THE DUTIES AND OFFICE OF MAGISTRATES:
FROM TRINITY TERM 1842, TO MICHAELMAS TERM 1843.
Abandonment-of order of removal, 42, 131
of order of removal, where not sufficient to prevent appellants from proceeding with appeal,
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
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
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,
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
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-
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),
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
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
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
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
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