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the justices at sessions that reasonable notice was not given, they shall adjourn the appeal to the next quarter sessions, and then finally determine the same (k).
(k) 9 Geo. 1. c. 7. s. 8. See R. v. JJ. of Wiltshire, 10 East, 404. ii. 190. R. v. Lambeth, 3 D. & R. 340. ii. 191. R. V. JJ. of Huntingdonshire, Cald. 283. ii. 193. R. v. JJ. of Lancashire, 7 B. & C. 691. ii. 194. See the form of this notice, infra (1).
But the sessions are bound to receive the appeal at the next practicable sessions after the removal, even although no notice has been given (2). Hence the practice of moving the court of quarter sessions to enter and respite an appeal.
(1) R. v.JJ. of Gloucestershire, 1 Doug. 191. ii. 195. R. v. JJ. of Staf. fordshire, 7 East, 549. ii. 196. R. v. Buckinghamshire, 3 East, 342. il. 197. See R. v. JJ. of Kent, 8 B. & C. 639. ii. 189. R. v. JJ. of Devon, 8 B. & C. 640. ii. 187. R. v. JJ. of Southampton, 8 B. & C. 641. ii. 188. R. v. JJ. of Wilts, 8 B. & C. 380. ii. 198. R. v. JJ. of N. R. Yorkshire, 3 T. R. 150. ii. 199. R. v. JJ. of Norfolk, 5 B. & A. 484. ii, 200.
Proceedings at the hearing.) The counsel for the respondent begins. He states his case, shewing the pauper to have been last settled in the appellant parish ; and he then calls his witnesses to prove it. If he think that the counsel for the appellants will not call witnesses, (and which is frequently the case, particularly in cases where the pauper is a necessary witness for the respondents, and the appellant's case may be made out from his cross-exainination), he states the defence, and endeavours by anticipation to confute it.
The counsel for the appellants then addresses the court, remarks upon the case stated and proved by the
(1) Notice of Appeal. To the Churchwardens and Over
to commence and prosecute seers of the Poor of the Parish of an appeal against an order of 1. N. in the County of
and S. G., esquires, two of his This is to give notice to you, and majesty's justices of the peace of every of you, that we, the church- the said county of
for wardens and overseers of the poor and concerning the removal of of the parish of
; in the
to our said parish of county of
do intend, at the Witness our hands, this Jay next quarter sessions of the peace. of tu be holden for the said county of
respondents, states his case, and either shows that it is already proved from the cross-exainination of the respondent's witnesses, or calls fresh witnesses to prove it.
If the counsel for the appellants call fresh witnesses to prove his case, the counsel for the respondents may reply. Or if the appellants, admitting the prima facie case made out on the part of the respondents, set up a subsequent settlement of the pauper in soine other parish, the respondents may call witnesses to disprove it; and in that case the counsel for the appellants has a right again to address the court, (confining his observations however to the testimony of the witnesses so called by the respondents,) and then the respondents' counsel shall have the general reply.
As to the evidence for either party, that being a material part of this subject, we shall consider it separately under the next head.
It may be necessary to state, that no objection can be made for want of forin: for all defects of form shall be amended by the justices, without costs; and after such amendment, they shall proceed to examine the truth and merits of the case (m).
(m) 5 Geo. 2. c. 19. s. I. See R. v. Chilverscoton, 8 T. R. 178. ii. 115. R. v. Harrow on the Hill, 2 Bott, 706. ii. 201. K. v. Great Bedwin, 2 Str. 1158, Burr. S. C. 163. ii. 202; and see Lord Kenyon's observations on this statute, in R. v. Moor Chitchell, 2 East, 66,
may be necessary to state, also, that all provisions in
respect to gaining settlements, contained in local acts, are repealed by stat. 54 Geo. 3. c. 170. s. l.
No bill of exceptions will lie (n).
Judgment.] The sessions cannot make an original order, but must either quash or affirm (0). If the justices be divided in opinion, the case must be adjourned until the next sessions (p). None of the justices, however,
(0) R. v. Bond, 2 Show. 503. ii. 119. R. v. Oswell and Working, 2 Salk. 472. ii. 204. R. v. Milverton, 7 Mod. 10. ii. 205.
(P) Bodmin v. Warlingen, 2 Bott, 7:26. ii. 206; and see R. v. JJ. of Monmouthshire, 8 B. & C. 137, i. 207. R. v. JJ. of Buckinghamshire, 6 D. & R. 144. 11. 208. R. v. JJ. of Westmoreland, 2 Sess. Ca. 193. ii. 209. R. v. JJ. of Leicestershire, I M. & S. 442. ii. 210. R. v. King's Langley, 2 Salk. 605. Comb. 365. ii. 211.
who are rated in either of the contending parishes, can vote (q). The sessions are not bound to state the reasons of their judgment (r). They may alter it, at any time during the sessions (s).
(9) 16 Geo. 2. c. 18. s. 3. R. v. Yarpole, 4 T. R. 71. ii. 2:2. R. v. Gudderidge, 8 D. & R. 217. ii. 213.
r) South Cadbury v. Braddon, 2 Salk. 607. ii. 214.
(5) Battersea v. Westham, 5 Mod. 396. ii. 215. St. Andrews, Holborn, v. St. Clement Danes, 2 Salk. 494. ii. 216.
One sessions cannot quash the order of a former sessions (t); it must be quashed, if at all, by the court of King's Bench, for some objections appearing upon the face of it, or reviewed by the King's Bench upon a case stated, this last being the only mode in which that court will enter into the merits of the case. (t) R. v. Cuckfield, 2 Salk. 477. ii. 217: but see Road y. North Bradley,
2 Str. 1168. ii. 218.
If the sessions affirm the order, the pauper of course remains in the parish to which he was removed; but if they quash the order, the pauper may be sent back to the respondent parish, by order of two justices of the county in which the appellant parish is situate (u).
(u) Honitun v. South Beverton, Comb. 401. ii. 219.
Certiorari.] Although the sessions do not grant a special case, the appellant parish may, nevertheless, bring both the order of justices and the order of sessions under the review of the court of King's Bench, by certiorari, for defects appearing upon the face of them (v). Six days previous notice of the intended application for the certiorari, must be given to the justices for two of them, if so many) who made the order (w); a recognizance with sureties must be entered into for costs, &c., as directed by stat. 5 Geo. 2. c. 19. s. 2(x); then, upon getting a inotion paper (indorsed—the King v. the Appellant parish, “to move for a certiorari'') signed by counsel, your clerk in court will sue out the writ.
!v) See R. v. JJ. of Moumouthshire, 8 B. & C. 137. ii. 207. R. v. Stanley, Cald. 172. ii. 220. (w) 13 Gev.2. c. 18. s. 5. R. v. JJ. of Sussex, [M. & S. 631, ii. 221. (a) 5 Geo. 2. c. 19. s. 2.
All this must be done within six calendar months after the first day of the sessions which confirmed the order,
or after the original order made, if it be intended to impugn that (y). (y) 13 Geo. 2. c. 18. s. 5. See R. V. JJ. of Sussex, 1 M. & S. 631. ii.
When the certiorari is returned, you may move to quash one or both of the orders.
If the first order be good, and the sessions have confirmed it, of course the Court of King's Bench will coni firm the order of sessions; or even if the sessions have
reversed it, the Court of King's Bench will affirm the
order of sessions, for they will intend that it was reversed 1 upon the merits.
If the first order be bad, and the sessions have confirmed it, the court will quash both orders; but if the sessions have reversed it, the court will confirm the order of sessions (Z). (2) South Cadbury v. Braddon, 2 Salk. 607. ii. 214.
Special Cuse.] The sessions are not bound to state a special case (a). (a) R. v. Oulton, Burr. S.C. 64. ii. 222.
If they do grant it, however, it is first drawn up by the counsel for the party on whose application it was granted,
settled by the counsel for the opposite party, and (if al[ tered by him) sent back to the counsel who drew it, to
have his concurrence in the alterations. If they cannot agree, the magistrate who acted as chairman of the quarter sessions upon the trial of the appeal, will settle and sign it; after which, it cannot be altered by the parties, even by consent.
like a special verdict, must state facts, and not merely evidence of facts (6); and if fraud form any
part of the case, it must be expressly stated, for the : Court of King's Bench will not imply it (c).
(0) See R. v. Seacroft, 2 M. & S. 472. ii. 223.
When the case is settled, nove for a certiorari, after having given notice of motion, &c., as directed ante, p. 22 ; sue out the writ, and deliver it to the clerk of the peace, and it will be returned accordingly, together with
the order and special case. Your clerk in court will then have it set down in the crown paper for argument.
When called on for argument, it is first argued by the counsel in support of the order of sessions, and then by the counsel for the opposite party. There is no reply.
The court then deliver their opinion, and quash or affirm the order of sessions accordingly (d).
(d) See R. v. Kosliston, 8 B. & C. 668. ii. 225. R. v. St. Andrew, Cambridge, 8 B. & C. 664. ii. 226. R. v. St. Martin, Leicester, 8 B. & C. 674. ii. 227.
If the case be insufficiently stated, the Court of King's Bench may send it back to the sessions to be re-stated; and the sessions may thereupon hear fresh evidence, or restate the case upon the former evidence, as may be necessary (e).
(e) R. v. Bray, Burr. S. C. 682. ii. 228. See R. v. Page, 2 Bott, 736. ii. 229. R. v. Middlezoy, 2 T. R. 41. ii. 230. K. v. Lushington, Burr. S. C. 232, ii. 231.
Costs and Maintenance.] The justices at sessions, “ upon any appeal before them there to be had for or concerning the settlement of any poor person, or upon any proof before them there to be made of notice of any such appeal to have been given by the proper officer to the churchwardens or overseers of the poor of any parish or place (although they did not afterwards prosecute such appeal”), shall order to the party in whose behalf such appeal is determined, or to whom such notice was given, such costs as they in their discretion shall think just and reasonable (f).
(f) 8 & 9 W. 3. c. 30. s. 3. See R. v. JJ. of the county of Notting ham, 1 Sess. Ca. 422. ii, 232.
If the appeal be determined in favour of the appellants, the justices may order and award to them so much money as shall appear to have been reasonably paid by them towards the relief of the pauper, between the time of the removal, and the determination of the appeal (g).
(g) 9 Geo. 1. c. 7. s. 9. See St. Mary, Nottingham, v. Kirklington, 2 Sess. Ca. 67. ii. 233. R. v. Great Chart, Burr. S. C. 194. ii. 116. R. f. JJ. of Norfolk, 5 B. & A. 484. ii, 200.