of his brother in the adjoining parish of Winsford, and was found there, and conveyed from thence to the asylum by the relieving officer; and a subsequent order of Justices, for the payment of the expense of the maintenance of the lunatic, was made on the treasurer of the union. The Poor Law Commissioners, on being applied to by the guardians of the union, gave it as their opinion that, under section 57. of 8 & 9 Vict. c. 126, the charge must be in the first instance on the parish of Winsford, from which the lunatic was sent. And the guardians accordingly made the following minute:-"Ordered, that a cheque be signed for 137., the expense of keeping Thomas Hole in the lunatic asylum at Devizes. Debit Winsford parish. Credit treasurer." Montague Smith, for the auditor (1).The auditor has no interest in the matter, and has acted for the best. There appears to have been a temporary change of residence, and the auditor had no power to inquire into the settlement, but was obliged to act on the best information in his power as to where the pauper, a wandering lunatic, was found. Pashley, on behalf of the overseers of Hawkridge. This proceeding to bring before this Court the parish officers of Hawkridge is wholly unnecessary and unwarranted. The lunatic appears to be the son of a substantial farmer owning land in Hawkridge, and never before was chargeable. He appears to have been neglected by those whose duty it was to attend to him, and hence arose the necessity for the interference of the rector, who clearly considered him a wandering lunatic and proper to be dealt with under 8 & 9 Vict. c. 126. ss. 48, 49, and accordingly he, not being chargeable to any parish, is dealt with according to the form given in Schedule (E.) No. 1, which applies to lunatics chargeable as well as those wandering though not chargeable. The 57th section of 8 & 9 Vict. c. 126, to which the Commissioners referred the overseers, only applies to pauper lunatics, and provides that when (1) May 30, before Lord Denman, C.J., Patteson, J., Coleridge, J. and Erle, J. any pauper lunatic shall be confined under the provisions of that act he shall for the purposes of that act be deemed to belong to and continue chargeable "to the parish from which or at the instance of some officer or officiating clergyman of which he shall have been sent," but here the lunatic was not a pauper. [PATTESON, J.-The guardians do not appear to have told the Poor Law Commissioners that the lunatic was not a pauper.] The Even if the pauper had been considered as removable to the asylum under 8 & 9 Vict. c. 126. ss. 48, 49, still he would until his settlement was ascertained, continue chargeable to the parish "in which he was apprehended or taken" (s. 49), and the auditor could only follow the directions of the Poor Law Commissioners. lunatic, not being a pauper, should have been dealt with under 8 & 9 Vict. c. 100, and that statute does not give power to the Justices to charge the expenses on any parish or union. The order of maintenance, however, made under section 62. of 8 & 9 Vict. c. 126, could not be inquired into by the auditor; and the Court will not assist the overseers of Winsford, who seek not only to be relieved from paying the sum charged to them, but to cast it on another parish. The overseers of Winsford or the guardians of the union might apply for an order on the father of the lunatic to pay towards his maintenance under the 43 Eliz. c. 2,11 & 12 Vict. c. 110. s. 8. [PATTESON, J.-That only applies to the cases of persons chargeable to any parish.] Here the expenses have been charged to the union. [PATTESON, J.-But that is on the assumption that the lunatic has become chargeable by virtue of the order under which he was received into the asylum.] The auditor had no power under 7 & 8 Vict. c. 101. to institute a judicial inquiry or to examine witnesses. The proper course would be for the parties to apply to Justices to disallow the order of the guardians under 4 & 5 Will. 4. c. 76. s. 89. and 17 Geo. 2. s. 31. [PATTESON, J.-But there is no order made on the parish of Winsford to pay any particular sum, it is only directed to be allowed on account.] It is very hard that the overseers of the parish of Hawkridge should be brought here. Kinglake, Serj. and Ball, contrà.-The order for the admission into the asylum was made under sect. 49. of 9 & 10 Vict. c. 126, the lunatic not being chargeable; but by sect. 84. (the interpretation clause) he is to be considered a pauper by reason of his having been sent by a Justice to the asylum. [COLERIDGE, J.-I doubt whether the interpretation clause assists you: a distinction is drawn in ss. 48. and 49. between lunatics chargeable and not chargeable. Lunatics not chargeable are by sect. 49. to be sent to the asylum by two Justices. The interpretation clause only defines as paupers those who are sent by one Justice.] Then, after the Justices have made an order of maintenance under sect. 61, the guardians say, that it is to be charged to Winsford, and this allowance is brought before the auditor as part of their account. [PATTESON, J.-I do not see what right the guardians had to direct the payment of this sum by one parish rather than another: the Justices might have done so.] Then, why is the parish of Winsford to pay it? [PATTESON, J.-They may not be fairly charged, but in this rule they seek to charge. the parish of Hawkridge.] Cur. adv. vult. The judgment of the Court was now delivered by ERLE, J.-In this case the question has been, whether the lunatic was taken from the parish of Winsford or of Hawkridge. His home was in Hawkridge, and the relatives by whom he was neglected lived there, and the clergyman of that parish made the instance to the relieving officer in consequence of which a warrant was obtained by that officer to bring him up for examination, under which warrant the lunatic was detained in Hawkridge until finally sent from thence by order of two Justices; but the detention under that warrant commenced at Winsford, in which parish the relieving officer, when proceeding to execute that warrant, happened to find the lunatic, during a short visit made by NEW SERIES, XVIII.-MAG. CAS. him to his brother there. Upon these facts, we are of opinion that the lunatic was taken from the parish of Hawkridge, the taking contemplated by the 49th section of statute 8 & 9 Vict. c. 126, being rather the proceedings under which the lunatic is sent to confinement than the mere capture by which his personal freedom is first controuled. It was properly conceded on the argument that the expression, "the parish from which he was taken," is very nearly equivalent to "the parish from which, or at the instance of some clergyman or officer of which, he was sent," which is another form of expression occurring in other sections. Although the lunatic was not chargeable, it is clear from the form of the order given in schedule (E), No. 1, that he is considered as a pauper in respect of his being sent to confinement. Then, the order having been made upon the union in respect of a pauper taken from the parish of Hawkridge, the expenses ought to have been charged to that parish, and not to Winsford; therefore, the allowance of the sum in question against the parish of Winsford ought to be quashed, and that sum ought to be repaid to that parish by the parish of Hawkridge, and the costs of the parish of Winsford ought to be paid to that parish by the union. "ob A mortuary is not an "oblation" or vention" within 7 & 8 Will. 3. c. 6, and is, therefore, not recoverable before two Justices of the Peace. An information before two Justices stated that A. and B, as executors of C, "the oblations, obventions, and other customary dues and payments," arising within the parish of W. and due from them as such executors to J. T, J. M. W. and W. W, had not paid," &c. By an order of the same Justices, reciting the above information, and a summons and hearing of the said A. and 2 H B, the said Justices determined that there was justly due from the said A. and B, as such executors as aforesaid, to the said J. T, J. M. W. and W. W, the sum of 10s. for and in respect of, and being the amount of the "oblations, obventions, and other customary dues and payments," and ordered the payment by the said A. and B, as executors, of the said sum of 10s. :-Held, first, that evidence was properly admitted INDEX TO THE REPORTS OF CASES CONNECTED WITH THE DUTIES AND OFFICE OF MAGISTRATES: FROM TRINITY TERM 1848, TO MICHAELMAS TERM 1849. Appeal against order of removal properly dis- Grounds of, need not purport to be signed by --- against order of removal dismissed at borough Poor of parish being under management of Sessions no power to make rule of practice Ground of appeal that chargeability occa- If examination state that pauper born in appellant parish, and had gained no settlement Ground of appeal that pauper's late husband See Lunatic. Apprenticeship Allowance of indenture of appren- Indenture of parish apprenticeship stated in Assault-Upon indictment for assaulting girl nine Audit and Auditor By local act corporation con- any number of parishes incorporated for relief of Bail-Power of Magistrate to accept or refuse bail Bailment. See Larceny. Baron and Feme. See Order of Removal. Receiv- Bastardy-Order of affiliation purported on its A woman applied for order of affiliation Order of affiliation bad for defects appear- |