by such order as shall at that, or any subsequent sessions, be made on such appeal; and it shall and may be lawful for the justices of the peace assembled at such general or quarter sessions, on proof of the matter aforesaid, and on the production of such recognizance, and proof of the same having been duly entered into, to adjourn such appeal if they shall see occasion, or to hear the same, and to examine into and confirm or reverse such disallowance or reduction, in the whole or in part, as to such justices at such sessions shall seem just." Requisites before entering Appeal.]-The balance of money, with such goods, &c. as, on the face of the account as originally submitted to the justices, appear and are admitted to be due from him, or to remain in hand, must be delivered over to the succeeding parish officers, and a recognizance must be given in double the sum in dispute, conditioned to enter the appeal at the next sessions, and to abide by such order as shall then or at any subsequent session be made on such appeal. But no notice of appeal is requisite, as the entering into recognizance is deemed sufficient notice (e). The best course is to enter into the recognizance before the same justices who disallowed the items, that they may have fair intimation of the party's intention to appeal against their decision, which appears to constitute them respondents. This practice is the more to be recommended, as the sessions have a general power to adjourn the hearing of the appeal, if they think that justice will not be done from the want of knowledge by the respondents that the recognizance had been given. A fair practitioner will also give due notice of appeal to the justices, and also to the existing parish officers (who are interested on behalf of their parish), either that the appeal will be entered and tried at a session named, or that it will be entered and an application made to respite it. The appellant should also call on the justices who take the recog nizance, to forward it to the clerk of the peace, that it may be ready to be produced at the hearing of the appeal. Hearing and Judgment.]—If at the hearing the recognizance is dis (e) R. v. Kent (Justices), and R. v. Essex (Justices), ante, p. 633. In neither of these cases did the statutes on which they proceed require the recog nizance to be entered into before any particular justices, or the justices whose act was appealed against. puted, it should be produced by the clerk of the peace. No notice of appeal need be proved. The respondents should begin by showing the reasons for disallowing the items. The judgment may be either to confirm or reverse the disallowance or reduction; and the costs incurred by parish officers on any such appeal may be given to them, payable out of the poor-rates of the parish (ƒ). The certiorari is taken away as to "orders or proceedings" of general or quarter sessions, or justices, made or had under 50 G. III. c. 49 (g). See R. v. Bird et al. (f) 50 G. III. c. 49, s. 2. (g) Id. sect. 5. 2 B. & Ald. 522; R. v. Berks (Jus tices) in re Warfield (Overseers), pending in Q. B. Hil. 1841. CHAPTER XI. OF APPEALS AGAINST ORDERS OF REMOVAL. 1.-Of Orders of Removal. SECTIONS. II. Of the Right of Appeal against an Order of Removal, and to what Sessions; and herein, of the Notice of Appeal, Statement of Grounds of Appeal, and other Matters necessary to the regular Exercise of that Right. III.-Of Settlement by Birth. IV.-Of Settlement by Parentage. V.-Of Settlement by Marriage. VI.-Of Settlement by Apprenticeship. VII. Of Settlement by Hiring and Service. VIII.-Of Settlement by Renting a Tenement. IX.-Of Settlement by Paying Parochial Taxes. X.-Of Settlement by Estate. XI.-Of Settlement by Serving an Annual Office. XII.-Of Settlement by Acknowledgment, viz. by Certificate, Relief, or Nonappeal against Order of Removal. XIII. Of the Trial and Determination of Appeals against Orders of Removal; and herein of Amendments of Orders, &c. by the Sessions. SECTION I. OF ORDERS OF REMOVAL. Power to remove Paupers, how given.]—The power of removing paupers was given by 13 & 14 C. II. c. 12, which enacts, by sect. 1, "That it shall be lawful, upon complaint made by the churchwardens or overseers of the poor of any parish to any justice of the peace, within forty days after any such person coming (i. e. a poor person coming from one parish to another) to settle in any tenement under the yearly value of 101., for any two justices of the peace, whereof one is of the quorum of the division where any person or persons that are [likely to be, altered now to "actually "] chargeable to the parish shall come to inhabit, by their warrant to remove and convey such person to such parish where he was last legally settled, either as a native householder, sojourner, apprentice or servant, for the space of forty days at the least, unless he shall give sufficient security for the discharge of the parish, to be allowed by the said justices;" subject to an appeal by any parties thinking themselves aggrieved, to the next. quarter sessions for the county (g). This act has been since altered by extending the power of removal to any period whatever, unless forty days' notice in writing of the party's residence has been given to the parish officers (h); and by limiting the same power to parties actually chargeable (i): for instance, to persons obtaining relief (j), and from one of the parish officers (k). The only persons who can now be removed to their places of settlement as "actually chargeable," without being so in fact, are persons convicted of felony (1), or as rogues and vagabonds, or as idle and disorderly persons under the vagrant act (m), or who appear to two justices of the division where they reside, upon oath of one witness at least, to be of evil fame or reputed thieves, not being able to give a satisfactory account of their way of living (n). Again, a husband or father, to or on account of whose wife or their child being under sixteen years old, and not blind or deaf and dumb, relief is given (o); or who, having married after 14th August, 1834, a woman having at her marriage a child legitimate or not, to or on account of which child not being sixteen years old, and its mother being alive (p), relief is given ;-may be removed as "actually chargeable," by the effect of the new poor law act. The situation of a widow having a child under sixteen (q), and of the mother of an illegitimate child which is under sixteen, and if female is unmarried, to or on whose account relief is given, is similar (r). But children of a man's wife are not removable with her, and the subsequent husband, to the place of his settlement, unless it be also (g) As to the present jurisdiction over appeals from parishes in boroughs not being counties of themselves, and having separate quarter sessions, see ante, p. 5. (h) 3 & 4 W. & M. c. 11, s. 10. 392. (k) Ibid.; and Great Bedwin v. Wilcot, id. 163. (1) 35 G. III. c. 101, s. 5. (m) 5 G. IV. c. 83, s. 20. (p) Id. s. 57. As to the general lia- : theirs for the act does not go so far as to change their settlement, at least before their attaining sixteen (s). It has since been held, that the children above the age of seven years, but under sixteen, of a woman who has married again, may, if resident with their mother in the family of their father-in-law, and chargeable to his parish, it not being their own place of settlement, be removed to the parish of their late father's settlement, notwithstanding 4 & 5 W. IV. c. 76, s. 57 (t). It is yet undecided whether such a child, under the age of seven, can be so removed (u). The act seems totally to disregard the separation of mothers from children of any age. The inconvenience of removing children to a place at a distance from the husband who is to maintain them, is clear (v). A child was born bastard before 14th August, 1834, in C., of a woman who afterwards married and lived with her husband in K. The child remained at nurse in W. It became chargeable there under the age of sixteen, and was removed to C., where, under the law in force at its birth, it had acquired a settlement by birth. The removal was held right, and consistent with 4 & 5 W. IV. c. 76, s. 57 (w). Unmarried women, being with child, are no longer removable as such (x); and though the words of 4 & 5 W. IV. c. 76, s. 69 are limited to unmarried (y) women, and do not include the case of a married woman, who in her husband's lifetime is pregnant under such circumstances of his absence, as would make the child, when born, by law a bastard, she seems within the spirit of that provision; and for the same reason, viz. that no bastard is now deemed to be settled in the place of its birth, but, on the contrary, in that of its mother's settlement (z). Some relationships prevent actual separation of parties on removals (8) R. v. Walthamstow (Inh.), 6 Ad. & E. 301; S. C. 1 N. & P. 460. The object of the act is not so much to keep the children with the mother as to make the husband pay their maintenance. See per Coleridge, J., id. 305. Semb. children born bastards before 14th Aug. 1834, may, while living in the family of their mother's after acquired husband (and being perhaps his children), be removed from it and sent to the mother's settlement, at least after passing the age of nurture. See Reg. v. Wendron (Inh.), 7 Ad. & E. 821. (1) Reg. v. Stafford (Inh.), 1 P. & D. 414; S. C. 10 Ad. & E. Trin. 1839. (v) Acknowledged by the court, 1 P. & D. 421. (w) Reg. v. Wendron (Inh.), 7 Ad. & E. 824; 3 N. & P. 62, S. C. (x) Including widows. Stat. 4 & W. IV. c. 76, s. 69, repeals that part of 35 G. III. c. 101, s. 6, which had subjected them to removal by declaring them "actually chargeable;" as to which, see R. v. Alveley, 3 East, 156. (y) R. v. Great Yarmouth, 8 T. R. 68. (z) 4 & 5 W. IV. c. 76, s. 71. See R. v. Tibbenham, 9 East, 388. |