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Of Appeals; from the Entry to the Judgment.
By what Statutes the Right of Appeal is given against Poor's
Rates, and Orders of Removal.
The principal sources of appeal to the court of quarter Appeals. sessions are, Ist, Rates made for the poor's relief. 2d, Or- lst. On rates.
2d, Removals, ders of removal. The right, as given in other cases, has been incidentally noticed, in treating of the particular subject. But as the manner of conducting all appeals is nearly similar, the following observations may be considered as applicable to all, unless where some distinction is particularly noticed.
The right of appeal against poor's rates, and also against 1st, Appeals overseers' accounts, was originally given by 43 Eliz. which given against enacts, " that if any person or persons shall find themselves and overseers grieved with any sess, or tax, or other act, done by the accounts, said churchwardens, or other persons, or by the said jus- 43 Eliz.c. 2. tices of peace, then it shall be lawful for the justices of peace, at their general quarter sessions, or the greatest number of them, to take such order therein as to them shall be thought convenient; and the same to conclude and bind all the said parties.”
The 17 Geo. II. c. 38. s.14. enacts, “ that in case any Altered by person or persons shall find him, her, or themselves ag
17 Geo.Il. grieved by any rate or assessment made for the relief of the poor, or shall have any material objection or objections to any person or persons being put on or left out of such rate or assessment, or to the sum charged on any person or persons therein, or shall have any material objection to such account as aforesaid, or any part thereof, or shall find
him, her, or themselves aggrieved by any neglect, act, or thing done or omitted by the churchwardens or overseers of the poor, or by any of his majesty's justices of the peace; it shall be lawful for such person or persons, in any of the cases aforesaid, giving reasonable notice to the churchwardens or overseers of the poor of the parish, township, or place, to appeal to the next general or quarter sessions of the peace for the county, riding, division, corporation, or franchise, where such parish, township, or place lies : and the justices of the peace, then assembled, are hereby authorized and required to receive such appeal, and to hear and finally determine the same, &c.
2d, Appeals against removals.
The right of appealing against an order of removal is given by 13&14 Car. II. c.12. s. 2., 3& 4W. & M. c.11. s.9. 10., 8&9W.III. c. 30. s.6.
Of the Grounds for appealing. What Persons may appeal;
and who may join therein.
I. Against a Rate.
Ist, Who may appeal against
THE 43 Eliz. c. 2. gives the right of appeal only to persons aggrieved by the rates : that is, to all who are rated and aggrieved, either by an over-rate of their own property and ability, or by an assessment disproportioned to that of other inhabitants and occupiers of property within the parish or township for which the rate is made.
Alteration un- But the 17 Geo. II. c. 38. allows the right of complaint to der 17 Geo. II.
all “ who shall have any material objection or objections to c. 38.
any person or persons being put on or left out of such rate or assessment, or to the sum charged on any person therein.”
This act, therefore, extends the grounds of appeal beyond those allowed by 43 Eliz. c.2. They are pointed out by Lord Mansfield as follows: — The 17 Geo. II. says, that where there is a franchise to be enjoyed, a man shall not be left out to deprive him of his franchise. Now, that act does not say that every man shall be rated, whether able or not; and it is a good defence to a rate to say, that he is poor and unable to pay; and you may object against a man who wants fraudulently to be rated to gain either a settlement or a franchise. (1) But no person can sustain an appeal against a particular mode of rating other parishioners, if he does not sustain some injury thereby. (2)
All occupiers, jointly interested in the subject matter of Who may join an appeal against a poor's rate, may join in preferring it to
against rates. the sessions. (3) But it is otherwise, perhaps, where the grounds of appeal arise out of distinct property, as they affect the several appellants, and originate from causes altogether distinct and personal. It seems, however, rea- Against oversonable, that as many of the parish as chuse may join in seers’ acan appeal against overseers' accounts; for their grievance originates from the same source, and may be heard and redressed by one judgment. (4)
One appeal against four different rates has been held Several rates sufficient. (5)
included in one appeal.
(1) Rex v. Uffculme, 2 Const. 3d edit. 233. Pl. 262. Burr. S.C. 431.
(2) 41 Geo.III. c. 23. sect. 4. recognizes the right of several persons to join in a notice of appeal, see post, this chap. 524., and in Rex v. Coode, et alt. Cald. 464. several inhabitants joined. And where the cause of appeal was the omission of certain persons in the rate, it was held that several might join in one notice of appeal, for it is a joint grievance affecting all the appellants in an equal degree. Rex v. White, 4 Term Rep. 771. Rex v. Justices of Sussex, 16 East, 206.
(3) Rex v. Brown, 8 East, 528. ante, Vol.I. 180. (3).
(4) This seems to have been done, and no objection taken. Rex v. Welch et alt. Cald. 504.
(5) Rex v. Justices of Suffolk, 1 B. & A. 640. By a local act, the management of the poor of a town was vested in certain persons, who were empowered to make rates, and an appeal was given to the party aggrieved against every such rate to the town sessions, and a further appeal to those of the county. An appeal against four rates was entered at the town sessions, and four grounds of appeal specified in the notice, one
II. Against an Order of Removal; and the Suspension
thereof. 2d, Who may The parish to whom the removal is made, is empowered appeal against by the statutes already cited (1) to appeal against it. But
it has been determined, that the party who is removed may appeal, as well as the parish. (2)
Who parties to the same appeal.
It seems also that more than two or more parishes may be parties to an order of removal, and so by consequence to an appeal therefrom; and the appeal of any one parish brings the others before the sessions. (3)
35 Geo. III. c.101. s. 2. provides, that if the parish ofagainst sus
ficers of the parish, &c. to which the order of removal is pended orders.
made, shall, upon the poor person's removal or death, refuse or neglect to pay the charges proved on oath to be incurred by the suspension, and by the justices ordered to be paid " within three days after demand thereof, and shall not within the said time give notice of appeal, one justice may by warrant order the money to be levied by distress, &c., provided that if the sum so ordered to be paid on account of such costs and charges exceed 201., the party or parties aggrieved by such order may appeal to the next general quarter sessions against the same, as they may do against an order for the removal of poor persons by any
of which was that the party was rated in respect of his lands in higher proportion than all the other inhabitants mentioned in the rate. Theappellant being dissatisfied with their determination, made a further i appeal to the county sessions, adding two other grounds of appeal. The court held, ist, That one appeal against the four rates was sufficient. 2d, That it was not necessary to give notice of appeal to all the inhabitants named in the rate. 3d, That the appellant must be confined at the county sessions to the original grounds of appeal at the town sessions.
(1) Ante, 486.
(2) Rex v. Hartfield, Carth. 222. Per Holt C. J., Weston Rivers e, St. Peter's Marlborough, 2 Salk. 492.
(3) Rex v. Colliton, Carth. 221., with proper notice. But orders of this sort seem to have gone into disuse, if they were ever much practisod.
law now in being;" and if the sessions are of opinion that the sum awarded is more than ought to be paid, they may strike it out and insert such sum as in their judgment ought to be paid.
It is decided upon the construction of this clause; 1st, After pauper's that an appeal lies against an order of removal which was
death. suspended, and against a subsequent order for costs, notwithstanding the pauper's death prior to her removal, and though the costs are under 201.; for 3 W. & M. c.11. s.9. gives an appeal to the party aggrieved by the justices' determination respecting the pauper's settlement; and though the grievance grows by a subsequent statute, the party is still aggrieved by the order of removal. Before 35 Geo. III. there was no grievance to the parish to which the order of removal was made until it was executed; but that statute,
ava attaches a contingent consequence to the order of removal, being coupled with the order for payment of costs, which makes it a grievance, though the pauper died before any removal in fact took place. Then the appeal against the order for costs is not against the quantum, but against the liability of the parish to pay any costs at all in this case, taking it as a consequence of the order appealed against. (1)
2. That the meaning of that part of the clause which mentions the demand and notice of appeal within three days, is, “ that if the party aggrieved by the order, and intending to appeal against the amount of the charges, will give notice of appeal within three days after demand made, , he shall be relieved from the inconvenience of a distress; but though he neglect to do so, he only subjects himself to that inconvenience, but his right of appeal, which is afterwards given, is not thereby taken away; and if he afterwards think proper to appeal within the time allowed by law for appeals against orders of removal, he is expressly empowered so to do. Then if the order is quashed, or the sum directed to be paid reduced upon an appeal, it is a
(1) Rex v. St. Mary le Bow, 13 East, 51. See ante, 572. (1).