brought up by certiorari, but not the rate, and Court had made the rule absolute for quashing the order of Sessions, 18 Mandamus-to lord of manor to grant licence to copyhold tenant to dig brick earth, or to grant licence to demise for terms, where refused, 25
Middlesex County Rate. See Certiorari. Municipal Corporation Act-Right of appeal to county Sessions, not affected by, 72
Order of Removal-Necessity of sending all exami- nations taken by Justices with copy of order of removal, 27
Order Quashed-Effect of, on derivative settle- ment, 9
Overseer-Signature of majority of overseers and churchwardens, to notice of application for order of bastardy, 6
Incompetent as a witness to prove service of notice of appeal, 45
Signature of, to notice of intention to apply for order of bastardy, where parish within a union, 61
Indictment for refusing to render accounts on requisition of auditor appointed by guardians, alleging a duty to render an account, when and so often as the rules of the commissioners directed, not stating that such directions had been given to defendants, not maintainable under 3 & 4 Will. 4. c. 76. Semble, indictment on 98th section of 3 & 4 Will. 4. c. 76, making a third refusal to account a misdemeanor, alone sustainable, sup- posing refusal to account under that statute an indictable offence, 81
Parent and Child-Removal of children to their settlement, though under the age of sixteen, 62 Parish Lands-Lands settled conformably with an- cient bequest in trustees to pay a moiety of the rents towards the better relief of the most poor and needy inhabitants of the parish, the other moiety to put forth poor boys of the same parish apprentices, not vested in churchwardens and overseers under 59 Geo. 3. c. 12, where trustees were in existence at the passing of that act. Parish trustees estopped from disputing title of charity trustees, to demand rent in an action for use and occupation, where workhouse built by parish trustees on land vested in charity trustees, and rent of 401. decreed to be paid annually, had been paid from 1821 to 1833, 13
Poor Law-As to authority of Poor Law Commis- sioners to order guardians of a union to appoint a collector of the rates of one parish, 77 Poor Rate-Rateability of company of proprietors of a bridge, in respect of the toll, though no pre- sent profit derived therefrom, in consequence of the tolls received being exhausted by the expenses of keeping the bridge in repair, &c., 29
What a sufficient entering into recognizance within 6 & 7 Will. 4. c. 96, 33
Stock in trade not exempted from, by 6 & 7 Will. 4. c. 96; 69, 72
Right of appeal to county sessions, by party whose rated property is situated out of a borough, though part of the parish is within the borough, 72
Poor Rate-Poor Law Commissioners no authority to order guardians of union to appoint collector of rates in one of the parishes thereof, 77
Rateability of guardians of union for union workhouse, by one of the parishes of the union where it is situate, 89
Prisoner-Liability of council of city, for mainte- nance of city prisoners in county gaol, 99 Rate-Property belonging to municipal corpora- tions solely applicable to public purposes, and not rateable, 41
Question for the decision of Sessions, whether trees are saleable underwood, from their nature, and the mode and purpose of their cultivation; and their decision not disturbed by the Court. Whether poles growing from stools are saleable underwood, 46
Where appeal against a borough rate entered and adjourned, the rate should be quashed if the respondents do not appear, though it is not pro- duced or secondary evidence given of it, 49
Corporation not rateable where ancient grants set out in case, shew them entitled to right of common only, though other facts set forth lead to the presumption of some exclusive right to enjoyment and occupation of the surface, 50
Settlement by payment of rates, 55
Householders, whose rates have been paid in the mass by another person, without their autho- rity, not entitled to be put on the burgess roll, 86
Individual rate-payers no right to appeal against borough rate, under 5 & 6 Will. 4. c. 76. s. 92; 97
Removal of wife and family, where husband in prison in removing parish, not legal, as separat- ing husband and wife, 20
Children under the age of sixteen removable to their place of settlement, where their mother has married a second husband, who has become unable to support them. Refusal of Court to quash so much of order as applies to a child within the age of nurture, where that fact is not noticed in the grounds of appeal, though stated in the special case, 62
Time of giving notice of appeal against order of, not altered by 4 & 5 Will. 4. c. 76. s. 81; 92
Saleable Underwood-What is, a question for the Sessions. Whether poles growing from stools are, 62
Savings Bank-Mandamus to trustees to appoint arbitrator under 9 Geo. 4. c. 92. s. 45, refused where applicant prevented by lapse of time, ac- cording to rule of the society, from substantiating his claim, 24
Sessions Jurisdiction of, to quash an order of re- moval, by reason of its being improperly directed, though notice of appeal is held to be bad, by reason of its being signed by one overseer only, 1
Appointment of constable properly made at General Quarter Sessions, 66
Sessions Book-Where good evidence, 9 Settlement-under 13 & 14 Car. 2. c. 12, by occu- pation of cottage and ferry at a rent of 97. 10s., with the use of a boat and line, and a garden at 10s. a year, 83
Settlement-House hired by pauper after 6 Geo. 4. c. 57, at yearly rent of 157., payable quarterly, and tenancy determinable at a quarter's notice. Rent reduced at the end of the first quarter, and residence in the house until the 26th of September, when pauper removes, but keeps the key, and leaves articles there until the 5th of October, when his tenancy expires. Rate made the 29th of September, allowed the 1st of October, and published on the 9th, but not paid by pauper, though he had paid all the other rates made, and wherein he was assessed during the year. Pauper held to have gained a settlement by payment of rates, 55
Settlement by renting a tenement, where pauper rented a cottage of the mistress of a flax mill, at which six of his children worked, and it was agreed, that 2s. a week was to be paid for the cottage, which was to be deducted from the children's wages, one of whom continued to work at the mill after the father left the cottage, and
the Sessions found that though the pauper occasionally worked for the mistress of the mill, he was not her servant, 25
Settlement-No settlement gained under 6 Geo. 4, by joining separate renting and occupation of dwelling-house with joint renting and occupation of another tenement, 57
Sequestration-How qualification of incumbent as a Justice of Peace affected by, 93
Tenement. See Settlement.
Trial No mistrial by reason of one of the special jury having been on the grand jury when the bill was found, 3
Venue-When allowed to aid a plea to shew jurisdiction, 75
Witness-Overseer who is party to an appeal not admissible as a witness to prove the service of notice of, 45
GREAT BRITAIN AND IRELAND:
BEING THE SECOND SESSION OF THE THIRTEENTH PARLIAMENT
Printed by James Holmes, 4, Took's Court, Chancery Lane.
PUBLISHED BY E. B. INCE, No. 5, QUALITY COURT, CHANCERY LANE.
15TH NOVEMBER, ANNO DOMINI 1837.
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