LAW JOURNAL REPORTS FOR THE YEAR 1881. CASES RELATING TO THE POOR LAW, THE CRIMINAL LAW, CHIEFLY CONNECTED WITH The Duties and Office of Magistrates, PRINCIPALLY DECIDED IN THE QUEEN'S BENCH, COMMON PLEAS, AND EXCHEQUER DIVISIONS, AND IN THE COURT FOR CROWN CASES RESERVED, MICHAELMAS SITTINGS, 1880, TO TRINITY SITTINGS, 1881, BOTH INCLUSIVE. REPORTED In the Court for Crown Cases Reserved, In the Queen's Bench Division, By J. H. ETHERINGTON SMITH, Esq., AND RICHARD HOLMDEN In the Common Pleas Division, By WILLIAM PATERSON, Esq., AND GILBERT GEORGE KENNEDY, Esq., In the Exchequer Division, By W. DECIMUS I. FOULKES, ESQ., AND FRANCIS PARKER, Esq., MAGISTRATES' CASES. VOLUME L. LONDON: PRINTED BY SPOTTISWOODE AND CO., NEW-STREET SQUARE. PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE. MDCCCLXXXI. SUPREME COURT OF JUDICATURE. CASES RELATING TO THE POOR LAW, THE CRIMINAL LAW, CHIEFLY CONNECTED WITH The Duties and Office of Magistrates. LAW JOURNAL REPORTS, VOL. L. MICHAELMAS, 1880, TO MICHAELMAS, 1881. 44 Victoriæ. [IN THE QUEEN'S BENCH DIVISION.] 1880. Nov. 6, 23. } THE QUEEN V. THE GUARDIANS OF THE ABERGAVENNY UNION. Poor Law-Divided Parishes, &c., Act, 1876 (39 & 40 Vict. c. 61), s. 34-Residence-Order of Removal made without Corroborative Evidence-Appeal to Sessions -Fresh Evidence on Appeal-Jurisdiction of Sessions. By the Divided Parishes, &c., Act (39 & 40 Vict. c. 61), s. 34, a settlement is acquired by three years residence in a parish, but no order of removal in respect of a settlement so acquired is to be made upon the evidence of the person to be removed, without such corroboration as the Justices or Court think sufficient. An order was made by Justices for the removal of a pauper to M. by reason of a settlement acquired under section 34 without any corroboration. There was an appeal to the sessions on several grounds, one of which was that no settlement had been acquired by residence; and another, that no corroboration of the pauper's evidence was given before the Justices who made the order of removal: Held, that it was competent for the ses VOL. 50.-M.C. sions to receive such corroborative evidence, though not tendered before the Justices making the order, there being other grounds of appeal which could not be decided without hearing such evidence. Quære, whether such corroborative evidence could have been received if the only ground of appeal had been that the order of removal was a nullity, owing to its having been made upon the evidence of the pauper without any corroboration. This was a case stated for the opinion of this Court by the Court of quarter sessions for the county of Monmouth, the question being whether an order of the Court of quarter sessions, quashing an order of two Justices of the peace for the removal of one Jane Williams from the Abergavenny Union to the Monmouth Union, was good in law. The facts were as follows: Jane Williams is the widow of James Williams, who died in February, 1879. In May, 1871, James Williams and his then wife Jane went to reside in Monmouth Union, and continued to do so until James died in February, 1879. In February, 1879, after the death of B |