B. 367 ; 12 Law J. 76; 7 J. P. 626, p. 261.

Lancashire, JJ., 4 Q. B. 910; 12 Law J. 110, m.; 7 J. P.-399, p. 221.

Lancashire, JJ., 17 Law J. 45, m.; 11 J. P. 820, p. 223.

Lancashire, JJ., 19 Law J. 199, m.; 14 J. P. 528, p. 110.

Landkey, 9 Q. B. 905; 16 Law J. 81; 11 J. P. 440, p. 258.

Latchford, 6 Q. B. 567 ; 14 Law J. 20, m.; 9 J. P. 132, p. 266.

Leeds, Recorder of, 2 Q. B. 547, n., p. 236.

Leeds, 5 Q. B. 916; 13 Law J. 107, m.; 8 J. P. 517, p. 165.

Leeds, 9 Q. B. 910; 17 Law J. 1,m.; 12 J. P. 21, p. 260.

Leith, 1 E. & B. 121; 21 Law J. 119, m.; 16 J. P. 310, p. 37.

Leominster, 5 Q. B. 640; 13 Law J. 54,m.; 8 J. P. 613, p. 232.

Lewis v. Swansea, 5 E, & B. 508; 25 Law J. 35 m.; 20 J. P. 228, p. 97.

Little Marlow, 10 Q. B, 223; 16 Law J. 70, m.; 11 J. P. 133, p. 248.

Liverpool, Recorder of, 15 Q. B. 1070; 14 J. P. 782, p. 218.

Liverpool, Mayor, &c. of, v. West Derby, 6 E. & B. 704; 25 Law J. 112, m.;
20 J. P. 661, p. 47.

Llanelly, 17 Q. B. 40; 15 J. P. 534, p. 187.

Llanfaethly, 23 Law J. 33, m.; 8 J. P. 18, p. 242.

Llansaintffraid Glan Conway, 2 E. & B. 803; 25 Law J.5,m.; 18 J. P. 28,
p. 158.

London, Brighton and South Coast Railway, 15 Q. B. 313; 20 Law J.
125, m., 148, m.; 15 J. P. 240, p. 91.

Longwood, 18 Q. B. 116; 18 Law J. 65, m.; 13 J. P. 137, p. 46.

Longwood, 17 Q. B. 871; 21 Law J. 215, m.; 16 J. P. 473, p. 48,
384 Index of Cases.

M.

Macclesfield, 8 Q. B. 822, n.; 8 J. P. 373, p. 272.

Macclesfield, 13 Q. B. 881; 19 Law J. 38, m.; 13 J. P. 635, p. 256.
Madeley, 15 Q. B. 43; 19 Law J. 187, m.; 14 J. P. 589, p. 199.
Manchester, 16 Q. B. 449 ; 20 Law J. 113, m.; 15 J. P. 193, p. 73.
Manchester, 17 Q. B. 46, n.; 15 J. P. 755, p. 188.

Manchester, 3 E. & B. 836; 23 Law J. 48, m.; 18 J. P. 218, p. 58.

Manchester, Mayor, &c. of, v. Manchester, 17 Q. B. 859; 21 Law J. 160, m.;
16 J. P. 505, p. 49.

Martin, 13 Law J. 85, m., p. 120.

Mendham, 9 Q. B. 971; 16 Law J. 67, m.; 11 J. P. 184, p. 150.
Middlesex, 4 Q. B. 807; 12 Law J. 134, m.; 7 J. P. 494, p. 222.
Middlesex, 14 Law J. 139, m.; 9 J. P. 374, 389, p. 224.
Middlesex, 20 Law J. 42, m.; 14J. P. 736, p. 226.

Middlesex, JJ., 15 Law J. 100, m.; 10 J. P. 309, p. 229.
Middlesex, JJ., 16 Law J. 135, m.; 11 J. P. 503, p. 170.
Middlesex, Clerk of the Peace for, 16 J. P. 536, 758, p. 169.

Midland Railway Company, 15 Q. B. 353; 20 Law J. 140, m., 143, m. ;
15 J. P. 240, p. 93.

Mile End Old Town, 10 Q. B. 208; 16 Law J. 185, m.; 11 J. P. 505, p. 45.
Montgomeryshire, 14 Law J. 142, m.; 9 J. P. 358, 389, p. 224.

Morrison et al.,1 E & B. 150; 22 Law J. 14, m.; 17 J. P. 24, p. 38.
Morten, 5 Q. B. 591, p. 120.

Mortlock et al.,7 Q. B. 459; 9 J. P. 454, p. 113.

Much Hoole v. Preston, 17 Q. B. 548; 16 J. P. 212, p. 188.

Much Hoole, 21 Law J. 1, m.; 16 J. P. 212, p. 188.

N.

Napton, 25 Law J. 296, q.b.; 20 J. P. 581, p- 25.
Nempnett Thrubwell, 17 J. P. 83, p. 179.
Newbold v. Coltman et al., 20 Law J. 149, m.; 15 J. P. 372, p. 123.

Newmarket Railway v. St. Andrew-the-Less, Cambridge, 3 E. & B. 94;
23 Law J. 76, m.; 18 J. P. 348, p. 96.

New Sarum, JJ., 17 J. P. 53, p. 115.
Newton Ferrers, 9 Q. B. 32; 10 J. P. 338, p. 197.
North Shields, 16 J. P. 727, 742, 758; 17 J. P. 24, p. 38.

North and South Shields Ferry Company, 1 E, & B. 140; 22 Law J. 9, m.;
17. J. P. 21, p. 98.

Northowram, 9 Q. B. 24; 15 Law J. 149, m.; 11 J.P. 4, p. 133,

Oo

Oldham Union, Overseers of the Townships in, 10 Q. B, 700 3 16 Law J.
110,m.; 11 J. P. 404, p. 10.
Inidex of Cases. 885

Ormerod v. Chadwick et al., 16 Law J. 148, m.; 11 J. P. 138, p. 109.
Orton, 7 Q. B. 120; 9 J. P. 520, p. 194, 241.

Ossett, 16 Q. B. 975; 20 Law J. 205, m.; 15 J. P. 498, p. 163.
Over, 14 Q. B. 425; 143. P. 176, p. 240.

Oxford, Guardians of the Poor of the City of, 17 Q. B. 457, n.; 8 J. P. 710,
p. 8.
Oxford University and City of, 27 Law J. 33, m.; 21 J. P. 644, p. 59,

P.
Paine v. Guardians of the Strand Union, 8 Q. B. 326; 15 Law J. 89, m.;
10 J. P. 391, p. 10.

Paynter, 7 Q. B.255; 14 Law J. 179,m.; 10 Q. B. 908; 16 Law J. 136, m.;
13 J. P. 120, 457, p. 116.

Paynter v. The Queen, in error, 10 Q. B. 908; 16 Law J. 136, m.; 13 J.P.
457, p. 108.

Parker, 26 Law J. 199, m.; 21 J. P. 549, p. 117.

Peterborough JJ., 26 Law J. 153, m.; 21 Law J. 20, p. 221.
Phillips et al., 8 Q. B. 745; 17 Law J. 83, m.; 12 J. P. 217, p. 69.
Pocock, 8 Q. B. 729; 15 Law J. 132, m.; 10 J. P. 551, p. 84.

Ponsonby et al., 3 Q. B. 14; 1 Gale & D. 713; 11 Law J. 65,m.; 6 J. P.
266, p. 55.

Poor Law Commissioners, 3 Q. B. 325; 6 J. P. 617, p. 122.

Poor Law Commissioners, 7 Q. B. 445; 20 Law J. 236, m.; 15 J. P. 132,
p. 3.

Pott Shrigley, 12 Q. B. 143; 18 Law J. 33, m.; 12 J. P. 788, p. 249.
Preston, 4 Q. B. 597; 12 L. J. 80, m.; 7 J. P. 545, p. 135.
Priors Hardwick, 12 Q. B. 168; 18 Law J. 177, m.; 13 J. P. 286, p. 168.

Purchas and the Cambridge Philosophical Society v. Overseers of the Holy
Sepulchre, 4 E. & B. 156; 24 Law J. 9,m.; 18 J. P. 724, p. 77.

Purvis et al. v. Traill, 18 Law J. 57, m.; 13 J. P. 219,p. 71.

R.

Readet al., 13 Q B. 524; 18 Law J. 145, m.; 12 J. P. 771, p. 25.

Regents’ Canal Company v. Hendon, 6 E. & B. 852; 20 J. P. 710, p. 101.

Rhyddlan, 14 Q. B. 327; 14 J. P. 368.

Ripon, 7. Q. B. 225; 14 Law J. 102,m.; 9 J. P. 617, p. 238.

Roberts et al. v. Aylesbury, 1 E. & B.423; 22 Law J. 34, m.; 17 J. P. 55,
p. 99.

Robinson, 17 Q. B. 466; 15J. P. 182, p. 5.

Rogers et al., 12 Law J. 50, m.; 7 J. P. 240, p. 198,

Rotheram, 3 Q. B. 776; 12 Law J. 17, m.; 6 J. P. 802, p. 202.

Rothwell, 7 Q. B. 574, n.; 9J. P. 714, p. 239.

Russell Institution v. St. Giles-in-the-Fields and St. George, Bloomsbury,
3 E. & B. 416; 23 Law J. 65, m.; 18 J. P. 129, p. 75.
384 Index of Cases.

M.

Macclesfield, 8 Q. B. 822, n.; 8 J. P. 373, p. 272.

Macclesfield, 13 Q. B. 881; 19 Law J. 88, m.; 18 J. P. 635, p. 256.
Madeley, 15 Q. B. 43; 19 Law J. 187, m.; 14 J. P. 589, p. 199.
Manchester, 16 Q. B. 449 ; 20 Law J. 113, m.; 15 J. P. 193, p. 73.
Manchester, 17 Q. B. 46, n.; 15 J. P. 755, p. 188.

Manchester, 3 E. & B. 336 ; 23 Law J. 48, m.; 18 J. P. 218, p. 58.

Manchester, Mayor, &c. of, v. Manchester, 17 Q. B. 859 ; 21 Law J. 160, m.;
16 J. P. 505, p. 49.

Martin, 13 Law J. 85, m., p. 120.

Mendham, 9 Q. B. 971; 16 Law J. 67, m.; 11 J. P. 184, p. 150.
Middlesex, 4 Q. B. 807 ; 12 Law J. 134, m.; 7 J. P. 494, p. 222.
Middlesex, 14 Law J. 189, m.; 9 J. P. 374, 389, p. 224.
Middlesex, 20 Law J. 42, m.; 14 J. P. 736, p. 226.

Middlesex, JJ., 15 Law J.100, m.; 10 J. P. 309, p. 229.
Middlesex, JJ., 16 Law J. 185, m.; 11 J. P. 503, p. 170.
Middlesex, Clerk of the Peace for, 16 J. P. 536, 758, p. 169.

Midland Railway Company, 15 Q. B. 353; 20 Law J. 140, m., 143, m., ;
15 J. P. 240, p. 93.

Mile End Old Town, 10 Q. B. 208; 16 Law J. 185, m.; 11 J. P. 505, p. 45.
Montgomeryshire, 14 Law J. 142, m.; 9 J..P. 358, 389, p. 224.

Morrison et al.,1 E & B. 150; 22 Law J. 14, m.; 17 J. P. 24, p. 38.
Morten, 5 Q. B. 591, p. 120.

Mortlock et al.,7 Q. B. 459; 9 J. P. 454, p. 113.

Much Hoole v. Preston, 17 Q. B. 548; 16 J. P. 212, p. 188.

Much Hoole, 21 Law J. 1, m.; 16 J. P. 212, p. 188.

N.

Napton, 25 Law J. 296, q.b.; 20 J. P. 581, p- 25.
Nempnett Thrubwell, 17 J. P. 83, p. 179.
Newbold v. Coltman et al., 20 Law J. 149, m.; 15 J. P. 372, p. 128.

Newmarket Railway v. St. Andrew-the-Less, Cambridge, 3 E. & B. 94;
23 Law J. 76, m.; 18 J. P. 348, p. 96.

New Sarum, JJ., 17 J. P. 53, p. 115.
Newton Ferrers, 9 Q. B. 32; 10 J. P. 338, p. 197.
North Shields, 16 J. P. 727, 742, 758; 17 J. P. 24, p. 38.

North and South Shields Ferry Company, 1 E. & B. 140; 22 Law J. 9, m.;
17 J. P. 21, p. 98.

Northowram, 9 Q. B. 24; 15 Law J. 149, m.; 11 J.P. 4, p. 133,

Oo

Oldham Union, Overseers of the Townships in, 10 Q. B. 700; 16 Law J.
110, m.; 11 J. P. 404, p. 10.
Index of Cases. 885

Ormerod v. Chadwick et al., 16 Law J. 143, m.; 11 J. P. 138, p. 109.

Orton, 7 Q. B. 120; 9 J. P. 520, p. 194, 241.

Ossett, 16 Q. B. 975; 20 Law J. 205, m.; 15 J. P. 498, p. 163.

Over, 14 Q, B. 425; 14J. P. 176, p. 240.

Oniond, usotiens of the Poor of the City of, 17 Q. B. 457, n.; 8 J. P. 710,
p. 8

Oxford University and City of, 27 Law J. 33, m.; 21 J. P. 644, p. 59

P.
Paine v. Guardians of the Strand Union, 8 Q. B. 326; 15 Law J. 89, m.;
10 J. P. 391, p. 10.

Paynter, 7 Q. B. 255; 14 Law J. 179, m.; 10 Q. B. 908; 16 Law J. 136, m.;
13 J, P. 120, 457, p. 116.

Paynter v. The Queen, in error, 10 Q. B. 908; 16 Law J. 136, m.; 13 J. P.
457, p. 108.

Parker, 26 Law J. 199, m.; 21 J. P. 549, p. 117.

Peterborough JJ.,26 Law J. 153, m.; 21 Law J. 20, p. 221.
Phillips et al., 8 Q. B. 745; 17 Law J. 83, m.; 12 J. P. 217, p. 69.
Pocock, 8 Q. B. 729; 15 Law J. 182, m.; 10 J. P. 551, p. 84.

Ponsonby et al., 3 Q. B. 14; 1 Gale & D. 718; 11 Law J. 65,m.; 6J. P.
266, p. 55.

Poor Law Commissioners, 3 Q. B. 325; 6 J. P. 617, p. 122.

Poor Law Commissioners, 7 Q. B. 445; 20 Law J. 236, m.; 15 J. P. 132,
p. 3.

Pott Shrigley, 12 Q. B. 148; 18 Law J. 33, m.; 12 J. P. 788, p. 249.

Preston, 4 Q. B. 597; 12 L. J. 80, m.; 7 J. P. 545, p. 185.
Priors Hardwick, 12 Q. B. 168; 18 Law J. 177, m.; 13 J. P. 286, p. 168.

Purchas and the Cambridge Philosophical Society v. Overseers of the Holy
Sepulchre, 4 E. & B. 156; 24 Law J. 9,m.; 18 J. P. 724, p. 77.

Parvis et al. v. Traill, 18 Law J. 57, m.; 13 J. P. 219,p. 71.

R.

Readet al., 18 Q B. 524; 18 Law J. 145, m.; 12 J. P. 771, p. 25.

Regents’ Canal Company v. Hendon, 6 E. & B. 852; 20 J. P. 710, p. 101.

Rhyddlan, 14 Q. B. 327; 14 J. P. 368.

Ripon, 7. Q. B. 225; 14 Law J. 102, m.; 9 J. P. 617, p. 238.

Roberts et al. v. Aylesbury, 1 E. & B.423; 22 Law J. 34, m.; 17 J. P.55,
p. 99.

Robinson, 17 Q. B. 466; 15J. P. 132, p. 5.

Rogers et al., 12 Law J. 50, m.; 7 J. P. 240, p. 198,

Rotheram, 3 Q. B. 776; 12 Law J.17, m.; 6 J. P. 802, p. 202,

Rothwell, 7 Q. B. 574, n.; 9J. P. 714, p. 239.

Russell Institution v. St. Giles-in-the-Fields and St. George, Bloomsbury,
3 E. & B. 416; 23 Law J. 65, m.; 18 J. P. 129, p. 75.
384 Index of Cases.

M.

Macclesfield, 3 Q. B. 822, n.; 8 J. P. 373, p. 272.

Macclesfield, 13 Q. B. 881; 19 Law J. 38, m. ; 13 J. P. 635, p. 256.
Madeley, 15 Q. B. 43; 19 Law J. 187, m.; 14 J. P. 589, p. 199.
Manchester, 16 Q. B. 449 ; 20 Law J. 113, m.; 15 J. P. 193, p. 73.
Manchester, 17 Q. B. 46, n.; 15 J. P. 755, p. 188.

Manchester, 3 E. & B. 836 ; 23 Law J. 48, m.; 18 J. P. 218, p. 58.

Manchester, Mayor, &c. of, v. Manchester, 17 Q. B. 859 ; 21 Law J. 160, m.;
16 J. P. 505, p. 49.

Martin, 13 Law J. 85, m., p. 120.

Mendham, 9 Q. B. 971; 16 Law J. 67, m.; 11 J. P. 184, p. 150.
Middlesex, 4 Q. B. 807; 12 Law J. 134, m.; 7 J. P. 494, p. 222.
Middlesex, 14 Law J. 189, m.; 9 J. P. 374, 389, p. 224,
Middlesex, 20 Law J. 42, m.; 14 J. P. 736, p. 226.

Middlesex, JJ., 15 Law J.100, m.; 10 J. P. 309, p. 229.
Middlesex, JJ., 16 Law J. 185, m.; 11 J. P. 503, p. 170.
Middlesex, Clerk of the Peace for, 16 J. P. 536, 758, p. 169.

Midland Railway Company, 15 Q. B. 353; 20 Law J. 140, m., 143, m.;
15 J. P. 240, p. 93.

Mile End Old Town, 10 Q. B. 208; 16 Law J. 185, m.; 11 J. P. 505, p. 45.
Montgomeryshire, 14 Law J. 142, m.; 9 J..P. 358, 389, p. 224.

Morrison et al., 1 E & B. 150; 22 Law J. 14, m.; 17 J. P. 24, p. 38.
Morten, 5 Q. B. 591, p. 120.

Mortlock et al.,7 Q. B. 459; 9 J. P. 454, p. 113.

Much Hoole v. Preston, 17 Q. B. 548; 16 J. P. 212, p. 188.

Much Hoole, 21 Law J. 1, m.; 16 J. P. 212, p. 188.

N.
Napton, 25 Law J. 296, q.b.; 20 J. P. 581, p- 25.
Nempnett Thrubwell, 17 J. P. 83, p. 179.
Newbold v. Coltman et al., 20 Law J. 149, m.; 15 J. P. 372, p. 123.

Newmarket Railway v. St. Andrew-the-Less, Cambridge, 8 E. & B. 94;
23 Law J. 76, m.; 18 J. P. 343, p. 96.

Now Sarum, JJ., 17 J. P. 58, p. 115.
Newton Ferrers, 9 Q. B. 32; 10 J. P. 388, p. 197.
North Shields, 16 J. P. 727, 742, 758; 17 J. P. 24, p. 38.

North and South Shields Ferry Company, 1 E. & B. 140; 22 Law J.9, m.;
17 J. P. 21, p. 98.

Northowram, 9 Q. B. 24; 15 Law J. 149, m.; 11 J. P. 4, p. 183,

Oo

Oldham Union, Overseers of the Townships in, 10 Q. B. 700; 16 Law J.
110, m.; 11 J. P. 404, p. 10. sie : .
Index of Cases. 885

Ormerod v. Chadwick et al., 16 Law J. 143, m.; 11 J. P. 138, p. 109.

Orton, 7 Q. B. 120; 9 J. P. 520, p. 194, 241.

Ossett, 16 Q. B. 975; 20 Law J. 205, m.; 15 J. P. 498, p. 163.

Over, 14 Q. B. 425; 143. P. 176, p. 240.

ee of the Poor of the City of, 17 Q. B. 457, n.; 8 J. P. 710,
p. 8.

Oxford University and City of, 27 Law J. 33, m.3 21-3. P. 644, p. 59,

P,
Paine v. Guardians of the Strand Union, 8 Q. B. 826; 15 Law J. 89, m.;
10 J. P. 391, p. 10.

Paynter, 7 Q. B. 255; 14 Law J. 179,m.; 10 Q. B. 908; 16 Law J. 136, m.;
13 J. P. 120, 457, p. 116.

Paynter v. The Queen, in error, 10 Q. B. 908; 16 Law J. 136, m.; 13 J. P.
457, p. 108.

Parker, 26 Law J. 199, m.; 21 J. P. 549, p. 117.

Peterborough JJ.,26 Law J. 153, m.; 21 Law J. 20, p. 221.
Phillips et al., 8 Q. B. 745; 17 Law J. 83, m.; 12 J. P. 217, p. 69.
Pocock, 8 Q. B. 729; 15 Law J. 132, m.; 10 J. P. 551, p. 84.

Ponsonby et al., 3 Q. B. 14; 1 Gale & D. 718; 11 Law J. 65, m.; 6J. P.
266, p. 55.

Poor Law Commissioners, 3 Q. B. 325; 6 J. P. 617, p. 122.

Poor Law Commissioners, 7 Q. B. 445; 20 Law J. 236, m.; 15 J. P. 132,
p. 3.

Pott Shrigley, 12 Q. B. 143; 18 Law J. 33, m.; 12 J. P. 788, p. 249.

Preston, 4 Q. B. 597; 12 L. J. 80, m.; 7 J. P. 545, p. 135.

Priors Hardwick, 12 Q. B. 168; 18 Law J. 177, m.; 13 J. P. 286, p. 168.

Purchas and the Cambridge Philosophical Society v. Overseers of the Holy
Sepulchre, 4 E. & B. 156; 24 Law J. 9,m.; 18 J. P. 724, p. 77.

Purvis et al. v. Traill, 18 Law J. 57, m.; 13 J. P. 219,p. 71.

R.

Readet al., 13 Q B. 524;'18 Law J. 145, m.; 12 J. P. 771, p. 25.

Regents’ Canal Company v. Hendon, 6 E. & B. 852; 20 J. P. 710, p. 101.

Rhyddlan, 14 Q. B. 327; 14 J. P. 368.

Ripon, 7. Q. B. 225; 14 Law J. 102, m.; 9 J. P. 617, p. 238.

Roberts et al. v. Aylesbury, 1 E. & B.423; 22 Law J. 34, m.; 17 J. P.55,
p. 99. ;

Robinson, 17 Q. B. 466; 15J. P. 132, p. 5.

Rogers et al,, 12 Law J. 50, m.; 7 J. P. 240, p. 198.

Rotheram, 3 Q. B. 776; 12 Law J. 17, m.; 6 J. P. 802, p. 202,

Rothwell, 7 Q. B. 574, u.; 9J. P. 714, p. 239,

Russell Institution v. St. Giles-in-the-Fields and St. George, Bloomsbury,
3 E. & B.416; 23 Law J. 65, m.; 18 J. P. 129, p. 76.
384 Index of Cases.

M.

Macclesfield, 8 Q. B. 822, u.; 8 J. P. 373, p. 272.

Macclesfield, 13 Q. B. 881; 19 Law J. 88, m. ; 13 J. P. 685, p. 256.
Madeley, 15 Q. B. 48; 19 Law J. 187, m.; 14 J. P. 589, p. 199.
Manchester, 16 Q. B. 449; 20 Law J. 118, m.; 15 J. P. 193, p. 73.
Manchester, 17 Q. B. 46, n.; 15 J. P. 755, p. 188.

Manchester, 3 E. & B. 836; 23 Law J. 48, m.; 18 J. P. 218, p. 58.

Manchester, Mayor, &c. of, v. Manchester, 17 Q. B. 859; 21 Law J. 160, m.;
16 J. P. 505, p. 49.

Martin, 13 Law J. 85, m., p. 120.

Mendham, 9 Q. B. 971; 16 Law J. 67, m.; 11 J. P. 184, p. 150.
Middlesex, 4 Q. B. 807; 12 Law J. 134, m.; 7 J. P. 494, p. 222.
Middlesex, 14 Law J. 139, m.; 9 J. P. 374, 389, p. 224.
Middlesex, 20 Law J. 42, m.; 14J. P. 736, p. 226.

Middlesex, JJ., 15 Law J. 100, m.; 10 J. P. 309, p. 229.
Middlesex, JJ., 16 Law J. 185, m.; 11 J. P. 503, p. 170.
Middlesex, Clerk of the Peace for, 16 J. P. 536, 758, p. 169.

Midland Railway Company, 15 Q. B. 353; 20 Law J. 140, m., 143, m.;
15 J. P. 240, p. 93.

Mile End Old Town, 10 Q. B. 208; 16 Law J. 185, m.; 11 J. P. 505, p. 45.
Montgomeryshire, 14 Law J. 142, m.; 9 J..P. 358, 389, p. 224.

Morrison et al.,1 E & B. 150; 22 Law J. 14, m.; 17 J. P. 24, p. 38.
Morten, 5 Q. B. 591, p. 120.

Mortlock et al.,7 Q. B. 459; 9 J. P. 454, p. 113.

Much Hoole v. Preston, 17 Q. B. 548; 16 J. P. 212, p. 188.

Much Hoole, 21 Law J. 1, m.; 16 J. P. 212, p. 188.

N.
Napton, 25 Law J. 296, q.b.; 20 J. P. 581, p- 25.
Nempnett Thrubwell, 17 J. P. 83, p. 179.
Newbold v. Coltman et al., 20 Law J. 149, m.; 15 J. P. 872, p. 123.

Newmarket Railway v. St. Andrew-the-Less, Cambridge, 3 E. & B. 94;
23 Law J. 76, m.; 18 J. P. 343, p. 96.

Now Sarum, JJ., 17 J. P. 53, p. 115.
Newton Ferrers, 9 Q. B. 32; 10 J. P. 388, p. 197.
North Shields, 16 J. P. 727, 742, 758 ; 17 J.P. 24, p. 38.

North and South Shields Ferry Company, 1 E. & B. 140; 22 Law J. 9, m.;
17 J. P. 21, p. 98.

Northowram, 9 Q. B. 24; 15 Law J. 149, m.; 11 J.P. 4, p. 133.

oO

Oldham Union, Overseers of the Townships in, 10 Q. B. 700; 16 La J.
110, m.; 11 J. P. 404, p. 10. Fre ; @
Index of Causes. 385

Ormerod v. Chadwick et al., 16 Law J. 143, m.; 11 J. P. 138, p. 109.

Orton, 7 Q. B. 120; 9 J. P. 520, p. 194, 241.

Ossett, 16 Q. B. 975; 20 Law J. 205, m.; 15 J. P. 498, p. 163.

Over, 14 Q. B. 425; 144. P. 176, p. 240.

Sea of the Poor of the City of, 17 Q. B. 457, u.; 8 J. P. 710,
p. 8.

Oxford University and City of, 27 Law J. 33, m.; 21 J. P. 644, p. 59,

P.
Paine v. Guardians of the Strand Union, 8 Q. B. 326; 15 Law J. 89, m.;
10 J. P. 391, p. 10.

Paynter, 7 Q. B. 255; 14 Law J. 179, m.; 10 Q. B. 908; 16 Law J. 136, m.;
18 J. P. 120, 457, p. 116.

Paynter v. The Queen, in error, 10 Q. B. 908; 16 Law J. 136, m.; 13 J. P.
457, p. 108.

Parker, 26 Law J. 199, m.; 21 J. P. 549, p. 117.

Peterborough JJ., 26 Law J. 153, m.; 21 Law J. 20, p. 221.
Phillips et al., 8 Q. B. 745; 17 Law J. 83, m.; 12 J. P. 217, p. 69.
Pocock, 8 Q. B. 729; 15 Law J. 182, m.; 10 J. P. 551, p. 84.

Ponsonby et al.,3 Q. B. 14; 1 Gale & D. 718; 11 Law J. 65, m.; 6J. P.
266, p. 55.

Poor Law Commissioners, 3 Q. B. 325; 6 J. P. 617, p. 122,

Poor Law Commissioners, 7 Q. B. 445; 20 Law J. 236, m.; 15 J. P. 132,
p. 3.

Pott Shrigley, 12 Q. B. 143; 18 Law J. 33, m.; 12 J. P. 788, p. 249.

Preston, 4 Q. B. 597; 12 L. J. 80, m.; 7 J. P. 545, p. 135.

Priors Hardwick, 12 Q. B. 168; 18 Law J. 177, m.; 13 J. P. 286, p. 168.

Purchas and the Cambridge Philosophical Society v. Overseers of the Holy
Sepulchre, 4 E. & B. 156; 24 Law J.9,m.; 18 J. P. 724, p. 77.

Purvis et al. v. Traill, 18 Law J. 57, m.; 13 J. P. 219,p. 71.

R.

Readet al., 18 Q B. 524; 18 Law J. 145, m.; 12 J. P. 771, p. 25.

Regents’ Canal Company v. Hendon, 6 E. & B. 852; 20 J. P. 710, p. 101.

Rhyddlan, 14 Q. B. 327; 14 J. P. 368.

Ripon, 7. Q. B. 225; 14 Law J. 102, m.; 9 J. P. 617, p. 238.

Roberts et al. v. Aylesbury, 1 E. & B.423; 22 Law J. 34, m.; 17 J. P.55,
p. 99.

Robinson, 17 Q. B. 466; 15J. P. 182, p. 5.

Rogers et al., 12 Law J. 50, m.; 7 J. P. 240, p. 198,

Rotheram, 3 Q. B. 776; 12 Law J. 17, m.; 6 J. P. 802, p. 202.

Rothwell, 7 Q. B. 574, n.; 9J. P. 714, p. 239.

Russell Institution v. St. Giles-in-the-Fields and St. George, Bloomsbury,
3 E. & B. 416; 23 Law J. 65, m.; 18 J. P. 129, p. 75.
386 Index of Cases.

8.
Saffron Hill, Hatton Garden, and Ely Rents, 1 E. & B. 93; 22 Law J.
22, m. p. 242.
Saffron Walden, 9 Q. B. 76; 15 Law J. 115, m.; 10 J. P. 499, p. 157.
Salop JJ., 4 Q. B. 257; 24 Law J. 14, m.; 19 J. P. 149, p. 219.

St. Andrew, Holborn, 17 Q. B. 753, 764; 21 Law J. 69,m; 16 J. P. 182,
p. 182.

St. Andrew, Holborn-above-Bars, and St. George-the-Martyr, Governors, &c.
of the Poor of, 6 Q. B. 78, p. 21.

St. Ann, Blackfriars, 2 E. & B. 440; 22 Law J.137,m.; 17 J. P. 615,
p. 172.

St. Ann, Westminster, 8 Q. B. 561; 16 LawJ.33,m.; 11J.P. 167, p. 147.
St. Ann, Westminster, 9 Q. B. 878; 16 LawJ.41,m.; 11J.P. 183, p. 263.

St. Ann, Westminster v. Linnean Society, 3 E. & B. 793 ; 23 Law J. 149, m.;
18 J. P. 504, p. 80.

St. Ebbe, 12 Q. B. 187; 18 Law J. 14, m.; 13 J. P. 216, p. 186.
St. Edmunds, Salisbury, 2 Q. B. 72; 5J. P. 483, p. 217.

St. George, Bloomsbury, 16 Q. B. 1005; 20 Law J.200, m.; 15 J. P. 456;
p. 142.

St. George, Bloomsbury, 4 E. & B.) 320; 24 Law J. 49, m.; 19 J. P.
166, p. 140.

St. George, Hanover Square, 18 Q. B. 642; 18 Law J. 160,m.; 13 J.P. 493;
p. 227.

St. George-the-Martyr, Southwark, 10 Q. B. 852; 16 Law J. 129, m.; 11
J. P. 615, p. 66.

St. ne Camberwell, 14 Q. B. 571; 19 Law J. 122, m.; 14 J, P. 448,
p. 53.

St. Giles, Colchester, 12 Q. B. 13; 17 Law J. 148, m.; 12J.P. 645, p. 234.
St. Giles, Cripplegate, 17 Q. B. 636 ; 21 Law J. 26,m.; 16J. P. 244, p. 129.
St. Giles-in-the-Fields, 2 Q. B. 458 ; 12 Law J. 52, m.; 7 J. P. 225, p. 146.
St. Giles-in-the-Fields, 5 Q. B. 872; 13 Law J. 89,m.; 8J. P. 692, p. 246.

St. ee ener 7 Q. B, 529; 15 Law J.122, m.; 10 J. P. 553,
p. 200.

St. ue pohly, 7 E. & B. 205; 26 Law J.55, m.; 21 J. P. 564,
p. 33.

St. James, Westminster, Governors, &c. of the Poor of, 17 Q. B. 474;
16 Law J. 70, p. 6. : nm .

St. pasa Appleby, 6 Q. B. 842; 14 Law J. 56, m.& M.S.; 93. P.69.
p- 3

St. ese he Shoreditch, 13 Q. B. 964; 19 Law J. 71, m.; 13 J. P. 535,
p. 101.

St. Martin-in-the-Fields, 3 Q. B. 204; 6 J. P. 665, p. 33.
St. Martin-in-the-Fields, 21 Law J. 58, m.; 16 J. P. 198, p, 72.

St. Me ne Rees 5 E. & B. 558 ; 25 Law J. 42, m.; 20 J. P. 420,
p. 76.

St. Martin, New Sarum, 9 Q. B. 241; 15 Law J. 123; 10 J.P. 581, p.216.
Index of Cases. 387

St. Mary Abbott’s, Kensington, 9 Q. B. 291; 16 Law J. 29, m.; p. I.

St. Mary-in-Bungay, 12 Q. B, 82; 19 Law J. 39, m.; 13 J. P. 779, p. 283.

St. Mary, Castlegate, 21 Law J. 106, m.; 16 J. P. 87, p. 154.

St. Mary-le-bone, 15 Q. B. 899; 19 Law J. 201, m.; 14 J. P. 559, p. 160.

St. Mary-le-bone, 16 Q. B. 299; 20 Law J. 173, m.; 15 J. P. 258, p. 176.

St. Mary-le-bone, 16 Q. B. 352; 20 Law J. 61, m.; 15 J. P. 208, p. 129.

St. Mary-le-bone v. Zoological Society, 3 E. & B. 807; 18 J. P. 489, p. 78.

St. Mary, Lambeth, 7 Q. B. 587; 14 Law J. 126, m.; 9 J. P. 552, p. 263.

St. Mary Magdalen, Bermondsey, 2 E. & B 809; 23 LawJ.1, m.; 18J.P.
21, p. 145.

St. Mary, Newington, 4 Q. B. 581; 12 Law J. 68, m.; 7 J. P. 821, p. 125.

St. Mary, Southampton, 5 Q. B. 518; 14 Law J. 131, m.; 9 J. P. 601,
p. 212.

St. Mary, Warwick, 1 E. & B. 816; 22 Law J. 109, m.; 17 J. P. 552,
p. 150.

St. Mary, Whitechapel, 12 Q. B. 120; 17 Law J. 172, m.; 12 J. P. 598,
p. 189.

St. Neot’s Union, Guardians of, 8 Q. B. 810; 15 Law J. 89, m.; 10 J. P.
261, 279, p. 11.

St. Olave, Southwark, 5 Q. B; 912; 8 J. P. 759, pp. 162, 288.

St. Pancras, 5 Q. B. 13; 12 Law J. 180, m., p. 132.

8t. Pancras, 12 Q. B. 31; 19 Law J. 28, m.; 14 J. P. 175, P 235.

St. Pancras, 12 Q. B. 129; 12 J. P. 599, p. 190.

St. Paul’s, Covent Garden, 7 Q. B. 232; 14 Law J. 109, m.; 9 J. P. 441,
p. 206.

St. Paul’s, Covent Garden, 7 Q. B. 583; 16 Law. J. 11 m.; 113. P. 70,
p. 201,

Scadding v. Lorant et al, 13 Q. B. 687, 706; 13 J. P. 665, p. 106.

Scammonden, 8 Q. B. 349; 15 Law J. 30, m.; 10 J. P. 199, p. 132.

Seend, 12 Q. B. 183; 18 Law J. 12 m.; 13 J. P. 282, p. 173.

Seven Oaks, 7 Q. B. 186; 9 J. P. 485, p. 220.

Sharpley v. Mablethorpe, 3 E. & B. 906; 24 Law J. 35, m.; 18 J. P;-813,
p. 105.

Bhasitgion-oum- Greely, 17 Q. B. 48; 20 Law J. 194, m.; 15 J. P. 499,
p. 184.

Shaw, 12 Q. B. 419; 17 Law J. 137, m.; 12 J. P. 448, p. 29.

Shee et al, 4 Q. B. 2; 12 Law J. 53, m.; 7 J. P. 209, p. 60.

Shipton-upon-Stour, 1s Law J. 128, m. 6 J.P. 535, p. 585,

Shrewsbury, Recorder of, 1 E. & B. m1; 22 Law J. 28, m.; 17 J. P. 121,
503, p. 209.

Shropshire JJ. 2 Q. B. 85; 5J. P. 484, p. 217.
Skingley v. Surridge et al, 12 Law J. 122, m.; 7 J. P. 515, p. 115.
Slawstone, 18 Q. B. 388; 21 Law J. 145, m.; 16 J. P. 279, p. 227.

Smart v. Guardians of the West Ham Union, 24 Law J, 201; 19 J. P. 454,
p. 14.
cc2
386 Index af Cases.

8.
Saffron Hill, Hatton Garden, and Ely Rents, 1 E. & B. 93; 22 Law J.
22, m. p. 242.
Saffron Walden, 9 Q. B. 76; 15 Law J. 115, m.; 10 J. P. 499, p. 157.
Salop JJ., 4 Q. B. 257; 24 Law J. 14, m.; 19 J. P. 149, p. 219.
St. Andrew, Holborn, 17 Q. B. 753, 764; 21 Law J. 69,m; 16 J.P. 182,
p. 182.

St. Andrew, Holborn-above-Bars, and St. George-the-Martyr, Governors, &e.
of the Poor of, 6 Q. B. 78, p. 21.

St. Ann, Blackfriars, 2 E. & B. 440; 22 Law J. 187,m.; 17 J. P. 615,
p. 172.

St. Ann, Westminster, 8 Q. B. 561; 16 LawJ.33, m.; 11J. P. 167, p.147.

St. Ann, Westminster, 9 Q. B. 878; 16 LawJ.41,m.; 11J. P. 183, p. 263.

St. Ann, Westminster v. Linnean Society, 3 E. & B. 793 ; 23 Law J. 149, m.;
18 J. P. 504, p. 80.

St. Ebbe, 12 Q. B. 187; 18 Law J. 14, m.; 13 J. P. 216, p. 186.

St. Edmunds, Salisbury, 2 Q. B. 72; 5 J. P. 483, p. 217.

St. George, Bloomsbury, 16 Q. B. 1005; 20 Law J.200, m.; 15 J. P. 456 ;
p. 142,

St. George, Bloomsbury, 4 E. & B.” 320; 24 Law J. 49, m.; 19 J.P.
166, p. 140.

St. George, Hanover Square, 13 Q. B. 642; 18 Law J.160,m.; 18 J.P.493;
p. 227.

St. George-the-Martyr, Southwark, 10 Q. B. 852; 16 Law J. 129, m.; 11
J. P. 615, p. 66.

St. Giles, Camberwell, 14 Q. B. 571; 19 Law J. 122, m.; 14 J. P. 448,
p. 53.

St. Giles, Colchester, 12 Q. B. 18; 17 Law J. 148, m.; 12J.P. 645, p. 234.
St. Giles, Cripplegate, 17 Q. B. 636 ; 21 Law J. 26,m.; 16J. P. 244, p. 129.
St. Giles-in-the-Fields, 2 Q. B. 458 ; 12 Law J. 52, m.; 7 J. P. 225, p. 146.
St. Giles-in-the-Fields, 5 Q. B. 872; 13 Law J. 89,m.; 8J. P. 692, p. 246.

St. Giles-in-the-Fields, 7 Q. B. 529; 15 Law J. 122, m.; 10 J. P. 553,
p- 200.

St. Giles-in-the- Fields, 7 E. & B. 205; 26 Law J.55, m.; 21 J. P. 564,
p. 33.

St. James, Westminster, Governors, &c. of the Poor of,17 Q. B. 474;
16 Law J. 70, p. 6.

St. ekki Appleby, 6 Q. B. 842; 14 Law J. 56, m.& M.S.; 9J.P.69.
p- 151.

St. Leonard's, Shoreditch, 18 Q. B. 964; 19 Law J. 71,m.; 13 J. P. 585,
p. 101.

St. Martin-in-the-Fields, 8 Q. B. 204; 6 J. P. 605, p. 33,
St. Martin-in-the-Fields, 21 Law J. 58, m.; 16 J. P. 198, p, 72.

St. ere 5 E. & B. 558 ; 25 Law J. 42,m.; 20 J. P. 420,
p. 76.

St. Martin, New Sarum, 9 Q. B. 241; 15 Law J. 128; 10 J.P. 581, p. 216,
Index of Cases. 887

St. Mary Abbott’s, Kensington, 9 Q. B. 291; 16 Law J. 29, m.; p. I.

St. Mary-in-Bungay, 12 Q. B. 82; 19 Law J. 39, m.; 18J. P.779, p. 283.

St. Mary, Castlegate, 21 Law J. 106, m.; 16 J. P. 87, p. 154.

St. Mary-le-bone, 15 Q. B. 899; 19 Law J. 201, m.; 14 J. P. 559, p. 160.

St. Mary-le-bone, 16 Q. B. 299; 20 Law J. 178, m.; 15 J. P. 258, p. 176.

St. Mary-le-bone, 16 Q. B. 352; 20 Law J. 61, m.; 15 J. P. 208, p. 129.

St. Mary-le-bone v. Zoological Society, 3 E. & B. 807; 18 J. P. 489, p. 78.

St. Mary, Lambeth, 7 Q. B. 587; 14 Law J. 126, m.; 9 J. P. 552, p. 263.

St. Mary Magdalen, Bermondsey, 2 E. & B 809; 23 LawJ.1,m.; 18J.P.
21, p. 145.

St. Mary, Newington, 4 Q. B. 581; 12 Law J. 68, m.; 7 J. P. 321, p. 125.

St. Mary, Southampton, 5 Q. B. 518; 14 Law J. 131, m.; 9 J. P. 60),
p. 212,

St. Mary, Warwick, 1 E. & B. 816; 22 Law J. 109, m.; 17 J. P. 552,
p. 150.

St. Mary, Whitechapel, 12 Q. B. 120; 17 Law J. 172, m.; 12 J. P. 598,
p. 189.

St. Neot’s Union, Guardians of, 8 Q. B. 810; 15 Law J. 89, m.; 10 J. P.
261, 279, p. 11.

St. Olave, Southwark, 5 Q. B; 912; 8 J. P. 759, pp. 162, 238.

St. Pancras, 5 Q. B. 13; 12 Law J. 130, m., p. 132.

St. Pancras, 12 Q. B. 31; 19 Law J. 28, m.; 14 J. P. 175, p. 235.

St. Pancras, 12 Q. B. 129; 12 J. P. 599, p. 190.

St. Paul’s, Covent Garden, 7 Q. B. 232; 14 Law J.109,m.; 9 J. P. 441,
p. 206.

St. Paul’s, Covent Garden, 7 Q. B. 533; 16 Law. J. 11 m.; 11 J.P. 70,
p. 201.

Scadding v. Lorant et al, 13 Q. B. 687, 706; 13 J. P. 665, p. 106.

Scammonden, 8 Q. B. 349; 15 Law J. 30, m.; 10 J. P. 199, p. 132.

Seend, 12 Q. B. 183; 18 Law J. 12 m.; 13 J. P. 282, p. 173.

Seven Oaks, 7 Q. B. 186; 9 J. P. 485, p. 220.

Sharpley v. Mablethorpe, 3 E. & B. 906; 24 Law J. 35, m.; 18 J. P. 818,
p. 105.

Shavington-cum-Gresty, 17 Q. B. 48; 20 Law J. 194, m.; 15 J. P. 499,
p. 184.

Shaw, 12 Q. B. 419; 17 Law J. 137, m.; 12 J. P. 448, p. 29.

Shee et al, 4 Q. B. 2; 12 Law J. 53, m.; 7 J. P. 209, p. 60.

Shipton-upon-Stour, 18 Law J. 128, m.; 8 J.P. 535, p. 585.

Shrewsbury, Recorder of, 1 E. & B. 711; 22 Law J. 28, m.; 17 J. P. 121,
503, p. 209.

Shropshire JJ. 2 Q. B. 85; 5 J. P. 484, p, 217.
Skingley v. Surridge et al, 12 Law J. 122,m.; 7 J. P. 515, p. 115.
Slawstone, 18 Q. B. 888; 21 Law J. 145, m.; 16 J. P. 279, p. 227.

Smart v. Guardians of the West Ham Union, 24 Law J. 201; 19 J. P. 454,
p. 14.
cc 2
388 Index of Cases.

Smith, 7 E. & B. 485; 26 LawJ. 105, m.; 21 J. P. 276, p. 58.

South Eastern Railway Company, 15 Q. B. 344; 20 LawJ. 138, m.,143, m.;
15 J. P. 240, p. 92.

South Eastern Railway Company v. Dorking, 3 E. & B. 491; 23 Law J.
84, m.; 18 J. P. 182, p. 95.

South Kilvington, 5Q. B. 216; 13 Law J. 8,m.; 8 J. P. 38, p. 161.

Southampton Dock Company, 14 Q. B. 587 ; 20 Law J. 155, m.; 15 J. P.
145, p. 44,

Southwell et al, 20 Law J. 165, m.; 15 J. P. 452, p. 117.

Sow, 4 Q. B. 93 ; 12 Law J. 38, m.; 7J. P. 272, p. 253.

Stacey, 14 Q. B. 789; 14 J. P. 415, p. 85.

Staffordshire JJ., 16 Law J. 53, m.; 11 J. P. 459, p. 244.
Stapleton, 1 E. & B. 766; 22 Law J. 102, m.; 17 J. P. 472, p. 178.
Stainforth, 11 Q. B. 66; 17 Law J. 25, m.; 12 J. P. 105, p. 141.

Staverton v. Ashburton, 4 E. & B. 526; 24 Law J. 58, m.; 19 J. P. 229,
p. 143.

Stockton, 7 Q. B. 520; 14 Law J. 128, m.; 9 J. P. 570, p. 210.
Stockton-upon-Tees, 7 Q. B. 520; 14 Law J. 128, m.; 9 J. P. 570, p. 196.
Stoke Bliss, 6 Q. B. 158; 13 Law J. 151,m.; 8 J. P. 675, p. 269.
Stoke-upon-Trent, 5 Q. B, 303; 13 Law J. 41, m.; 8 J. P. 197, p. 136.
Street et al., 18 Q. B. 682; 22 Law J. 29,m.; 16 J. P. 359, p. 24.
Stonehouse, 10 Q. B. 280; 16 Law J. 49, m.; 11 J. P. 227, p. 147.
Stowmarket, 17 J. P. 84, p. 171.

Suffolk, JJ. 2Q. B. 85; 5 J. P. 484, p. 217.

Suffolk, JJ., 16 Law J. 36, m.; 11 J. P. 58, p. 229.

Suffolk, JJ., 18 Q. B. 416; 21 Law J. 169, m.; 16 J. P. 296, p. 267.
Surrey, JJ., 5 Q. B. 506; 13 Law J. 86, m.; 8 J. P. 440, p. 232,

Surrey, JJ., 15 Law J. 46, m.; 10 J. P. 71, 119, p. 231.

Surrey, JJ., 18 Law J. 175, m.; 13 J. P. 331, p. 225.

Sutton-le-Brails, 5 E. & B. 814; 25 Law J. 57,m.; 20 J. P. 502, p. 125.

T.

Tacolnestone, 1 Q. B. 157 ; 18 Law J. 44, m.; 13 J. P. 268, p. 177.
Taunton Market, Trustees of, 14 Law J. 58, m.; 9 J. P. 245, p. 1038.
Teather v. Poor Law Commissioners, 16 Law J. 70, m.; -15 J. P. 36, p. 8.
Temple, 2 E. & B. 160; 22 Law J. 129, m.; 17 J. P. 488, p. 67.

Tenant v, Bell, 9 Q. B. 684; 16 Law J. 31, m.; 10 J. P. 756, p. 118.
Tenant v. Cranston, 8 Q. B. 707; 10 J. P. 678, p. 118.

Tenant v. Creston, 15 Law J. 105, m.; 10 J. P. 678, p. 118.

Tipton, 3 Q. B. 215; 11 Law J. 89, m.; 6 J. P. 568, p. 127.

Totnes, 11 Q. B. 80; 18 Law J. 46, m.; 13 J. P. 288, p. 145.

Totnes Union, 7 Q. B. 690; 14 Law J. 148, m.; 9 J. P. 584, p. 123.
Trafford et al, 15 Q. B. 200; 14 J. P. 528, p. 110.

Tyrwhitt, 15 Q. B. 249 ; 19 Law J. 249, m.; 14 J. P. 319, 335, 482, p. 27,
Tyrwhitt et al, 2 E. & B. 77; 17 J. P. 678, p. 26.
Index of Cases. 389

V.

Vange, 3 Q. B. 242; 11 Law J. 117, m.; 6 J. P. 668, p. 28.
Vickery, 12 Q. B. 478; 17 Law J. 129, m.; 12 J. P. 487, pp. 193, 240.

w.

Walbottle, 9 Q. B. 248; 15 Law J. 153, m.; 10 J. P. 500, p. 133.
Watford, 16 Law J. 1,m.; 11 J. P. 89, p. 199.

Wellingborough, 8 Q. B. 123; 15 Law J. 20,m.; 10 J. P. 40, p. 260.
Wendron v. Stithians, 4 E. & B. 147; 24 Law J. 1,m.; 19 J. P. 39, p. 159.
Westbrook, 10 Q. B. 178; 16 Law J. 187, m.; 11 J. P. 277, p. 39.
Westbury, 5 Q. B. 500; 8 J. P. 532, p. 211.

Westbury-upon-Severn Union, 4 E. & B. 314; 18 J. P. 758, p. 9.
Wetherell et al., 19 Law J. 115, m.; 14 J. P. 224, p. 116.

West Houghton, 5 Q. B. 300; 13 Law J. 41, m.; 7 J. P. 738, p. 228.
Westmoreland JJ., 12 Law J. 113, m.; 7 J. P. 658, p. 222.

Whipp, 12 Law J. 64,m.; 7 J. P. 656; p. 109.

Wickenby, 16 J. P. 294, p. 226.

Widdicombe-in-the-Moor, 9 Q. B. 894; 16 Law J. 44, m.; 11 J. P. 218,
p. 234.

Wigan, 14 Q. B, 287; 19 Law J. 18, m.; 14 J. P. 87, p. 244.
Willatts et al., 7 Q. B. 516; 14 Law J. 157, m.; 9J. P. 361, p. 201.
Williams, 2 E. & B. 84; 22 Law J. 125, m.; 17 J. P. 519, p. 208.
Woodhouse et al., 15 Q. B. 1037; 14 J. P. 701, p. 271.

Wooldale, 6 Q. B. 549; 14 Law J. 138, m.; 9 J. P. 85, p. 138.
Worcester, Mayor, &c. of, v. St. Clements, 22 J. P. 319, p. 100.
Wortenbury, 7 Q. B. 555; 14 Law J. 144, m.; 9 J. P. 697, p. 205.
Worth, 4 Q. B. 132; 12 Law J. 47,m.; 7 J. P. 287, p. 248.
Wycombe Union v. Eton Union, 26 Law J. 97, m.; 21 J. P. 70, p. 13.

Y.

Yelvertoft, 6 Q. B. 801; 14 Law J. 78, m.; 9 J. P. 199, p. 131.
Yorkshire, W. R.,JJ., 5 Q. B.1; 12 Law J. 141, m.; 8 J. P. 244, p. 270,
Yorkshire, W. R., JJ., 13 Law J. 39, m., p. 227.

Yorkshire, W. R., JJ., 14 Law J. 119, m.; 9 J. P. 822, p. 231.

Z.
Zoologica] Society, 23 Law J. 139, m.; 18 J. P. 489, p. 78.
INDEX OF SUBJECTS.

A.

Abandonment of order of removal, 206. Abandonment of appeal against an
order of removal, 240; costs, 240.

Absence, when a break in a five years’ residence, when not, 177-180. See
“ Removal.”

Adjournment of appeal against an order of removal, 223.

Adjudication upon an appeal, how, 195, 196.

Allowance of parish indenture of apprenticeship, 139, 142-145,

Allowance of rate, 109.

Appeal against an order of removal, 217. To what sessions, where the
order was made by borough justices, 217, 219; or by county justices
acting in and for a borough, 218. Where a mistake is made as to
the sessions, in what cases a new notice necessary, 219. The appeal
must be to the next practicable sessions, 220, 221; but if twenty-one
days have not elapsed between the service of the order and the next
sessions, the appellants need not appeal to those sessions, 221. The
appeal must be to the quarter sessions, and not to a general sessions,
222, Appeal, by whom, 222. Adjournment of appeal, 223.

Appeal against order of removal, notice of, 223; when to be given, 224 ;
what notice of a respited appeal, 224, 225; notice served too late,
in what cases waived, 226. Notice, by whom given, 225; when it
may be signed by attorney, 226; how notice signed under Gilbert’s
Act, 227 ; how, under a local Act, 227; when sent by post, 227. It
need not name the justices by whom the order was made, 228; mis-
description of order of removal in the notice, when not material, 229.

Appeal against orders of removal, grounds of, 229; when to be served, when
the sessions are held in different divisions of a county, 229. The time
forsending them, not affected by 11 & 12 Vict. c.31,s.9, p.230. Grounds
of appeal, by whom sent, 231; how signed, 232, 215. Grounds,
how to traverse the respondent’s case, 233, 234, 235; how to traverse
apprenticeship, 237. Settlement by birth, how stated in grounds of
appeal, 235; by hiring and service, how, 236; by estate, how, 237;
by payment of rates, how, 238; of derivative settlement, how, 239.
In what cases relief may be explained, by showing that it was given
by mistake, 239. Question as to the validity of them may be sub-
mitted by the sessions for the opinion of the Queen’s Bench, 237.
392 Index of Subjects.

Appeal against an order of removal, evidence in, 240. Duty of witness
served with a Crown office subpeena, 240. Justice’s summons to
witness, its effect, 241. If witness attending on a Crown office
subpeena duces tecum, refuse to produce the document required,
Secondary evidence cannot be given of its contents, 242. What
search for a document sufficient to let in secondary evidence, 242.
Memorandum of a deceased master of the hiring of a servant, when
sufficient to disprove a settlement, when not, 243. Proof of relief in
a union, 244; proof of identity, when necessary, 244.

Evidence by certificate, 245; secondary evidence of the certificate,
245.

Relief, its effect as an admission of settlement, 246; evidence of it,
what sufficient, 247, 248, 249. It may be rebutted by showing that
it was given by mistake, 250.

Order unappealed against, its effect as evidence of settlement, 251.
Order removing children unemancipated, if unappealed against, is
evidence of the mother’s settlement, 251; former order for the
removal of the pauper’s brother, with the examinations sent with it,
admissible evidence of the pauper’s settlement, 253; order for the
removal of a father, conclusive evidence of the settlement of his son,
254. Proof of order unappealed against, 252.

Order appealed against and confirmed, 254. Former order confirmed,
upon hearing al] the evidence then adduced, is conclusive as between
the contesting parishes, and as between them and all others, 254.
Order confirmed, because grounds of appeal not served in time, not
conclusive, 256,

Order appealed against and quashed, 256. If quashed on the merits,
it is conclusive, 256 ; if quashed with reference to the settlement proved
it is conclusive, 263, 264; if quashed for informality in the copy served,
not conclusive, 267, 213. Evidence receivable to show it was not
quashed on the merits, 234, 258, 259, 260. 1f the sessions quash an
order ‘ not on the merits,” the Court of Queen’s Bench will not decide
as to the propriety of their doing so, 262; nor will they grant a
mandamus requiring them to erase the words “not on the merits,”
262 ; and the special entry on quashing an order cannot be questioned
in a subsequent appeal, 263. After the sessions have quashed an
order for a defect in form, the Court of Queen’s Bench will not compel
them to rehear it, 260 ; nor will they compel them to make a special
entry of their reasons for quashing it, 261.

Appeal against an order of removal,—proof of settlement, 265. Where two
settlements are stated, either may be proved, 265; if two be stated,
and the respondents fail in the proof of one, they may fall back on
the other, 265,266. If the appellants set up a settlement by appren-
ticeship, and prove a service and inhabitancy under it, they must also

prove the indenture, although it be admitted by the respondents?
examinations, 266.
Index of Subjects. 393

Appeal against an order of removal,—judgment, 267. Justice rated to
either parish, not to take part in the appeal, 267. Justices at sessions
cannot make a general rule, to allow only 40s. costs in an appeal,
268. Costs, where an order is suspended, 269. Respondents’ costs,
where notice of appeal is countermanded, but not in time, 269. In
default of the appellants entering the appeal, the respondents have
no authority to do so, for the purpose of their getting their costs, 270.
Costs of maintenance, where the order has been suspended, 271.

A certiorari will not lie, to bring up the proceedings in an appeal
against an order of removal, after appeal determined and no case
granted, 272.

The sessions cannot order continuances to be entered to hear an appeal,
without the leave of the Court of Queen’s Bench, 272.

Appeal against an order of removal, abandonment of it, 240; costs, 240.

Appeal against a suspended order of removal, within what time, 207;
costs, 207.

Appeal, a settlement may be proved upon, by other evidence than was
adduced before the magistrates, 131.

Appeal against a poor rate to the petty sessions, within what time, 110.

Appeal against a poor rate to the quarter sessions, 110. Who to be parties,
110, 111; adjournment, where sufficient notice not given, 112. If
sufficient notice given, sessions not bound to respite it, 113. Costs
of appeal, remedy for, 113, 114,

Attorney.

Payment of an attorney’s bill by overseers, in what cases to be allowed
by auditor, 25.

The auditor’s disallowance of an attorney’s bill not previously taxed, is

final, 25.

An attorney may be auditor of a district, and as such may audit the
payments made to him for his bills of costs, 22.

Audit of Accounts, 20.

City of Bristol, though under a local Act, and containing many
parishes, included in an audit district, 20.

A parish in an audit district, bound to account to the auditor, although
by a local Act they were bound to account, and had accounted, to
auditors appointed under such local Act, 21.

An attorney may be auditor of a district, and as such may audit the
payments made to him for his bills of costs, 22.

The auditor’s disallowance of an attorney’s bill, not previously taxed,
is final, 25.

Payment of an attorney’s bill by overseers, to be allowed by auditor, in
what cases, 25.

District auditor may disallow items in the accounts of a parish in his
district, though the items be warranted by a local Act, 26.

Proceedings by an auditor against overseers, must be within nine
months, 27.
304 Index of Subjects.

B.

Bankrupt, when not liable for arrears of poor rate, 116.

Baptist Missionary Society, rateable, 68.

Bastard, settlement of, if the mother marry, 125; if the mother die, 125 ;
settlement, after the child is sixteen years of age, 126,

Bethlehem and Bridewell Hospitals, not rateable, 66.

Birkenhead Dock, rateable, 43.

Birmingham New Library, not rateable, 81.

Birmingham News Room, rateable, 69.

Birth, settlement by. See “ Settlement.”

Boundaries of parish, how proved, in order to ascertain the parish of settle-
ment, 199.

Break in a five years’ residence, what, 172-186. See “‘ Removal.”

Brewery, with the trade of certain public houses attached, how rateable, 36.

Brick fields, occupiers of, how rateable, 39.

Bridges, when and how rateable, 51.

British and Foreign School Society, rateable, 84.

Buildings for public purposes, when rateable, when not, 55, &c.

Cc.

Cambridge Philosophical Society, rateable, 77.

Cattle Market, tolls of, when rateable, 100.

Cemetery, how rateable, 53.

Certificate, evidence by it in appeal against an order of removal, 245.

Certiorari to remove an order, in what case it may be moved for before the
time for appealing has expired, 202.

Chargeability, notice of, 209. If no notice, appeal to be dismissed, 209.
It must name the pauper, 210; except achild under the age of
nurture, removed with its mother, 210. It must be signed by a
majority of the overseers, 211, 212; or, where the parish is under
guardians, by three of the guardians, 211; but where there are
several parishes in « district under guardians, the notice must be
signed by the overseers of the removing parish, 212.

Charitable Institutions, when rateable, when not, 66.

Chemical works, when rateable, 52.

Complaint for an order of removal, 199; by whom, 199; it must show that
the pauper is chargeable to the parish, 200, and that he is inhabiting
there, 201 ; but it need not state the intent of the pauper to settle
there, 201.

Continuances, sessions cannot order an entry of, without leave of Queen’s
Bench, 272.
Index of Subjects. 395

Costs upon abandonment of an appeal against an order of removal, 240.

Costs in an appeal against an order of removal, 268-270; costs of main-
tenance, 271.

~Costs, order for, indorsed on a suspended order of removal, when recover-
able, 208 ; and how, 208.
County court, not rateable, 58.
Crown office subpeena, its effect, 192, 198, 240.
site
D.

Declaration at the foot of a rate, 108.

E.

Electric Telegraph Company, rateable, 35.

Estate, settlement by, 154-159. See *‘Settlement.”

Evidence in an appeal against on order of removal, 240-261. See “Appeal.”
Evidence of chargeability, 194.

Examination of pauper before removal, 192.

Exceptive hiring, 133, 184, 185; usage as to holidays, 137.

F.
Fair, tolls of, not rateable, 99.
Ferry, tolls of, not rateable, 98.
Floating dock, whether rateable, 38.
Floating pier, how rateable, 37.

G.

Gaol, and officers of, when not rateable, 64, 65.
Grand Junction Canal Company, how rateable, 85.
Great Western Railway Company, how rateable, 89, 93.

Greenwich Society for the acquisition and diffusion of Useful Knowledge,
rateable, 71.

Grounds of appeal against an order of removal, 229-239. See “ Appeal.”

Guardians of the Poor, 9; their election, how, 9; appointment of returning
officer, 10; their contracts, when to be under seal, when not, 10, 11,
12; their remedy for sums given as relief to non-resident paupers
of another union, 13. Order of the Poor Law Board on guardians
of a union under a local Act, to appoint a master of a workhouse, 8.
Election of clerk to the guardians, 15. <A collector of poor rate
cannot recover the amount of his poundage from the guardians by
whom he was appointed, 14.
396 Index of Subjects.

H.

Hammersmith Bridge, how rateable, 51.
Hampton Court Palace, rateable, 55.
Harrowgate Waters, rateable, 63.

Health, Board of, in what cases rateable, 62.

Hull Docks (the Old Dock, Humber Dock, and Junction Dock,) how rate-
able, 41. .

Hull Docks (with the Drypool Dock,) how rateable, 42.
I,

Identity, proof of, when necessary, 244.

Indenture of apprenticeship. See ‘‘ Settlement.”

Inspection of poor rate, when to be given, 118; refusing it, 118.

Irish paupers, settlement of their children born in this country, 128, 129;
when they may be removed, 128, 129.

J.

Justices, summons of, to a witness, its effect, 294, 241.

. K,

Kingston-upon-Hull. See “ Hull.”

L.

Linnean Society, not rateable, 80.

Literary institutions, when rateable, when not, 69.

Local Act, unions or parishes under, how affected by the General Law
relating to the poor :—Poor Law Board may make an order on a
vestry under a local Act, 3; or may make an order upon guardians
under a local Act to appoint a master of a workhouse, 8. A parish
under a local Act may be compelled to account to the district
auditor, although they were bound to account, and did account, to
their own auditor, 21.

Bristol, though containing many parishes, included in an audit
district, although under a local Act, 20. Rate by vestry, under a
local Act, 106. Workhouse, under a local Act, repair of, 122.
London, Brighton, and South Coast Railway Company, how rateable, 91.
London library, rateable, 72.

M.
Maiden settlement, removal to place of, 180, 181.
Manchester Institution, rateable, 72.
Manchester Portico, rateable, 71.
Index of Subjects. 397

Mandamus, in what cases it will not lie, to elect a clerk to guardians, 15, 16

Mandamus, in what cases the Court will not grant, 261,262 ; not granted to
command justices to make an order of removal, 196.

Market, tolls of, not rateable, 99.

Market for cattle, tolls of, when rateable, 100.

Marriage, settlement by, 129.

Midland Railway Company, how rateable, 93.

Museum of practical geology, not rateable, 56.

N.

Newmarket Railway Company, how rateable, 96.

Normal school for training masters of schools for pauper and criminal
children, rateable, 67.

Notice of appeal against an order of removal, 223-229. See “‘ Appeal.”
Notice of chargeability, 209-212. See “ Chargeability.”

O.
Officer of gaol when rateable, when not, 64, 65.
Order of removal, 195. See ‘‘ Removal.” Form of it, what sufficient,
202, 204; jurisdiction of justices, how stated in, 201; adjudication
of settlement in it, 205; how signed, 205; how sealed, 206.
Order of removal appealed against and confirmed, its effect as evidence in
an appeal 254, 256. See “Appeal.”

Order of removal appealed against and quashed, its effect as evidence in an
appeal 256-261. See “Appeal.”

Order of removal quashed for defect in the copy of it sent with the notice of
chargeability, does not prevent the respondents from removing
again under a fresh order, 218, 257. Evidence admissible to show
that it was not quashed on the merits, 234, 260.

Order of removal unappealed against, its effect as evidence in an appeal,
251-254. See ‘‘ Appeal.”
Overseers, not bound to allow inspection of their appointment, 16 ; liable to
be rated, and may be distrained upon, 115. Evidence in ejectment
by, 16; limitation of action in ejectment by, for a parish house, 17,
18. Sureties for an assistant overseer, their liabilities, 18, 19.

Overseers, order of guardians upon, for contribution, 123.
Oxford University, in what respects rateable, in what not, 59.

P.
Palace, not occupied by the royal family, but by subjects only, rateable, 55,
Parentage, settlement by, 182; emancipation, when and how, 132,
Parish boundaries, how proved, in order to ascertain the parish of settle-
ment, 199.
398 Index of Subjects.

Parish, division of into townships, each maintaining its own poor, effect of
it upon previous settlements, 214, 215.

Parish indenture of apprenticeship. See ‘‘ Settlement by Apprenticeship.”

Parish, settlement in, lost, if the parish be afterwards divided into different
townships, 127, 137.

Parishes, union of, its effect upon previous settlements, 216.

Poor Law Board,1. What orders they may make, 2; their order on a vestry
under a local Act, 3; they may determine the continuance in office
of a paid officer, 6, 8; they may order the guardians of a union under
a local Act, to appoint a master of a workhouse, 8. The Court of
Queen’s Bench may quash part of their order, 5.

Poor Rate, 2.

It is not necessary for overseers to have the previous sanction of the
vestry to their defending an appeal against a rate, 24.

Poor Rate. (Occupier.)

A person bound by statute to pay the expense of works for fencing
land, so as to prevent it from being inundated, and which was the
only rent he paid, is not entitled to have those expenses deducted
in rating him for the poor rate, 28.

Poor Rate. (Rector, Vicar.) An annual sum, without deduction for out-
goings, given to # rector in lieu of tithe, not rateable, 29. Tithe
commutation rent charge, how rated, 30, 32.

Poor Rate. (Landlord.) Rentor of a private box in a theatre, liable to be
rated, 33. Effect of occupier claiming to be rated for a tenement,
under the Reform Act, 33. -

Poor Rate. (Land.) Electric Telegraph Company, rateable,35. A brewery,
with the trade of certain public houses attached, how rateable, 36.
Floating pier, how rateable, 37; floating docks, how rateable, 38.
Occupiers of brickfields, how rateable, 39.

Poor Rate. (Docks.) Hull Docks (the Old Dock, Humber Dock, and
Junction Dock), how rateable, 41. Hull Docks (with the Drypool
Dock), how rateable, 42. Birkenhead Dock, rateable, 43. South-
ampton Dock, rateable, 44.

Poor Rate. (Water-works). Water-works extending into several parishes,
how rateable, 45, 48 ; water-works, subject to a mortgage, and when
the mortgage should be paid off, the water rents should be reduced so
as to pay the expenses only,—rateable, 46. Corporation, trustees of
water-works, the expenses defrayed by a rate, which was to be re-
duced so as to meet the expenses only,—rateable, 47. Corporation,
owners of water-works, were paid for water for domestic purposes by
a general rate, and for water for other purposes by water Tents,
but the whole profits were expended in rent, &e., held rateable ;
where Commissioners of water-worksa erected a reservoir across a
stream, for the purpose of supplying certain mills with water and of
cleansing the stream, for which they were paid certain rates by the
mill-owners, held that they were rateable for these payments,
Index of Subjects. ‘809

Poor Rate. (Valuable Erections.) Bridge belonging to a company, when
and how rateable, when situate in two parishes, 51. Chemical works,
when rateable, 52. Cemetery, how rateable, 53.

Poor Rate. (Buildinys for public purposes,) 55. Royal palace, not occu-
pied by the royal family, but by subjects only, rateable, 55. Museum
of practical geology, not rateable, 56. County Court, not rateable, 58.
Post-office, not rateable, 58. University of Oxford, in what respect
rateable, in what not, 59. Royal Academy, not rateable, 60. Board
of Health in what cases rateable, 62. Mineral waters at Harrowgate,
rateable, 63. Officers of gaol, when not rateable, 64.

Poor Rate. (Charitable Institutions.) Hospitals, 66. Schools for the
poor, 67,69. Missionary societies, 68.

Poor Rate. (Scientific and Literary Institutions.) News Rooms, 69, 70,
75,77. Societies which let out part of their premises for other
purposes, 71,73. Museums, 72, Educational, 76, 84. Concert halls,
79. Scientific societies, 80,78. Libraries, 81. Religious societies,
83, Barrister’s certificate for such institutions, 85.

Poor Law. (Railways.) Grand Junction Railway Company, how rateable,
85. Great Western Railway Company, how rateable, 89, 93.
London, Brighton and South Coast Railway Company, how rateable,
91. South Eastern Railway Company, how rateable, 92,95. Mid-
land Railway Company, how rateable, 93. Newmarket Railway
Company, how rateable, 96.

Poor Law. (Tolls.) ‘Tolls per se, not rateable, 97 ; tolls of a ferry, not rate-
able, 98; tolls of a fair or market, not rateable, 99; tolls of a cattle
market, when rateable, 100.

Poor Rate. (When limited by Statute.) Regents Canal, 101. St. Luke’s
Workhouse, 101. Taunton Market, 103,

Poor Rate. (In what Parish,) 104. In a parish, which was formerly two
parishes, 105.

Poor Rate. (Zhe Rate.) Rate by vestry under a local Act, 106, The rate
must be properly headed, 107. New valuation of a Parish, 107.
Declaration at the foot of the rate and publication, 108. Allowance
of rate, 109. Publication of rate, 109.

Poor Rate. (Appeal to the Special Sessions.) Within what time, 110.

Poor Rate. (Appeal to the Quarter Sessions.) Who to be parties, 110,111,
Appeal adjourned when sufficient notice not given, 112; if sufficient
notice be given, sessions not bound to respite it, 113; costs of appeal,
remedy for, 113, 114.

Poor Rate. (How levied.) Rate levied under the general Act 12 & 13 Vict.
ce. 14, in a borough, although there were a previous local Act differ-
ing from it, 115. Overseer rated, may be distrained upon for rate,
115. Rate upon subscribers to a bridge, enforced against one for the
whole amount, 116. Arrears, when not recoverable from a bankrupt,
116. Tender of poor rate,117. Rate reduced upon appeal, surplus
to be deducted from the next rate, 117. Refusing inspection of rate,
118. When inspection to be granted, 118.

Prisoner, examination of, as to settlement, in what cases receivable, 234.
400 Index of Subjects.

R.

Railways, how rateable, 85.

Rating, settlement by, 160; See “ Settlement.” Rating under stat. 4 & 8
W. 4, c. 76, p. 152.

Reform Act.

j Effect of an occupier claiming to be rated under it,-33.

Regent’s Canal Company, how rateable, 101.

Relief, its effect as an admission of settlement, 246; evidence of it, what
sufficient, 247, 248, 249, may be rebutted by showing that it was
given by mistake, 250.

Relief. (By Relations.) By grandfather, 120; form of the order, 120;
by husband, 120.

Relief—in the workhouse, 121. Grant of land for a workhouse, 121; en-
larging the workhouse under a local Act, 122. Relief out of the
workhouse, of old and infirm persons, 123; order of guardians
on overseers for contribution, 123; time of relief merely to be
deducted in a five years’ residence, 184, 185, 186,

Relief in a union, proof of, 244.

Religious tract society, rateable, 83.

Removal of the Poor, 165; of wife and children to the place of her maiden
settlement, 165; of child under the age of nurture, 166; of sick
persons, 166; blindness an incurable sickness, 166; pregnancy not,
167; omission to certify in the order that the sickness will
produce permanent disability, a cause of appeal, 168; not neces-
sary to state that the pauper did not become chargeable by reason
of sickness, &c., 168.

Removal of the Poor (After five years’ residence) 169. Irishmen within the
Act, 169. Residence as a maid, wife and widow, may be joined, to
make up the five years, 170,171. After residence for five years in
the several parishes of a city, a man cannot be removed, 171.

Break in a five years’ residence of father, deprives his children of
their irremovability, 172. Removal is a break, 173, 174, 175;
persons irremovable removing, and receiving money from the over-
seers for the purpose, 176. Absence, when a break, when not, 177,
178, 179,180. Imprisonment, not a break, 181, 182. Time of service
out of the parish by a Royal marine or militiaman, deducted merely,
183, 184. Time of relief deducted merely, 184, 185,186. After a
residence for five years, if the husband be absent, and he would be
removable if present, wife and family are removable, 186, 187; or
if he desert his family and die, 188. If an Irishman desert his
family, wife and family removable to the wife’s maiden settlement,
188. Order made before the statute, cannot be executed after it,
190. Removal of a widow, in what cases, 189,190. Removal of
children, 190.

Persons irremovable, how relieved, 191.
Index of Subjects. 401

Removal. (Examination of Pauper, &c.) 192. Crown office subpoena
served upon a witness, attachment for not obeying it, 192. Witnes
bound to obey the writ, although required to give evidenco against
‘his own parish, 193. Justice’s summons to produce a document
he effect of it, 194.

Evidence of chargeability, 194.

Removal. (Order.) Order of removal, how directed, 195; must show that
the complaint was made within the jurisdiction of the justices,
196, 197; must show that the order itself was made within the
county, &c., in which the removing parish is situated, 196; by
whom complaint for an order to be made, 199; it must show that,
the pauper is chargeable to the parish, 200; and that he is
inhabiting there, 201; but it need not state the intent of the
pauper to settle there, 201; form of order of removal, what
sufficient, 202, 204 ; adjudication of settlement in it, 205. Order,
how signed, 205; how sealed, 206.

Boundaries of parish how proved, in order to ascertain the
parish of settlement, 199.

Mandamus not granted commanding justices to make an order,
where they have already exercised their jurisdiction, although
erroneously, 196.

Removal. (Abandonment of Order of,) 206. Abandonment, at what time,
and its effect, 206.

Removal. (Suspension of Order,) 207. Indorsements on a suspended
order, must show that they were made within the jurisdiction of
the justices, 207 ; costs in the order indorsed, when recoverable,
208; and how, 208; appeal against a suspended order, within
what time, 207. Costs, 207.

Removal. (Notice of Chargeability.) If no notice of chargeability, appeal
to be dismissed, 209. The notice must name the paupers, 210,
except a child under the age of nurture, removed with its mothcr,
210. It must be signed by a majority of the overseers, 211, 212,
or, where the parish is under guardians, by three of the guardians,
211; but where there are several parishes in a district under
guardians, the notice must be signed by the overseers of the
removing parish, 212. :

Order being quashed for defect in the copy of it sent with the
notice of chargeability, does not prevent the respondents removing
again under a fresh order, 213.

The Removal:—A pauper settled in a parish, which is afterwards divided
into townships, each maintaining its own poor, cannot be removed
to the place of settlement, 214, 215; but where parishes have been
united, a person who gained a settlement in one of them, may be
removed to the united parishes, 216,

Not an indictable offence for overseers to remove a pauper, after
appeal, and a case granted and not decided, 214.

Removal, appeal against order of, 217. See ‘‘ Appeal.”
DD
402 Index: of Subjects.

Renting a tenement, settlement by, 149-153. See ‘‘ Settlement.”

Royal Academy, not rateable, 60.
Rules, authority of the sessions to make, how far restricted, 225, 268, 269.

Russell Institution, rateable, 75.
8.

St. Luke’s Workhouse, how rateable, 101. x

Schoolmaster for the poor, house devised for his support, rateable, 69.

Scotchman married to an English woman, in what cases she may be removed
to her maiden settlement, 129.

Scientific institutions, when rateable, when not, 69.

Secondary evidence of indenture of apprenticeship, or other document
which is lost, 147, 148, 242.

Sessions, in what cases its decisions final, 253; in what not, 231.
Settlement, 125.

Settlement. (By Birth,) 125. Settlement of bastard, where the mother
marries, 125; settlement of bastard, where the mother dies, 125 ;
settlement of bastard, after attaining the age of sixteen, 126;
settlement by birth in a parish which is afterwards divided into
townships, 127; settlement by -birth of the children of Irish.
parents, 128, 129; when they may be removed, 128, 129. :

Settlement. (By Marriage,) 129. Englishwoman married to a Scotchman,
in what cases removable to her maiden settlement, 129; widow
and her children removed to her maiden settlement, 180; children
removed to their late mother’s maiden settlement, 131.

Settlement. (By Parentage,) 182. Emancipation of a child, when and
how, 132.

Settlement. (By Hiring and Service,) 182. What a hiring and not an
apprenticeship, 133 ; exceptive hiring, what, 138, 134, 185; usage
as to holidays, 136; settlement gained in a parish, which is after-
wards divided into townships, 137.

Settlement. (By A pprenticeship,) 138. Indentures, how, 138; indenture
of parish apprentice, and allowance of it, 189; by whom allowed,
142; when allowance must show jurisdiction, 148, 144, 145; by
whom executed, 141; order for binding, 140, 142; notice of
intended apprenticeship into a different county, how served, 143;
pauper indenture by guardians, 145; settlement by apprenticeship
to the sea, 146; settlement by apprenticeship to a chimney-
sweeper, 146; proof of parish indenture, 148; secondary evidence
of indenture, which is lost, 147, bis.; proof of search for it, before
giving secondary evidence of it, 148.

Settlement. (By renting a Tenement.) Before 2nd July, 1819, by the
feeding of cattle, 149, 150; under stat. 59 G. 3, ¢. 50, renting for
a year, what, 150 ; under stat. 6 G. 4, c, 57, by a joint renting of
Index of Subjects. 403

land by two persons, 151; under stat. 1 W. 4,¢, 18, and 4&5
W. 4, c. 76, not necessary that the tenant’s name should be
mentioned in the rate, 1G rating, where the renting is by joint
tenants, 153.

Settlement. (By Estate,) 154. Settlement, by estate, what, 154; by
estate devised to be sold, 154; estate by marriage, 155; by
house built on inclosure from the waste, 156. Residence within
ten miles, to retain the settlement, 157, 158.

Settlement by estate bought, what within stat. 9 G. 1, ¢. 7,
s. 5, 159; estate acquired by member of a building club, 159.

Settlement. (By payment of Rates, &c.,) 160. In what cases charged with
the rate, 160; what payment, 162; no settlement under 6 G. 4,
c. 57, if the landlord agree to pay the rates, and pay them, 161 ;
grounds of appeal, as to a settlement by rating, how, 162.

Settlement. (By serving Office,) 163. Settlement by serving as parish
clerk, 163; by serving the office of assessor and collector of land
tax and assessed taxes, 164.

Settlement may be proved upon appeal, by other evidence then was adduced
before the magistrates, 131.

Sick persons, removal of, 166-168. See “ Removal of the Poor.”

Southampton Dock, rateable, 44.

South Eastern Railway Company, how rateable, 92, 95.

Special case, how to be stated, 136, 137, 228. No objection which is not
stated in it, can be made in moving for the certiorari, 147.
Special case by consent, order of arguing it, 183.

Stallage, rateable, 99.

Subpoena duces tecum from Crown office, its effect, and attachment for not
obeying it, 192, 193, 240.

Summons of justices to a witness, requiring him to produce a document,
its effect, 194, 241.

Suspension of order of removal, 207; indorsements on it, must show that
they were made within the jurisdiction of the justices, 207 ; costs
in order indorsed, when recoverable, 208, 207; and how, 208.
Appeal against a suspended order, 207.

T.

Taunton Market, how rateable, 108.

Tender of poor rate, how, 117.

Tenement, settlement by renting, 149-153. See “ Settlement.”

Theatre, box in, rateable, 33.

Tithes. An annual sum, without deduction for outgoings, given to a rector
in lieu of tithe, not rateable, 29; tithe commutation rent-charge,
how rated, 30, 32.

Tolls, per se, not rateable, 97.

DD2
404 Index of Subjects.

Tolls of a ferry, not rateable, 98.
Tolls of a market or fair, not rateable, 99.
Tolls of a cattle market, when rateable, 100.

U.

United Service Institution, rateable, 72.

.

Valuation of parish, 107. -
Vestry, rate by, 106.

w.

Water works, when and how rateable, 28-50. See‘ Poor Rate,” (Water-
works.)
Workhouse, grant of land for, 121; repairs of, under a local Act, 122.

Z.
Zoological Society, rateable, 78.

a es
London: Printed by Shaw and Sons, Fetter Lane,
 

 

 

 

SHAW. AND SONS’

LIST, WITH PRICES,

OF THE

BOOKS AND PAPERS

OF THE

POOR LAW BOARD;

WITH OTHER

BOOKS AND FORMS,

-PUBLISHED ONLY BY THEM,

RELATIVE TO THE ADMINISTRATION OF THE POOR LAWS,
AND ALSO OF BOOKS AND FORMS FOR
LOCAL BOARDS OF HEALTH, BURIAL BOARDS, &c. &c.

———-y —_—_—.

London:
SHAW AND SONS, FETTER LANE,

PUBLISHERS OF THE BOOKS AND FORMS OF THE POOR LAW BOARD,
LOCAL BOARDS OF HEALTH,
FACTORY INSPECTORS, COMMISSIONERS IN LUNACY, &c. &c. \

 

 

 

 

 
Lonpon: FETTER LANE,
Poor Law Wepartment,
June, 1857.

« GENTLEMEN,

As the original Publishers for upwards of Half a Century
of Parochial Books and Forms, and as the patronized Publishers by
a large majority of Unions of Poor Law Books and Forms, we beg
to return to Boards of Guardians and to Clerks of Unions our
grateful acknowledgments for their continued and increasing
Patronage, and to assure them that the same manifest superiority
which has ever marked the Books and Forms published by us con-
tinues to distinguish them at the present day.

As extensive and practical Printers, our resources enable us to
keep the whole of our Forms in type, by which particular advan-
tage we are enabled to make any local or other alteration in the
Forms at a very trifling extra charge, whilst the Books themselves
can be printed upon extra thick paper at the additional cost of the
paper only.

Reiterating our acknowledgments to the Gentlemen of the
Boards of Guardians, and to Clerks of Unions, and assuring them
of our continued exertions and unremitting attention to their

favours, 7

We beg to subscribe ourselves, most respectfully,

SHAW & SONS.

To Boards of Guardians and
Clerks af Unions.
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

RATE BOOKS.

Schedule A.

Class I.—Superfine Laid Paper.—13 Inches by 15.—36 Lines
on a Page.—Ruled feint Blue and Red Lines.

 

 

* Quires. Names. | Half-bound. Quires. Names. Half-bound.
£35. ad £e ad
1 1728 010 0 4 6912 1 6 0
2 3456 014 0 5 8640 110 0
3 5184 019 6

 

 

 

 

Class II.—Superfine Wove Paper, 13 Inches by 15.—36 Lines
on a Page.—Ruled feint Blue ard Red Lines.

 

 

Quires. Names. Half-bound. Quires. Names. Half-bound.

= &. a. £8. da.

1 1728 0 7 6 4 6912 - 016 0

2 3456 09 0 5 8640 1 1 0
3 5184 012 0 a

 

 

 

 

 

 

Class III.—Superfine Wove Paper, 13 Inches by 73.—15 Lines
on a Page.—Ruled feint Blue and Red Lines.

 

 

: Leather | Cloth , Leather | Cloth | Half.

Sheets. | Names. | Circuit | Circuit Quires,} Names. | Circuit | Circuit | pound.
Binding. | Binding. Binding. | Binding. '

s. d.| 8. d. & d.| 8. d. | s. d.

6 156 i 8 1 7 1 650 2 6 2 3;2 6

10 260 111 1 9 2 1330 3.9 3 613 9

14 380 2 1 111 3 2000 5 0 4 9|5 0

18 570 2 2 2 0 4 2650 6 0 5 9/6 0

5 3300 7 6 7 0/7 6

 

 

 

 

 

 

Rate Receipt Check Books.—First Sched. Order of March, 1854.

8. d. s. dy

Books of 50 each - 0 6 Books of 400 each 2 0
. 100 ,, 0 8 » 500, - 2 6
» ~—-150 4, 010 | » 600 ,, 3 0

» 200 , = 1 of » 700 ,, 3 6
» 250 ,, 14 » 800 ,, 4 0
+ 300 _,, - - 1 8 » 1000 ,, ~ B @

 

 

Mesers. SHAW AND Sons have made arrangements that the Name of the Union,
Parish, or any other Local Alteration, can be made in the Check Books used by Masters
of ‘Workhouses, Relieving Officers, Overseers, and others, without extra expense upon the
Charges set forth in the Catalogue, upon taking not less than Six Books.

 

A 2

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

OVERSEERS’ AND COLLECTORS’ EOOKES.

Schedule A.

 

No.

 

 

 

< NAME OF FORM. DESCRIPTION AND PRICE.
of Form.
2 Book of Receipts and Pay- Folio foolscap, strongly bound,
ments . - 1 quire, 4s. 6d.
2 4, 68.
3 Balance Sheet of Receipts é
and Payments - f } Per quire, ls. 6d.
In books, half-bound, 5s,
4 See Rate Receipt Check Books
5 General Receipt Check Book | Ditto 200, Is.
100, 9d.
50, 6d.
6 Terrier of Parish Lands -| 15 in. by 94, half-bound, 4s.
94 in. by 64 ditto, 2s. 6d.
In sheets, per quire, 1s. 6d.
7 Invent f Stock, Monies, d
tan eee a OED } 15 in. by 94, half-bound, 4s.
9%in. by 64, ditto, 2s. 6d.
In sheets, per quire, 1s. 6d.
6&7 | Terrier and Inventory bound 15 in. by 93, 2 quire books,
together - 6s. 6d.
94 in. by 64% ditto, 4s. 6d.
a 5 Leather circuit, 64 in. by 10
8
Collecting and Deposit Book { pocket size, 1 quire, 28. 6 a
2) 55 3s. 6d.
Bt is5 4s. 6d.
145 * x Leather circuit, 14 in. by 10,
1 quire, 4s. 3d.
2 ys 68.
3 4, 7s. 6d.
9 Collectors’ Monthly Statement| Foolscap folio, per quire, ls. 6d.
in books, 1 quire, 4s. 6d.
- 2 ga" Ot.
3 4, 7s. 6d.
10 Collectors’ Unpaid R: 5
Statement mpal | Per quire, ls. 6d.
in Books, 1 quire, 4s. 6d.
2 4, 68.
10a 3. ,, 7s. 6d.

 

Overseers’ Notice of Deposit
of Books previous to Audit

Per quire, 1s.

 

 

 
 

 

Under the Order of the Poor Law Board.

 

 

 

 

 

 

of aos NAME OF FORM. DESCRIPTION AND PRICE.
CLERES’ BOOKES.—Schedule B.

108 Minute Book - | Extra superfine laid demy glaz.
and extra strongly bound in clf.
with Index, ; quires, 11. 3s.

» 1b. 48. 6d.
7 w Ih 1%
8 ,, 11 9s. 6d.
foolscap, 5 ,, lls. 6d.
Rough, 8s. 6d.
Waste, red sheep, 3s. 6d.

11 General Ledger - - | Extra superfine laid demy glazed,
and extra strongly bound in
calf, with Index, 5 qrs. 1/. 3s.

© so UL 68.
s 7, Wl. 9s.
8 ,, ll. 12s.
lt ,. 2. St
» Rough marble covers -| 8s. 6d.
lla Ditto, with ean Of same number of quires and
and Non-settled Poor price as 11.
116 Ditto - - --  -{ Laid medium, folio, 5 qrs. 35s.
: 6 ,, 428.
ye 328.
66s.

12 Parochial Ledger - - - | Extra superfine laid ce glazed,
and extra strongly bound in
calf, with Index, 5 qrs. 11. 3s.

6, I 6s.
Y w ih, Se.
8 ,, 1. 12s.
», Rough, marble covers | 8s. 6d.
12¢ Ditto, 2 half-years on a page | Super. laid medium 5 quires, 35s.
6 » 42s,
7 4, 62s.
8 66s. |
124 General and Parochial Ledger, | Extra superfine laid demy, glazed
with Non-settled and Non- and extra strongly bound in
resident Poor Account - calf, with Index, 5qrs. 11. 3s.
6 » 1, bx
7 4» Ih 9s.
8 ,, 1k 128.
? 10 4, 2, 2s.
120 Non-Resident and Non- ;
Settled Poor Acct. Ledger § Calf, 14. 11s. 6d.
12d ” Half bound, 16s.
13 Relief Order Book - | Foolscap folio, half-bound extra,

 

 

with Index, 5 quires, 12s.
3, ~=— 6s. 6d

 

 

 
 

 

-

Books and Papers published by SHAW & SONS, Fetter Lane, |

 

 

 

Nos NAME OF FORM. DESCRIPTION AND PRICE.,
of Form.
Schedule B.-CLERKS’ BOOKS — continued.
14 Order Check Book - -| 3s. 6d.
15 Pauper Classification Book -j| 15 im. by 11, half bound,
1 quire, 5s. 3d.
So 6s. 6d.
: a 4 7s. 6d.
16 Statistical Statement of aie Per quire, 3s. |
pers relieved re
l6a 36 as 22 in. by 15, hf. bd. 2 qrs. 14s.
17 Financial Statement of
Receipts, Expenditure and»| Per quire, 3s.
Balances - -
l7a ie “a 22 in. by 15, hf. bd. 2 qrs. 14s.
18 Annual Abstract of separate 5
Accounts of Parishes - } a
18 4 Si 53 22 in. by 19, hf. bd, 2 qrs. 16s.
19 Clerk’s Statement of Account | Per quire, 1s. 6d.
194 Parochial List of In-door Ls. 6d
Poor - - “ a0
19d * double length 4 2s. 6d.
196 3 Out-door Poor - a ls. 6d.
19e 8 double length ai 2s. 6d.
19g | In-doorand Out-door Poor - ¥ ls. 6d.
19h In-door and Out-door Poor,
and statement of Account sf ls. 6d.
at foot -
197 |In-door Poor, with State- ls. 6d
ment of Account, at foot “ 00s
19k Out-door Poor, with State- Ls. 6d
ment of Account at foot a a 0G
19¢ Clerks’ Notice of Audit - “ Is,
73 Clerk’s Half-yearly State- 3
ment of Expenditure oe ee
8b Admission to Workhouse
signed by Clerk- \ In books of 100, 1s.
8 bb | Ditto, Chairman - - a » 1s.
99 Glen’s Preparatory Form of | In books of 1 quire 9s.
Annual Poor Rate Return, 2 4 148;
dated May, 1857 - - 3, «6188.
Per quire, 5s.
101 Dallenger’s Form of Annual Z
Poor Rate Return - In books of 2 quires, 10s.
102 Glen’s Irremovable Poor,

 

Statement of Grounds of
Chargeability of Pauper to
Common Fund - :

 

In books of 1 quire, 6s. 6d.
2,4, 10s. 6d.
3, «14s. 6d,

Per quire, 4s,

 

 
 

 

Under the Order of the

Poor Law Board.

 

 

 

 

 

of os NAME OF FORM. DESCRIPTION AND PRICE.
Schedule B.—CLERES' BOOKS —continued.
104 Weekly Statement of Out-
door and In-door Paupers, | | In books of 1 quire, 5s.
with amount of Relief, » 7s. 6d.
showing also that of the 3, 9s. 6d.
corresponding half year
Per quire, 4s.
108 Register of Young Persons ] | 1 quire, 4s. 9d.
under 16 hired from Work- >|2 ,, 6s. 6d.
house - - 3 ,, 7s. 6d.
1 Form A. Weekly Return from 7}
Clerk of Union to Poor >| Per quire, 2s.
Law Inspector - -
2 ; the In books for 2 years, 8s.
3 from Master o} Worl :
house to Clerk of Union } Per quire, 48 forms, 2s.
4 from Relieving Officer mh
to Clerk of Union = a
5 from Clerk of Guion
to Poor Law Inspector, 5s 2s.
for two Workhouses -
6 In books for 2 years, 8s.
7 from Clerk of Union
to Poor Law oer | Per quire, 2s.
Mr. Farnall’s Form -
8 en In books for 2 years, 8s.
161 Form B. Weekly Return p
from Clerk to Poor ie Per quire, 50 forms, 1s. 6d.
Board
Wi. In books for 2 years, 6s.
from Master of Work- .
house to Clerk of Unio “I Per quire, 50 forms, 1s. 6d.
from Relieving Officer } i a 1s. 6d.
to Clerk of Union
149 Glen’s Formula for calculat- 7
° ing the number of Pau- | | for 3 years 8s. 6d.
persin receipt of reliefon¢| ,, 2 ,, 7s. 6d.
the last day of each week, l » ly, 68. 6d,
and amount expended, &c.
109 Clerk’s Notice as to Young
Persons hired or bound aE Per quire, 2s.
prentice =
110 Form of Submission to Arbi- |

 

tration of Question affect-
ing the Settlement of a

Pauper. By Archbold

 

 

 
 

 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

No.
of Form.

NAME OF FORM.

DESCRIPTION AND PRICE.

 

974

111

112
120

162

163

Sch
20

21

Bl ,

22 & 23

24

25& 26

113

114

Medical Officer’s, School-
master and Schoolmis-
tress’s Half Yearly
Amount of Salary - -

Annual Lunatic ps
16 & 17 Vict. c.97

” ”
Medical Officer’s Quarterly.
Return of Lunatics -
Glen’s Form of Clerk’s Esti-
mates for Orders for Con-
tributions from Parishes
to Union Funds - -
Glen’s Register of Paupers
chargeable to the Com
mon Fund - -

Inventory Book -

Admission & Discharge Book

Index to Admission and
Discharge Book

In-door Relief List and Ab-
stract - - is

folio size -

Master’s Day Book

Daily Provision Consumption
Account Book and Weekly
Summary

Ditto -

Ditto «

 

Schedule B3.-CLERES’ BOOKS ~— continued.

Per quire, 2s. 6d,
is 38.
» Yuled Red 5s.
a 1s.

In books of 1 quire, 6s. 6d.
me 2 4 §8%. 6d,
>, 3 ,, 10s. 6d.

‘i 1 quire, 5s. 0d.
., 2°, 68.6d.

 

ig 3 ,, 78.6d.

The; Poor Law Board ‘' Official Circulars” supplied.
edule C.-MASTER OF WORKHOUSE BOOKS.

15 in. by 11, 2 quires, 6s. 6d.

- 2 ,, 6s8.6d.

Sp 3, «=. 78. 6d.

“5 5 4, 148.
Index, 2s. extra.

6s. 6d.

15 in. by 11, 5 quires, 14s.
3 8s.

”

2 gy | 48:
1, 68. 3d.
3 quires, 18s.
5 4, 26s.

13 in. by 10, 3 quires, 6s. 6d.

13 in. by 10, half-bound extra,
with numerous columns and
two pages for each day,
10 quires, for one year, 20s.

5 ,,  forhalf-year, 12s.

15 in. by 11, for 1 year, 15s.

Half year, 11s.

13 in. by 10, oblong, for one
year, 93. 6d.

 

 

 
 

 

 

 

Under the Order of the Poor Law Board.

 

 

No.
of Form.

NAME OF FORM.

DESCRIPTION AND PRICE.

 

 

Schedule C.-MASTER OF WORKHOUSE BOOKS— continued.

27,8 &9

30

31

32

19

20

Weekly Provision Receipt
and Consumption, Quarterly
Summary and Balance Ac-
count

and Conversion Account

Clothing Receipt and Ex-
penditure Account

Clothing Register Book -

(letter U.), corrected in ac-

a
Master’s Reportand Journal
cordance with Form A.

Visitors’ Book -

Clothing Materials Receipt

15 in. by 11, half bound, extra,
3 years, 7s. 6d.
2 years, 6s. 6d.
l year, 5s. 6d. :
13 in. by 10, half bound,
3 quires, 6s. 6d.
2. =a, ~—séBs. 6d.
1, = 4s. 9d.
Index, extra, 2s.

i3in. by 10, : quires, 6s. 6d.
» 58. 6d.
n» 48. Od.

Index, extra, 2s.
13 in. by 10, : quires, 6s. 6d.
a 5s. 6d.
7 » 48. 9d.

Index, extra, 2s.

12s.

8s. 6d.

RELIEVING OFFICERS’ BOOKS.—Schedule D.

33

34

34a

116

Application and Report Book

Out-door Relief List - s

Out Relief List with Money-
and Kind in separate
columns

The above 34a are also kept

 

15 in. by 11, in leather, for the
pocket, 2 quire, 4s. 3d.

» 68.
" » 7s. 6d.
Incloth,l ,, 3s, 3d.
: » 58
0 6s. 6d.

19 in. i 15, in leather for the
pocket, 1 quire, 7s.
2 » 10s.
13s.

‘VIn cloth,

 

3
1
2
3
19 in. by 11,
3
in cloth, 1
2

3

6s,
9s.
128,

in leather for the
pocket, 1 quire, 7s.
2

10s.
13s.
68.
9s.
128.

19 in. by 15, at ‘the same price.

 

 
 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

No,
of Form.

 

NAME OF FORM.

DESCRIPTION AND PRICE.

 

 

 

Schedule D.-RELIEVING OFFICERS’ BOOES—continued.

34 b

34d

34¢

35a

35
36 & 37

117

36& 374

36 &37 6

118

149

 

Out Relief List, with Money

and Kind, in separate |

columns (32 lines on a
page)

Out Relief List, with Money |

and Kind in separate
columns (smaller Form,
20 lines on a page)

Rough Out Relief List for
the Pocket whilst going
the round

Non-resident Relief List

Abstract of the Out-door Re-
lief List

Receipt & Expenditure Book,
with Quarterly Summary

with clasp, for pocket
sx» _ prepared to correspond
with D. 344. &b.

» With clasp, for pocket
Ditto e = - -

Relieving Officer’s Register of
Visits to Young Persons un-
der 16

Form A. Weekly Return by

R, O. to the Clerk 7}

Glen’s Formula for calculat-

ing the number of Paupers
~ in receipt of relief on the

last day of each week, and

amount expended, &c.

18 in. by 15 in leather, with long
and short leaves, alternately,
ae 9s. 6d.
» 12s.
: » 148.
18 in. by 11, in leather, with long
and short leaves alternately,
1 quire, 6s.
D3 9s.
3» is.
10 in. by 7, made to roll,
1 quire, 4s. 6d.
2 fxg ~~ "T8« Ge
3 5, 10s.
15 in. by 11, 83.

19 in. by 11, half bound,
2 quires, 12s.
15 in. by 11, : years. 7s. 6d.

» 68.26.
a “3d.
1 year, 4s. 3d. -
15 in, by 11, 3 years, 7s. 6d.
2 ,, 68. 6d.
1 4, 58. 3d.
1 year, 48. 3d.

15 in. in depth, by 10 in widtb,
3 years, 9s. 6d.

2 , 8s. 6d.
Ly, Fe Ba,
1 quire, 5s. 9d.
2 4; 88: i
3 ,, 9s. 6d.

Per quire, 2s.

3 years, 8s. 6d.
2, 7s. 6d.
Loy =~ Be,

 

 

 
 

 

Under the Order of the

Poor Law Board.

 

 

 

 

 

 

 

 

Vl oe es: NAME OF FORM, DESCRIPTION AND PRICE.
Schedule E._DISTRICT AUDITORS’ FORMS.
38 & 39 | Auditor’s Statement in refer- | Per quire, 5s.
ence to the Books of the
Dnion, and to the Officers’
Bonds
119 Auditor’s Notice.—7 & 8 ¥ 1s. 3d.
Vict. c. 101 .
filled up with Name} 250, 9s.
of Audit District, &c. 500, 13s.
1000,21s. -
4 Notice from the Auditor to | Per quire, 1s. 6d.
be served by the Reliev-
ing Officer on all Parish
Officers annually, relative
to the Collecting of Poor
Rates and Arrears thereof
A. Information laid by a Dis- ‘a 3s.
trict Auditor. 7 & 8 Vict.
ce. 101, s. 32; Ll & 12)
Vict. c. 91, 8. 9.
i Summons to the Defendant ‘3 3s.
7 upon an Information
Order for Payment of Money iv 3a.
to be leyied by distress,
and in default of distress,
imprisonment
MEDICAL OFFICERS’ BOOKS AND FORMS.
274 Register of Sickness and Mor- , 15 in. by 11, : quires 7s. a
tality » 68. Gi
i js 6 DSS aa
circuit, for pocket, 4s. 3d.
Form P.| Modified form of District | 15 in. by 11, 8s. ‘
j Medical Relief Book in sheets, per quire, 3s.
for post, +3 BS:
Foolscap, i in books, 6s.
in sheets, per quire, — 6d.
for post, 33
; Index, 2s. extra.
Q&R. | Workhouse Medical Relief | 15 in. by 11, 8s.
Book
Index, extra, 2s.
120 Medical Officer’s QuarterlyRe- | Per quire, 1s.
turn of Lunatics
121 Shaw’s Medical Practitioner’s} 48.
Register
*1 Medical Officer’s Certificates | In books, 1s. 6d,

 

 

 
 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

Nos NAME OF FORM. DESCRIPTION AND PRICE.
of Form.

 

MEDICAL OFFICER’S BOOES and FORMS-— continued.

4 .| Medical Quarterly Returns, | Per quire, 3s.

In-door and Out-door

Form L | Tickets for Permanent Medi.| Printed in red and black, on

cal List extra strong card-board, per

. 100, 2s. 6d.

With the Name of the Union,
per 500, 12s. 6d.

*8 Medical Officer’s Order upon | In books, Is.

Tradesmen for articles re-

quired

9a |Medical Officer’s Account of| Per quire, 2s. :
Extra Fees : 3

96  |Medical Certificate of the Cause] In books, 1s. 6d.
of Death

9 Book for entering the Aged
and Infirm, and Perma-
nently Sick and Disabled
Persons receiving Relief 8s.
71 Sick Diet Book - | 7s.

 

 

NEW GENERAL ELECTION FORMS.
The following Forms, Nos. 1 to 5 inclusive, are settled by Mr. LuMLEy :—

(Number. . 8. d.
-1 Notice of Objection by Owner to Claimant - 1d. each, per 100 2 6
2 Ditto ditto to Clerk - 55 Be 2 6
3 Ditto by Ratepayer to Claimant a <i 2 6
4 Ditto ditto to Clerk a 2 6
5 Clerk’s Notice of Revision per quire 1 0

Forms from the Instructional Letter of Order dated 26th day of January, 1845.
Form A. 1—Owners’ Statement (500, 9s.- 250, 6s.) per100 2 6
6

B.2—Appointment of Proxy ( ,, i ) ae 2
» C.3—Proxy’s Statement C5 “6 YO An3; 2 6
» D.4—The Register of Owners, and Appointment of .
Proxies, in Books, at 5s. and - - - 8 0

Forms from the General Consolidated Order dated July 24th, 1847.
Form A.—Notce of Election of Guardians, small size,
marked No. 1 , - per100 3 6
Ditto, filled up with the name of the Union, the
names of the Parishes, the number to be Elected,
places of meeting, &c., at per 250 - -
Notice of Election of Guardians, large size, marked
No. 2 - - . : per quire 1 6
Ditto, filled up with the name of the Union, the
names of the Parishes, the number to be Elected,
places of meeting, &c., at per 250 - - -

 

 

 
 

 

Under the Order of the Poor Law Board.

 

 

 

 

NEW GENERAL ELECTION FORMS —continucd.

8.
B.—Nomination Paper (500, 9s. 250, 6s.) -  perl00 2
C.—Voting Papers (1000, 18s. 500, 12s.) - +5 3
D.—Notice to the Guardians Elected - a 3
E.—Return of ditto, half-sheets, per 100, 3s. 6d., ‘whole

ditto - - - - 35 5
Ditto, the names of the Penons proposed, Radi
dences, Quality or Calling, number of Votes,
together with the names of thé Guardians Elected,
printed (as directed by the order),at per 250 -
122 Collector’s Books for entering the particles of
having called for Voting Papers 2
123 Books for entering Voting Papers 3
124 Book for entering the Qualification of Voters 5s, and 8

F.—Requisition for an Extraordinary Meeting of }
Guardians * Pe *

Aoaks

°

ooo

G.—-Notice of Change of Period, Time, or Place | 18:34-perquire,
of Meeting - or with | the

H.—Notice of an Adjourned Meeting of Guar-
dians)- 2 i be

I.—Notice of Extraordinary Megting of Guar-
dians - -

Lumley’s Poor Law Election Manual, corrected to February,

*]

9
10

11
12
13
13a

98
14
145

MASTER OF THE WOREKEOUSE.— Miscellaneous

Books and Forms.

Pay Order from the Master of the Workhouse for the
Relieving Officer to pay Pauper being employed in books
Weekly Account of Provisions Received and Consumed
in the Workhouse, with the Stock on hand, &c. per quire
Returns, showing the greatest number of Paupers re-
ceiving Relief at one time in the month, distingnishing
the Name of each Parish - - ws
Book for entering Articles regulicn for the Use of the
Workhouse
Weekly Report of the Master of the Workhouse
Diet Book, showing the provisions served to each class

every day during the quarter - Soa: =e
Tradesman’s Invoice Book -
Leave of Absence Book - - “ -
Order Book upon the Butcher
Time of Rising (letter N) 5 am - per quire
Ditto, Mounted on Boards “ - - each
Table for calculating Consumption of Provisions, &e. =
Pauper Clothing Deposited Book - -

Regulations respecting Disorderly and Refractory Paupers,

for posting up, large sheet, 29 by 144 inches, bold ‘Tyre each
Mounted on Boards for hanging up -
with the Name of the Union - per "50

”

1

4

~
ora

_

TIE OR WDE AD

0
2
16

'

name of the
Union printed,
6 quires, 7s. 6d.

1855 = - - - - cloth 5 0

oo

OND anaowoooneo

 

 
 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

MASTER OF TEE WOREHOUSE.— Miscellaneous Books
and Forms—continued.

15 The New General Workhouse Rules and Regulations, dated 3.

July 24, 1847, with Notes, &c. - - - 1

16 Workhouse Punishment Book (letter O) - 8
19 Master’s Report and J cutee Getter U)s corrected in sevordainee

with Form A. * = - 12

3 Form A. Weekly Return of Master to Clerk per quire 2

20 Visitor’s Book - - - - 8

23a In-door Labour Book, 15in. by Hin, 3 quires 7

” 2 2_ ” 6

* = =; 1 » 5

35 Chaplain’ 8 Report Book - 8

16 Clauses 92 & 93 of Poor Law Smeenarsent Act, relative

to Spirituous Liquors - - per quire 4

a - - - on boards each 1

165 Register of Births (Letter S.) half bound 4

176 Register of Deaths (Letter T.) half bound - - 4

166 & 17b Register of Births and Deaths rig (Letters S.

& T.) half bound - - 6

25 Notice of Death in a Workhouse : per 100 3

26 Ditto of Birth - 3
STAMPS and FIGURES for MARKING LINENS, CLOTHING, "he.

with Box and Pad, complete, of 1 inch size - 30

4inch size - “ = 25

SHAW’S POOR LAW UNION INDELIBLE STAMPING INK,
for Stamping Linen, Woollen, Cotton, Flannel, &c. in bottles, 5
SHAWS’ INDELIBLE INK, for Marking COLOURED Cloths,
Silks, Cottons, Worsteds, &c. in bottles - - - each 5

Shaws’ Improved Lever Sealing Press with Die of Union
complete - - 42

Ditto Lilliputian 30

MENDICANCY Books and Forms.

1 Regulations for the Suppression of Mendicancy per quire 3
2 Circular to Ratepayers perl00 6
3 Tickets for Relief = per 1000 8
4 Notice to Wayfarers : perl00 4
5 Examination Papers per quire 2
6 Ditto in books 9
7 Book for the Entry of Tickets received and issued 6
8 Book for Master of the Workhouse 9
9 Admission and Discharge Book of Vagrants to the Work-

house ~ 3 os < .

©

SAEMAMnooD Con

AROS

AAS

oo

ocococo oon

°

 

 
 

 

 

Under the Order of the Poor Law Board.

 

 

MENDICANCY Books and Forms—continucd.

8s. d.
125 Traveller’s Admission and Discharge Book «- . - - 8 0
Travellers’ Certificates, with Name of Union printed in,
per 500, 20s.; 1000, 30 0
Ditto, (without Name,) per quire of 48 Certificates - 3 0
147 Cartridge Envelopes for ditto, with Indorse, per packet of 25 0 6
148 Relieving Officers’ Register of Certificates, super-royal Ato,
3 quires 8 0
149 Minute of Poor Law Board and Circular on Vagrancy, dated
August 4 and August 7, 1848 - per dozen 1 0

Books and Forms under the GENERAL RELIEF ORDER
to Non-resident Paupers, &c.—continued.
LIST OF POOR LAW UNIONS, with the Names and
Addresses of the Treasurers, adapted to the General
Order as to the Administration of Relief to Non-
Resident Paupers (Article 9), issued 21st December,

1844 on a sheet for hanging up 1 6
Varnished - - - 2 6
In a frame - . . 70

Number. ;
Clerk’s Account of Relief administered to Non-settled |
Poor - - per quire 23.8 4 0
2  Clerk’s Statement as to Relief to Non-resident and Non-

settled Poor - - . z 2 - * 4g

126 Summary of Clerk’s Non-settled Poor Account, foolscap

folio, ruled feint and red 7 3 6
3 NOTICE TO GUARDIANS of Panpes il = ®

request to Relieve -- re AZ 30)
4 GUARDIANS’ REQUEST to Relieve their Non-resident

Poor - - - =e A.

5 Circular containing Bill of Costs and Demand for Payment
for support of Paupers not belonging to Union x 2 0

Lumley’s Forms of BONDS and CONTRACTS.
Corrected agreeably to the General Consolidated Order dated July 24th, 1847.
Number
127 Bond for the due performance of the Office of Assistant
Overseer where security to be given to the Guardians,

7 & 8 Vict. v. 101, s. 61 - each 1 0
128 Ditto, where secumty given to the Churchwardens and
Overseers - ay 1 0

 

 

 
 

 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

BONDS and CONTRACTS— continued.

Bond for the due performance of the Office of)
Treasurer - - - - = Ss
Bond for the due performance of the Duties of
Relieving Officer -
Contract and Bond for supplying the Poor
4 District Medical Officer’s Contracts, corrected to
Poor Law Board Order, dated 25th May, 1857 -
Bond for the performance of the Duties of the
Master of the Workhouse - -¢
Workhouse Medical Officer’s Contract, corrected to
Poor Law Board Order, dated 25th May, 1857 -
Bond for Supplying Provisions or other Goods or
Materials, or providing Clothing - -
8 Bond for Collectors of Poor Rate, settled under the
Act 8 Vict. c. 101, 8.61 - . -
9 Bond for the due performance of the office of Clerk }
10 Contract for the Reception of Children under ne}

—

wo

w

per quire

on

each

n

~

 

%
per quire.

from one Union into the Workhouse of the other sack

Union. (14 & 15 Vict. c. 105, s. 6.
10aMedical Certificate —. - -' - in books of 50

«> These Bonds and Contracts are Copyrights, being duly
entered as the Act directs.

 

129 Form of Security or charge upon Poor Rates un- |

: each

der 14& 15 Vict c.195,s. 7. _ Parchment, -J
146 Ditto, for Churchwardens and Overseers
130 Contract for Buildinga Workhouse - - |
131 Ditto Charge on Rate - - < ‘

. er qui
132 Ditto for Altering and Enlarging - - | Oo ae
133 Deed of Charge on Rates - * is f each

147 Contract for Vaccination - .
148 Ditto for Parishes. ‘|

Parish Officers’ and Miscellaneous Books and Forms.
3 List of Persons from whom Poor Rates cannot be ob-
tained, and Persons excused - - * per quire
5 Letters from the Clerk of the Union to the Overseers of
the Parish to inform them of the day of Audit. -
6 Annual Circulars to Churchwardens and Overseers and
other Officers relative to the keeping and passing

Accounts = fi

”

6
0

6
0

3

3

rk Oo

 

 
 

 

 

Under the Order of the Poor Law Board.

 

 

POOR RATES, Distraining for—12 Vict. c. 14.

coooocoon

3.
A.1, Complaint of the Overseers against one Rate-payer per quire 3
A.2, Complaint against several Babee - - - ” 3
B. Summons - = - - iv 3
C.1., Warrant of Distress sgalaat one Rate-payer - - rr 3
C.2. Warrant of Distress against several Rate-payers - ie 3
D. ‘Warrant of Commitment in default of Distress - or 3
E. Inventory of Goods Distrained - - 6 3
99 Justices’ Order excusing poor persons from cunten of

Poor Rate, with consent of the Churchwardens and

Overseers, each order for one person - i - “ 3 0
99* The like for several persons, in one order - - - i 3.0

 

APPRENTICE BOOES AND FORMS. :

Books and Forms under the General Consolidated Order as regards the
Apprenticing of Poor Children, issued by the Poor Law Commissioners on
the 24th July, 1847. Settled by W. G. Lumusy, Esq., Barrister-at-Law,

and First Assistant Secretary of the Poor Law Board. Entered as the
Act directs.

134 APPRENTICE INDENTURE where the Child is to be s. d.
bound out by the. Overseers, with Premium—on
parchment, ls. 6d. each; on paper - - - per quire 12 0
135 Ditto, without premium—on parchment, 1s. 6d. each ;° on

paper - = 2 é ete FS _ o » 12 0
136 APPRENTICE INDENTURE where the Child is to be

bound out by the Guardians with prema en

parchment, 1s. 6d. each; on paper - - - ” 12
137 Ditto, without apSeAn eon parchment, Is. 6d. each ; “on
paper - - - - - - - ™ 12
138 REGISTER OF APPRENTICES - 8
108 REGISTER OF YOUNG PERSONS under 16 hired
from Workhouse - ~ - 7
1 Certificate of Médical Officer of the Worktiouse - per quire 2
2 Certificate of District Medical Officer - - - nx 2
3 Certificate of Medical Practitioner - vw 2
4 Certificate of Medical Eeacianipd in reapeCk of a Disabled .
Person - mee 2
5 Report of the Relieving Officer as to the Apprenticeship Be ae
6 Proposal of Apprenticeship (fly leaves) : "2

©CnAD COOM OS OS

4 Clerk’s Notice to the Guardians of other Union, of. the

Binding of an Apprentice (fly leaves) - - *» 2 90

8 Report of Relieving Officer and Medical Certificates - » 3 0
139 SEA APPRENTICE INDENTURE for Binding Children

to the Sea Service, 17 & 18 Vict. c. 104 - -. - each 0.9

1164 Notice to the Owner of a Merchant Ship of a claim’ by
Guardians in respect of relief to a Seaman’s Family.
Drawn by Mr. aauaieT under the 17 & 18 Vict. ‘
c. 104 - - - per quire 3 0
B

 

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

 

APPRENTICE BOOKS AND FORMS —continued.

Number. : 8.
165 Ship Owner’s Notice of the Seaman’s Return - perquire 3
166 Application of Guardians to Two Justices for an Order

4 for Reimbursement - « es a case 3
167 Order of the Justices thereon - - - = = gs 3
A TREATISE ON THE LAW OF PARISH APPREN-

TICES, with the General Orders of the Poor Law
Commissioners, and Index.—By W. G. LuMLxry,
Esq., Barrister-at-Law, and First Assistant Secre-
tary of the Poor Law Board. Corrected in accord-
ance with the Consolidated General Order dated 24th
July, 1847. 2nd Edition - - - - 4
PORTER.
1 Porter’s Book for Workhouse - 5-quires, calf 16
2 quires, half bound 8
3  Pauper’s Going-out Book - . - - calf 16

half bound 8

 

*1 Notice to the Medical Officer to visit Sick Persons - in books 1
2 Ditto, stating particulars of the nature of the Disorder,

&e. - - - - - - 4 1

*3 Orders to remove Pauper - - - - = %% 1

*4 Tickets for Relief in Kind - - - 1

5 Notices that the Relieving Officer will attend at
to distribute Relief, whole sheet foolscap for posting
up - - - - - - perquire 3
.*6 Order from the Relieving Officer to the Master of the

‘Workhouse to employ Pauper in books 1

*7 Order by Relieving Officer upon the Contractor for a stone
of flour - - - . - - r 1

*8 Order from the Relieving Officer to the ‘Master of the
Workhouse to receive a Pauper therein, conditionally + 1

*9 Certificates of the Signature of last Employer of a
Pauper - - - ar 3

*10 Order Book upon the Undertaker to attend Burials at
the Workhouse - - - - 1
*11 Ditto elsewhere - ,, 1
12 Relieving Officer’s Register - - ee 6
13 Relieving Officer’s Diary - - 2 ee 6

14 Questions from the Board of Guardians directed to Re-
lieving Officer to return answers as to the state of a

pauper and his family - - - per quire 3

*15 Check Books for Clothing by Relieving Officer - - - 1
16 Books for entering the particulars of Out-Relief paid to

Paupers belonging to other Unions - - 12

17 Voucher Books for entering the Goods supplied to Paupers - 2

K Out-Relief Ticket . - in books of 200 2.

V_ Medical Relief Order Check Book - i 2

 

on

oo

0
0
0
0

RELIEVING OF FICER.—NXiisceilaneous Books and Forms.

0

0
0
0

o Oo

aoc CORD a S Oo

oooo

 

 
 

 

 

Under the Order of the Poor Law Board,

 

 

SUPERINTENDENT REGISTRARS.

Number.
1 Printed Covers to Registrar-General, Demy - per quire
3 Instructional Letter as to Payments for Registration of

. Births, Deaths, &c. - - * * i “a 7
4 Books for entering Minutes, Registration Office Dis-
bursements and Tees, upon an entirely New Plan,

with Exemplification of Keeping the same —- - :
6 Index Book to Register of Births, with Index for 1300 -
a * a9 without Index ,, 600 -
7 a a Deaths, with Index ,, 1300 -
oa ss without Index ,, 600 -
8 ay a Marriages, with Index ,, 1300
a i without Index ,, 600

9 Bills of Costs for entering Quarterly Accounts to be
transmitted to the Registrar-General, 5 Districts, per quire

10 Ditto - 4 s 12 Districts ,,
ll Certificate of Births per book
12 ” Deaths - - a 3 25
13 ae Marriages - %
14 Superintendent-Registrar’s Quarterly Account ~ per quire
15 Registrar of Births and Deaths Quarterly Account is
16 Return of Superintendent Registrar of Union, of Licences
granted during the Quarter - = +

16a Notice of Marriage to the Superintendant Registrar, with
or without Licence, when both of the parties are of
full age, in accordance with the 19 & 20 Vict.

e119 - - - - in book af 50
l6e when the intended husband is of full age,

and the intended wife is a minor yy
16e when the intended husband is a minor

and the intended wife is of full age - -
16f when both of the parties are minors a ss

165 Superintendent Registiar’s Certificate of Marriage with or
without Licence, in accordance with the 19 & 20

Vict. c. 119 - - - - in book of 100
16d Superintendent Registrar’s Licence of Marriage,
19 & 20 Vict. c. 119 * . - "= ‘per quire

17 Account of Returns of the Number of .Births, Deaths,
and Marriages, made to the Registrar- General for the
Quarter - is . eu 135

18 Return of District Registrar to Superintendent-Regis-
trar of Number of Births and Deaths - 53

19 Amount of Expenses due to Registrar of

20 Letters to Registrar-General to accompany the Returns
of Births - ee ge we 1%,

ad

o

 

rere ”

 

-_

woanwn &o

wwNe Ke He ad AP

acocnonsdc

oownwwoco

o

 

 
 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

SUPERINTENDENT REGISTRARS —continued.
Number.
21 Letters to Registrar- Mears to eceerteeny the Returns

of Deaths - - - oe quire
22 Ditto, Marriages - ¥
23 Notices of Certified Copies can he ebtained “at the Re-

gistrar-General’s Office - og
24 Marriage.—Clergy Quarterly “ Nil ag Return, - = yy

27 Extra large superfine Cartridge Covers to “ Registrar
General of Births, Deaths, and Marriages,’’ 26 in. by 20 ”
28 Certificate of Registry of Death, 6 & 7 Will..4, c. 86,
8. 27 - in book ‘of 100
29 Quarterly Account of Payments wade by and of sums
due to the Pupeemiendents -registrar for the Sub-
district of - - - per quire
30 Quarterly Account of the Number of Entries in the
Registers of Births and Deaths of the Sub-district

 

 

of - - - - - per quire
31 Superintendent-registrar’s Claim for Fees er Entries in
Certified Copies of Registers - - per quire

 

Oo oo

uo am Aw

‘TREASURER'S and MISCELLANEOUS Books and Forms.

4 Treasurer’s Receipt for Money received from Overseers in books
34 Treasurer’s Receipt and Payment Book - - -
* Form M.—Order upon Overseers to pay Money to the

Treasurer, with the Treasurer’s eel indorsed

thereon - - - - in books
69 Pass-Book of the Treasurer - - - - - -
13 Notices to Contract * - - - - - per quire

14 Tender to Contract - -
16 Clauses 92 and 93 of the Poor Sains Ammenduent Act, re-
lative to Spirituous Liquors, per quire, 4s.; on boards, each

22 Dietary Tables, Forms 1 to 6 i 5s.
25 Letters to accompany Inclosures sent up to the Poor Law
oard - : - - per quire

26 Printed Covers for ditto, post size, ls. 3d. , demy - - -
29 Instructions to Guardians and Parish Officers respecting
the Parochial Assessments Act : - -

Letter Book with aclpbabrte p HOHE - - 3 quares

3 ”» 4 >
38 és strongly bound in rough ale and anne backs 4,
97 4% -  demy folio, 5 ,,
98 » re a 7 = = o - Te 6 ,,
99 ,, RS i: Sg

100? es

8

41 Motion Book, for entering the Notices “of Motions to be
made at the Meetings of the Board of Guardians -

55 Order from Guardians upon the Treasurer; dated
June, 1857, engraved - :

 

= in books
56 Overseer’ 8 Notices of having called for Rates per 250
56a % = - - - - - - in books

1
7

wNwoaw mb ho wre wd

nob
ae

bo
©

moh oo

0
0

AWADOTAROHAR AH oo Coonan

o

ooo

 

 
 

 

q

 

Under the Order of the Poor Law Board.

 

 

Guardians - : - - - 8
| 68, Rules for an Independent Medical Club - per quire 3
stitched, each 0
70 Medical Club Weekly Return Lists = - - perquire 2

72 Minutes of the Board of Guardians, with the Checks ard
Loaves debited to the Relieving Officers - ” 4

74 Commissioners’ Instructions to Parish Officers relating to
the expenditure of the Poor Rates per doz. 8

76 Order of Removal Book, containing columns for entering
full particulars of Paupers removed - - 8

77 Loan Book, for entering Money advanced by wey of Loan
to paupers and others - 6

MISCELLANEOUS — continued.
Number. s.

ake Orders issued by the Commissioners to Boards of Guar-
dians for the Supeatnent of Collectors of the Poor
Rates, stitched - each 0

| "59 Order from the Churchwarden or Gveraeet a the Medical

Officer to attend to a case of urgent necessity in books «2

*60 Notices from the Churchwarden or Overseer to the Re- i

lieving Officer of having given the above order per quire 1
63 Book for entering the Contracts entered into by the

78 UNION PADS for Writing on, Sontaliiny blotting igen
Pockets, &c. lettered ‘‘ Chairman and Vice Chairman ;”
those for the Guardians are numbered consecutively,
Royal quarto, 3s. 6d. = sroplieep ule 4s. 6d. ;—

Demy folio 6
81 Book for entering the ‘Names of Paupers for whom ab

vices have been provided - - 8
89 Return of the Names of Guardians, Union Officers, &e. in naloets 0
91 Circular Letter relative to Out-door Relief - - perquire 3
92 Books for entering the Names of Contractors, Articles

contracted for during the Quarter—14 weeks - - 18
93 Guard Invoice Books, for pasting Invoices, extra strongly

half bound, royal paper - - ~ 6 quires 26
94 Child found, bills for penne - - - perl100 3
95 Insane Person - - - - on 3

168 Assistant Overseer’s ‘x ppeintment: By W. G. Lumley,
Esq. First Assistant Beaty of the Poor Law
Board - * . ls. each, per quire 12
169 County Rate Contribution, Orders by Guardians on
Overseers for payment of County Rate - - ty 1
170 in book 6
Forms required under the Act 5 & 6 William IV. cap: 69,
relative to the Sale of PARISH PROPERTY
1 Request of the Parish Officers, &c. to the Guardians to
apply to the Poor Law Commissioners to order Sale,
with Request to Poor Law Commissioners to consent
to Sale - : - - - per quire
3 Order for convening Meeting - Sy
4 Letter to the Parish Officers, accompanying fhe Order for

 

o wo

convening Meeting - - - together ”

o 0 © © ofes

u

foros) ane °o oun °o ret o

2

 

 
 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane, |

 

 

6

11
12
13

14
15

16
17

a oon whe

app

141

142

1

3
4

 

‘Number.
5 Notice of Meeting to consent to Sale of Workhouses, &c. .

MISCELLANEOUS -— continued.

per quire 3 0
Notice of Meeting to consent to Sale of Workhouses,
&c.; with Resolution entered in Vestry Book; and
Certificate of Minister, Churchwardens, and Overseers,

 

of the Forms of the Act having been ae with - ,, 3.0
Order for Sale, with Conditions * - oo» 2 @
Inquiries as to the Nature of the Property to be Sold - » 3 6
Declaration of Possessory Title - 8) 3 6
Notice of Meeting to consent to Liquidation of Parish

Debt - - ae 3.0
Ditto, with Resolution of Barish Mesting and Certificate

of Minister, Churchwardens, sis - mags 3.0
Conditions of Copyhold = - 7 3 6
Deeds of Transfer of Parish Pibperey of Copyhold Tenuary x 6 0
Ditto Freehold and Leasehold - . - 6 0

PARISH DEBTS.—(5 & 6 Vict. cap. 18.)
Proceedings under - : ” 3.0

Forms relative to the MIGRATION of Labourers.

Descriptive List of Persons desirous of Migrating - perquire 3 0
Ditto, extra large size - - - 6 0
Form of Certificate as to Character - - * 2 9
Descriptive List of Persens sent by the Canal, Coach, &e. iy 4 0
Form to be filled up by the Manufacturers or other Per-

sons willing to engiae Beuyers at a certain rate of

‘Wages - - - sy 3 0
Descriptive List from the London Agent - - 6 3.0

EMIGRATION FORMS.

Notice of Meeting
Resolution of Vestry per quire 5 0
Certificate of Minister, and List of Persons

 

SCHOOL BOOKS.

School Admission and Discharge Book, with Index 1 quire 6 0
2 ” 7 6
3), 9 6
School Attendance Book - - - - I » 5 0
2 , 6 6
3, ©6 688 66

BOY’S Journal of Instruction in Industry, for Twenty
Scholars - in books for one quarter 2 6
ditto of Religious and Secular Instruction mr, 2 6

ditto of Moral Conduct during the hours of In.
struction and Recreation, for one year =~ | ,, 1 6

& ad,

 

 
»

 

 

Under the Order of the Poor Law Board.

 

 

 

 

9

144 SCHOOLMISTRESS’S

m

SCHOOL BOOKS—continued.

Number.
5 BOY’S Journal of Attendance
6 GIRL’S Journal of Instruction in Industry, for Twenty

7
8

Scholars -
ditto of Religious and Seadlay Instruction, ditto
ditto of Moral Conduct during the Hours of In-
struction and Recreation, for One Year
ditto of Attendance - - -
*,* These Books may be had strongly bound to last
one or two seath aerOntinE | to whe number of
scholars -

143 SCHOOLMASTER’S souirnel ona Weekly and Ue

Report Book - ™ wm
3 - = 2

PAROCHIAL ASSESSMENT ACT.

B.—Contract for Survey, Plan and Valuation - per quire

C.—Contract for Valuation, without a Plan -

CC.—Contract for Survey, Planning and Mapping -

D.—Skeleton Forms to bas sua the i or Valua-
tion of a Parish -
E.—Skeleton Forms to be left at each House iy the
Assessors appointed by the Vestry for the Occupiers
to fill up, 500, 128.; 1000,20s.; 2000 -. -

F.—Skeleton Forms to be left at each House by the
Assessors appointed by the Vestry for the Occupiers
to fill up, 500, 12s.; 1000, 20s.; 2000 - - -

G. —Drawing Paper, extra Superfine, mounted on cloth
in superior manner, at per square foot -

H.—Order for Payment of Costs for Mapping and
Planning, &c. out of the Poor Rates.

1.—Order for Payment of Instalment with Interest for
Defraying the Costs of a Plan or Map, &c.

K. e~ Merioreneams concerning Contract for RUINeYs
&e.

L- —Circular selating to Expenies for Valuations; “Maps,
&e. - - “ * * é -

»

”

in books for one quarter

Form A.—Book for entering the Valuation of Messuages, 4 quire
- Lands, &c. ls,
1% 4
2 »”

THE, LAW of PAROCHIAL ASSESSMENTS, xtra’ in a Prac-

tical Commentary on the 6 & 7 Will. 4, c. 96, wherein is
shown the proper mode of rating Tithe to ‘the Poor Rate, and

the proper means of obtaining Valuations in Parishes.

By W.

G. Lumuey, Esq., Assistant Secretary to the Poor Law Board,
Third Edition, cloth - we e a

ae?

_

12

10
10

» ABDROWOWH

36

36

6

An Of

>

° SoCo ARMD

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

 

NEW VACCINATION Books and Forms.

Number. os 3. d
147 Contract for Vaccination, dated 30th November, 1853 per quire 6 0
148 Ditto for Parishes - - - - - - oo» 6 0
150 Form of Notice, Foolscap Size - - - per 100 3 6
151 Ditto, large size for Posters - - - - ” 8 0
152 Register Book of Vaccination Cases - . - - 3.0
153 Monthly Return of Vaccination Cases - - perquire 2 6
154 Quarterly Account of Fees of the Public Vaccinator <i 2 0
155 Quarterly Statement of Fees due to District Registrar ‘so 1 6
156 Medical Certificate of Successful Vaccination in books of 100 1 6
157 Duplicate » 2 0
158 Medical Certificate of unfitness for Successful Vaccination _,, 1 6
159 Medical Certificate of Insusceptibility to receive the

Vaccine Disease - - - - - » 1 6

160 Vaccination Act (16 & 17 Vict.c. 100), by Mr. Glen. 12mo.

f per dozen 2 6

161 Notice of the Requirement of Vaccination - - per100 3 6

The Large and Small Notifications (Appendix A.) may be had with the

necessary Blanks filled up, at the following Prices :—
s.

se s. ad
250 large bill - 20 0 250 small bill - 8 6
500 5 - 85 0 500 , - 13 0
150 45 - 500 750 4, - 20 0
1000, - 65 0 1000 ,, - 27 0

 

POCKET LEDGERS.

 

1 2 Quires 8vo. foolscap, ruled feint and money columns,
forril clasped, (size 6 by 44 inches) 7 = - 2 6
23 » 7 = = - - - - - 8 0
34 , ee Ow BG
44, - 6 fe ee el el calf 46
5 3 ditto writing demy, forril, (size 7 by 5inches) - - 38 6
64, : - --s 8 : - - : - - 4 0
7 4 sy - - - - - - calf 5 0
8 Relieving Officers’ oblong Memoranda Books, strongly
half bound, with parchment pocket, fastened with
black lead pencil - - - - per dozen 15, 0
Engraved CHEQUES and HEADINGS '
A Plate handsomely erfgraved, with Name of Union, Bankers’
Name, and 10 Books, 100 each, on superfine paper,
white or tinted, agreeably to Order dated June, 1857 ;
~ | ; per book 4 0
Engraved Heading to accompany inclosures, 10 quires of laid
foolscap, to go by post for one penny per quire 1

8
10 quires of post paper - - - - a = 1 6

”

 

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

CHURCHWARDENS’ Books and Papers.
Cuurcu Rate Booxs.—QuarTo.—7% by 11 inches.

i
8. d. s. d.
: Cloth.
A 750 Rate-payers, hf-bd. and in Leather Circuit, 4 6 ... 4 0
B i500: 2 5 & «= 3 = 8 5 6.5 $0
C 2250 =. - 7 - - - 76... 7-0
Fot1o.—15 by 114 inches. ‘
D 1780 EMEP - - - - 8 0
E 3600 - - - - 12 0
F 5430 - - - - - 16 0
4 Receipts, stitched, containing 200 “ - - 2 0
| A Practical Guide to the Duties of Churchwardens in the Exe- 1
cution of their Office, by Charles Grevile Prideaux,
‘of Baliol College, Oxford, M. A. and of Lincoln’s Inn,
Barrister-at-Law. Fighth Edition - - 6 6
5 Notices of having called for Church Rates - - per 100 1 0
6 Receipts for Pew Sittings - - 200 2 0
7 ~Preachers’ Entry Book, for entering the Names of sh
calf 14 0
8 Church ae Entry Account Book - - - - 7:0

 

Register Rooks for Churches and Chapels.
BAPTISMS, BURIALS, AND BANNS OF MARRIAGES.

 

 

 

PRINTED ON PAPER. Panel on ie
Number. | ™ unahen et ; Rough Catt, lettered,
, ForRIL. Cane. pun nf eps.

£5 d. £3 da £s. d

1 800 013 0 1 1 °0 210 0

2 1600 019 0 170 315 0

3 2400 15 0 113 0 5 0 0

4 3200 112 0°] 200 6 5 0

5 4000 119 0 260

 

 

 

 

 

 

 

The Folios and Numbers Printed throughout.

 

Certificate Books for Churches and Chapels.

8s. &
Baptisms, containing 100 Certificates - - - - .
Burials, 0 ditto - - - - - . 5
. Marriages, ,, ditto -
Beane of Marriages, 4to. size, printed on n Superfine 1 Laid Demy,
and bound in calf - - 300 entries -
Ditto ditto - 600 i - - 12
Ditto ditto 1000S, -- = 1B

i — a)

 

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

 

SURVEYORS OF HIGHWAYS Books and Papers.

1 Johnson’s Highway Account Book, for Surveyors of the High-
ways, 34th Edition, revised and corrected by W.
RICHARDSON - * i ~

2 Johnson’s Highway Account Book, for Surveyors of the High-
ways, for 5 years - - - - - 2

3  Johnson’s Surveyors’ Rate Book, sufficient for 600 payers, 4to.
size - : “

4 Johnson’s Surveyors’ Rate Book, sufficient for 1200 payers, 4to.
siz - - - - i a -

5 Johnson’s Surveyors’ Rate Book, sufficient for 1500 payers,
folio size - - - - - - - -

6 Johnson’s Surveyor’s Rate Book, sufficient for 3000 payers,
folio size - - -

7 Ditto Receipt Book, sufficient for 200 payers, stitched _

8 Ditto Notices of having called for Rates, sufficient for 200
payers, stitched - - - - * a ae

9 Ditto Collecting Book, (to be used when the Rate Book is not
carried round by the Collector), limp leather, for the
pocket - - 450 payers

900,
11 Tidd Pratt’s Law of Highways, by Joan FREDERICK ARCHBOLD,
Esq., Barrister-at-Law, 7th Edition - - - -
12 Nash’s Surveyor’s Guide, by F. W. Nasu, Esq., Barrister-at-
Law - - - - © ie e a i =
13 Telford’s Account Book, for the use of Surveyors in small
Parishes. Second Edition - - ay =
14 Telford’s Account Book for the use of Surveyors in small
Parishes. Larger Edition - - - - -
Ditto for Two Years, strongly bound - - - - -
15 Shaws’ New Account Book for Surveyors - - -
Drawn under the Public Health Act, 1848.
Highway Rate Book for 1575 Payers - - - é a
Ditto,3350 - - . . . ne
» 5000 = 5

*,* All the Notifications of the General Board of Health, 1s,

and 2s. 6d. per dozen,
iC

s,

10

12

Is.

d.

o

6d.

 

 
MR. ARCHBOLD’S
REMOVAL PRECEDENTS,
Corrected agreeably to the Act 11 § 12 Vict. c. 81.

 

 

 

 

 

 

 

 

 

Crass, |Letter. Removal of Paupers (not Suspended).
A. | Complaint of Chargeability -
B. | Notice of Chargeability ss Printed on separate
i. Grounds of Removal Sheets, 12 Sets
Cc. | Examination - - - | for 6s.
D. | Orderof Removal - - a
B. | Notice of Chargeability and .
2. Grounds of Removal - Prigted on separate
C. | Examination - - for 6s. e
D. | Orderof Removal - - = OF Hts
3. E. | Containing all the Forms in
Class 1, printed on one ;
Sheet large thick me At 4s. per Quire.
Paper -
a F Ce ae the Forms in
ass printed on one A
Sheet large thick _ Post At 4s. per Quire.
Paper -
Suspended Order of Removal.
A. | Complaint of Chargeability
G. | Notice of Chargeability and ;
Grounds of Removal -
5 Cc. | Examination - - ee separate
, H. | Order of Removal, with Sus- for 68.
pension and subsequent Or- *
der to execute the same Tel
‘for Costs - - -
G. | Notice of Chargeability a
Grounds of Removal - Printed on separate
6. Cc. | Examination - - Sheets, 12 Sets
H. | Order of Removal, with Sus- for 6s.
pension, &c. -
7. K. Gentgining 3 the Forms in
lass printed on one s
Sheet large thick | At 4s. per Quire.
Paper - - -
8. L. | Containing all the Forms in
Class 6, printed on one
Sheet large thick =} At 4s. per Quire.
Paper - -
Any one of the Forms A., B., C., D., G. and H., may be purchased
separately at 3s. 6d. per Quire.

 

 

No. 111.

112,
118.
76.

full particulars of Paupers removed

Extract from the Minutes of the Board of Guardians

—5 & 6 Vict. c. 57, sec. 18
Certificate of Chargeability (Statutory ] Form)
Special Authority to make Application to Justices
Order of Removal Books containing Columns for entering

&
- per quire

oy
7

wm wom
o coo
 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane,

 

 

POOR LAW PUBLICATIONS.
The Consolidated and other Orders to the present time.

Dedicated by permissionto the Right Honourable Sir G. Conner wai Lewis,

Bart., M. P. Chancellor of the Exchequer, Ex-officio a Member of the Poor
- Law Board, and formerly one of the Poor Law Commissioners.

THE CONSOLIDATED and OTHER ORDERS OF THE
POOR LAW COMMISSIONERS and of the POOR
LAW BOARD, with Explanatory Notes elucidating
the Provisions of the several Articles, Table, and elabo-
rate Index. By W. C. GLEN, Esq., of the Middle
Temple, Baraterak- Eats and of the Poor Law
Board ,- - - * - cloth
LUMLEY’S EXEMPLIFICATION OF THE POOR LAW
COMMISSIONERS’ GENERAL ORDER RE-
LATING TO ACCOUNTS, dated March 17th, 1847;
showing an EXEMPLIFICATION of a HALF YEAR’S
ACCOUNTS, with Notes. By W. G. Lumiey, Esq.
Barrister-at-Law, and First Assistant Secretary of the
Poor Law Board < S
The following portions may be had separately :—
Exemplification of the Overseers’ and Collectors’ Accounts -
Pa Workhouse Masters’ Forms Accounts

Relieving Officers’ Accounts -
THE NEW GENERAL ORDER AND INSTRUCTIONAL
LETTER RELATING TO ACCOUNTS, dated March
é 17th, 1847, for General Distribution among the Guar-
dians. By W.G. Lumuey, Esq. Barrister-at-Law,

and Assistant Secretary of the Poor Law Board
THE POOR LAW GUARDIAN; HIS POWERS AND
DUTIES in the right execution of his Office. By
W. C. Gen, Esq. of the Poor Law Board, Barrister-
at-Law. Second Edition - - - - cloth
ARCHBOLD’S POORLAW, comprising all the Authorities
to Trinity Term, 1857, with Forms, 9th Edition. By
Joon FREDERICK ARCHBOLD, Esq., Barrister-at-Law
General Order and Instructional Letter relating to the Binding

s.

28

of Parish Apprentices. (Dated Dec. 31,1844) per dozen 3

THE POOR LAW ELECTION MANUAL. By W. G.
Lumuizy, Esq., Barrister-at-Law, ‘and Assistant
Secretary of the Poor Law Board. Corrected to
February, 1855 - - - cloth
LAWES’ PUBLIC HEALTH ACTS, “with NOTES, TABLE of
RATES, and ANALYTICAL INDEX. By Epwarp
Lawes, Esq. Barrister-at-Law - Third Edition,
KEANE’S NUISANCES REMOVAL ACT for England, 1855,
with Analysis, Index, and Forms. By D, D. = Esq.
Barrister-at-Law

ARCHBOLD’S PRACTICE OF THE QUARTER SESSIONS.
Second Edition, cloth - a

 

16

d.

Aon

 

 
 

Under the Order of the Poor Law Board.

 

 

POOR LAW PUBLICATIONS-—continucd.

BULLER’S ACTS, 11 & 12 Victoria, cc. 82, 91, 110, 114, relating s. d.
to the PAYMENT of PAROCHIAL DEBTS, the AUDIT of
ACCOUNTS, the CHARGEABILITY of PAUPERS upon
UNIONS, and the EDUCATION of the INFANT POOR, with
PRACTICAL NOTES and INDEX. By Joun FREDERICK
ARCHBOLD, Esq. Barrister-at-Law 2 0

THE WHOLE of the NEW PRACTICE in POOR, LAW RE-
MOVALS and APPEALS, with a PRACTICAL INTRODUC-
TION and NOTES. By Joun FREDERICK ARAB EEE: Teas
Barrister-at-Law - 1 0

ARCHBOLD’S LAW RELATING TO EXAMINATIONS” AND
GROUNDS OF APPEAL IN CASES OF ORDERS OF RE-
MOVAL, with FORMS in all Cases which occur in Emchice:

By J. F. Ancugoxp, Esq. Barrister-at-Law. - - 6 0
GLEN'S ACTS Relating to the Poor, 1850, with copious Notes,
: by W. C. Guen, Esq. of the Poor Law Board 2nd Edition - 2 6

GLEN’S ACTS Relating to the Poor passed in the Session, 1851,
‘comprising 14 Vict. c.11; 14 & 15 Vict.cc. 39, 28, 47, 105, by
W. C. Gun, Esq. of the Poor Law Board, Barrister-at-Law - 2 6
GLEN’S ACTS RELATING TO THE POOR, passed in the Session
1852, by W. C. Gen, Es. of the Poor Law Board, Barrister-
at-Law - 2 6
GLEN’S ACTS RELATING TO THE POOR, passed in the Ses-
sion, 1853, by W. C. Baer ay of the Poor Law Board, Barris-
ter-at-Law - - s « s és = - 2 6
THE NEW LUNACY ACTS. The whole Law and Practice with
respect to Pauper Lunatics,— the Care and Treatment of Lunatics
in Asylums,—and Proceedings under Commissions of Lunacy,
with practical Notes, and Forms in all Cases in which they can
be at all required in Practice, with an elaborate Index to the
. whole Work. By J. F. Arncusoxp, Esq., Bartister-at-Law, cloth, 15 0
THE STATUTES in FORCE relating to the RELIEF of the POOR,
PAROCHIAL UNIONS, and PARISHES, collated with each
other; together with References to the Decisions of the Courts
upon each Statute, and an extensive Index. Brought down
to the end of the Session of Parliament, 19 & 20 Vict. By
W. C. Guen, of the Middle Temple, Barrister-at-Law, and of
the Poor Law Board - - cloth 21 0
THE LAW OF MASTER AND ) SERVANT i in regard to Domestic
Servants, Labourers in Husbandry, and Clerks. By Epwarp
Seize, Esq. Second Edition. By C. B. Clayden, Esq. Barris-
ter-at-law , - boards 3 6 |:
LUMLEY’S LOCAL BOARD OF HEALTH ELECTION MANUAL, i
By W. G. Lum.ey, Hea: yHasistant Besretary of the Poor Law (
Board - 4 0}.
A FULL REPORT OF THE GREAT CHURCH RATE CASE,
Gosling v. Veley, in the House of Lords, August 12th, 1853,
with the Opinions of the Common Law Judges. By W. Waxe-
rorp ATTREE, Esq. Barrister-at-Law, Recorder of Rye and

 

 

Hastings, and Assistant Tithe Commissioner - - - 7 64

 
 

 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane. |

 

 

POOR LAW PUBLICATIONS —continued.

THE CHARITABLE TRUSTS ACTS, 1853-1855, with Analysis,
Notes, and Copious Index. By W. Tipp Pratt, Esq., Barrister-
at-Law - - - 7 » 7 = . &

THE ACTS 9 & 10 Vict. c. 66, and 10 & 11 Vict. c. 33, Relating
to the Removal of the Poor; with Notes, and the Cases up to
the present time. By J. F. Ancuzotp, Esq. Barrister-at-Law.
6th Edition - a - * # * *

The ACT for the FURTHER AMENDMENT of the LAWS relating
to the POOR in England, with the other Statutes affecting
the Poor Law, passed in 1844; and the Statutes 8 & 9 Vict.
cc. 10, 117; and 9 & 10 Vict. c. 66, in an Appendix. By
Wititam Goxupen LuMLey, Esq., Barrister-at-Law, and First
Assistant Secretary of the Poor Law Board. Third Edition -

DALLENGER’S UNION CLERKS’ REGISTER of BASTARDY
ORDERS and APPOINTMENTS of Guardians of Bastards,
prepared by Joun DaLencer, Esq., late Clerk of the Plomesgate
Union - - - - . - - .

THE POOR LAW BOARD ACT, 12 & 13 Vict. c. 103, with copious
and Practical Notes and Index. By W. C. Gun, Esq, Barrister-

‘ at-Law - - - - - - . - - -

SHAW’S UNION OFFICERS’ AND LOCAL BOARDS OF
HEALTH MANUAL. Cloth, lettered. Edited by W.C. Gizn,
Esq. Barrister-at-Law - : - - - - - -

SHAW’S POOR LAW UNION AND LOCAL BOARDS OF
HEALTH ALMANACK. Edited by W. C. Gren, Esq. Barris-
ter-at-Law. Price, Plain, 1s. 6d.; Varnished, 2s.3d.; Varnished
in Frame, 7s.; Varnished and mounted on Cloth with Strainer -

SHAW’S DIARY, half bound : - - = =

Ditto, interleaved - - - ot : & fe

THE LAW of PAROCHIAL ASSESSMENTS, explained in a Prac-
tical Commentary on the 6 & 7 Will. 4, c. 96; wherein is
shown the proper mode of rating Tithe to the Poor Rate, and
the proper means of obtaining Valuations in Parishes, By W.
G. Lumuey Esq., Assistant Secretary of the Poor Law Board.
Third Edition | - - - - cloth

A POPULAR TREATISE ON THE LAW OF SETTLEMENT
AND REMOVALS.—By W. Gotpen Lumury, Esq., Barrister-
at-Law, and First Assistant Secretary of the Poor Law Board.
Second Edition -

MEDICAL OFFICER’S NEW GENERAL ORDER, dated
February, 1855 ; - per dozen

SUGGESTIONS to OVERSEERS with Reference to the Making,
Collecting, and Accounting for Poor Rates, especially in Small
Towns and Country Parishes, pointing out the means of avoiding
the difficulties and loss which are often experienced by these
Officers; including TABLES for the Ready Computation and
Checking of Rates a

By J. W. WOOLLGAR,—avpiTor OF THE LEWES UNION,
AUTHOR OF ‘‘SUGGESTIONS TO CLERKS OF UNIONS.”

ar

AR

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

 

POOR LAW PUBLICATIONS — continued.

HOTSON’S POOR LAW UNION and GENERAL READY 3s. d.
RECKONER, for calculating the Parishes’ Shares of the several
Classes of Union Expenditure, and the quantities of Provisions
allotted to the different Classes of Paupers by the Diet Table;
for ascertaining the corresponding prices per lb., stone, cwt., and
ton, and per stone, and per sack of Flour, or per loaf and per
score of Bread; for Making Poor Rates, Church Kates, Sur-
veyors’ Rates, and for general purposes; by W. C. Hotson,

M. A., of Lincoln’s Inn, Author of an Elementary Treatise on
Arithmetic and Algebra, and Auditor of a District of Unions in

Norfolk and Suffolk. Third Edition - - - - - 8 6
Ditto from 1s. 6d. to any amount Vol. II. - - - 8 6
THE POOR LAW GUARDIAN’S oo BOOK. By Puitip

DANVERS -

ARCHBOLD’S PARISH OFFICER, “qompraine the whole of the
present Law relating to the several Parish Officers in England.
Second Edition. By W. C. Gien, a Barrister at: -Law, and
of the Poor Law Board - - cloth 10 0

THE PARISH OFFICERS’ LIBRARY.
Enpirep By J. N. SPELLEN, Esq. BarrisTER-AT-Law.
THE CONSTABLES’ GUIDE AND DIRECTOR
THE OVERSEERS’ ASSISTANT - - -
THE CHURCHWARDENS’ ASSISTANT -
THE SURVEYORS’ ASSISTANT - .
THE VESTRY CLERK AND PARISH LAWYER - * «
These Treatises are written in a clear and distinct manner, divested of
technical terms, giving the whole of the Duties of the several Officers.
It will be absolutely necessary to order ‘‘SpELLEN’s Eprrion,” there
being other editions got up merely for sale, without any author’s
name attached, and wholly unworthy of confidence.

 

met pe
acoce

ASSISTANT OVERSEER’S APPOINTMENT. By W. G. Lumtey,
Esq., and First Assistant Secretary of the Poor Law Board,

ls, each, per quire 12 0
COUNTY RATE-CONTRIBUTION. Orders by Guardians on

Overseers for Payment of County Rate - - perquire 1 6
Ditto ditto in books 6 6
PARISH NOTICE BOOKS, someon containing

By J. L. JELLICOE, Esq. 100 each. 60.€

~ Be
2

1 Notice for calling a Meeting of Inhabitants to make a s

Rate for the necessary Relief of the Poor - - 4
Notices of Magistrates’ Allowance of a Poor Rate at

in the pound 4
Notice for calling a Meeting of the Inhabitants for mak-

ing a Church Rate . - 4

4

4

4

w

 

Notice for calling a Meeting of “Inhabitants to make a
Rate for the Repair of the Highways -

Notice of Magistrates’ Allowance of such Rate as

Notice of Vestry Meeting - ‘

aoe ° ° ok F
bo
mow wo a eet

an > oo
mms

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

 

BOOKS AND FORMS
REQUIRED UNDER THE

Public Health Acts, 1848, 1849, and 1851,

SgeTTLED BY W. C. GLEN, Esq. oF THE Poor Law Boarp,
BARRISTER-AT-LAW.

1. Notice of Election, for affixing on Church and Chapel doors. 48. per
quire of 24 forms. Also filled up with Name of District, Dates, &c.
' la. Notice of subsequent Election, 4s. Je quire of 24 forms,
Ditto, 150 filled up with name of District and Dates, 16s.
2. Notice of Qualification of Owner of Pruperty entitled to Vote. 3s. per
quire of 48 forms. , ;
2a. Notice of Qualification of Joint Stock Company entitled to Vote. 4s.
" per quire of 48 forms.
2b. Notice of Qualification of Corporation entitled to Vote. 4s. per
quire of 48 forms.
3. Appointment of Proxy by Corporation. 4s. per quire of 48 forms.
' 3a. Appointment of Proxy by Joint Stock Company, &c. 4s. per quire of
: . 48 forms.”
4. Form of Nomination of Candidates. 3s. per 100. 250, 78.3 500, 10s.
Silled up with Name of District and Dates. : Bar
5. Voting Papers. 4s. per 100. 250,73.6d.; 500, 10s. 6d. filled up with
Name of District and Dates. j
5a, Alphabetical List of Voters, 5s. per quire.
6. Collectors’ Books for entering particulars of having called for Voting
Papers and the Qualification of Voters. 2s. each.
8. Books to facilitate the Calculation of the Number of Votes given
to each Candidate. 2s. Larger size, 3s. each.
9. Certificate and List of Candidates and Persons Elected. 3s. per quire
of 48 forms, ; 5,
10. Notice to Party of being duly Elected Member of Local Board of
Health. 18. 6d. per quire. 6 quires, 8s. 6d. Jilled up with Name of
District and Dates.

10a. Notice of an Adjourned Meeting of Local Board, 1s. 6d. per quire of
24 forms.

105. Notice of an Extraordinary Meeting of Local Board, 1s. 6d. per quire
of 24 forms.

11. Declaration to be made by Elected or Selected Member of Local Board
of Health before acting. 4s. per quire of 48. forms.

12, Common Lodging Houses Register. Super-royal, 104 by 13 inches,
bound in half-vellum, 1 quire, 10s. 2 quires, 16s,

 

 
 

 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

BOOKS and FORMS — continued.

25. Notice to be sent to the Keepers of Common Lodging Houses.
3s. per 100. . :

30. Tickets of Number of Lodgers in each Room in Common Lodging
House. 5s. per 100.

31. Daily Register of Lodgers for 1 year, in Books strongly half-bound, 5s.

32. Weekly Return of Lodgers, 3s. per quire.

13. Slaughter Houses Register. Super-royal, 104 by 13 inches, bound tn
half-vellum, 2 quires, 16s.

14. Register of Mortgages. Super-royal, 104 by 13 inches, bound in half-
vellum, 2 quires, 16s.

15, Register of Transfers of Mortgages. Super-royal, 10% by 13 inches,
bound in half-vellum, 2 quires, 16s. ‘

16. Registerof Nuisances. Medium folio, bound in half-vellum, 20s.

16a4.Ditto. Another sort, 20s. :

17. Board Minute Book. Sup. taid demy folio, bound in calf, 5 quires,
238.; 6 quires, 24s. 6d.; 7 quires, 27s.; 8 quires, 29s. 6d.

17a. Minute Book and Jowrnal (Form A. in Bye=-Laws) 1/. 10s. each.

17b. Letter Book, 16s.

22. Board Ledger. Sup. laid demy folio, bound in calf, 5 quires, \t.3s.;

4+ + 6 quires, 11. 68.; 7 quires, 11. 9s.; 8 quires, 11. 12s.

22a. Ledger (Form B. in Bye-Laws) 1!. 5s. each.

23. Treasurer’s Account Book. Sup. laid demy folio, bound in calf, 5
quires, 11. 38.; 6 quires, 1l. 6s.; 7 quires, 11. 9s.; 8 quires, 1d. 123.

18. Special District Rate Book. Super-royal, 64 by 10 inches, half-
bound cloth,1 quire, 650 names, 4s. 6d.; 2 quires, 1330 names, 6s. ;
-3 quires, 2000 names, 8s. ° ™

18¢e. Ditto. 10% by 13 inches, half-bound cloth, 1 quire, 1575 names, 6s. 6d.;

: 2 quires, 3350 names, 10s.; 3 quires, 5000 names, 14s,

18a. General District Rate Book. Super-royal, 64 by 10 inches, half-bound
cloth, 1 quire, 650 names, 4s. 6d.; 2 quires, 1330 names, 6s. ; 3 quires,
2000 names, 8s.

18f. Ditto. 10} by 13 inches, half-bound cloth, 1 quire, 1575 names, 6s. 64.5 |
2 quires, 3350 names, 10s.; 3 quires, 5000 names, 14s. f

24. Ditto. Another sort,—Drawn by JAMES DEATH, Esq. Clerk to the
Local Board of Health for the Cheshunt District. In Books of
1 quire, 128.; 2 quires, 16s.; und 3 quires, 20s., strongly half-bound.

18b. Private Improvement Rate Book. Super-royal, 6% by 10 inches, half-
bound cloth, 1 quire, 650 names, 43. 6d.; 2 quires, 1330 names, 63. 5
3 quires, 2000 numes, 83.

18g. Ditto. 104 by 13 inches, half-bound cloth, | quire, 1575 names, 6s. 6d.;
2 quires, 3350 names, 10s. ; 3 quires, 5000 names, 14s.

26. Private Improvement Rate Collection Book. 1 quire, 650 names,
4s. 6d.; 2 quires, 1330 names, 63.; 3 quires, 2000 names, 8s.

18¢. Water-Rate Book. Super-royal, 6% by 10 inches, half-bound cloth,
1 quire, 650 names, 4s, 6d.; 2 quires, 1330 names, 6s.; 3 quires,
2000 names, 8s. ! 5

Cc

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

18h.
18d.

27.

28.
28a.
29.
1a;
20.
21.
34.
35.
36.
37.
38.
40.
41.
42,

43,
44,
45.
46.
47.

48,
49.

55.
56.
57.

58.

59.
60.
61.
62,

63.
64.
65.
66.

BOOES and FORMS — continued,

Ditto. 104 by 13 inches, half-bound cloth, 1 quire, 1575 names, 6s. 6d.;
2 quires, 3350 names, 10s.; 3 quires, 5000 names, 148.

Receipt Check Books for ditto of 200, 1s. 4d.

Collector’s Notice of having called for Rates, in Books of 200,
ls, 4d.

Notice of Rate.

Notice of Audit, ls. 6d. per quire of 24 forms.

Collector’s Account Book.

List of Rate Defaulters. 33. per quire of 24 forms.

Seal of Local Board of Health. 16s. and upwards.

Maps of City, Town, &c.

Bond for Treasurer, 6d. each.

Ditto for Collector, 6d. each.

Receipt and Payment Book (Form C. in Bye-Laws) 16s.

Treasurer’s Pass Book, 4s. 6d.

Ditto Check ditto, Order to Pay, in books of 100, 4s.

Notice to Occupier of Amended Rates, 2s. 6d.

Demand Note, in books of 100, 2s.

Collecting and Deposit Book (Form F.in Bye-Laws) in books of

1 quire, 5s. Od.

Ditto ditto 2 4, 17s. 6d.

Ditto ditto 3 4, 9s. Od.

Collector’s Weekly Statement (Form .G. in Bye-Laws) 33. per
quire of 48 forms.

Collector’s Unpaid Rate Statement (Form H, in Bye-Laws)
3s. per quire of 48 forms,

Surveyor’s Weekly Account (Form D. in Bye-Laws) 33. per
quire of 48 forms.

Surveyor’s Certificate for amount due to Contractors for works
performed, in books, 5s.

Inspector’s Weekly Account (Form E. in Bye-Laws) 38. per quire
of 48 forms. ~

Inspectors Complaint Book, 8s.

Contract and Bond for Supply of Goods, 8s. per quire.

Ditto ditto for Works, 14s. per quire.

Complaint or Information, 3s. per quire.

Summons to Defendant, 3s. per quire.

Conviction for a Penalty to be levied by distress, and in default of
sufficient distress, imprisonment, 3s. per quire.

Conviction for a Penalty, and in default of payment imprisonment,
there being no goods on which to levy, 3s. per quire.

Warrant of Distress, 3s. per quire.

Warrant of Commitment for want of distress, 3s. per quire.

Notice of Non-Registration - - < é

Notice of Non-Registration (newly established
Slaughter-houses) 7 - =

u Z - - | per quire,
Certificate of Registration - - - each 38. Od.
Notice of diseased or unsound Cattle - | 48 forms.

Notice to Occupier to Repair - -
Notice to cleanse Slaughter-house
s

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

 

 

67.

“84,

85.

86.
87.
88.
89.
90.

91.

BOOKS and FORMS—continued.

s

Mortgage of Rates and Transfer of Mortgage, parchment, each 1 0

Notice of Accumulation of Manure by inspector
of Nuisances, s. 59 - - = -

Notice to abate Nuisance of overflowing Water-
closet, Privy, or Cesspool, 8.59 -

Certificate of Filthy House by the Officer of
Health or two Medical Practitioners, s. 60.

Certificate of unwholesome House by ditto,
ditto, s. 60

Notice of the Board of Health on Medical Cer-
tificate, s. 60 -

Notice of intended Sewer through Private Cand,
8.55 - - 5

Notice to construct Tivaia. s. 49

Surveyor’s Report on Notice to construct Drain

Notice to provide a Watercloset, 8.51 - *

Ditto ditto ditto ina Factory, s. 52

Application as to offensive Drain or Privy, s. 54.

Notice to cleanse Ditches, 8.58 - : -

Notice to remove Manure, Dung, Soil, Filth, or
other, offensive or noxious Matter, s. 59 -

Notice to remove Pigstye, s. 59 - -

Notice to remove Waste or Stagnant Water, 8. 59

Notice of the Local Board of Health.in case ol
the occupation of Vault, Cellar, or underground
Room whatever, first let or occupied subsequent
to the passing of the Public Health Act, s. 67

Notice of ditto, ditto, after the expiration of six
months from the date of the Application of the
Public Health Act to the District, s. 67 -

Notice of Local Board of Health on owners or
Occupiers of Premises fronting, joining, or
abutting on Streets not being Highways, and
not sewered, levelled, paved, flagged, and chan-
nelled, to the satisfaction of Local Board, s. 59

Order of Local Board declaring Expenses to be
Private Improvement, s. 69 - =

Notice of Local Board declaring Street High-
way, s. 70

Notice to Owners to raise, sink, or alter ives siti
tion of Water or Gas Pipes, &c. s. 7]

Notice to Local Board hetore jaying out a new
Street, s. 72 -

Notice to be given by Local Board of Health bee
fore laying down Waterworks, to any Water-
works Company established for supplying
Water within the limits of the District, 8.75 -

Surveyor’s Report where Water may be supplied
at a rate not exceeding Twopence aeWierk,

 

s. 76 - - - J
ce

per quire,
+ each 3s. Od.

48 forms.

\

.

 

 
 

 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

92.

93.
94,
95.

96.

97.

98,
| 99.
100.
Ol.
102.

1103.

oa.

 

 

 

 

BOOKS and FORMS-— continued. a a

Notice of Local Board to Occupier when Water )
can be supplied at a rate not exceeding Two-
pence a-Week,s.76- - - aed -

Notice of Fouling, &c., Water belonging to or
under control of Local Board, s. 80 a -

Ditto Waterworks belonging to Local Board
from Gas Washings, &c.s.80-  - - -

Notice to Gas Proprietors, &c. in the event of
‘Water supplied by or under control of Local
Board being fouled in any manner by Gas, s. 80

Notice of Local Board’s intention to examine Gas
Pipes to ascertain if Water is fouled by Gas,

s. 80 - - - - - ‘= | per quire,

Notice of Certificate of General Board of Health > . euch 3 0
closing Burial Grounds, s. 82 - - 48 forms.

Notice offering Composition for Rates, s. 95 -

Information of Complaint . -

Summons --~ - - . - -

Warrant of Commitment for want of Distress - |

Warrant of Distress upon Conviction for a
Penalty - - -

Conyiction for a Penalty to be levied by Distress,
and, in default of sufficient Distress, Imprison-
ment 7 : : - - on

Conviction for a Penalty, and in default of Pay-
ment, Imprisonment (there being no Goods on
which to levy Distress)

 

 

PUBLIC HEALTH ACT, 1848.

Application to Local Board to cause Surveyor to enter Premises, to
examine Drains, &c., s. 54.

Order of Local Board to Surveyor to enter Premises, to examine
Drains, &c.

Notice of Surveyor to Occupier of intention to enter Premises to
examine Drains, &c. ;

Order of Local Board upon Owner or Occupier to execute Work, &c.

MAGISTERIAL FORMS.
Complaint of Non-payment of Local Board of Health Rate, s. 103.
Summons upon the Complaint.
Warrant of Distress.
Order for Payment, and in Default, Distress and Sale of Goods, or
Imprisonment.
Warrant of Commitment in Default of Distress.

 

 

 
 

 

 

 

Books and Papers published by SHAW & SONS, Feiter Lane.

 

 

BLANK PRECEDENTS,

UNDER THE NUISANCES REMOVAL ACT, 1855.
18 & 19 Vict. c. 121.

_A, — Order of Justices for Admission of Officer of Local Authority to in-
spect Private Premises.

A. 2. Order of Justices where no one in Custody of Premises.
3. Notice of Nuisance to Owner or Occupier by Inspector of Nuisances.
4. Notice of Nuisance to Owner or Occupier by Sanitary Inspector.
Notice of Nuisance.
Notice to Owner or Occupier of Entry for Examination of Premises.
Complaint. Existing Nuisance,
Summons. Existing Nuisance.
~ Complaint. Recurring Nuisance.
2. Summons. Recurring Nuisance.
Complaint for preventing Execution of Works.
. 3. Summons for preventing Execution of Works.
E. Order of Justices for Removal of Nuisances by Owner, &c.
E. 2. Ditto with Prohibition, when the same is likely to recur on the
Premises.
E. 3. Ditto prohibiting renewal of Nuisance removed before the Complaint.
F. Order of Justices for Removal of Nuisances by Local Authority.
F, 2. Ditto with Prohibition, when the same is likely to recur on the
Premises.

ge cuPeastt

F. 3, Ditto prohibiting renewal of Nuisance removed before the Complaint.

G. Order to permit Execution of Works by Owners.
H. Summons for Non-payment of Costs, Expenses, or Penalties, s. 20.
iy Order for Payment of Costs, Expenses, and Penalties. —
K. Warrant of Distress. $
K. 2. Warrant of Commitment.
L. ° Return of Proceedings under Nuisances Removal Act, 1855,—in
| books of 1 qr. 2 qrs. and 3 qrs.

M. Ditto, loose.
N. Rate book; 1 qr. 2 qrs. 3 qrs. 4 qrs. 5 qrs.
P. Certificate of over-crowding House.
T Presentment Book of Complaints, hf.-bound, royal.
U. Inspector of Nuisances Report Book.

4

GF Workhouse School Books supplied at the Poor Law
Board Prices. '

 

 
 

 

Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

 

BURIAL BOARDS BOOKS AND FORMS,

DRAWN UNDER THE

NEW BURIAL ACT.

1. Notice of Vestry Meeting to consider the ae
viding of a Burial Ground
2, Transmitting Copy of Resolution of Vestry to Dey are,
provide Burial Ground to Secretary of State (ag Forms
3. Requisition to convene Meeting to provide
Burial Ground - - - -
17. Requisition to convene Ordinary, &c. Meeting of Members
per quire
18. Notice of Ordinary, &c. Meeting of Members -
19. Notice of Members of Burial Board to Overseers of the Poor
to pay Contribution from Poor Rates, with Counterpart,

in books . - - - each
20. Yearly Statement of Auditors : - ” - per quire
4. Minute Book, bound in calf and lettered - - - a
5. Cash Book, bound i in calf and lettered - - -
6. Register of Burials, drawn embodying the requirements of
the Act of Parliament:—1 qr. 400 Names - - -
” ” 2 qrs. 800 »” = a
96 ie 3 qrs. 1200 _,, a
5 ‘7 ‘4 qrs. 1600 , - cs i:
a ”» 5 qrs. 2000 ,, -
iss mn 6 qrs. 2400 ,, - - -
” ” 7 qrs. 2800 ,, a a
i 5 8 qrs. 3200 __,, - -
” ” 9 qrs. 3600 , = a *
10 qrs. 4000 -

oe The Register of Burials may be had of any size to Onpzr, and the
Name of the Burial Board printed in where required without extra charge.
It may be also printed on vellum or parchment,

11. Index to the Register of Burials, in calf and lettered - -
7. Ledger, bound in calf and lettered - = - Wo! Se
8. Certificates of Burial, in Books of 100 - - -
9. Letter Book, bound in calf and lettered - wi -

10. Contract and Bond for Works - -

21. Book for Entry of Copies of Contracts made by Burial Board

each
22. Book for Entry of Fees Received and Paid for. Burials, &e. -
Ditto ditto ditto -
800 Grave Spaces -
12. Register of Public Graves in oa » wm 7
Consecrated Ground - - a BO .
3200 ” ” = -
4000,

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£
0

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3

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Books and Papers published by SHAW & SONS, Fetter Lane.

 

 

 

 

BURIAL BOARDS BOOKS AND FORMS —continued.

£ 8.

4800 Grave Spaces - 0 16

13. Register of Public Graves in } 100 »  » - -1 2

Unconsecrated Ground 2400» ” *b 8

3200 ,, “ -114

4000 _——=», 49 20

800 Grave Spaces - - 016

14, Register of Private Graves in 1600 no 1 2

Consecrated Ground - 2200: toy a ele 8

3200 ” ” 114

4000, Scar: Tene

800 Grave Spaces - - 0 16

15. Register of Private Graves in an ae ” ;
Unconsecrated Ground ma ws a

Tun 3200 ,, - 114

4000 ,, 5 2 0
@® The 5th Regulation of the Home Secretary requires that every Grave
Space shall be registered. The Sections and Numbers, as drawn on the plan,
on be printed in and bound in a volume for reference by order of Shaw and

ons.

16. Register of Transfer of Private Graves - - - 0 16

23. Ditto of Purchased Graves - - - - 111

24, Ditto ditto - - - - -1loil

25. Form of Mortgage of Poor Rates Parchment, each 0 1

26. Form of Conveyance of Land - - - -o l

27. Form of Conveyance of Land on Chief Rent =O J

28. Form of Grant of Exclusive Right of Burial, on parchment,
and bound extra strong, 50 with Duplicatesto be retained? 2 2
by Burial Board, printed with Name of Board, &c. -

Ditto, 100 ditto - - - - 3:13

Ditto, 250 ditto - - - - - -6 6

29. Notice to Burial Board of intended Interment - perl000 4
Ditto ditto printed with Name of Burial Board

per 250 0 10

30. Summons of Special Meeting of Burial Board by two

Members < - - - - perquire 0 2
31. Book of General Beceipts by Burial Board, not being inter- 2
ment Fees, in Books of 250, with Name of Burial Board §
32. Books of Receipts for Fees paid, with counterpart to be i
retained by Burial Board, printed to order - — - S

 

Seals for Burial Boards.—Specimens may be had on application.

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cocoano

°

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STATIONERYW.
. Draft. s
Letter. LAID AND WOVE. &
B. Superfine - - - - - - perream 11
C. Superfine Extra - - - - - a 12
Brief.
B. Fine Laid - - - - perream 15
E. Superfine Laid extra - - - - iy 22
F. Water Lined, 36 - - ” 22
R. Water-lined Foolscap - - - - - Bs 24
Post Letter Paper.
A. Superfine large Thick Laid - - - perream 15
E. Ditto Wove - 35 15
F. Ditto Thin ditto ~ = g. os 12
K. Ditto Cream Laid 2s a2 “4
Small Post.
H. Superfine Thick Laid - - -.perream 12
I. Ditto Wove - - ” 12
L. Ditto Thin Yellow Wove - - as 11
. M. Ditto Thick Satin es - - ie 6 ll
N. Yellow Wove - - - - ‘5 6
' P. Superfine Cream Laid - - - rn 12
Note Paper.
Superfine large Thick Laid - - - - perream 8
Ditto Wove - - - . is 8
Ditto Thin, ditto - - a = 4 3 5 6
Ditto Cream Laid - « a < * 7 7
Miscellaneous Papers,

White-brown Small Hand  - - perream 4
Brown Paper cee cp) for packing parcels - - - # 13
Imperial Brown - - - - - ay? 8Y
Superfine Cartridge Royal - - - i o Ss 36
Superfine Cartridge Imperial - & - z ss 46
Very best Hand-made Blotting - = ss 22

Patent White Wove, of considerable strength and dine
bility, per quire, 2s. 6d. - ms 5 45
Patent Salmon Wove, per quire, 3s. 6d. - - . 7 33 65

The Blottings last-named are the best yet introduced; they are very strong,
and yet absorb the ink much more readily than the cheaper sort,
*,* All those Papers marked Superfine (Copy excepted) are the very finest
Papers that can be procured.

Oil Papers, quarto ° - . - - per dozen 5

Ditto, folio - - 7 <

”

9

SRACAD

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STATIONERY—continued.

Pens and Quills.

Tied in small Red =
” ” Blue = =
» Green - 2 ms
» Orange and Blue 5
»» Pink and Green
» Pink - S <

» Purple and Yellow - -

» Pink and Green, full

» Orange and Blue, full

» Pink and Purple, full - -
Pink, full - -

Office Pens, per 100, 2s., 2s. 6a, 33., 4s. “6d.

Metallic - - i

Letter and Invoice Files or Clamps

” 4 ”

7 Clips - 6
Office Bags, large blue, lined = - :
” smi ” s ”
5 large crimson, lined - -
is small ov -

Sealing Wax and Wafers.

 

Best Wafers - . : =
Extra Superfine London Red and Black -
Ditto ditto ditto Embossed -
Second Quality, Plain - - - -
Fancy Coloured and Gold Spangled - - -
‘Wafer Stamps.

Pencils,

From 3s. 6d. to 8s. per Dozen.

 

Ink.

Extra Superfine Writing, Black -
) In Bottles 6d., 1s., and 2s.
Register Ink - - = - <

Stephens’s Fluid in Bottles at 6d., 1s., and 3s.

Red Ink in Bottles 6d., and 1s.
Copying Ink - a

ete top oe eee

- per

gross

foolseap
post Ato
foolscap 4to
each, 8d. to

each

- per gallon

- per quart
Shaws’ Poor Law Union Stamping Ink, in Bottles, 5s. each.
Shaws’ Poor Law Union Stamping Red Ink, in Bottles, 5s. each.

Op an

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Row

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WINMNWOMWMYNYe &

eoooonmooaner &

wound

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|

 

 

STATIONERY—continued.

Inkstands.
8 a.
Large - - = - -- + 1 6
Small - - : - - 1 3
Loggerhead.
Large - - - - - - 4 6]
Middle - z é S - 38 6
Small - - - - 3 0
Loggerhead with Plates.
Large - - 2 + 7 6
Middle - - - 6 6
Small - 3 “i - 5
Chest.
Large - - - - - - 9 0
Middle - - - - - - 8
Small - - si = - 8 0
Cabinet.
With Two Drawers - - - 9 0

 

 

THE GLASS CONE INEKSTAND
IS THE MOST ECONOMICAL EVER OFFERED TO THE PUBLIC.

It presents so small a surface of Ink to the atmosphere, that no evaporation
jtakes place, and the Ink is always fresh to the last.

Price 3s., 2s. 9d., 2s. 6d., 2s., 18, 9d., 1s. 6d., and 1s. 3d.

 

 

 
 

 

 

 

STATIONERY—continued.

 

Pink Tape, &c. 3.
Broad, No. 32 “ = ws a « - per dozen . 3
Middle, No. 24 e 2 es As . a 2
Narrow, No. 16 2 = 2 : - - » 1
Green Silk Ferrett s - = -  perroll 6
Silk Cord - - - - - per skein
Elastic Bands - a < < - per bo
Needles - - 2 Ss 2 re x , per doz.
Pounce - = Z s Z < - - per packet
Leather Straps.
Indian Rubber.
Bottles, Extra Superfine - - - : - perlb. 6 0
Bottles, Seconds - - - - - - * ai gg EE
Patent Squares - - - * - 2 #4, b-0
Ebony Rulers.
Round and Flat, 9, 12, 15, 18, and 24 Inches.
ENVELOPES.
1 Envelopes for large Quarterly Abstract per 100 8 O
2 ia for one Letter to Poor Law Board - mt ogy 4 0
3 + for several Inclosures - - - 3 ey 5 0
4 A for one Letter to Registrar-General  - =o» 4 0
5 ” for one Letter, plain - - - - ot 40
6 ws for several Inclosures - * se 5 0
7 3s handsomely: engraved with Arms directed to
Poor Law Board - - = 2 ati 5 0
8 * ditto to assistant ditto, for weekly returns to
Poor Law Inspector - - - Ss 5 0
Per Thousand.
3 Note . 3. Letter |
61Ze8. 81Ze8.
sd 8.
Superfine - - - - - e S - - 4.0 5
Superfine Middle- ~- - - - - - - 5 0 6
Extra Superfine - - - - - - - - 60 8
Extra Satin (very superior) - = a - = - 7 6 9
Extra Satin Cream Wove - - - - - - 76 9
Extra Thick Enamelled - - - - - - 8 6 M11
Cream and Blue Laid - - Ss = - 8 6 11
‘Whatman’s (Turkey Mill) Extra ThickCreamandBlueLaid 11 6 14
Whatman’s (Turkey Mill) Demy Cream and Blue Laid - 14 0 16

Envelogies lined with Cloth at very reduced Prices.

anowo™

ececooeoanoaankr

 

 
 

 

STATIONERY—continued.
Stationery Cases, of Polished Mahogany or Oak.

No. 1, with secret drawer, lock, and key, &c., to hold foolscap s. d.
and letter papers, envelopes, wax, &c., and fitted with pen-

tray and inkstand - - - - 35 0
No. 2, for large letter paper, envelopes, &c., &c. - - 24 0
No. 3, for small letter paper, envelopes, &c., &c. - - 15 0

Sufficient paper, envelopes, &c., to fill the above cases, of the best
quality, would be respectively about 21s. 6d., 14s. 6d., and 10s.
*,* These Stationery Cases are admirably adapted for presents.

LETTER SCALES AND BALANCES.

It being contemplated by the Post Office authorities not to carry any
letters but such as are prepaid, it is suggested that all persons should
- provide themselves with the means of weighing their letters. These Scales
and Balances are recommended for simplicity and accuracy of construction ;
with fair usage they will never get out of order, and they are lower in price
than any Machines or Scales yet introduced.

  

Scales to weigh 160z. 15s. Improved Balances, 17s. 6d.

 

per pair and upwards. and upwards.
; Letter Cages. igi 2d:
2 Divisions, with Drawer and Date Box - - - each 8 6.
i without Drawer and Date Box - ee eps 5 0
| Cash Boxes, _ :
With Patent Locks, Japanned and Gilt, with Divisions for Notes,
Gold, Silver, and Copper.

8 inches by 5 - - - - wt “ - 7 6
Vir ay by Sie ee et ee Spt a - 9 0
Japanned Deed Boxes,

With Patent Tumbler Lock.

14 inches by 10 by 10 — - - < a a - =4it €
18 ” by 124 by 14 = = ry = = - 18 0
24 ,, by 16 by 17 - - - - - - = 22 0

Ebony Pen Trays.
2s. 6d. each.

 

 

 

 
 

 

 

 

STATIONERY—continued.
String or Tape Winders,

 

With fixed Knife.
2 Patterns, 2 sizes in each Pattern s -, - 58. 6d. and
String Boxes.
1b. - - E 5 7 * . - - - each
4lb. = : . a is = Bd
4b. e = ° = = = ”
Ebony Fen Racks,

2s. each.

Spring Taper Stands,
2s. each.

Japanned Date Boxes,

2s. 6d. each,
Paper Weights.

Bronzed Paper Weights, brass fist - .  » 44 inches by 24
” eo 3 e 6 »  by3
is . lionknob - - -45 ,, by 2h
» ” » - 6 » by 3
= ine brass acorn knobs: - - 44 4, by 23

- 6

a. » », » by
Lady’s Hand Paper Weights - 7 - S é 3
Bird Paper Weights -- - = - i <

 

Guard Books.
Slates and Pencils.
Office Pen-Knives, Scissors, and Erasers.
Paper-Knives.

Memorandum Books,

Plain, or ruled in Marble Paper or Leather Covers, from. 6d. to 2s. 6d. each.

Prices of Prime Parchment, per Roll of Sixty Skins.

Inches. Inches. & da
28 y 32 i 2 - -
26 — 30 od : = 2 - =
25 — 29 - - -, = = -
24 — 28 - a “ = a -

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STATIONERY-—continued.
Register Books for Churches and Chapels.

‘ Ve
BAPTISMS, BURIALS, AND BANNS OF MARRIAGES :— lettered, wt

ring Backs and
PRINTED ON PAPER: FORRIL. CALF. Soint Clasps.
£a a. & ds £ead
No. 1, sufficient for 800 entries - 013 0 1 2 0 2 0 0
2, a 1600 ,, 019 0 17 0 3 0 0
3, a 2400 ,, 15 0 113 0 315 0
4, a 3200 ,, 112 0 20 0 410 0
5, a 4000 _ ,, 119 0. 2 60

*,* The folios and numbers printed throughout.

Certificate Books for Ditto.

a de
Baptisms, containing 100 Certificates - - 5 0
Burials, ditto - 5 0
Marriage ditto is 5 0

Banns of Marriage,
Ato. size, printed on superfine Laid Demy Paper, and bound in Calf.

8s. da,
300 Entries a. 8 - - 7:0
600 ditto - - - 12 0
1000 ditto : - - 18 0

 

SHAWS’ LEVER SEAL PRESS.

THE LEVER SEAL Press, of which
we here give a Drawing, will be
found a very ingenious invention,
and one of great utility.

To Seal a Document, the Lever
has sifnply to be brought down,
and a perfect impression of the Seal
of the Union or Corporation is
given, almost without pressure, and
with the utmost despatch.

A Srez._Die made to parties’
order, anda Marrrx, are fixed in
the Press, and the cost of the whole
inclusive is.42s. The size of the Press, 94 inches by 34 inches, renders it
perfectly portable.

Ditto, ditto, Lilliputian, 40s.

Messrs. 8. & S. can recommend their Lever Presses with confidence, as
eminently adapted to the end desired, and effecting considerable saving of
time and trouble. Their Lever Presses ate so constructed, that the Die can
be taken out and any other Die substituted.

 

 

 

 
 

 

 

SHAW AND SONS’
LAW AND COMMERCIAL MANIFOLD LETTER WRITER
FOR PRODUCING LETTERS AND COPIES AT ONE OPERATION!!

Tats Mantroup Lerrer Writer—possessing all the qualities of the
best that are made—has the additional very important advantage of being
little more than half the price of the cheapest! It is capable of pro-
ducing—aé one operation—a LeTTER, with Dupiicates and Copy.

Full directions for use are given with each book.

LIST OF PRICES. s. da,

No. 1.—Small Post Letter-size, neatly half-bound - - 7:0
» 2.—Large Post ditto , ditto - - - 8 0
» 3— Ditto ditto embossed roan - 8 6
» 4— Ditto ditto ditto with lock and key 10 0
», 6.—Foolscap-size, half-bound i . i “ «12 0
» 6— Ditto embossed roan - - - - - 13 6
on Ditto ditto with lock and key - - 15 6

Extra Thick Copying-Books, half-bound, for Solicitors and others,
made of each size.

 

MORDAN’S EVERLASTING PEN,

Made of Gold,

Tipped with native alloy, which is as much harder than Rhodium as steel
is harder than lead; will endure longer than the Ruby; yields Ink as
freely as the Quill, is as easily wiped, and if left unwiped, is not corroded. ||

Many of these elegant Pens have been in constant use for TWELVE YEARS,
-without the least sign of beginning to wear.

 

£38 d.
A Writing Pen to fit into an ordinary Handle - - - 100
A ditto in a Silver Holder for the Pocket - - - - 150
A ditto with Mordan & Co.’s Ever-pointed Pencil - - 110 0
A ditto ditto, with reserve of Leads - - - - - 112 0

 

 
 

 

 

 

COPYING MACHINES.

Great Reduction in the Price of Copying Machines.
Warranted of the best London make.

 

 

 

 

 

SECOND QUALITY. BEST QUALITY. : a
‘ : Ditto, with] Appen- [Damping

‘Press onl, Ditto, with Press only. Mahogany dages.
sf Stand. | French > complete,

2 polished.

£5. a/£ 5 a[£ 8 ad.) £5. d}£ 8. a|£ 8. a.
Large Quarto - -13 83 0/6 0 OF 4 4 0/717 630 7 6|016 O
Foolscap - -|{4 56 0/7 7 04512 o|9 8 of012 641 0 9
Folio - -- -]612 0/815 0f618 6{11 0 ofo12 9/1 8 8

 

 

 

 

 

 

 

These Presses are made with that mathematical nicely, that only one-fourth of the
pressure is required to obtain a perfect Copy, consequently no fracture can take place.

 

 

 

 
 

 

 

COPYING MACHINES—continued.

*,* Although the before-mentioned prices are little more than two-thirds of those usually
charged, yet the Presses, from the great accuracy of their surfaces, being of the
best London make, are warranted to produce a perfect Copy, and with only
one-third of the force usually required. The second quality Presses are not
quite so well Japanned, neither are the Surfaces made so accurate, being

only Planed over once; nevertheless, to those who look at price, this is a
good and substantial Article.

All Copying Presses offered under these Prices are of BrrMINGHAM or |:
other equally worthless manufacture, and are not: intrinsically worth more
than the price of old iron. Gentlemen are particularly cauTIONED
| against the deception of under-priced Machines, as their use cannot but be
attended by continued disappointment and annoyance, arising from the
utter valuelessness of their make, which may be glaringly seen in the tortuous
motion of the fall of the Plate, the inaccuracy of surface, being but half
planed, and the consequent total absence of all equality of pressure, by
which one-half of the letter never appears upon the Copying Paper at all,
or is So feint as to be totally unintelligible; whilst the Arm and Fly of the
Press are so taper as almost to invite fracture with the most ordinary pressure. .

COMBINATION COPYING AND SEAL PRESSES.

S. & S. beg to announce that they
have succeeded in the invention and
manufacture of a-Machine, combining.
the purposes both of a Seal or Em-
bossing Press and a Copying Press.
This desideratum is accomplished with
but little extra cost beyond the price |
of either of the Machines in ordinary
use, whilst, in every case where space is
an object, this junction of the utility
of two presses, which have hitherto been met with only under separate
and distinct forms, will be found to recommend itself by its excellence |
of principle, simplicity of construction, and economy of expense.

 

 

 

Copyi Ditto, with
a Mahogany Stand, Appendages.

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BULLEN’S PRACTICAL TREATISE on the
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THE LAW. RELATING TO RIOTS and UN-
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THE HISTORY of the ROMAN EMPERORS,
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A PRACTICAL ANALYSIS of the TRUSTEE
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SUGGESTIONS FOR THE ESTABLISHMENT
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