I.Forms relating and elect to overseers, &c. for the of [his addition] to be an assistant overseer of the poor of Given under our hands and seals, this day of in the year of our A. B. (L. S.) 13. Mandamus George the Fourth, by the Grace of God, of the United Kingdom of Great Britain to justices to appoint overseers of the poor (u). and Ireland, King, Defender of the Faith. To the Keepers of our Peace, and our Justices assigned to hear and determine divers felonies, trespasses, and other misdemeanours committed within our county of Glamorgan, and to every of them, greeting. Whereas, we have been informed in one court before us, upon the complaint of divers of the inhabitants of the parish of St. Bride's Major, in our said county of Glamorgan, that for divers years last past there have been, or ought to hare been, and still, of right, ought to be, four, three, or two, substantial householders (inhabiting within the parish aforesaid) nominated and appointed, yearly, and every year, under the hands and seals of two or more of you, the said keepers of our peace and justices, one whereof being of the quorum, to be overseers of the poor for the whole parish of St. Bride's Major: And, whereas, we have further been given to understand, in our court before us, (b) that application hath been made to you, the said keepers of our peace, and justices assigned, as aforesaid, to nominate and appoint four, three, or two, substantial householders of the parish aforesaid, to be overseers of the poor for the whole parish aforesaid, for the present year; but that you, the said keepers of our peace, and justices assigned, as afore said, have wholly neglected and refused to nominate and appoint such oversters of the poor, as aforesaid, for the whole parish aforesaid, and that no such nomination and appointment of overseers of the poor, for the whole parish, aforesaid, for this present year, hath been at any time made, in contempt of us, and to the great damage and prejudice of the inhabitants of the parish aforesaid, and to the oppression of the poor thereof; we, therefore, being willing that due and speedy justice should be done in this behalf, as it is reasonable, do command you, the said keepers of our peace, and justices assigned, as aforesaid, and every of you, firmly enjoining you, that you, immediately after the receipt of this our writ, you, or two of you, one whereof to be of the quorum, do, without delay, nominate and appoint four, three, or two, substantial householders, inhabiting within the parish aforesaid, to be overseers of the poor for the whole parish of St. Bride's Major, aforesaid, for the remainder of the present year, or that you shew us cause to the contrary thereof, lest, by your default, the same complaint should be repeated to us; and how you shall have executed this our writ make known to us at Westminster, on Tuesday next after the morrow of All Souls, then return ing to us this our said writ, and this you are not to omit. Witness, Charles, Lord Tenterden, at Westminster, the twenty-eighth day of June, in the eighth year of our reign. By Rule of Court. By the Court, LUSHINGTON. (a) See the cases, ante, 24, 25. on which the motion for mandamus was founded. County of Surrey to wit. 1.Forms relating to overseers, &c. 14. Mandamus to the governors and guardians of the poor of St. Mary, Newington, to call a seers. George the Fourth, by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, to the Governors and Guardians of the Poor of the parish of St. Mary, Newington, in the county of Surrey, and to every of them, greeting. Whereas by an act of parliament made and passed in the fifty-fourth year of the reign of our late Royal Father, intituled "An act for repealing an act passed in the forty-eighth year of the reign of his present Majesty, intituled an act for better assessing and collecting the poor and other rates in the parish of St. Mary Newington, in the county of Surrey, and regulating the poor thereof, and granting other powers, in lieu thereof, for rebuilding or repairing the vestry to nominate governors, workhouse and removing and preventing encroachments and annoyances in the and prepare a said parish, and for other purposes relating thereto," it is [amongst other things] list for overenacted, "That the rector, churchwardens, and overseers of the poor of the said parish, and also the justices of the peace for the said county of Surrey, resident in the said parish for the time being, together with certain persons therein-named, and their successors, to be appointed in manner thereinafter mentioned, shall be and they are hereby appointed governors and guardians of the poor of the said parish of St. Mary Newington, in the said county of Surrey, for the purposes of well governing, providing for, employing and managing the said poor, and for carrying the several other purposes of the said act into execution: And whereas it is by the said act further enacted, "That whenever any vacancy of the said governors and guardians shall arise by death, removal, resignation, disqualification, refusal, or neglect, or have been rendered incapable of acting in the powers and authorities by the said act reposed in them, that then, and in every such case, it shall and may be lawful to and for the remaining or continuing governors and guardians to supply such vacancies until the election of governors and guardians at the then ensuing Easter, when it shall be lawful for the said governors and guardians to call a vestry meeting of the inhabitants of the said parish, on the Easter Tuesday in every year, at which said vestry meeting all the vacancies in the list of governors and guardians shall be filled up by poll or ballot, or in such way of election as shall be deemed most proper and convenient: Provided always, that after the expiration of one year from Easter Tuesday next after the passing of the said act, it shall and may be lawful for the inhabitants of the said parish, in vestry assembled, in such manner, and at such time as aforesaid, also to nominate and choose twelve persons in the room or stead of twelve of the old governors and guardians, who are thereby required and directed yearly, and every year in succession, according to the priority of their election and appointment, to go out of office, in order that such other twelve persons shall be so chosen annually, in their room and stead, in the manner aforesaid; but nothing therein contained shall extend to prevent the inhabitants of the said parish, at such vestry, from re-electing any of those governors and guardians who have retired from office, or any of those who are to go out by rotation. Provided always that no inhabitant of the said parish, or other person, shall be entitled to a vote, or have voice at or in any vestry to be held for the said parish, who shall not be an inhabitant householder, and rated to and having paid, or who, being rated, shall not then pay all and every the rates or assessments made by virtue of a certain act of parliament passed in the forty-eighth year of the reign of our said late Royal Father, and therein recited, upon his or them, and for which he [she or they] shall be liable by virtue of the said act, if the same hath theretofore, or shall then and there be demanded of him [or them]." And it is also, by the said act [amongst other things] further enacted, That on the Easter Tuesday next after the passing of the said act, and so in like manner on the Easter Tuesday in each and every succeeding year the inhabitants of the said parish of St. Mary Newington, in vestry assembled [or the major part of them there present] shall nominate eight substantial householders to serve the office of overseers of the poor of the said parish, and shall cause a list of the names of the said persons to be delivered to the justices of the peace acting in and for the Eastern half-hundred of Brixton, and borough of Southwark, in the said county of Surrey, at the next ensuing petty session: And the said justices, at their said petty session, or any two or more of them shall, and they are thereby authorized and required to nominate and appoint, by writing under their hands and seals, four of the said eight persons named in such list, to be overseers of the poor of the said parish. And whereas we have been given to understand and be informed, in our court before us, that on Easter Tuesday last there was a meeting holden of the inhabitants of the said parish of St. Mary Newington, in vestry assembled, for the purposes required by the said recited act of the fifty to overseers, &c. 1.Forms relating fourth year of the reign of our late Royal Father; but that the vacancies in the list of governors and guardians of the poor of the said parish, which had occurred in the then preceding year, by death, removal, resignation, or otherwise, and also in consequence of twelve of the old governors and guardians who in succession then went out of office in pursuance of the same act, were not supplied, nominated, or chosen, nor was any nomination made of eight substantial householders to serve the office of overseers of the poor of the said parish. And whereas we have been further given to understand and be informed, in our court before us, that no nomination or appointment of substantial householders to be overseers of the poor of the said parish hath taken place or been made, on the twenty-fifth day of March last, or at any time since, in pursuance of the statute in that case made and provided; And whereas we have been also further given to understand and be informed, in our court before us, that frequent application hath been made to you, the governors and guardians of the poor of the said parish, to call a vestry meeting of the inhabitants of the said parish since Easter Tuesday last, for the purpose of supplying such vacancies, and nominating such list as aforesaid; but that you, the said governors and guardians, not regarding your duty on this behalf, have absolutely refused and neglected, and still do refuse and neglect to call such vestry meeting as aforesaid, to the great damage and grievance of the inhabitants and parishioners of the said parish of St. Mary Newington, as we have been informed from their complaint made to us, whereupon they have humbly besought us that a fit and speedy remedy may be provided in this respect, and thereupon, we being willing that due and speedy justice should be done in the premises, as it is reasonable, do command you, the gover nors and guardians of the poor of the parish of St. Mary Newington, in the county of Surrey, and every of you, firmly enjoining you that immediately after the receipt of this writ you do call a vestry meeting of the inhabitants of the said parish, to be holden in the next ensuing week, to supply the vacancies that have occurred in the said governors and guardians, between Easter, in the year of our Lord one thousand eight hundred and twenty-two, and Easter in the year of our Lord one thousand eight hundred and twenty-three, and also to nominate and choose twelve persons in the room and stead of twelve of the d governors and guardians who have gone out of office in succession, according to the priority of their election, and also to nominate eight substantial householders to serve the office of overseers of the poor of the said parish, and to cause a list of the names of the said persons to be delivered to the justices of the pence acting in and for the eastern half-hundred of Brixton, and borough of Southwark, in the county of Surrey, at the next ensuing petty session, in order that the said justices may nominate and appoint four of the said persons named in such list, to be overseers of the poor of the said parish, or that you shere us cause to the contrary thereof, lest in your default the same complaint shall be repeated to us; and how you shall have executed this our writ, make known to us at Westminster, on Friday next after the morrow of the Holy Trinity, then returning to us this our writ. And this you are not to omit on peril that may fel 15. Notice of appeal to the sessions against an appointment of an overseer (a). thereon. Witness, Sir Charles Abbott, Knight, at Westminster, the sixth day of May, in the fourth year of our reign. By the Court, By Rule of Court. LUSHINGTON. in the To the Churchwardens and Overseers of the Poor of the parish of county of I do hereby give you notice that I intend to and shall appeal at the nest general quarter sessions of the peace, to be holden at in and for the against a certain nomination and appointment made by you, the said A. B. and C. D., on the day of in the year of our Lord one thousand eight hundred and thirty-one, of me, the undersigned E. F., to be one of the overseers of the poor of the said parish for the present year; and I (a) See 43 Eliz. c. 2, s. 6; 17 Geo. II. c. 38, s. 4, and ante, 25, 26. It is advisable to serve each of the magistrates and each of the parish officers with a copy of this notice. (See 15 East, 207, 1 B. & A. 210, ante, 26.) (b) If described as being justices, that precludes the appellant from disputing their authority, ante, 26. 1 further give you, and each and every of you, notice, that the grounds of my said I.Forms relating appeal are as follows, that is to say, that, &c. [here state the grounds of appeal]. (a) Dated this in the year above mentioned. day of E. F. These are much the same as in case of an appeal against a poor rate, or against overseers' accounts, or against an order of removal, &c. See post. See this form, ante, 40. See this form, ante, 40. See this form, ante, 41. See this form, ante, 41. to overseers, &c. 16. The other forms and proceedings on such notice of appeal. 17. Notice to quit to be given by overseers, under 59 Geo. 3, c. 12, s. 24, 25. 18. Information of an overseer for not quitting pursuant to notice. 19. Summons thereon. 20. Warrant thereon to give possession. II. Forms relating to Poor Rates. To the Worshipful the Aldermen and Justices of the peace, of the burgh of Bury II. Forms relating to poor rates. the poor to magistrates of Bury, under local act, of the rate necessary to be made for the use of the Whereas by virtue of an act of parliament, made in the twenty-first year of the reign of his late Majesty, King George the Second, intituled, "An Act for 21. Certificate erecting workhouses, for the better employing and maintaining the poor, within of guardians of the burgh of Bury Saint Edmund's, in the county of Suffolk, and for the better repairing and paving the streets and highways there," the corporation and guardians of the poor, of the said burgh of Bury Saint Edmund's, have, at their court or assembly, this day held at the Guildhall of the said burgh, set down and ascertained the sum of pounds needful for the maintenance and employment of the poor within the care of the said corporation, for three calendar months from the date hereof; we, the guardians of the poor of the said burgh, pursuant to the power given us by the said act, and by authority of the same, do hereby certify unto you, the said alderman and justices of the peace for the said burgh, that the sum needful for the maintenance and employment of the poor, within the care of the said corporation, for three calendar months from the date hereof, is so set down and ascertained by us, at pounds; and that (a) The 43 Eliz. c. 2, s. 6, does not require the notice of appeal to state the grounds; and the 41 Geo. III. c. 23, s. 4, (ante, 142) does not extend to notices of appeal against an appointment of an overseer. VOL. IV. (b) This and the next form are found- poor of the parish of Bury St. Edmund's (b). II. Forms relating to poor rates. we have ordered and directed that the same shall be raised and paid, without and the sum of And also have appointed the churchwardens and overseers of the poor of the said parish of Saint James, to be assessors and collectors of the said sum of pounds for the said parish of Saint James. of In witness whereof we have hereunto affixed our common seal, the day 22. Justices' order thereupon to the churchwardens and overseers to make rate accordingly (a). Borough of Bury St. To the Churchwardens and Overseers of the Poor of the parish of Saint James, in the said borough; and to collector, &c. Whereas, in pursuance of an act of parliament made in the twenty-first year of the reign of his late Majesty, King George the Second, intituled, “ An Att for erecting workhouses, for the better employing and maintaining the Poor, within the burgh of Bury Saint Edmund's, in the county of Suffolk, and for the better repairing and paving the streets and highways there,” the guardians of the poor of the said borough of Bury Saint Edmund's have, upon the day of by writing under their common seal, certified to the aldermen and justices of the peace for the said borough, that they, the said guardians, have sei down and ascertained the sum needful for the maintenance and employment of the poor within their care, for three calendar months from the date thereof, al the sum of and have ordered and directed that the same shall be raised and paid, without delay, by the respective parishes of Saint Mary and Saint James, within the said borough, in such proportions, parts, and shares, as are therein mentioned; and that the sum of is the proportion, part, and share, set on your said parish of Saint James. We, therefore, whose hands and seals are hereunto set, being two of his Majesty's justices of the peace of and for the said borough, according to the power and authority given us in and by the said act, do hereby authorise and require you, the said churchwarden and overseers, to rate and assess the said sum of on all and every the inhabitants, and occupiers of lands, houses, tenements, tithes impropriate, appro priation of tithes, and hereditaments, within your said parish of Saint James: and the money so rated and assessed, to demand, gather, and receive, and for non-payment thereof, being first lawfully demanded, to apply to us, the said justices, to issue our warrant to levy the same by distress and sale of the goods of such person and persons who are so assessed and rated, and ought to pay same sums, and refuse or neglect to pay the same; and all such monies, as you shall receive as aforesaid, you are to pay unto the treasurer for the time being, appointed to receive the same by virtue of the said act. Given under our hands and seals, this year of our Lord one thousand eight hundred and day of the in the Com The churchwardens and overseers of the poor of this parish of hereby give this public notice that they will meet in the vestry-room [or mittee-room"] of this parish, at o'clock in the afternoon of the day of next, to make a quarterly rate for the relief of the poor of the said parish, commencing at and from Midsummer last past, and ending at Michaelmas-day last past. (a) See note to the last precedent. posed rate in the first instance, and upon suggestion, when reasonable, the parish officers ought to frame the rate accordingly; thus much hostility and expence of litigation may be avoided. |