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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    per Bayley, J., and Reg. v. West Riding (z). The proper course, as suggested by Lord Denman in the last case, is u to give notice of the fact and motive of the abandonment both to the appellant parish and to the justice who made the order, before applying to a justice of the peace for a second order.” In this case the following may be used as the Form of notice of abandonment be fore removal, and before notice or entry of appeal. To the churchwardens and overseers of the parish of All Saints, in the county of Hereford. We, the undersigned, being the churchwardens and overseers of the parish of Crickhowel, in the county of Brecon, give you notice that we do hereby forego and abandon a certain order, a copy of which was duly delivered to you, made under the hands and seals of A L and B C, Esquires, two of her Majesty’s justices of the peace for this county, and bearing date the 4tli day of June, a.d, 1846, for the removal of the pauper, J B, from this parish to your parish of All Saints, Hereford, inasmuch as we have discovered and believe the said order to be informal [or the examination on which the said order is founded to be defective and insufficient to support the said order] ; and we hereby offer to pay you your reasonable costs incurred by you or any of you in the matter of the said order, if any such there be; and we further give you notice, that we shall abstain from the execution thereof, and treat, and continue to treat, the said order as null and void. Given under our hands this 12th day of June, a.d. 1846. [Signed by the churchwardens and overseers of the removing parish.~\ Second, form, where the pauper has been removed: To the churchwardens and overseers of the parish of All Saints, in the county of Hereford. We, the undersigned, being the churchwardens and overseers of the parish of Crickhowel, in the county of Brecon, give you notice that we do hereby forego and abandon a certain order, a copy of which was duly delivered to you by us, made under the hands and seals of A L and B C, Esquires, two of her Majesty’s justices of the peace in and for this county, and bearing date the 4th day of June, a.d. 1846, for the removal of the pauper, J B, from this parish to your parish of All Saints, Hereford, inasmuch as we have (2) It is important to remember that this case is confirmed in Reg. v. Brighton, and distinguished from it, though it is doubtful how far the ses¬ sions could refuse to enter an appeal to determine costs under any case where costs were still in dispute, after Reg. v. Stayley and Townstall, per Lord Denman, and Reg. v. Merionethshire.