for it was no township at the time of his birth, and the statute had not the effect of conferring any settlement upon him (t). Where a parish consisted of the township of G., and seven other townships in Denbighshire, and of two townships in Flintshire; the townships in Flintshire always maintained their own poor separately; from 1737 to 1816, G. and three other of the townships in Denbighshire, had but one overseer appointed for them, and from 1816 to 1833 the number of overseers for these and the other townships in Denbighshire varied from time to time; an equal rate used to be agreed to at a vestry, but separate rates were made by the overseers, and at the end of the year a general settlement of the accounts was had, and those who were deficient received from those who had a surplus, and the general balance was handed over to the overseers for the ensuing year; in 1833, however, in obedience to a mandamus, the justices appointed two overseers for each of the townships in Denbighshire, from which time each maintained its own poor separately: it was holden that no settlement could be gained in G. previously to 1833, and that relief given upon the supposition that a settlement had been gained there, did not estop the overseers from denying such settlement; it was holden also that a notice and grounds of appeal signed by the overseers of G. alone, without the churchwardens of the parish, was good (u). On the other hand, where the parish of Hales Owen, which consisted of thirteen townships, and formerly supported its poor in common, was in the year 1832 separated, and overseers appointed for each of the townships respectively; and a pauper, who before this separation, had been born in the parish workhouse, which was situated in the township of Hales Owen, (one of the townships of which the parish of the same name consisted,) was removed to that township, as to the place of her birth settlement: the court held that this could not legally be done, as she had in fact no longer any settlement by birth (v). So, where it appeared that the father of a pauper's husband in 1792 hired and served for a year in Hunnington, one of the townships of the parish of Hales Owen, it was holden that there was no longer any settlement which could be derived from the father:-not in the parish of Hales Owen, for it no longer supported its poor; and not in Hunnington, for no settlement could be acquired in it, as a distinct township, until it was separated from the other townships and overseers separately appointed for it, as above mentioned (w). But where two parishes, A. and B., perfectly distinct, were united by Act of parliament for all purposes

(t) R. v. Oakmere, 5 B. & A. 577.

(u) R. v. Acton, 15 Law J. 21, m.; 8 Q. B. 108.

(v) R. v. Tipton, MS. E. 1842; 3 Q.B. 215; 11 Law J. 89, m. (w) R. v. Hunnington, 13 Law J. 24, m.; 5 Q. B. 273.

whatsoever, except in matters ecclesiastical; and a pauper who had been settled in A. before the Act, was afterwards removed to the united parishes of A. and B.: the court held that he was properly removed, and distinguished this from the case of R. v. Tipton, supra (x).

Who to receive the paupers.] By stat. 3 W. & M. c. 11, s. 10, "if any person be removed by virtue of this Act, from one county, riding, city, town corporate, or liberty, to another, by warrant under the hands and seals of two justices of the peace, the churchwardens or overseers of the poor of the said parish or town to which the said person shall be so removed, are hereby required to receive the said person; and if he or they shall refuse so to do, he or they so refusing or neglecting (upon proof thereof by two credible witnesses, upon oath before any justice of the peace of the county, riding, city, or town corporate, to which the said person shall be so removed) shall forfeit for each offence the sum of five pounds, to the use of the poor of the parish or town from which the said person was removed, to be levied by distress and sale of the offender or offenders' goods, by warrant, under the hand and seal of any justice of the peace of the county, riding, city, or town corporate to which such person was removed, to the constable of the parish or town where such offender or offenders dwell; which warrant the said justice is hereby empowered and required to make; the overplus, if any be, to be returned to the owner or owners; and for want of such sufficient distress, then the said justice shall commit the said offender or offenders to the common gaol of the said county, riding, city, or town corporate, or liberty, there to remain without bail or mainprize for the space of forty days."

Or instead of proceeding in this summary manner, prescribed by the above statute 3 W. & M. c. 11, an indictment may be preferred against the party, at the option of the prosecutors (y).

Also by stat. 9 & 10 Vict. c. 66, s. 7, the delivery of any pauper under any warrant of removal, directed to the overseers of any parish, at the workhouse of such parish or of any union to which such parish belongs, to any officer of such workhouse, shall be deemed the delivery of such pauper to the overseers of such parish. And by stat. 14 & 15 Vict. c. 105, s. 13, the delivery of a written statement of the charges for the maintenance of any pauper delivered under any order or warrant of removal directed to the overseers of any parish, at the

(x) R. v. St. Martin, New Sarum, 15 Law J. 123, m.

(y) R. v. Davis, Say. 183.

workhouse of such parish, or of any union to which such parish belongs, to any officer of such workhouse, at the time of the delivery of such pauper, shall be deemed a delivery of such statement to the overseers of such parish, and shall be deemed a sufficient demand thereof in any proceedings for the recovery of such charges.

Punishment for returning after removal.] Every person returning to and becoming chargeable to any parish, township, or place, from whence he or she shall have been legally removed by order of two justices of the peace, unless he or she shall produce a certificate of the churchwardens or overseers of the poor of some other parish, township, or place, thereby acknowledging him or her to be settled in such other parish, township, or place:" shall be deemed an idle and disorderly person; and upon being convicted thereof, any justice of the peace may commit him or her to the house of correction, there to be kept to hard labour for a time not exceeding one calendar month (z).

Fraudulently procuring removal.] By stat. 9 & 10 Vict. c. 66, s. 6, if any officer of any parish or union do, contrary to law, with intent to cause any poor person to become chargeable to any parish to which such person was not then chargeable,-convey any poor person out of the parish for which such officer acts, or cause or procure any poor person to be so conveyed, or give directly or indirectly any money, relief, or assistance, or cause or procure to be afforded any facility, for such conveyance, or make any offer or promise, or use any threat, to induce any poor person to depart from such parish, -and if, in consequence of such conveyance or departure, any poor person become chargeable to any parish to which he was not then chargeable,-such officer, on conviction thereof before any two justices, shall forfeit and pay for every such offence any sum not exceeding five pounds nor less than forty shillings (a).

(z) 5 G. 4, c. 83, s. 3. See Mann v. Davers, 3 B. & A. 103. Baldwin v. Blackmore, 1 Burr. 595.

(a) See R. v. Mary-le-bone, 20 Law J. 173, m., ante, p. 701.

CHAPTER VI.

Appeal against an Order of Removal.

SECT. 1. In what Cases, and to what Sessions, p. 768. 2. Notice and Grounds of Appeal, p. 776.

3. Proceedings at the Hearing, p. 802.

4. Evidence, p. 807.

5. Admissions of Settlement, p. 814.
6. Proof of Settlement, p. 837.

7. Judgment, Costs, &c., p. 841.

SECTION I.

Appeal, in what Cases, and to what Sessions.

In what cases, 768.

To what sessions, 770.

In what cases.] By stat. 13 & 14 Car. 2, c. 12, s. 1, upon complaint of the churchwardens and overseers of the poor of any parish, that any poor person hath come to settle in the parish, [and that such poor person hath actually become chargeable to the parish (a)], it shall be lawful for any two justices of the peace, whereof one to be of the quorum, by their warrant, to remove and convey such person to the parish where he was last legally settled. And by the same statute, s. 2, it is provided, that "all such persons who think themselves aggrieved by any such judgment of the said two justices, may appeal to the justices of the peace of the said county, at their next quarter sessions, who are hereby required to do them justice, according to the merits of their cause."

And by stat. 3 W. & M. c. 11, which first established the settlements by hiring and service, by apprenticeship, by exe cuting an annual public office, and by being charged with and paying the public taxes or levies of the parish, and enacted that they should be adjudged good settlements,-it was provided and enacted by sect. 9, that "if any person or persons shall find him, her, or themselves aggrieved by any determi nation which any justice or justices of the peace shall make in any of the cases above said, the said person or persons shall have liberty to appeal to the next general quarter sessions of

(a) 35 G. 3, c. 101, s. 1.

the peace, to be held for the said county, riding or division, city or town corporate, who upon hearing of the said appeal shall have full power finally to determine the same.”

In a recent case, where it appeared that the recorder of a borough refused to hear an appeal against an order of removal, because no notice of chargeability or grounds of removal had been served with it, holding that until these were served the appellants were not aggrieved, and he (the recorder) had no jurisdiction to hear the appeal: but upon a rule nisi obtained and cause shown against it, Crompton, J., granted a rule for a mandamus to the recorder, commanding him to enter continuances and hear the appeal (b).

But by stat. 11 & 12 Vict. c. 31, s. 9, no appeal shall be allowed against any order of removal, if notice of such appeal be not given as required by law, within the space of twentyone days after the notice of chargeability and statement of the grounds of removal shall have been sent by the overseers or guardians of the removing parish to the overseers or guardians of the parish to which such order shall be directed, unless within such period of twenty-one days a copy of the depositions shall have been applied for as aforesaid by the last-mentioned overseers or guardians, in which case a further period of fourteen days after the sending of such copy shall be allowed for the giving of such notice of appeal; but in such case no poor person shall be removed under such order of removal until the expiration of such further period of fourteen days. This has no reference whatever to the grounds of appeal, but is confined wholly to the notice; the statement of the grounds of appeal may be sent at any time afterwards, provided it be sent fourteen days at least before the first day of the sessions (c).

It has been holden that the pauper himself may appeal against an order for his removal, as being a party grieved by it (d). But no individual parishioner can appeal; the parishioners are represented by the parish officers, and they alone can appeal (e). But where there are no such officers, as where an order of removal is directed to the overseers of a district not maintaining its own poor, and for which no overseers are appointed,-in such a case an appeal by three inhabitants of the place, describing themselves in their notice of appeal as 'inhabitants of the place called B.," has been holden sufficient, although it was not stated that they were rated inhabitants (ƒ).