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of his brother in the adjoining parish of any pauper lunatic shall be confined under Winsford, and was found there, and con- the provisions of that act he shall for the veyed from thence to the asylum by the purposes of that act be deemed to belong relieving officer; and a subsequent order of to and continue chargeable “to the parish Justices, for the payment of the expense from which or at the instance of some officer of the maintenance of the lunatic, was made or officiating clergyman of which he shall on the treasurer of the union.
have been sent," but here the lunatic was The Poor Law Commissioners, on being not a pauper. applied to by the guardians of the union, [PATTESON, J.-The guardians do not gave it as their opinion that, under section appear to have told the Poor Law Commis. 57. of 8 & 9 Vict. c. 126, the charge must sioners that the lunatic was not a pauper.] be in the first instance on the parish of Even if the pauper had been considered Winsford, from which the lunatic was sent. as removable to the asylum under 8 & 9 And the guardians accordingly made the Vict. c. 126. ss. 48, 49, still he would following minute :-"Ordered, that a cheque until his settlement was ascertained, conbe signed for 131., the expense of keeping tinue chargeable to the parish " in which Thomas Hole in the lunatic asylum at he was apprehended or taken” (s. 49), and Devizes. Debit Winsford parish. Credit the auditor could only follow the directions treasurer."
of the Poor Law Commissioners. The
lunatic, not being a pauper, should have Montague Smith, for the auditor (1).- been dealt with under 8 & 9 Vict. c. 100, The auditor has no interest in the matter, and that statute does not give power to the and has acted for the best. There appears Justices to charge the expenses on any parish to have been a temporary change of resi- or union. The order of maintenance, howdence, and the auditor had no power to in- ever, made under section 62. of 8 & 9 Vict. quire into the settlement, but was obliged c. 126, could not be inquired into by the to act on the best information in his power auditor; and the Court will not assist the as to where the pauper, a wandering lunatic, overseers of Winsford, who seek not only was found.
to be relieved from paying the sum charged Pashley, on behalf of the overseers of to them, but to cast it on another parish. Hawkridge. — This proceeding to bring The overseers of Winsford or the guardians before this Court the parish officers of of the union might apply for an order on Hawkridge is wholly unnecessary and un- the father of the lunatic to pay towards his warranted. The lunatic appears to be the maintenance under the 43 Eliz. c. 2,son of a substantial farmer owning land in 11 & 12 Vict. c. 110. s. 8. Hawkridge, and never before was charge- [PATTESON, J.—That only applies to the able. He appears to have been neglected cases of persons chargeable to any parish.] by those whose duty it was to attend to Here the expenses have been charged to him, and hence arose the necessity for the the union. interference of the rector, who clearly [PATTESON, J.-But that is on the considered him a wandering lunatic and assumption that the lunatic has become proper to be dealt with under 8 & 9 Vict. chargeable by virtue of the order under c. 126. ss. 48, 49, and accordingly he, not which he was received into the asylum.] being chargeable to any parish, is dealt with The auditor had no power under 7 & 8 according to the form given in Schedule (E.) Vict. c. 101. to institute a judicial inquiry No. 1, which applies to lunatics charge- or to examine witnesses.
The proper able as well as those wandering though course would be for the parties to apply to not chargeable. The 57th section of Justices to disallow the order of the guar8 & 9 Vict. c. 126, to which the Commis- dians under 4 & 5 Will. 4. c. 76. s. 89. and sioners referred the overseers, only applies 17 Geo. 2. s. 31. to pauper lunatics, and provides that when [PatteSON, J.-But there is no order
made on the parish of Winsford to pay any (1) May 30, before Lord Denman, C.J., Patteson, particular sum, it is only directed to be J., Coleridge, J. and Erle, J.
allowed on account.]
It is very hard that the overseers of the him to his brother there. Upon these facts, parish of Hawkridge should be brought we are of opinion that the lunatic was taken here.
from the parish of Hawkridge, the taking Kinglake, Serj. and Ball, contrà.—The contemplated by the 49th section of statute order for the admission into the asylum 8 & 9 Vict. c. 126, being rather the prowas made under sect. 49. of 9 & 10 Vict. ceedings under which the lunatic is sent to c. 126, the lunatic not being chargeable ; confinement than the mere capture by which but by sect. 84. (the interpretation clause) his personal freedom is first controuled. he is to be considered a pauper by reason It was properly conceded on the argument of his having been sent by a Justice to the that the expression, “the parish from which asylum.
he was taken," is very nearly equivalent to [COLERIDGE, J.-I doubt whether the " the parish from which, or at the instance interpretation clause assists you : a distinc- of some clergyman or officer of which, he tion is drawn in ss. 48. and 49. between was sent,” which is another form of expreslunatics chargeable and not chargeable. sion occurring in other sections. Although Lunatics not chargeable are by sect. 49. to the lunatic was not chargeable, it is clear be sent to the asylum by two Justices. from the form of the order given in schedule The interpretation clause only defines as (E), No. 1, that he is considered as a pauper paupers those who are sent by one Justice.] in respect of his being sent to confinement.
Then, after the Justices have made an Then, the order having been made upon order of maintenance under sect. 61, the the union in respect of a pauper taken from guardians say, that it is to be charged to the parish of Hawkridge, the expenses Winsford, and this allowance is brought ought to have been charged to that parish, before the auditor as part of their account. and not to Winsford; therefore, the allow
[PATTESON, J.—I do not see what right ance of the sum in question against the the guardians had to direct the payment of parish of Winsford ought to be quashed, this sum by one parish rather than another : and that sum ought to be repaid to that the Justices might have done so.]
parish by the parish of Hawkridge, and the Then, why is the parish of Winsford to costs of the parish of Winsford ought to
be paid to that parish by the union. (PATTESON, J.-They may not be fairly
Rule absolute accordingly. charged, but in this rule they seek to charge the parish of Hawkridge.]
Cur, adv. vult. The judgment of the Court was now 1818. delivered by
July 5. S ERLE, J.-In this case the question has
Clergy Mortuary Statute 7 f 8 been, whether the lunatic was taken from
Will. 3. c. 6.-—Justice of the Peace-Evithe parish of Winsford or of Hawkridge. dence-Order—Warrant of Distress. His home was in Hawkridge, and the relatives by whom he was neglected lived A mortuary is not an
oblation" or obthere, and the clergyman of that parish vention" within 7 & 8 Will. 3. c. 6, and is, made the instance to the relieving officer therefore, not recoverable before two Justices in consequence of which a warrant was of the Peace. obtained by that officer to bring him up An information before two Justices stated for examination, under which warrant the that A. and B, as executors of C, “the oblunatic was detained in Hawkridge until lations, obventions, and other customary dues finally sent from thence by order of two and payments," arising within the parish of Justices; but the detention under that W. and due from them as such executors warrant commenced at Winsford, in which to J. T, J. M. W. and W. W, had not parish the relieving officer, when proceeding paid," &c. By an order of the to execute that warrant, happened to find Justices, reciting the above information, and the lunatic, during a short visit made by a summons and hearing of the said A. and NEW SERIES, XVIII.-Mag. Cas.
AYRTON AND ANOTHER 0. ABBOTT
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
TO THE REPORTS OF CASES
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
ticeship should appear on face of it to be locally
Indenture of parish apprenticeship stated in
y. Aldborough, 81
years of age, connexion proved, and jury found
acquittal. R. v. Read, 88
stituted for relief and maintenance of poor in
and maintenance of poor. R. v. Bristol, 132
to parish included within an audit district, has
See Poor Law Cominissioners.
on former indictment reversed for error in judg-
liable to suffer judgment for offence charged,
within meaning of rule. R. v. Drury, 189
in misdemeanour a judicial duty, and action not
Linford v. Fitzroy, 108
ing Stolen Goods.
face to be made by Justices of county of L. at
A woman applied for order of affiliation
Order of affiliation bad for defects appear-