ADDENDA ET ERRATA. The reader is requested to make the following additions and corrections in his copy. Page 5, line 9 from top, for " ii. 22," read “ii. 24." -18 from top, for " Geo. 3, c. 83," read "22 Geo. 3, c. 83." 15 from top, for "ii. 50," read" ii. 161." 12 from bottom, for "i. 66," read" ii. 66." 20 from top, for "28 Geo. 3. c. 40," read "28 Geo. 3, c. 49." 17 from top, for "Lushington" read " Luffington." 4 from bottom, after " ii. 242," add "See R. v. St. Michaels, Bath, 2 Bott. 459, ii. 1400." 14 from top, for " is," read "was.' 16 from top, for "2 Str. 942," read "2 Sess. Ca. 182." 2 from bottom, after "8 B. and C. 671," add " ii. 321.” 19 from bottom, after "ii. 384," add, "but see R. v. Martlesham, 10 B. and C. 77, ii. 1401." 14 from bottom, for "20 Geo. 3, c. 136,” read “20 Geo. 3, c. 36." 5 from bottom, for "Coxwell," read 66 Coxwold." 4 from bottom, after "ii. 513," add, "R. v. Tipton, 9 B. and C. 888; ii. 1402." 15 from top, for "82," read "81." 12 from bottom, after "ii. 524," add, "R. v. Taunton St. James, 9 B. and C. 831; ii. 1403." 7 from bottom, after "ii. 572," add, "R. v. Birmingham, 9 B. and C. 925; ii. 1404." 19 from top, after “ii. 646," add, "but see R. v. Roxby, 10 B. and C. 51, ii. 1405, semb. contra." 5 and 10 from bottom, for "ii. 227,” read “ ii. 228." last, for "ii. 491," read " ii. 941." 17 from bottom, for "7 B. and C." read " 8 B. and C." 2 from bottom, for "Shurston," read "Shenston." 6 from bottom, after "Vide supra," add, "And see R. v. Ashfield cum Thorpe, 9 B. and C. 939; ii. 1406." 13 from bottom, for "ii. 1037," read " íi. 1021." 23 from top, for" ii. 1050," read "ii. 1027." 10 from bottom, for " 48 Geo. 3. c. 96, s. 26," read " 9 Geo. 4, c. 40, s. 29." INTRODUCTION. THIS little work treats of appeals against orders of removal, against rates, and against orders of filiation. As it may be necessary, however, in order the better to understand such part of it as treats of appeals against orders of removal, that we should treat also shortly of the relief and removal of the poor, we shall do so here, by way of introduction. 1. Relief of the Poor. 1. RELIEF OF THE POOR. By whom.] 1. All persons who become chargeable, must be relieved by the overseers of the poor of that parish in which they become chargeable (a). If they be legally settled in that parish, the overseers must continue to relieve them, as long as they shall need relief (b); if they be settled elsewhere, they may be removed to the parish or township in which they were, last legally settled (c). As to English persons, whose place of settlement is not known, the overseers of the parish in which they become chargeable must continue to relieve them as long as they remain in that parish and need relief; for they must relieve them, as above mentioned, and cannot remove them (d). Persons born in Scotland or Ireland, or in the isles of Man, Jersey, or Guernsey, who become chargeable, and have acquired no settlement in England, may be passed to their respective countries (e). Persons thus becoming chargeable to parishes in which they are not (a) See Clypton St. Mary's v. Ravistock, Set. and Rem. 31, pl. 49, ii. 25. (b) See 43 Eliz. c. 2, s. 1. (c) See title" Removal," post, p. 9. (d) Vide supra. (e) 59 Geo. 3. c. 12. s. 33, 34. B VOL. I. legally settled, are usually termed casual poor (f). As to the relief of casual poor in united parishes, see stat. 33 Geo. 3. c. 35. s. 3. (f) See Clypton St. Mary's v. Ravistock, supra. R. v. St. Lawrence, Ludlow, 4 B. and A. 660. R. v. Chadderton, 2 East, 27. R. v. Bury St. Edmunds, 10 East, 25. Adkins v. Banwell, 2 East, 505. Simmons v. Wilmott, 3 Esp. 91. 2. The father and grandfather, mother and grandmother, and the children (g), of every poor, old, lame, and impotent person, or other poor person not able to work (h), shall, if of sufficient ability (i), relieve and maintain such poor person, in the manner and according to the rate assessed by the justices at their general quarter sessions (j), [or petty sessions (k)], upon pain (?) of forfeiting 20s. for every month they shall fail to do so (m). See the form of the order, infra (1). (g) See R. v. Dunn, 1 Bott, 376, ii. I. R. v. Kempson, I Bott, 378, 2 Str. 955, ii. 2. Walton v. Spark, Set, and Rem. 159, pl. 210, Skin. 566, ii. 3. R. v. Clentham, Foley, 39, ii. 4. R. v. St. Botolph's, Aldgate, Foley, 42, ii. 5. R. v. Munday, 1 Str. 190, 4 T. R. 119, Set. and Rem. 91, pl. 123, Fortesc. 303, 2 L. Raym. 1454, ii. 6. R. v. Benoire, I Bott, 379, ii. 7. Case of Woodford and Lilburn, I Bott, 379, ii. 8. Tubb v. Harrison, 4 T. R. 118, ii. 9. Cooper v. Martin, 4 East, 76, ii. 10. R. v. Smith, 2 Car. and P. 449, ii. Il. (h) See St. Andrews Undershaft v. Jacob Mendez de Breta, 1 L. Raym. 699, ii. 12. R. v. Gulley, Foley, 47, ii. 13. R. v. Litton, Set. and Rem. 83, pl. 11, ii. 14. R. v. Tripping, I Bott, 370, ii. 15. R. v. Woodford, I Bott, 371, ii. 39. R. v. Peunoyer, 1 Bott, 371. ii. 40. (i) See R. v. Halifax, Set. and Rem. 33, pl. 52, ii. 16. R. v. Dunn, 1 Bott, 376, ii. 1. Case of Woodford and Lilburn, 1 Bott, 379, ii. 8. (j) See R. v. Jones, Foley, 53, ii. 17. R. v. Jenkins, 2 Salk. 534, ii. 18. R. v. Joyce, 16 Vin. Abr. 423. ii. 19. Walton v. Spark, Set. and Rem. 159, pl. 210, Skin. 566, ii. 3. R. v. Kempson, I Bott, 378, 2 Str. 955, ii. 2. R. v. Reeve, 2 Bulst. 344, ii. 20. (1) See R. v. Robinson, 2 Burr. 799, ii. 21. (k) 59 Geo. 3. c. 12. s. 26. County of at } (1) Order of Maintenance. The order of I. P. and L. M. esquires, two of to wit. his majesty's justices of the peace in and for the said county, one whereof is of the quorum, made at a petty sessions, held in the said county, the day of--, in the year of our Lord one thousand eight hundred and upon an aplication to us, the said justices, at the said petty sessions, by the churchwardens and overseers of the poor of the parish of —, in the county of -, to have an order made on A. B. of in the said county of ---, requiring him to maintain C. B. his [child], who is poor and unable to work so as to maintain and support himself, and chargeable to the said parish of, he the said A. B. being a person of sufficient ability to maintain and provide for his said [child]. And the said A. B. having been duly summoned to appear before us, the said justices, at the said petty sessions, to the end that we might examine into the cause and circumstances of the premises, has not shown any sufficient cause why such order should not be made; and we, having heard the parties so complaining, and duly considered The party however must be chargeable (n). (n) R. v. Tripping, 1 Bott, 370, ii. 15. 3. Persons able wholly or in part to maintain themselves and families by work or other means, and wilfully refusing or neglecting to do so, whereby they or their families become chargeable, are punishable as idle and disorderly persons (0). (0) 5 Geo. 4, c. 83, s. 3. 4. Pensioners in the navy or army, applying for relief, to assign their next quarter's pension (p). See the form of the assignment, infra (2). (p) 59 Geo. 3, c. 12, s. 30. Relief of sailors, soldiers and marines in the king's service, and their wives, &c. in what cases, and how (9). (q) 43 Geo.3, c. 61, 58 Geo. 3, c. 92. 5 Geo. 4, c. 83, s. 16, Relief of the families of milita-men in actual service, in what cases, and how (r). (r) 43 Geo. 3, c. 47. See R. v. Ledbury, 7T. R. 558, ii. 22; R. v. Preston, 13 East. 313, ii. 23. the circumstances of the said complaint, as well as the want of any adequate defence on the part of the said A. B., do adjudge and determine, that the said C. B. is poor and unable to work, so as to maintain and support himself, and that [he] is actually chargeable to the said parish of, and that the said A. B. is a person of sufficient ability to maintain and provide for the said C. B. Therefore we do order, that the said A. B. shall and do forthwith, upon notice of this our order, pay or cause to be paid to the churchwardens and overseers of the poor of the said parish of (2) Assignment. I [naming the pensioner, or other applicant, and stating such particulars as shall be requisite] do hereby assign to the churchwardens and overseers of the poor of the parish of, the next payment of the pension, at the rate of per diem, [or, as the case may be,] granted to me as and payable from, in order to secure to the said parish of the re 1. P. (L. S.) L. M. (L. S.) payment of the sum of Signed by the above-named. day of this Wives or families of seamen in the merchant-service, becoming chargeable whilst their husbands are absent on a voyage, the parish to be reimbursed by an order of two justices on the owners, ship's husband, or agent of the ship, to pay, out of the wages due, such sums as the parish may have advanced (s). See the form of the order, infra (3). (s) 59 Geo. 3. c. 12. s. 32. 5. Pauper lunatics, how relieved, &c. (t).. (t) 9 Geo. 4. c. 40. See Index, "Lunatics," and see R. v. Maulden, 8 B. and C. 78. ii. 89. 6. Prisoners, how relieved :-prisoners in custody for felony or misdemeanor (u); prisoners in custody on mesne process, in gaols not county gaols (v); prisoners in custody in the King's Bench, Fleet and Marshalsea prisons (w); or prisoners in custody for penalties at the instance of the commissioners of customs or excise (x). (v) 52 Geo. 3. c. 160. (u) 19 Car, 2. c. 4. (w) 53 Geo. 3. c. 113. See 23 Geo. 3. c. 23. s. 2. (x) 53 Geo. 3. c. 21. 7. Persons running away, and leaving their wives or children chargeable, or whereby they shall become chargeable, are punishable as rogues and vagabonds (y). (y) 5 Geo. 4. c. 83. s. 4. County of (3) Order. To the Owner, Ship's Husband, or Agent to wit. of the Ship or Vessel [as the case may be], called the Whereas complaint on oath hath been made before us, two of his majesty's justices of the peace, acting in and for the county of -, by the churchwardens and overseers of the poor of the parish of in the county of aforesaid, that A. B., the wife of J. B. and their children, viz. [naming the children] have become chargeable to the said parish of And whereas it hath been made to appear to us, that the said J. B. is now employed in the actual service of -, on board the -, on a voyage to, and that since his departure the overseers of the said parish of have necessarily laid out and expended, in the maintenance and support of the wife and family of the said J. B. the sum of Given under our hands and seals, this day of- -, in the year of our Lord one thousand eight hundred and I. P. (L. S.) L.M. (L. S) |