the pauper, to shew cause against the order of reBut it is optional with them, to grant the moval (e). summons or not. (e) See the form of this summons, infra (14). See the form of the order of removal, infra (15). (14) Summons to the Overseer of the Parish to which it is intended to remove the Pauper, to show Cause against the Order of Removal. County of to wit. Parish of To the Churchwardens and Overseers of the Poor of the , in the County of and to every of them. This is to summon you, or some of you, to appear (if you shall so think proper), before and such other his majesty's justices of the peace for the said county of as shall be at the house of to wit. in in the said county -the- day in of at the hour of the forenoon of the same day, to show cause why A. O. should not be removed from the parish of -, in the said county of to your said parish of Given under hand and seal, day of in the year of our Lord this (15) Order of Removal. County of To the Churchwardens and Overseers of the Poor of the Parish of Orton, in the said County of Westmoreland, and to the Church wardens and Overseers of the Poor of the Parish of Penrith, in the County of Cumberland, and to each and every of them: Upon the complaint of the churchwardens and overseers of the poor of the parish of Orton aforesaid, in the said county of Westmoreland, 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 Westmoreland, one of us being of the quorum, that John Thompson, Mary his wife, Thomas their son, aged eight years, and Agnes their daughter, aged four years, have come to inhabit in the said parish of Orton, not having gained a last legal settlement there; and that the said John Thompson, Mary his wife, and Thomas and Agnes their children, are actually chargeable to the said parish of Orton; we, the said justices, upon due proof made thereof, as well upon examination of the said John Thompson 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 lawful settlement of them, the said John Thompson, Mary his wife, and Thomas and Agnes their chil dren, is in the said parish of Penrith, in the county of Cumberland. We do therefore require you, the churchwardens and overseers of the said parish of Orton, or some or one of you, to convey the said John Thompson, Mary his wife, and Thomas and Agnes their children, from and out of the parish of Orton, to the said parish of Penrith, and them to deliver to the churchwardens and overseers of the poor there, or to some or one of them, together with this our order, or a true copy thereof, at the same time showing to them the original: and we do also hereby require you, the said churchwardens and overseers of the poor of the said parish of Penrith, to receive and provide for them as inhabitants of your parish. Given under our hands and seals, the day of in the year of the reign of his said ma.. jesty king George the Fourth. It must be directed to the churchwardens and overseers of the removing parish (ƒ), and of the parish to which the pauper is to be removed. (f) St. George's v. St. Olave's, 2 Salk. 493. ii. 104; and see R. v. Holbeck in Leeds, Burr. S. C. 198. ii. 105. It must be stated to be made by "two of his majesty's justices of the peace for the county," &c. in which the removing parish is situate (g), upon complaint (h) of the churchwardens and overseers of the removing parish (i), stating the counties, &c. in which the respective parishes are situate, with certainty (k). (g) Walton v. Chesterfield, 5 Mod. 322. ii. 106. R. v. Uplin, Set. and Rem. 27. ii. 107. R. v. Owlton, 2 Salk. 474. ii. 108. R. v. Stepney, Burr. S. C. 23. ii. 109. R. v. Moor Critchell, 2 East, 66. ii. 110. R. v. St. Mary's Leicester, 1 B. & A. 327. ii. 111. R. v. Bourn, Burr. S. C. 43. ii. 112. R. v. Southwold, Burr. S. C. 143. ii. 113. R. v. Andover, Cald. 373, ii. 114. R. v. Chilverscoton, 8 T. R. 178. ii. 115. R. v. Great Chart. Burr. S. C. 194. 2 Str. 1173. ii. 116. Anon. 2 Salk. 473. ii. 117. Albrigh ton v. Skipton, Str. 300. ii. 118: and see 9 Geo. I. c. 7. s. 3: 16 Geo. 2. c. 18; 26 Geo. 2. c. 27; 7 Geo. 3. c. 21; 28 Geo. 3. c. 40; 1 & 2 Geo. 4. c. 63, and Index, tit. "Justices:" and see R. v. Bond, 2 Show, 503. ii. 119. (h) R. v. Harely, Andr. 361. ii. 120. R. v. Stendish, Burr. S. C. 150. ii. 121. (i) Western Rivers v. St. Peter's, 2 Salk. 492. ii. 122. Spalding v. St. John Baptist, Fol. 267. ii. 123. (k) R. v. St. Stephenson, 1 Barnard, 177. 196. ii. 124. R. v. Bramshaw, Burr. S. C. 98. ii. 125. R. v. Topsham, 7 East, 466. ii. 126. R. v. Amnlwich, 4 B. & C. 757. ii. 127. R. v. Eakring, Burr. S. C. 321. ii. 128. It must name the pauper (7), and each of his family removed with him (m); it must state the ages of the children (n), and, as to all above seven years old, must state that they have gained no settlement in their own right (0); and it must state that they have come to inhabit in the parish (p). (1) Southwell v. Needwell, Set. and Rem. 57. ii. 129. (m) Beaston v. Scisson, 1 Str. 114. ii. 130. Flixton v. Royston, 1 Sess. Ca. II. ii. 131. Johnson's case, 2 Salk. 485. ii. 132; and see R. v. Newington, Set. and Rem. 45. ii. 133. (n) R. v. Trinity in Chester, 2 Sess. Ca. 74. ii. 134. R. v. Stanfield, Burr. S. C. 210. ii. 135. R. v. Normanton, Burr. S.C. 213. ii. 136. R. v. Ufculm, Burr. S. C. 138. ii. 137. (0) R. v. Bowling, Burr. S. C. 177. ii. 138. (p) R. v. Graffham, Set. and Rem. 16. ii. 45. It must contain an adjudication (q), first, that the pauper had become actually chargeable to the removing (9) See Stallingburgh v. Haxley, 1 Sess. Ca. 131. ii. 139. R. v. Fisherton Delamore, 1 Sess. Ca. 45. ii. 140. See R. v. Maulden, 8 B. & C. 78. ii. 89. parish (r), (which is usually done in the manner adopted in the form here given); and secondly, that his lawful settlement is in the parish to which he is ordered to be removed (s). (r) R. v. Minchinhampton, 2 Sess. Ca. 93. ii. 141. Suddlecomb v. Burwash, 2 Salk. 491. ii. 142. R. v. Waltham Magna, Set. and Rem. 38. ii. 143. R. v. Netherton, Burr. S. C. 139. ii. 144. R. v. Holm East Waver, 11 East, 381. ii. 64. R. v. Diddlebury, 9 East, 398. ii. 145. R. v. Hachester, Burr. S. C. 287. ii. 146. R. v. Inskip with Sowerby, 5 M. & S. 299. ii. 147. St. Nicholas, Gloucester, v. St. Peter's, Bristol, 2 Sess. Ca. 73. ii. 148. R. v. Leofield, 2 Str. 698. ii. 149. R. v. Bourn, Burr, S. C. 39. ii. 12. R. v. Ufculm, Burr. S. C. 138. ii. 137; and see 35 Geo.3. c. 101. s. 1. (s) R. v. Westwood, 1 Str. 73. ii. 150. Bury v. Arundel, 2 Salk. 479. ii. 151. R. v. Warnhill, 2 Sess. Ca. 92. ii. 152. Egburn v. Hartley Wintley, 1 Sess. Ca. 45. ii. 153. R. v. Middleham, Fol. 271. ii. 154. R. v. Mansfield, Burr. S. C. 76. 2 Str. 1040. ii. 155. R. v. Great Bedwin, Burr. S. C. 584. ii. 156. R. v. Holbeech, Burr. S. C. 200. ii. 157. R. v. Yspytty, 4 M. & S. 52. ii. 74. R. v. Bucklebury, 1 T. R. 164. ii. 158. R. v. St. Mary Ottery, Set. and Rem. 32. ii. 159. It should be dated (t). (t) See R. v. Brimpton, 2 Smith, 277. ii. 160. It must be under the hands and seals of the justices (u). (u) See 13 & 14 C. 2. c. 12. s. 1. R. v. Stotfold, 4 T. R. 596. ii. 96. R. v. Llanwinio, 4 T. R. 473. ii. 161. After obtaining an order of removal, the parish officers may, at any time, even after removal of the pauper, abandon it (v). (v) R. v. Llanrhydd, Burr. S. C. 658. ii. 162. R. v. Diddlebury, 12 East, 359. ii. 163. Suspension of order of removal.] If the pauper, by "sickness or other infirmity," be unable to travel without danger, the justice or justices making the order of removal [or any other justice or justices (w)], may suspend the same [not only as to the pauper, but as to his family also (a), until the removal may be safely effected, such suspension and subsequent permission to be indorsed on the order; in the meantime no act of the pauper shall gain a settlement (y). Charges incurred by the parish during such suspension, to be paid by the parish (w) 49 Geo. 3. c. 124. s. 1. (x) 49 Geo. 3. c. 124. s. 3; and see R. v. Englefield, 13 East, 317. ii. 164. (y) 35 Gen. 3. c. 101. s. 2; and see R. v. Everdon, 9 East, 101. ii. 165. R. v. St. Lawrence, Ludlow, 4 B. & A. 660. ii, 43. to which such pauper is ordered to be removed; if they amount to 20%., an appeal may be to the sessions (z). (z) 35 Geo. 3. c. 101. s. 2. See R. v. Chagford, 4 B. & A. 235. ii. 166. R. v. Kynaston, 1 East, 117. ii. 167. R. v. St. Mary le bone, 13 East, 51. ii. 168. R. v. Bradford, 9 East, 95. ii. 169. R. v. Alnwick, 5 B. & A. 184. ii. 170. See the form of the indorsement, suspending the order of removal, infra (16); and of the subsequent permission to remove, infru (17). Care should be taken to serve the suspended order within a reasonable time (a). (a) R. v. Lampeter, 3 B. & C. 454. ii. 171. (16) Form of Suspension to be indorsed. Whereas it doth appear unto us, I. N. and S. G., the justices within named, that A. O., the pauper within ordered to be removed, is at present unable to travel, by reason of sickness and infirmity [or, that It would be dangerous for him so to do, as the case may be]: we do therefore hereby suspend the exe cution of the within order of re- (17) Form of subsequent Permission. Whereas it is now made appear to us, I. N. and S G., the justices aforesaid, and we are fully satisfied, that the within order of removal may be executed without danger we do therefore hereby order the same to be forthwith put in execution accordingly. And whereas it is duly proved to us upon oath [if the pauper have died, say, that the said A. O., the pauper above named, is dead, and] that the sum of hath been necessarily incurred by I. N. S. G. the suspension of the within order Given under our hands, theday of I. N. *** This may be signed, either by the same justices who signed the suspension, or by "any other justice or justices of the peace of the county or other jurisdiction within which the removal shall be made." 49 Geo. 3. c. 124. s. I. CHAPTER I. APPEAL AGAINST AN ORDER OF REMOVAL. "All persons who think themselves aggrieved" by an order of removal, (the parish, or even the pauper him. self (b),) may appeal (c). (b) R. v. Hartfield, Carth. 222. ii. 172. (c) 13 & 14 Car. 2. c. 12. s. 2. 3 W. & M. c. ll, s. 9, 10. The appeal must be to the sessions for the county, division, or riding, from which the removal was (d), and not to the sessions of a corporate town, &c. (e). (d) 8 & 9 W. 3. c. 30. s. 6. (e) R. v. Wendover, 2 Salk. 490. ii. 173. R. v. Malden, Set. & Rem. 10. ii. 174. R. v. East Donyland, Burr. S. C. 492. ii. 175. See 8 & 9 W. 3. c. 30. s. 8. 9 Geo. I. c. 7. s. 7. It must be to the next (f) general or quarter sessions (g), that is, to the next practicable sessions after the removal (h); or after the service of the order, in cases where the order is suspended (¿). (f) 13 & 14 Car. 2. c. 12. s. 2. 3 W. & M. c. 11. s. 9. (g) 8 & 9 W. 3. c. 30. s. 6. See R. v. JJ. of Carmarthen, 4 B. & A. 291. ii. 176. R. v. JJ. of Sussex, 7 T. R. 107. ii. 177. R. v. JJ. of Surrey, 1 M. & S. 479. ii. 183. R. v. Folstead, 2 Stra. 1263. ii. 184. R. v. West Torrington, Burr. S. C. 293. ii. 185. (h) R. v. JJ. of Flintshire, 7 T. R. 200. ii. 178. R. v. JJ. of Herefordshire, 3 T. R. 504. ii. 179. R. v. JJ. of the E. R. of Yorkshire, Doug. 192. ii. 180. R. v. JJ. of Essex, 1 B. & A. 210. ii. 181. R. v. JJ. of Wilts, 2 Bott, 717. ii. 192. See R. v. JJ. of the W. R. Yorkshire, 4 M. & S. 327. ii. 182. R. v. JJ. of Surrey, 1 M. & S. 479. ii. 183. R. v. JJ. of Devonshire, Cald. 32. ii. 186. R. v. JJ. of Devon, 8 B. & C. 640. ii. 187. R. v. JJ. of Southampton, 8 B. & C. 640. ii. 188. R. v. JJ. of Kent, 8 B. & C. 639. ii. 189. (i) 49 Geo. 3. c. 124. s. 2; and see R. v. St. Mary le bone, 13 East, 51. ii. 168. R. v. Alnwick. 5 B. & A. 184. ii. 170. Notice of Appeal.] "Reasonable" notice of appeal, (usually a week's notice), must be given to the "churchwardens or overseers" of the poor of the parish from which the pauper has been removed; and if it appear to |