Parish settlements and the practice of appeals ... / Jellinger C. Symons.
- Jelinger Cookson Symons
- Date:
- 1846
Licence: Public Domain Mark
Credit: Parish settlements and the practice of appeals ... / Jellinger C. Symons. Source: Wellcome Collection.
30/377
![time, the right of the appellant to bring the case to the court, by ordering the respondents to pay them the costs of coming there, as well as the costs of the pauper, up to notice of abandonment. The Queen’s Bench upheld the decision of the sessions; and Mr. Justice Coleridge said, “ I think if they (the sessions) had heard the witnesses they would have been unfit ever to try an appeal again.” This case is in accordance with the law stated in R. v. Tunstall and Staley; the u right to go to the sessions for costs’’ (although they were tendered, being upheld. And quite consistent with this right is it that the sessions should resist the wrong to the respondents of so extending the power of the appel¬ lants as to force a final decision on the merits of the case. A supersedeas gives the party who obtains it no power or advantage which he would not have equally had upon the mere abandonment {Reg. v. St ay ley, per Lord Denman). We shall not therefore encumber this book wfith a form of that pedantic proceeding, but give in its stead forms of aban¬ donment for this class of cases which we have moulded upon that used in the case of Ex parte Pontefract, and upheld by the Court of Queen’s Bench. Form of abandonment of order iv/iere there has been notice of appeal but no removal of the pauper. To the churchwardens and overseers of the poor of the parish of Andover, in the county of Wilts. In the matter of an appeal between, &c. Berks, ) Whereas a certain order for the removal of Jane Jones to wit. i from our parish of West Ilsley, in the county of Berks, to your parish of Andover aforesaid, as her last legal place of set¬ tlement, was made by A B and C D, Esquires, two of her Majesty’s justices of the peace acting in and for the said county of Berks, bearing date the 5th day of May, a.d. 1846, and was duly delivered to you on the 6th day of May, a.d. 1846 : and whereas since the making and delivery of the said order as aforesaid, and notice given to us by you of the said appeal against the said order, we have discovered and are satisfied that the said order for exami¬ nations on which the said order was made] is [or are] informal and defective, [or defective and insufficient to support the said order of removal] : Now wre the undersigned, being the churchwardens and overseers of the said parish of West Ilsley, do hereby give](https://iiif.wellcomecollection.org/image/b2933553x_0029.jp2/full/800%2C/0/default.jpg)
