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Time of appealing.

appeal against a poor rate, may differ from that which in every other case is required, inasmuch as they are not bound to quash the rate, or dismiss the appeal, but may amend the rate in such particulars as they may think require alteration. They were, indeed, allowed to amend in some repects under 43 Eliz. and 17 Geo. 2. as in case of mere obvious errors of form; or by reducing the rate of the appellant where he was individually overcharged. (h) But they had no power to amend by inserting the names of any persons improperly omitted, or extending the rating of persons named; and the reason was obvious; that, if the justices could so amend, they might affect the rights of parties who were strangers to the appeal, and who had no opportunity of being heard. The statute 41 Geo. 3. c. 23. s. 6. therefore, which enables the Court to amend by altering the ratings of third persons, requires that notice should be given to all persons interested in the event, and gives to such persons the opportunity of appearing and being heard at the trial of the appeal. If such notices have been given, the Court may now, therefore, in their discretion, amend the rate as to the rating of such parties, as well as to that of the appellant, or they may quash it. Whether they shall amend or quash is a question for the discretion of the bench; in general, where the errors affect only the individual ratings, they will amend; but where they affect the general principle or proportion of the rate they ought to quash, as they have no power to make a new rate in the room of that which is the subject of appeal.

§ 6. OF APPEALS AGAINST THE APPOINTMENT OF

OVERSEERS.

The Court of Quarter Sessions have no original jurisdiction over the appointment of overseers of the poor; but they have a jurisdiction, by way of appeal, by 43 Eliz. c. 2. s. 6. and 17 Geo. 2. c. 38. which give a right to "any person or persons aggrieved" by the appointment to appeal to the next Quarter Sessions whose jurisdiction extends over the place for which the appointment is made. The right of appealing is, therefore, given not only to the party appointed, but to the parishioners who may appeal on any ground of unfitness in the party appointed, as, if he be insolvent. (i)

it was at one time doubted whether the appeal ought

(h) The King v. Cheshunt, 2 T. R. 623.
(i) The King v. Forrest, 3 T. R. 38.

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to be to the next practicable Quarter Sessions. The statute 43 Eliz. gives it " to the Quarter Sessions" generally; that of 17 Geo. 2. "to the next General or Quarter Sessions; and the question was, whether the latter repeals the general provision, and substitutes a restrictive right in its room. (j) But it is now settled that the latter statute operates as a repeal of the former, and that the appeal must be to the next practicable session. (k)

At the trial of the appeal, the parties may go into Trial of appeal. evidence of whatever can shew a want of jurisdiction in the magistrates making the order, or expose the impropriety of their choice. (1) In determining the appeal, the sessions have a right to exercise the same latitude of discretion in judging who are fit to be nominated as the two justices had in making the original order; they are not bound to assign any reasons for their decision; but if they assign their reasons on the face of the order, and these are entirely insufficient in law, it will be quashed by the Court of King's Bench, on removal by certiorari. (m) The mode of trial and decision is regulated by the same rules with those which prevail in appeal against rates.

7. OF APPEALS AGAINST THE ACCOUNTS OF PARISH

OFFICERS.

The right of appeal against the accounts of church- Right of appeal, wardens and overseers was originally given by 43 Eliz. how given. c. 2. s. 6. and afterwards extended by 17 Geo. 2. c. 38. s. 4. The latter provision includes, in the same terms, appeals against the accounts of parish officers, and against the poor rate; and, therefore, the rules which we have considered as governing the notice and trial of the latter, are generally applicable to the former. We have only, therefore, to notice a few points peculiar to the appeal against the accounts of parish officers.

The accounts of overseers must be examined and allowed by two justices before they are the subject of appeal. (n) Like appeals against rates, the appeal must be to the next practicable sessions after allowance; (0) but like them it may be respited till the ensuing session, if due notice of appeal be not given; and further, on adequate cause shewn, in

(j) See the King v. the Justices of Dorsetshire, 15 East, R. 200. (k) The King v. the Justices of Worcestershire, 5 M. and S. 457. (1) Albrighton v. Skipton, 1 Stra. 301; the King v. Stotfield, 4 T. R. 601; the King v. Fisher, 1 Bott. 67.

(m) The King v. Gayer, 1 Burr. R. 245.

(n) The King v. Whitear, 3 Burr. R. 1365.

(0) The King v. the Justices of Worcester, 5 M. and S. 457.

the discretion of the justices. As in the case of rates, the notice of appeal must be in writing; (p) and it will not suffice in such notice to specify the items of account objected to; but the nature and grounds of the objection must also be specified. (9) If, on the bearing, the sessions find that a sum is due from the late overseers, they may order them to pay over such sum to their successors; (r) but they have no power to make an original order for the payment of a balance. If they find on appeal that a balance is due, but make no order for its payment, such order may be made by two justices out of session; and if justices, having jurisdiction, refuse so to order, the Court of King's Bench will compel them by mandamus. (s)

Power to remove

14 Car. 2. c. 12. s. 1.

CHAPTER XI.

OF APPEALS AGAINST ORDERS OF REMOVAL.

§ 1. Of Orders of Removal.

2. Of the Right, Time, and Conditions of Appeal against Orders

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7. Of Settlement by Renting a Tenement of 107. a Year.

8. Of Settlement by Payment of Parochial Taxes.

9. Of Settlement by Serving an Annual Office.

- 10. Of Settlement by Estate.

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- 11. Of the Operation of Certificates.

– 12. Of the Operation of Relief on Settlement.

- 13. Of the Trial and Determination of Appeals against Orders of Removal.

§ 1. OF ORDERS OF REMOVAL.

THE power of removing paupers is given by 13 and 14 given by 13 and Car. 2. c. 12. which enacts" that it shall be lawful, upon complaint made by the churchwardens or overseers of the poor of any parish to any justice of the peace, within forty days after any such person coming (i. e. a poor per

41 Geo. 3. c. 23. s. 4.

The King v. Magall, 3 D. and R. 388. The King v. Goodcheap, 6 T. R. 169. (s) The King v. Carter, 4 T. R. 246.

son coming from one parish to another) to settle in any tenement under the yearly value of 101. for any two justices of the peace, whereof one is of the quorum, of the division where any person or persons that are likely to be chargeable to the parish shall come to inhabit, by their warrant to remove and convey such person to such parish where he was last legally settled, either as a native, householder, sojourner, apprentice, or servant, for the space of forty days at the least, unless he shall give sufficient security for the discharge of the parish, to be allowed by the said justices;" subject to an appeal by any party thinking themselves aggrieved to the next Quarter Sessions for the county. This act has been How altered. altered by extending the power of removal to any period whatever, unless forty days' notice in writing has been given to the parish officers of the party's residence, by 3 and 4 W. and M. c. 11. s. 10; and the same power has been limited by 35 Geo. 3. c. 1. s. 1. to parties actually chargeable. And now, with the exception of unmarried women with child; persons convicted of felony; persons deemed by law rogues and vagabonds; idle or disorderly persons; and such as may appear on the oath of a credible witness to be reputed thieves, and not able to give a satisfactory account of themselves and of their way of living; who are to be deemed actually chargeable, none but such as are so chargeable can be removed. To enable the magistrates to remove the pauper, he must not only ask, but obtain relief, (a) and that from one of the parish officers. (b)

There are some relationships which prevent a removal. Relationships Thus, a married woman cannot be separated from her which prevent husband, though he be a foreigner and have no settle- removal. ment; (c) nor a servant from his master; (d) but a married woman living apart from her husband may be removed to her own settlement; (e) or a married woman pregnant with a child which, when born, will be a bastard, and this without having actually received relief, as, if she be likely to become chargeable on her delivery, she is considered within the exception of the statute, which in terms applies to unmarried women only.(ƒ)

(a) The King v. Kingswood, Burr. S. C. 392.
(b) Id. ibid.; and Great Bedwin v. Wilcot, id. 163.
The King v. Leeds, 4 B. and A. 498.

(d) Faringdon v. Whitby, 2 Bott. 295.

(e) St. Michael's, Bath, v. Nunney, 1 Stra. 544.
(f) The King v. Great Yarmouth, 8 T. R. 68.

Examination of

a pauper.

Before an order of removal is made, the pauper ought to be summoned and examined as to his settlement; but if it happen that by age, illness, or infirmity, he cannot attend at the meeting of two justices, his examination may be taken by one justice, who may report it to another acting in the same division, and both together may make the order. (g) But it is not essential to the validity of the order that the pauper should be examined at all; it may be made on the evidence of others. (h) The following is the form of an order of removal : County of Berks, To the Churchwardens and Overseers of the Poor of the parish of St. Lawrence, Reading, in the said county of Berks, and to the Churchwardens and Overseers of the Poor of St. Mary, Reading, in the same county, and to each of them. (i)

to wit.

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Upon the complaint of the churchwardens and overseers of the poor of the parish of St. Lawrence, Reading, aforesaid, (j) unto us whose names are hereunto set and seals affixed, being two of his Majesty's justices of the peace in and for the said county of Berks, one of us being of the quorum, (k) that A. B., M. his wife, H. B. their son, aged seven years, E. B. their daughter, aged five years, and C. B. their daughter, aged three years, (1) have come to inhabit in the said parish of St. Lawrence, Reading, not having gained a last legal settlement there; (m) and that the said A. B., M. his wife, and H. B., E. B., and C. B. their children, are actually chargeable to the said parish of St. Lawrence, Reading; (n) we, the said justices, upon due proof made thereof, as well upon examination of the said A. B. on oath as otherwise, and likewise upon due con

49 Geo. 3. c. 124. s. 4.

(h) The King v. Bagworth, Cald. 179.

(i) It has been holden that a direction of an order of removal to "the churchwardens and overseers of the poor of the parish, township, or division of Ulverstone," is good; the King v. Ulverstone, 7 T. R. 375.

(j) This statement of complaint made by the parish officers is necessary; for the magistrates have no power to remove on the complaint of any other; per Holt, C. J. Weston Rivers v. St. Peter's, 2 Salk. 492.

(k) The authority of the magistrates must be thus expressly shewn, and cannot be supplied by implication; Walton v. Chesterfield, 5 Mod. 322.

(1) The wife and children must be named; Flexton v. Rayton, 1 Sess. Cas. 11; and the ages of the children stated; Hobey v. Kingsbury, 1 Stra. 527; and if any of the children are above the age of seven years, it must be stated that they have not gained a settlement in their own right; the King v. Bowling, Burr. I. C. 177. (m) The statement that the paupers have come to inhabit, or some other words shewing an endeavour to settle, are material; see the King v. Bury St. Edmunds, 10 East. 25.

(n) These words will suffice in the case of a woman with child, which will be born a bastard, whether single or married, though she is only constructively chargeable under 35 Geo. 3. c. 101.

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