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the pauper, to shew cause against the order of removal (e). But it is optional with them, to grant the summons or not.
(e) See the form of this summons, infra (14).
See the forin of the order of removal, infra (15).
(14) Summons to the Overseer of the Parish to which it is in
tended to remove the Pauper, to show Cause against the Order
of Removal. County of To the Churchwar
in- ,, in the said county dens and Overseers of
the day to wit. of the Poor of the of
at the hour of
in Parish of - in the County of the forenoon of the same day, to
, and to every of them. show cause why A. O. should not This is to summon you, or some be removed from the parish of of you, to appear (if you shall so -, in the said county of think proper), before - and to your said parish of such other his majesty's justices of Given under hand and seal, the peace for the said county of this —
in the as shall be at the house of year of our Lord
(15) Order of Removal. County of To the Churchwardens and, likewise, upon due considera
and Overseers of the tion had of ihe premises, do ad. to wit. Poor of the Parish of judge the same to be true; and we Orton, in the said County of West- do likewise adjudge, that the lawmoreland, and to the Church war- ful settlement of them, the said dens and Overseers of the Poor of John Thompson, Mary his wife, the Parish of Penrith, in the Coun. and Thomas and Agnes their chil. ly of Cumberland, and to each and dren, is in the said parish of Penevery of them :
rith, in the county of Cumberland. Upon the complaint of the We do therefore require you, the churchwardens and overseers of the churchwardens and overseers of the poor of the parish of Orton afore- said parish of Orton, or some or said, in the said county of West- one of you, to convey the said inoreland, untu us, whose names John Thompson, Mary his wife, are hereunto set, and seals affixed, and Thomas and Agnes their chil. being two of his majesty's justices dren, from and out of the parish of the peace in and for the said of Orton, to the said parish of Pencounty of Westmoreland, one of rith, and them to deliver to the us being of the quorum, that John churchwardens and overseers of the Thompson, Mary his wife, Thomas pour there, or to some or one of their 'son, aged eight years, and them, together with this our order, Agnes their daughter, aged four or a true copy thereof, at the same years, have come to inhabit in the time showing tu them the original: said parish of Orton, not having and we do also hereby require you, gained a last legal settlement there; the said church wardens and overand that the said John Thompson, seers of the poor of the said parish Mary his wife, and T'humas and of Penrith, to receive and provide Agnes their children, are actually for them as inhabitants of your chargeable to the said parish of parish. Orton; we, the said justices, upon Given under our hands and seals, due proof made thereof, as well the
day of , in the upon examination of the said John year of the reign of his said ma.. Thompson upon uath, as otherwise, jesty king George the Fourth.
It must be directed to the churchwardens and overseers of the removing parish (f), 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. Holo beck 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. Uwlton, 2 Salk. 474. ii. 108. R. v. Stepney, Burr. S. C. 23. ii. 109. R. v. Moor Critchell, 2 East, 66. ii. 110. K. v. St. Mary's Leicester, 1 B. & A. 327. ii. lll. R. v. Bouru, Burr. S. C. 43. ü. 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. 1. c. 7. s. 3: 16 Geo. 2. e. 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. Ily.
(h) R. v. Harely, Andr. 36). 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, 406. ii. 126. R. v. Amnlwich, 4 B. & C. 757. ii. 127. R. v. Eakring, Burr. 8. C. 321. ii. 128.
It must name the pauper (1), and each of his family removed with himn (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 (c); and it must state that they have come to inha. bit 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. 11. 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.
It must ain an adjudication (9), 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, I sess. Ca. 45. ii. 140. See R. v. Maulden, 8 B. & C. 78. ii. 89.
parish (g), (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. v. Minchinhampton, 2 Sess. Ca. 93. ii. 141. Suddlecomb v. Burwash, 2 Salk. 491. ii. 142. R. v. Walthain 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. 249. 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. 112. R. v. Ufculm, Burr. S. C. 138. ii. 137; and see 35 Geo. 3. c. 101, s. 1.
(8) 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, I 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, 4M. & 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).
It must be under the hands and seals of the justices (w). (u) See 13 & 14 C. 2. c. 12. s. 1. R. v. Stotfold, 4 T. R. 596. ii. %. 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 (80)], may suspend the same [not only as to the pauper, but as to his family also (x),] until the removal inay 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
(7) 49 Geo. 3. c. 124. s. 1. (3) 49 Geo. 3. c. 124. s. 3; and see R. v. Englefield, 13 East, 317. (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 201., an appeal may be to the sessions (2).
(2) 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, cution of the within order of reI. N. and S. G., the justices within moval, until it shall be made appear named, that A. O., the pauper unto us, that the same may safely within ordered to be removed, is at be executed withuut danger. present unable to travel, by reason Given under our hands, the ef sickness and infirmity (or, that day of It would be dangerous for him so
I. N. to do, as the case may be]: we do
S. G. therefore hereby suspend the exe
(17) Form of subsequent Permission. Whereas it is now made appear the suspension of the within order to us, I. N. and S G., the justices of removal : we do therefore order aforesaid, and we are fully satisfied, and direct the church wardens or that the within order of removal overseers of the poor of the parish may be executed without danger: of to which parish the said we do therefore hereby order the A. O. is (was, if the pauper be dead, ] same to be forthwith put in execu- ordered to be removed, to pay the tion accordingly. And whereas it said sum of-to-, upon deis duly proved to us upon oath [it mand. the pauper have died, say, that the Given under our hands, the said A. O., the pauper above named, day of is dead, and] that the sum of
I. N. hath been necessarily incurred by
S.G 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 remcval shall be made." 49 Geo. 3. c. 124. s. I.
APPEAL AGAINST AN ORDER OF REMOVAL.
“All persons who think themselves aggrieved” by an order of remoral, (the parish, or even the pauper him. self (6), ) may appeal (c). (0) R. v. Hartfield, Carth. 222, ii.
172. (c) 13 & 14 Car. 2. c. 12. s. 2. 3W. & M. c. ll, s. 9, 10.
The appeal must be to the sessions for the county, division, or riding, froin which the reipoval was (d), and not to the sessions of a corporate town, &c. (e).
(d) 8 & 9W.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. 8.8. 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 (). () 13 & 14 Car. 2. c. 12. s. 2. 3W. & 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. K. v. JJ. of Sussex, 7 T. R. 107. ii. 177. R. v.JJ. of Surrey, ! M. & S. 479. ii. 183. R. v. Polstead, 2 Stra. 1263. ii. 184. R. v. West Torrington, Burr. S.C. 293. ii. 185.
(A) Ř. 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, IB. & A. 210. ii. 181. R. v. JJ. of Wilts, 2 Bott, 717, ji. 192. See R. v. JJ. of the W. R. Yorkshire, 4 M. & S. 327. ii. 182. R. V. JJ. of Surrey, 1M. & 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