Order of Removal-Presumption that examination
was taken before two Justices, though language
of jurat import that it was taken before one only, 5
No objection to, that it contains an adju-
dication, that pauper is settled in such a parish,
without any express statement that the Justices
have had proof of the settlement in that parish,
or that it directs the officers of the removing
parish to convey the pauper to his last place
of legal settlement, without any mention of the
provision in 4 & 5 Will. 4. c. 76. s. 79, that pau-
pers shall not be removed without twenty-one
days' notice in writing to the parish to which they
are sent, &c. "The churchwardens and overseers
of the township of S," a sufficient description in
the heading of an order of removal, without adding
that it is a place maintaining its own poor, 17

Certiorari not granted to remove, to inquire
into alleged insufficiency of examination, or on
the ground that parish to which removal takes
place is misdescribed, 29

Where evidence of settlement, 38

Validity of second order of removal made be-
fore twenty-one days have elapsed after first order
of removal made and served upon appellant parish,
first order being supposed to be invalid by reason
of defective examination, 42

- Discretion exercised by Justices as to refusing
to make, after examination of pauper as to settle-
ment, not interfered with by the Court of Queen's
Bench, 50

Right of appellants to enter appeal, notwith-
standing notice of abandonment of, or superse-
deas, 72

Sessions not compelled to make special entry,
that it is quashed for informality, 76

Insufficiency of examination to found settle-
ment by tenement, by reason of omitting to state
forty days' residence, 77

Conclusiveness of order confirmed. Decision
on the merits, what amounts to, 101

directed to a place not maintaining its own
poor a nullity; but township estopped from so
treating it, having acted upon it. Inhabitants
of such place parties aggrieved, and may appeal
though not rated. Two appeals against same
order unwarranted, 113

As to right of removing parish to abandon or
supersede their order, and of appellant parish to
proceed with appeal for the purpose of obtaining
costs; and refusal of mandamus to compel entry
of appeal by Sessions. As to power of Justices
to supersede an order after sealing and delivery,
131

Appeal against, in London and Middlesex, to
Quarter Sessions, 134

Time for appealing against, see Appeal.
See Examination.
Overseer-Liability of, to distress warrant for non-
payment of poor-rates; but discretion of Justices
to refuse the warrant where he has charged him-
self with the amount of the rate in his accounts.

Justices right in construing resolution electing
assistant overseer, not specifying his duties, to
mean that he was to perform all the duties of an
overseer, 122

Parties aggrieved. See Order of Removal.
Pauper. See Settlement.

Perjury-Jurisdiction of Justice of the Peace and
Police Magistrates, in cases of, 10

Necessity of shewing on face of indictment
for, that oath was administered in the course of a
judicial proceeding, notwithstanding 23 Geo. 2.
c. 11, 61

Justices of the Peace no jurisdiction to commit
to prison for perjury by the common law. Com-
mitment for perjury, stating, that "H. B, in a
certain affidavit, made and sworn to by him before
one C. C, a competent authority by law to admi-
nister the same, did falsely, wickedly, wilfully,
and corruptly commit wilful and corrupt per-
jury," bad, as not stating that the oath was admi-
nistered in a judicial proceeding, or before a com-
petent authority to administer an oath in a judicial
proceeding, 127

Poor Law Act-Section 71, 68

Poor-rate. See Rate.

Publication of Paving and Lighting Rate. See Rate.

-

Pro-

Rate Devise of a messuage, &c. to trustees
for the maintenance of a schoolmaster, for teach-
ing children residing in the parish of K, who was
to teach without fee, testator expressing his "de-
sire that the parish of K. would exempt the mes-
suages, &c. from the payment of all rates," parish
have the use of the school for 125 years, exempt-
ing the property from rates, the messuage, &c.
being beneficially occupied, and the rent paid to
trustees for the use of the schoolmaster.
perty rateable; and supposing that the devise
had been entirely for the benefit of the poor, which
it was not, and that the desire expressed by the
testator amounted to a condition, such a condition
the law would not allow. Previous inhabitants of
the parish no power to bind their successors to
exempt the property from rates; and time during
which no rate had been paid does not affect the
question, 24

Mandamus to Justices to issue warrant of
distress where Q.B. have decided property is rate-
able, and they have refused to do so unless an
indemnity is offered, 36

President, council, and members of the Royal
Academy of Arts, not liable to be assessed as oc-
cupiers of exhibition rooms, forming part of
National Gallery, in Trafalgar Square, St. Mar-
tin's in the Fields, 53

Insufficiency of publication by affixing no-
tice on doors of one of three churches in township,
where proceedings for raising and levying paving
and lighting rate to be the same as for levying
poor-rate, though that church the only place
where rates for the relief of the poor had thereto-
fore been published, 64

Legality of distress warrant against church-
warden on complaint of co-churchwarden or over-
seer, for non-payment of poor-rates. Distress
warrant directing levy of amount of poor-rate,
and so much for costs incurred in consequence of

refusal to pay the same, not void, and cognizance
under 43 Eliz. c. 2. s. 19. good, although costs
recoverable only under 18 Geo. 3. c. 19. s. 1, 122
Rate. See Highway. Settlement.
Rating. See Settlement.
Recognizance. See Mandamus.
Removal. See Order of Removal.
Replevin-When it lies for goods taken in execution,

94

Residence-Derivative settlement by estate not af-
fected by change of, under 4 & 5 Will. 4. c. 76.
s. 68, 3

Necessity of statement of, in examination, to
found settlement by hiring and service, 38

What an insufficient statement of, in examina-
tion to support settlement by apprenticeship, 70
Riot-Construction of 7 & 8 Geo. 4. c. 31. ss. 2, 7, &
12, and 5 & 6 Will. 4. c. 76. s. 112, as to right to
recover against the hundred of Salford for com-
pensation for injury done by a riotous mob to
premises situate within the borough of Manches-
ter, which formed part of that hundred, 118
Rural Police. See Constable.

Sessions Jurisdiction to quash, and practice in
quashing order of removal without production of,
or notice to produce original order, 72

not compelled by Queen's Bench to make
special entry, that order of removal is quashed for
informality, 76

Quarter Sessions no jurisdiction to enter
appeal against order of removal, on motion of
respondents, they having received notice of appeal,
and to confirm order in absence of appellants.
Where Quarter Sessions have made false entry
on their records, mandamus lies to compel erasure
of it: and will be granted where essential to
furtherance of justice. Where Magistrates at
subsequent sessions right in refusing to erase
entry, 148

See Mandamus.
Settlement-Son's derivative settlement by estate,
not affected by change of residence of father, 3

of pauper acquired under 4 & 5 Will. 4. c. 76.
s. 11, by renting a tenement, and paying poor-
rates for it for a year, though in the first of those
rates his name was not inserted, and the occu-
pant's name altogether omitted, 100

Venire de novo-No ground for, where one defen-
dant, in conspiracy, dies between indictment and
trial, if trial proceeds against both, no suggestion
of the death being entered on the record, 135
Venue. See Indictment.

Voluntary Oath-Count in an indictment on the
5 & 6 Will. 4. c. 62. s. 13, charging defendant
with improperly administering a certain " oath or
affidavit," bad. Count averring that defendant
unlawfully administered an oath to one J. H, &c.,
"touching certain matters and things," whereof
the defendant, at the time, &c., had not any
jurisdiction or cognizance by any statutes in
force at the time being, &c., the same oath not
being before any Justice, in any matter or thing
touching the preservation of the peace," going on
to follow the words of the proviso; bad in arrest
of judgment, for not averring what was the
"matter or thing" touching which the oath was
administered. But, semble, per Williams, J. and
Coleridge, J., that it was not necessary to set out
the particulars of the oath itself, or the statement
sworn to, 143