Where, upon the trial of an appeal, the question was, whether the pauper had gained a settlement by renting a tenement in parish A, and it being then settled parish A.whereby (if that payment were not fraudu lently made by the parish officers of B. to enable him to acquire a settlement in A,) he would become settled in the latter parish, it is a question of fact for the sessions, whether that payment was fraudulent or not; and if the justices at sessions are of P. 788.-Special cases. The justices are to state facts, not evidence of them; Rex v. the Inhabitants of Tillingham, 1 Bar. § Adol. 180. Upon appeal against an order of two justices, whereby J. Spells and his wife and children were removed from Bradwell to Tillingham, the sessions confirmed the order, subject to the opinion of the Court on the following case:-/ -About Michaelmas, 1827, the pauper, who it was admitted was before legally settled in Tillingham, hired a house, garden, and bakehouse, situate in Bradwell, of appeared that he, Mr. John Willis, under the following agreement:-" Mr. Jonathan Spells agrees to take the house and shop, late in the possession of John Stoker, situate in the parish of Bradwell, Essex, at the yearly rent of 101. for the first two years, to commence at Christmas, 1827, clear of all rates and taxes, landlord's excepted: half-yearly payments. Jonathan Spells." The pauper took possession of the premises at Christmas, 1827, and occupied them a whole year. He also paid a year's rent for them under the following circumstances. Soon after Midsummer, 1828, Mr. Willis applied to the pauper for a half-year's rent then due, which he was unable to pay. Shortly after Michaelmas, 1828, a similar application was made for three quarters of a year's rent then due, but no money was paid. The pauper, being then distressed, his business of a baker failing, and his family in want, applied to Mr. Stowers, one of the overseers of Tillingham, for relief; and also for a sum of money to enable him to pay his half-year's rent and to carry on his business. Mr. Stowers gave the pauper 11. for relief, and directed him to call again two or three days afterwards. The pauper did call again accordingly, when he received from Mr. Stowers the sum of 12l. 10s., 7l. 10s. of which he paid to his landlord for the three quarters of a year's rent due at Michaelmas, and the remaining 57. he applied in carrying on his business and supporting his family. Shortly after Christmas, 1828, Mr. Robert Willis, one of the overseers of Tillingham (but not the acting one), who was nephew of the proprietor of the house in which the pauper resided, and acted as agent to his uncle, applied to the pauper for one quarter of a year's rent then due. The pauper said he was unable to pay it, and that he must apply to Mr. Stowers for relief for himself and his family. Mr. Willis said, that if the rent was not paid the next day he should put in a distress, to which the pauper replied, he did not consider there was any rent due until the following Michaelmas, 1829. The pauper afterwards again applied to Mr. Stowers for relief; Mr. Willis was present, and asked the pauper if he would object to pay the rent if he had the money in his pocket to which the pauper replied, No; but repeated that he did not consider there was any rent due. Mr. Stowers then desired the pauper to withdraw for a few minutes, that he and Mr. Willis might consult up a the business. The pauper did withdraw accordingly, and in a few minutes was called in again, when Mr. Stowers gave him 31. Mr. Willis then demanded of the pauper payment of the one quarter's rent, and the pauper accordingly paid him 27. 10s., reserving only the remaining 10s. for himself; as he was going away, the pauper asked Mr. Stowers where he was to apply for relief when the 10s. were gone, saying that he supposed, as he had paid a year's rent for his house, he was in future to apply to the parish of Bradwell; to which Mr. Stowers replied, that he was. Previously to his advanc ing the sums of 71. 10s. and 31. to the pauper, Mr. Stowers consulted the other parish officers of Tillingham upon the propriety of making such advances and both those advances were made by their knowledge and appro bation. He also took the opinion of two magistrates of the district upon a supposed case, and was advised by them that he might safely and properly make such advances, and that his so doing would not prejudice the pauper's right to acquire a settlement in Bradwell. The sessions did not assign fraud as the ground for determining that no settlement had been acquired in Bradwell, but stated that, as the facts of the case were novel, they were desirious of having the opinion of the court of K. B. whether the payment of rent under such circumstances was a legal payment.-Bayley, J. It is opinion, upon the evidence, that the money was paid solely to enable the pau. per to gain a settlement in parish A, they ought to find fraud; but if, on the other hand, they are of opinion that the money was paid for the purpose of relieving him, they ought to negative fraud. not for this Court to draw the conclusion of fraud from the facts stated. It was a question for the justices at sessions, whether there was fraud or not. If the money was paid by the overseer to the pauper when he was actually under pressure, as for the purpose of relief, that would be no fraud; but if it was paid, not with a view of relief, but only to get rid of the pauper, and Case sent back to the sessions. then no case. A churchwarden, though respondent, is a witness P. 789.—A special case granted by the sessions, is removed by Certiorari, If no certiorari and therefore if that writ be taken away by statute, local or otherwise, no case can be brought up to the Superior Court. [See Certiorari.] P. 793.—Rex v. Ashcomb, referred to p. 793.-The case stated, "The respondents produced their own churchwarden as a witness in support of their case. And the Court being of opinion that the said witness as a party to the appeal, is incompetent to give evidence therein, and the respondents not having produced any other evidence to establish a settlement in the appellant parish, this order is quashed, subject, &c., as to the admissibility of the churchwarden's testimony. Rule absolute for quashing the order of sessions. P. 793.-Rex v. Hardwicke, 11 East, 557. Rex v. Woburn, 10 East, 395, 402. Upon an appeal by the churchwardens and overseers of the poor of the parish of St. Alban, in the county of Hertford, against an order of justices for the removal of Mary Brown, widow, and her children, from the parish of Woburn, in the county of Bedford, to St. Alban, John Hilliard, an inhabitant of the appellants' parish of St. Alban, and rated and paying to the poor's rates of the said parish, was called as a witness on the part of the respondents, and refused to give evidence. The sessions were of opinion that the said John Hilliard was not compellable to give evidence, and quashed the said order; subject to the opinion of the Court on this point. Topping & Peckwell appeared in support of the order of sessions; the Attorney-General and Best, contrà.-The Court said, that the question being of general consequence, as involving the construction of the late act, they would advise upon it before they delivered their opinion.-And Le Blanc, J. observed, that if the sessions had been aware at the time of the extent of the question, there would have been no difficulty: for if the witness were rejected on the ground of his being a party to the suit, his declaration of any facts touching the matter in issue would necessarily have been evidence against him. for his own parish. APPENDIX OF FORMS. 1. Forms relating to Oberseers, &c. &c. County of To E. F., gentleman, High Constable of the hundred of said county. in the to wit. Given under our hands and seals the 1.Forms relating to overseers, &c. 1. Warrant for returning lists of overseers, under 43 Eliz. day of in the year of our c. 2, and 54 Geo. 3, c. 91, (a). A. B. (L. S.) C. D. (L. S.) By virtue of a precept from A. B. and C. D., esquires, two of his Majesty's justices of the peace in and for the said county of (one whereof was and is of the quorum,) to me directed, you are hereby required, immediately upon sight hereof, to give notice to all and every the overseers of the poor within your constablewick, that they make out a list in writing of a competent number of substantial householders within their respective districts, and deliver in the same to the said justices, and others his said Majesty's justices of the peace for the said county, at a special sessions to be holden at said county, on the (c), at the hour of forenoon of the same day, to the end that out of the said list the said justices may appoint other overseers of the poor for the year then next ensuing (d). And you are hereby also required to give notice to all justices of the peace, for the said county, residing in your constablewick, of the time and place appointed day of (a) See a form and notes, ante, 21. (b) This is referred to in the foregoing precept. See another form and notes, ante, 21. in in the (c) By 54 Geo. III. c. 91, this must be within fourteen days after 25th March in each year, ante, 15. (d) See 43 Eliz. c. 2, s. 1, ante, 5, petty constable (b). 1.Forms relating for holding the said special sessions. And be you then and there to certify what you shall have done in the premises. Herein fail you not. to overseers, &c. 3. Notice of holding a vestry for nomination of overseers. 4. The return or nomination to be made by the vestry to the magistrates. Given under my hand the day of thousand eight hundred and thirty-one. in the year of our Lord one E. F., High Constable. The inhabitants of this parish [or township] are requested to meet in public vestry, at the vestry-room, on the day of next, at o'clock in the noon, to make out a list of persons fit and proper to serve the office of overseers of the poor for the year ensuing, to be returned to the justices of the peace for the division of [or as the case may be.] in the county of At a public vestry, duly held in and for the parish of pursuant to notice on the day of in the year of our Lord one thousand eight hundred and thirty-one, the following persons, whose names are subscribed, are returned to his Majesty's justices of the peace, acting in and for the hundred [or division] of in the said county of as substantial householders within the said parish, and meet and fit and proper persons to serve the office of overseers of the poor of the said parish [or town ship, hamlet, or precinct] of in the said county of ensuing. for the year 5. The nomina tion by the ves- gistrates of non- At a public vestry, duly held in and for the parish of pursuant to notice on the day of in the county of in the year of our Lord in the said [or where one thousand eight hundred and thirty-one, the following persons are nominated County of We, A. B. and C. D., esquires, two of his Majesty's justices of the to wit. and ante, 15 and 16, note (a). The 54 (a) See a form and notes, ante, 22. (b) This is essential, or the word "there" must be stated after sub |