Parish settlements and the practice of appeals ... / Jellinger C. Symons.

  • Symons, Jelinger C. (Jelinger Cookson), 1809-1860.
Date:
1846
Catalogue details

Licence: Public Domain Mark

Credit: Parish settlements and the practice of appeals ... / Jellinger C. Symons. Source: Wellcome Collection.

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    ORDER OF REMOVAL. 39 removed. If directed alone to the overseers it is not bad on that account (m). Where the removal is to townships, the churchwardens ought not to be named, but the order should be addressed solely to the overseers. Care must be taken to address the order to the exact township where the settlement is, wherever it is a township separately supporting its own poor, and having its own officers, for in such cases it will be wrong to direct to the parish. The township or parish wrongly addressed may appeal, and the variance will be fatal (ri), [See See. 1, title u Cases in which the pauper cannot be removed to his last place of settlement.”] Manner and time of serving the order of removal.— There is no precise limit within which the order must be served, for an order has been held in time which was served a year after it was signed, there being no alteration in the circumstances of the pauper (o). Three years’ delay has, however, been held unreasonable and nullifies the order (jt?). The 4 & 5 Will. 4, c. 79, provides, as we have seen, that the removal shall not take place until twenty-one days after the order, &c. has been sent by post or otherwise to the overseers of the parish to whom the order is directed; subject, however, to this proviso: “ Provided always, that if such overseers or guardians as last aforesaid, or any three or more of such guardians, shall by writing under their hands agree to submit to such order, and to receive such poor person, it shall be lawful to remove such poor person ac¬ cording to the tenor of such order, although the said period of twenty-one days may not have elapsed: Provided also, that if notice of appeal against such order of removal shall he received by the overseers or guardians of the parish from which such poor person is directed in such order to be re- (m) Rex v. Searle, 1 Bott, 3. (n) R. v. Carmarthenshire, 4 B. & Ad. 563; R. v. Bishopwearmouth, 5 B. & Ad. 942 ; R. v. Cartmell, 2 A. & E. 262. 0) Rex. v. Lanwinio, 4 T. R. 474.