Abandonment-of order of removal, 42, 131

of order of removal, where not sufficient to
prevent appellants from proceeding with appeal,

72

Affidavit. See Certiorari.

Appeal No evidence receivable on ground of ap-
peal, "because the pauper acquired a settlement
in the said parish of S, by hiring and service with
one Mr. J, from Lady-day to the following Lady-
day, and service under the same in that parish
accordingly," where examination of pauper set
out a hiring with Mr. J, of S. (the respondent
parish), and service under it, from Lady-day, in
a specified year, for eleven months and a fort-
night, 7

Quarter Sessions not bound to adjourn hearing
of appeal, where insufficient grounds delivered;
and mandamus not granted where they have re-
fused to do so, believing they had no such power, 9
Examination and grounds of appeal, where
not removable by certiorari, 15

- Joint notice of, where good, though separate
convictions, 40

Notice of appeal on Monday not sufficient
under 4 Geo. 4. c. 95. s. 87, where last of six days
falls on a Sunday. Proof of notice of appeal
where appeal adjourned for convenience of coun-
sel. Whether service of notice of, on a Sunday
would be good, 59

What objections may be taken under general
notice, that "examination is bad upon the face
thereof," 70

Right to enter, to obtain costs, after notice of
abandonment or supersedeas, and power of Ses-
sions to quash order and give costs, although
appellants have not produced original order, or
given respondents notice to produce it, 72

Under the Poor Law Act, a parish to have
twenty-one days after service of order of removal
to consider of an appeal, and not bound to give
the fourteen days' notice of grounds of appeal
required by the Act, until the twenty-one days
have elapsed, 110

Two appeals against the same order of removal
unwarranted, 113

NEW SERIES, XII.-MAG. CAS.

Appeal against order of removal to be made to
Quarter Sessions in London and Middlesex, 134
Grounds of. See Lunatic.

Who may. See Order of Removal.
Apprenticeship-Retainer of settlement acquired by
apprentice to sea service, bound by indenture in
August 1831, for seven years, who had resided a
sufficient time to have gained a settlement, prior
to the passing of the Poor Law Amendment Act,
but whose term did not expire until after that act
came into operation, notwithstanding provisions
of section 67, 52

66

My indentures were assigned to G. W, of F,
in the county, &c., collier, with whom I went and
resided between three and four years," not a suffi-
cient statement of the residence of the pauper in
F, whereon to found a settlement there by ap-
prenticeship, 70

Bastard-born since statute 4 & 5 Will. 4. c. 76,
under section 71, takes not only such settlement
as mother may acquire in her own right, but also
the settlement of a man whom she may subse-
quently marry, 68

Questions upon application for order in bas-
tardy by churchwardens and overseers of a town-
ship, and order for payment by them of costs of
the application, whether it was a good objection
that application ought to have been made by
guardians of union; whether adjournments of
petty sessions appeared upon the face of the order
to have been made within the division; and
whether Court were empowered to award costs,
though the order did not state that any request
had been made for them, 152

Central Criminal Court-Indictments in, should
contain statement of county in which offence com-
mitted and material facts occurred, 111
Certiorari-does not lie to remove order of Sessions
and order of removal, together with the examina-
tions on which it is grounded, and the notice and
grounds of appeal, where Court of Quarter Ses-
sions has heard and determined an appeal against
an order of removal, overruling an objection to

X

the insufficiency of an examination, and granting
no case on the point, 15

Certiorari-Record of conviction on indictment not
removable by, on the ground that Judge has mis-
conceived the law, 26

is irregular, if issued before the Judge's sig-
nature to the fiat. Service of application of notice
for, on a Justice; what sufficient primâ facie evi-
dence of his having received it in due time. Affi-
davit made after granting of, admissible to shew
due receipt of the notice. Quare, whether "moved
and applied for" within six months, where affida-
vit sworn within that time, but fiat not signed till
after, 85

Notice of application for, is sufficiently signed
"W. & S, attornies for the overseers for the
parish of K," 113

As to sufficiency of allegation of place where
offence was committed, in indictments removed
by certiorari from Central Criminal Court, and
tried in the Queen's Bench, 117

See Indictment. Order of Removal.
Commitment--for perjury, sufficiency of, 127
Conspiracy-Indictment charging that defendants,
together with divers other evil disposed persons,
unlawfully, &c. conspired, "by divers false pre-
tences and subtle means, to obtain and acquire
to themselves, of and from one G. F, divers large
sums of money, of the monies of the said G. F,
and to cheat and defraud him thereof," good, as
not too general. That defendants did falsely
pretend to G. F. that a certain carriage and horses,
which they then offered him for sale, “had been
the property of a lady deceased, and were then
the property of her sister, and were not then the
property of any horse-dealer, and were then the
property of a private person;" and that the horses
were quiet to ride and drive, &c., by means of
which said false pretences the said defendants
unlawfully &c., obtained from the said G. F. a
certain valuable security, to wit, &c., with intent
then and there to cheat and defraud him; whereas,
in truth and in fact, &c. (negativing the pre-
tences), sufficiently discloses an indictable offence;
and although this count is bad for omitting to
aver that the valuable security was the property
of the prosecutor, defendants are rightly con-
victed of conspiracy, on proof that they combined
together to make the false pretences in question,

135

Costs. See Highway. Mandamus. Rate.
Criminal Information-not granted, where Justices
act wrongly in error or from mistake, but only
when they are influenced by corrupt, oppressive,
or partial motives, 66

Demolition of Houses-Setting fire to house a de-
struction within 7 & 8 Geo. 4. c. 30. s. 8, 26
Devise-Invalidity of devise directing parish to
exempt property from poor-rates, 24

Estate-Derivative settlement from party possessed
of interest in, not affected by 4 & 5 Will. 4. c. 76.
s. 68; and son going to reside with his father,
possessed of an estate more than ten miles from
parish in which it is situate, retains derivative
settlement, whether emancipated or unemanci-
pated, 3

Evidence-Order of removal of A's brother's wife
to the parish of S, together with the examination
on which it was founded (of which copies were
sent with the order), disclosing a settlement of
A's father in S, and no other; the wife having
been received by the parish officers under that
order, and no appeal made; evidence, although
slight, of the settlement of A. in S; i. e. adducible
before Justices, in order to obtain an order for the
removal of A; but not conclusive evidence, 38

Entry by master, in his memorandum book,
of agreement between himself and servant, for
future service, at certain wages, not admissible
in evidence, after the master's death (upon a
question as to the settlement of the servant),
either as an entry made against his interest, or
in the course of any duty or employment, nor as
evidence of contract between master and servant,
if it does not appear that the servant ever saw or
assented to the terms of it, and it is not signed by
any one, 47

Examination-"Sworn before me, &c., and I do
hereby certify, &c.," signed at the end by two
Justices, no objection to jurat of an examination
on which order of removal is founded, especially
if objection limited to language of jurat, 5

Where statement in grounds of appeal cannot
be coupled with allegations in examination, 7

Sufficient evidence held to appear before Jus-
tices that M. V. and her children were inhabiting
in S. to give them jurisdiction to remove, where
examination returned to a certiorari was headed,
"The examination of M. V, of the township of
S," and appeared on the face of it to be taken at
S, and stated that the examinant M. V. and three
children by her deceased husband, aged respec-
tively seven years, three years, and one year,
are chargeable to S," 17

66

Insufficiency of legal evidence to warrant
order of removal, no ground for granting certio-
rari to remove order to inquire into alleged insuf-
ficiency, 29

Order of removal to D, upon examination
stating that pauper was put out and bound ap-
prentice to W. T, of the township of D, and went
to and served and resided with the said W. T. for
about three years and a half, rightly discharged
by Justices at Sessions without hearing evidence,
on the ground of the examination being insuffi-

cient, there being no sufficient statement that the
pauper had served in the township of D. Words

W. T, of the township of D," sufficiently
shew that W. T. resided in that township, 37
Examination-Justices not ordered to alter, accord-
ing to facts, so as to make it sufficient evidence
of a settlement, 50

Right of appellant under objection, that "ex-
amination is bad upon the face thereof," to shew
that it does not state a settlement, e. g. omits
statement of a residence of forty days in the
parish, 70

Insufficiency of, on removal, on settlement by
tenement, by reason of omitting to state forty
days' residence, 77

of pauper, stating the renting of tenement at
L, without describing it farther by giving the
name of the landlord, by Quarter Sessions, held
insufficient; mandamus to compel to hear appeal
refused. That deponent occupied a cottage for
three years,
"at the yearly rent" of, &c.-defec-
tive, in not stating that he "rented" the tenement
for the term of a year, according to the provisions
of the 6 Geo. 4. c. 57, which was in force at the
time of the occupation, 81

See Hiring and Service.
Execution. See Replevin.

False Pretences. See Conspiracy.

Highway-Conviction by Magistrates, who have
directed a surveyor of highways to remove a cer-
tain nuisance from the highway, and to fence a
pit that was dangerous, in a penalty for hav-
ing wilfully neglected his duty in not re-
moving or causing to be removed certain nui-
sances in and upon a certain highway in the said
parish, &c., and not duly guarding a dangerous
pit lying on the side of the said highway," not
warranted by 20th or 73rd section of Highway
Act, 5 & 6 Will. 4. c. 50, 4

Question on construction of local act for a
borough, investing Commissioners with powers,
provisions, and authorities, contained in 13 Geo.
3. c. 78, whether Justices of Peace for the borough
had authority to order and allow a rate under
sec. 45 of 13 Geo. 3, 27

Power of Justices under 2 & 3 Vict. c. 81, to
make order on parish surveyor to pay portion of
rate levied under General Highway Act, to trus-
tees of turnpike road for its repair, when it ap-
pears that the income arising from the tolls is
insufficient to defray both the expenses of repair
and the interest on money advanced on mortgage
of the tolls, although under the local act, con-
stituting the trust, the income arising from the
tolls is directed to be expended first in repairs,
and afterwards in payment of interest: and
although it appears to them that the income
would be sufficient for the purpose of repairs
alone, 31

Affirmative evidence of existence of ancient
highway in township of A, not necessary on in-
dictment against parish, for non-repair of high-
way, plea, that the parish consisted of five town-
ships, each of which, from time whereof, &c. had
repaired all the highways within their own re-

Re-

spective townships, which would have been other-
wise repairable by the parish at large; that the
highway in question was in the township of A,
which ought to have repaired the same.
plication denying the custom; that highway in
question in the township of A, was a new road,
made in 1804, and no direct evidence of any
highway in A. prior to that time, nor any repair
shewn by A. except upon that road; and proof
that the four other townships had separately re-
paired their own highways, 44

Highway-Single Magistrate no power under 5 & 6
Will. 4. c. 50. s. 94. to summon surveyor of turn-
pike roads. Justices cannot inflict costs under
18 Geo. 3. c. 19. s. 1. for an offence under 5 & 6
Will. 4. c. 50. s. 94. Infliction of costs on sur-
veyor not justifiable where no order of Justices
disobeyed, 94

Inhabitants of township of Little Bolton
held liable by prescription to repair a certain
highway within the township, notwithstanding
the 11 Geo. 4. c. xlvi. s. 64, discharging them
from rates, &c., in respect of the repair of any
public highway within the township, 104
Hiring and Service-Statement, in examination of
a pauper, of settlement by hiring and service
must contain distinct evidence of forty days'
residence in the parish and such residence
will not be inferred from circumstances of being
hired at a low rate of wages, and in agricultural
employment, 33

Where entry of master in a memorandum
book, not evidence of contract of, 47

"Whilst I was single and unmarried," I let
myself, &c., insufficient statement in examina-
tion to support settlement, under 3 W. & M. c.
11. s. 7, it not appearing that at the time of the
hiring pauper had no child or children, 74

Contract to work for four years in any em.
ployment the master might set the pauper to, and
to devote his whole time and attention to such
business during the usual working hours, which
were from 6 A.M. to 6 P.M. in the shop, and the
same when working out, and also to give an ac-
count of all his doings in the business, whenever
required, in consideration of weekly wages, an
exceptive hiring, 78

Hiring exceptive, and no settlement gained,
where woman was hired to work in a factory,
(the total number of hours' work per week in
which is regulated by law,) and agreed to be
bound by the following, amongst other rules:-
"The hours of attendance are, from six o'clock
in the morning till half-past seven at night, ex-
cepting Saturday, when work shall cease at half-
past four," (the whole, omitting an hour and a
half per day allowed for meals, making up the
entire number of hours per week so limited),

80

Pauper hired 30th of November 1828 as a
yearly servant, served the same mistress, in va-
rious places, continuously, until 1837. For last
forty days previous to 30th of November 1833,
resided with mistress; when 4 & 5 Will. 4. c. 76.
passed, resided with mistress in St. Marylebone;
by operation of section 65, last place of settlement
St. Pancras, and not St. Marylebone, 130

See Settlement.

Indictment-Effect of 23 Geo. 2. c. 11, as to alleging
in indictment for perjury, that oath was adminis-
tered in a judicial proceeding, 61

Court no power to oblige prosecutor to give to
defendant additions and places of residence of
witnesses named on the back of indictment, 84

removed by certiorari from Central Crimi-
nal Court, and tried in Middlesex; judgment
arrested for want of averment that offence was
committed within the county. Suggestion nunc
pro tunc directing a trial in Middlesex, refused,
111

Sufficiency, after verdict, of indictment for
misdemeanour preferred and found at the Central
Criminal Court, but removed by certiorari, aver-
ring that M. A. " of the parish of S. in the city of
London," and within the jurisdiction of the said
court, with force and arms, "at the parish afore-
said," committed the offence, on the ground, that
if this was a defective venue at common law, (as
to which quare,) it was, at all events, a case of
improper or imperfect venue, cured by 7 Geo. 4.
c. 60. s. 24, after verdict, the case having been
tried by a jury for the city of London, 117

See Certiorari. Demolition of Houses.
Judgment-Jurisdiction of Q. B. under 11 Geo. 4.
& 1 Will. 4. . 70. s. 9, where judgment has been
pronounced at the Assizes, on a criminal trial on
a King's Bench record, to "amend" the judgment,
by setting it aside or arresting it, 143
Jurisdiction-Application for warrant of distress for
poor-rate, made on the 16th of October to one
Bench of Magistrates, who, being equally divided
in opinion, declined to act; second application on
the 29th of December to other Justices; jurisdic-
tion not taken from the latter Justices by the pre-
vious application, 20

of Quarter Sessions to erase false entry on
records, 148

See Judgment.

Justice of the Peace-Sufficiency of notice of action
indorsed by attorney, signed by plaintiff, and
served by attorney's clerk, 4

Jurisdiction in case of perjury, and where
protected by Metropolitan Police Act, s. 53, 10

Where compellable by mandamus to issue
warrant of distress for poor-rate, 36

Rule as to granting or refusing criminal
information against; and as to his duties in
accepting parties as bail in cases of misdemea-
nour, 66

no jurisdiction, by the common law, to com-
mit for perjury, 127

Indictment against, for administering volun-
tary oath, 143

See Jurisdiction. Metropolitan Police Act.

Lunatic-Order upon overseers under 9 Geo. 4.
c. 40. s. 42. for maintenance of lunatic pauper and
repayment to treasurer of the county. On appeal
on the ground that order not in conformity with
the provisions of the Act, appellant held not
at liberty to object that Justices had no power
to order repayment, section 60 requiring "the
nature and matter" of appeal to be stated. Jus-
tices not precluded from making order, though a
previous order, adjudicating on the settlement,

had been quashed, but not on the merits. Order
for repayment and future maintenance upon a
parish in another county, which does not jointly
maintain the asylum, may be made under section
42, notwithstanding section 43. Semble, where
treasurer has made payments out of county rates,
by order of Justices, under section 41, an order
for repayment to the treasurer of county in which
asylum is situate, may be made under section 42,
though that section does not state to whom the
repayment is to be made, 87

Maintenance-Mandamus to Sessions to grant costs
of, 126

See Lunatic.

Mandamus-not granted to enter continuances and
hear appeal, where appellants, having delivered
insufficient grounds of appeal, applied to the
Court of Quarter Sessions to adjourn the appeal,
and that Court have refused, thinking they had
no such power, and confirmed the order, 9

One writ of, to compel the issuing of two war-
rants of distress for two rates made against the
same individual. Not necessary that mandamus
should be directed against all Justices who re-
fused the warrants; may be directed against Jus-
tice who was interested in the property rated, if
he has acted as a Justice in refusing the warrant.
Justices refused warrant of distress for one rate
on the 25th of August, and another for a different
rate on the 29th of December; mandamus applied
for as to both in Hilary term following, in time as
to both rates, 20

not granted to Justices to correct clerical
error, vitiating recognizances removed into Q.B.
for the purpose of being estreated, 58

not granted to compel Sessions to make special
entry, that order of removal is quashed for in-
formality, 76

Court empowered by 1 Will. 4. c. 21. s. 6, to
give costs to defendant, as well as prosecutor of;
and will oblige prosecutor to elect to proceed or
pay costs, where, after return, he omits to pro-
ceed, 83

Mandamus to Sessions to compel them to grant
costs of appellant parish, between removal of
pauper and hearing appeal, where order of re-
moval quashed, 126

Where not awarded to Sessions to enter and
hear appeal after supersedeas, if no expenses appear
to have been incurred by appellant parish, 131

to Quarter Sessions to erase order confirming
order of removal, on appeal entered by respon-
dents after notice of appeal, 148

See Order of Removal. Poor Rate.
Merits. See Order of Removal.
Metropolitan Police Act-Question, whether Police
Magistrate ordering party who has given evidence
in a charge under the Pawnbrokers' Act, to be
detained, and to find bail to appear on a subse-
quent day, on a charge of perjury, on that day
going into the charge, and binding him over to
appear at the Central Criminal Court, when a
bill is preferred and ignored, is entitled to protec-
tion under section 53. As to venue and time for
bringing the action. Onus on plaintiff in action
against Magistrate, to require that the question
of bona fides shall be put to the jury. Whether