paper that answered the description, both papers were admitted to probate. The deceased in this case, Mr. Edward Ingoldby, left a will, in which he appointed an executor; a codicil, dated the 4th of September, 1845, attested by one witness only; and a second codicil, dated the 26th of January, 1846, duly executed. The question for the consideration of the Court was, whether or not the latter codicil referred with sufficient distinctness to the former to give it validity. Dr. Curteis submitted that, as the second codicil referred to " another codicil," and the papers now before the Court were the only testamentary documents which had been found, the identity was clearly established. Dr. Bayford urged that in the case of the Marquis of Hertford v. Zichi it was held that where a person used the term "codicil" as referring to another paper, it meant a codicil valid per se, duly executed under the statute. That was not the character of the paper before the Court. Was there a sufficient description of it to incorporate it? It might be said that the intention of the testator was clear; so it was in the case of the Marquis of Hertford. The testator might have intended to set up the paper, presuming he knew that it was imperfectly executed, but still the question remained, was it sufficiently incorporated by the mere term "another codicil," without referring to its contents, the word itself being ambiguous. The COURT observed, that there was this distinction between the present case and that of the Marquis of Hertford,-in the latter there were two sets of papers which would answer the description; the term, therefore, could not be applied to documents, which, in fact, were not codicils at all. It was not an immaterial circumstance that here the first paper was endorsed "a codicil to my will," and that there was only one paper which could answer the descrip. tion given. He did not regard the paper as incorporated, but the deficiency was supplied. He therefore decreed probate of the will and two codicils, the costs to be paid out of the estate. Circuit Reports. HANTS LENT ASSIZES. (Before Mr. Justice ERLE.) Friday, March 6. REG. v. PYм. Principal-Accessary-Duel-Evidence-Dying decla rations-Murder-Cause of death-Indictment. Upon the trial of an accessary in murder, the principal not then being upon his trial, evidence is admissible of statements made by the principal in the absence of the accessary prior to the act charged as the murder, tending to shew that it was done with malice; but statements of the principal in the absence of the accessary, describing the occurrence, are not admissible. Where a wound is inflicted under circumstances that immediate death would make the person inflicting it guilty of murder-Quære, is he guilty of murder if the death ensues from an operation thought necessary and performed by competent medical advisers, who considered that the wound was dangerous? Semble, per Erle, J. and Rolfe, B. that he is; and that, therefore, evidence is not admissible to shew that the medical men were wrong in their opinion, and that the operation was unnecessary; and that the deceased might have lived had it not been performed. Declarations made by a person who believes that his death is approaching, although he may have some hope left in his own mind, are admissible as dying declarations. It is sufficient to state, in an indictment under the circumstances above-mentioned, that the wound was the cause of death (per Erle, J.). This was an indictment against Henry Charles Morehead Hawkey, and Edward Lawes Pym, for the wilful murder of James Alexander Seton, stating that Henry Charles Morehead Hawkey feloniously, wilfully, and of his malice aforethought, discharged a pistol loaded with gunpowder and ball, inflicting a wound of which the said James Alexander Seton languished and died, and that Edward Lawes Pym was present and aiding, abetting, and assisting the said Henry Charles Morehead Hawkey in the committing of the said murder. Cockburn, Q.C. and Kinglake, Serjt. for the defence. soner was present, and no statement made by Mr. Hawkey can be admissible against a party not present. ERLE, J.-Upon this indictment the jury have to determine whether or not Mr. Hawkey killed Mr. Seton of malice aforethought; and if this statement goes to prove the fact of malice, it is admissible. The learned Judge then asked the counsel for the prosecution what was the observation, and having heard it, said, if proved, it would be material to shew malice, and it is therefore admissible. Kinglake, Serjt.-I submit that the principal not being on his trial, no declaration made by him can be admissible. Even the confession of a principal is no evidence against the accessary, although it was once thought otherwise; and this declaration is only in the nature of an admission or confession which might be ample enough to convict the principal, but cannot apply to the accessary. ERLE, J.-I admit all the argument as to declarations in general, but this statement is an act indicating malice aforethought in Mr. Hawkey, and that is a fact which the jury have to ascertain. The intentions of a person can only be inferred from external manifestations, and words are some of the most usual and the best evidence of intention. It is not a declaration after the act done narrating the past, but it shows the mind of the party. Kinglake, Serjt.-Admitting the distinction now laid down, this statement is nevertheless inadmissible; for it is not a declaration accompanying an act done, but it precedes by some time the overt act, and how can it be coupled with it? It is merely what then passed in his mind as to the future. The only ground of declarations being admissible is that where acts require explanation, which is afforded by declarations, the acts are construed by means of the light thus obtained. ERLE, J.-The declaration is admissible upon the principle I have before laid down. I assume that the act of firing a pistol, by Mr. Hawkey, against the deceased, will be established, and therefore everything which assists in determining the question of the existence of malice aforethought is material. If declarations of this kind were to be restricted, as contended for by my brother Kinglake, they would be confined, in fact, to the very time of the committal of the offence; whereas the very essence of malice is, that it exists for a period of time prior to the act, and, it may be, for a very long period. The evidence was then admitted, and the statement was, "I will shoot him as I would a partridge." The witness was not sure whether he said "I will," or "I would." which supervened upon the wound because the medical men thought it necessary. The point has never been solemnly decided in this country. The cause of death is a question for the jury. ERLE, J.-I am clearly of opinion, and so is my brother Rolfe, that where a wound is given, which, in the judgment of competent medical advisers, is dan gerous, and the treatment which they bona fide adopt is the immediate cause of death, the party who inflicted the wound is criminally responsible, and of course those who aided and abetted him in it. I so rule on the present occasion; but it may be taken, for the purposes of future consideration, that it having been proved that there was a gun-shot wound, and a pulsating tumour arising therefrom, which, in the bond fide opinion of competent medical men, was dangerous to life, and that they considered a certain operation necessary, which was skilfully performed, and was the immediate and proximate cause of death; the counsel for the prisoner tendered evidence to shew this opinion was wrong, and that the wound would not inevitably have caused death, and that by other treatment the operation might have been avoided, and was therefore unnecessary. I will reserve this point for the consideration of the judges, although, as I have already stated, I have no doubt upon the subject. To admit this evidence would be to raise a collateral issue in every case as to the degree of skill which the medical men possessed. Consequently no evidence of the kind proposed was given, but the Point reserved. Dr. Stewart was then examined by the counsel for the prosecution. He stated:-I was constantly with the deceased during his illness. In consequence of his repeated questions, I told him that I should not be doing my duty if I concealed from him his danger, and I suggested that he should send for his attorney. This was before the operation. On Sunday morning, the day after the operation, he grew worse. I sat up with him the whole of Sunday night, and I considered he was fast sinking. He asked me if there was the least chance of recovery. I then evaded the question. He then said, "I am not afraid of death; do tell me the worst." I then told him that I had not the least hope of his recovery. He then wept very much, and said, "I feel most sincerely grateful, and thank you and the other medical attendants for your great exertions and kindness." Rawlinson then proposed to ask, Did he make any statement as to the duel, or his wound? Cockburn cross-examined the witness.-He was not in much pain at this time. He asked repeatedly during the night how he was going on. This was before the conversation. He asked also about two or At a subsequent period of the trial, Rawlinson pro-three hours after he made the statement, "whether I posed to ask a witness, who had been in the company of Hawkey after the duel, but not in the presence of Pym, whether he had said anything about what passed at Brown Down, the spot where the duel took place. Cockburn objected that, the prisoner being absent, the statement could not be evidence. thought he was better." I left him about seven, and when I returned, he asked me what I thought. I shook my head, and did not reply. Mr. Jenkins, the surgeon, was there in the interval, and two nurses. In answer to a question from the learned judge (which was unsuccessfully objected to by Cockburn), he said, Rawlinson, contrà.-It is evidence, for the indict-in my judgment he believed that his immediate death ment is against the principal and accessary; and was approaching. although the principal is not on his trial, yet, if the proof fail as to the principal, the present prisoner must be acquitted. Everything, therefore, which would be evidence against the principal is admissible. In an indictment against the thief and the receiver, statements by the thief are admissible against the receiver as prima facie evidence, Reg. v. Blick (4 C. 377; 1 Russell on Crimes, 43.) Cockburn and Kinglake, Serjt. objected that this declaration was not admissible. It plainly appeared, from the questions put by the deceased, that he had not given up all hope of recovery, but that he still thought that he might recover. (Christie's case, 2 Russ. on Crimes, 754; Bonner's case, Ib. 759; and 6 Car. & P. 386; Fagent's case, 7 Car. & P. 238.) ERLE, J.-I think the evidence is admissible. The ERLE, J.-Upon reference to the cases cited in principle is that a person who speaks with the conRussell on Crimes, vol. 1, 42, I think that the objec-viction that his death is fast approaching, speaks tion is well founded. The confession, nay, even the under such a sense of responsibility that the law preconviction of a principal, is not evidence against an sumes that he will tell the truth. Here Mr. Seton accessary. It has been held, that if, upon the trial had a firm belief that his death was fast approaching. of both principal and accessary, the principal pleads Upon the answer of the surgeon, he burst into tears, guilty, the plea is not receivable as evidence against and thanked the medical men for their exertions. It has, no doubt, been held in some cases that all hope After the examination of the first medical witness, must be given up, but this is now decided not to be who stated his opinion that the operation was the necessary. Indeed, if it were so, no declarations could only chance of saving the life of the deceased, the be received, for scarcely a human being could be found counsel for the prisoner were proceeding to cross-in any circumstances, who would not retain some examine him as to the nature and seat of the wound, to shew that the opinions he had expressed of its danger, and the necessity of the operation, were not correct, when the accessary. ERLE, J. interposed.-I presume you propose to call counter-evidence, and impeach the propriety of the operation, but I am clearly of opinion that if a Pym only was put upon his trial, the other accused dangerous wound is given, and the best advice is party not having been taken into custody. taken, and an operation is performed under that Rawlinson and M. Smith were counsel for the pro-advice, which is the immediate cause of death, the secution; and party giving the wound is criminally responsible. Cockburn. I propose to shew that the opinion neous premises, and that no operation was necessary formed by the medical men was grounded upon erroat all, or at least that an easier and much less dangerous operation might and ought to have been adopted. I may therefore cross-examine the witnesses as to the grounds of their opinion. I shall submit that a person is not criminally responsible where the death the consequences of the wound, but can only be conis caused by consequences which are not physically nected with the first wound by moral reasonings, as here that which occasioned death was the operation, After some preliminary evidence, a witness named John Town stated that he saw Lieutenant Hawkey walking with a friend on the morning of the 20th of May, the day upon which the duel was fought, and the day after the alleged quarrel. He did not know who the friend was, nor could he say whether it was the prisoner or not. M. Smith then asked.-Did you hear any observation made by Lieutenant Hawkey to his friend? Cockburn objected.-It is not shewn that the pri hope. The law admits these declarations, not because recovery is impossible, but because there is the conviction of approaching death. Mr. Seton was shewn to be in this state; the evidence is admissible. The statement was then received. At the conclusion of the case for the prosecution, Cockburn and Kinglake, Serjt. objected that the indictment was not proved. It sets out that Henry Charles Morehead Hawkey, feloniously, &c. discharged a pistol, loaded with gunpowder and ball, against the deceased, and inflicted a wound thereby upon his right side, &c. whereof he died; and the prisoner is charged laid, therefore, to have been the wound. But it is adwith aiding and abetting him. The cause of death is mitted that the proximate cause of death was the operation. It may have been necessitated by the wound, and the prisoner may be responsible; but it should have been set forth specially in the indictment. That the cause of death must be correctly established principle. It may be sufficient if the stated is laid down in all the books, and is an manner of the death proved agree in substance with that charged. Thus a variance as to the weapon used will be immaterial, or as to the kind of poison. But upon an indictment for poisoning, he cannot be convicted for a different species of death, as by wounding or starving. So upon an indictment for murder, charging that the prisoner, with a certain piece of brick which he then and there held in his right hand, struck and beat the deceased, thereby giving to him with the piece of brick aforesaid one mortal wound and fracture, of which he died, the evidence was that the prisoner struck with his fist, and that the deceased in consequence fell upon the piece of brick, and that the fall upon the brick was the cause of his death. The point was reserved, and the judges unanimously held that it was a variance. (R. v. Kelly, R. & M. C. C. R. 139. See R. v. Thompson, Ib. 139; R. v. Martin, 5 C. & P. 1 Russ. 557, are other illustrations.) The circumstances should have been specially set out. (See Hickman's case, Russ. Crim. L. 651; Evans's case, Ib. 645.) ERLE, J.-I have already ruled that a person who gives a wound is responsible for the consequences to the party wounded which ensue from the treatment bona fide adopted by competent medical men who were called in to attend him. I am of opinion, therefore, that it need not be specially set forth in the indictment. The object of stating the cause of death is, that the prisoner may know for what he is to answer, but the wound is the act for which he is now made responsible. The objection must be over.uled. Upon it being intimated, however, by the counsel for the prisoner that they entertained a very strong opinion upon it, his lordship said he would reserve that point also, if it were necessary. Point reserved. Cockburn then addressed the jury on behalf of the prisoner. In the course of his speech, he stated a number of circumstances as to the conduct of the deceased to Mrs. Hawkey, to prove which Mrs. Hawkey was to be called as a witness. Rawlinson objected to this mode of proceeding. The evidence could only show provocation, and could not affect the issue. Cockburn, contrà.-Motive is a question of fact for the jury, and it is material that all the circumstances of the case should be laid before them, that they may decide whether Pym the prisoner was actuated by malice aforethought. I am entitled therefore to shew all these circumstances which led to and caused the occurrence. A statement of the deceased has also been given in evidence, that he did not know why he was shot. I shall be able to shew conclusively that this was false, and it will therefore impeach the truth of the rest of the statement as to Mr. Hawkey having been the person who shot him. ERLE, J.-I do not see the relevancy of these observations, but I cannot prevent the counsel for the prisoner from stating them. When he tenders the evidence I can then decide as to its admissibility. [At the conclusion of the speech in which all the circumstances were detailed, the counsel for the prisoner called Mrs. Hawkey to prove them.] ERLE, J.-It is clearly not relevant to the present question. Nothing that took place prior to the challenge can be admissible in defence. It is clear the challenge was deliberately given and accepted, and after a lapse of some hours the duel took place. Nor is the statement made by the deceased, which is alleged to be false, at all material to the point at issue, and the evidence must be rejected. At the request of the counsel for the defendant his lordship reserved this point also. Point reserved. The jury, however, found the prisoner, Not Guilty. THE LEGISLATOR. Summary. Charing Cross Bridge Company, to effect sale of Bridge and Clydesdale Junction Deviations Polloc, Goran, and Clydesdale Junction Railways Amalgama tion Edinburgh and Glasgow Union Canal" Forth and Clyde, and Monkland Navigation Junction. BILLS READ A SECOND TIME. Wear Dock Railway Bath Waterworks Friday, March 13. Royal Asylum of St. Anne's Society Trent Valley, Alrewas Branch London and South-Western Railway Acts Amendment Manchester and Birmingham Continuation, and Welsh Junction Railway Liverpool and Preston, and Manchester and Southport Railways Willingham Inclosure and Drainage Leeds, Wakefield, and Midland Junction Railway Manchester and Leeds Railway Extensions Shrewsbury, Oswestry, and Chester Junction, and North London, Bristol, and South Wales Direct Railway North Staffordshire Railway, Pottery Line Grand Trunk, or Stafford and Peterborough Union Railway Bury Improvement Morecombe Harbour and Railway Monday, March 16. Leeds, York, and Midland Junction Railway derton Sheffield, Ashton-under-Lyne, and Manchester Railway Edinburgh and Glasgow, and Scottish Central Railways Junction Edinburgh, Leith, and Granton Railway Amendment Glasgow, Garnkirk, and Coutbridge Railway Extension Airdrie Police Andover Canal Coal Whippers, Port of London. Wednesday, March 18. Nottingham, Mansfield, and Midland Junction Railway Southampton Port and Harbour Somersetshire Midland Railway Newcastle and Darlington Junction Railway, Pontop and South Shields Railway Purchase. Wednesday, March 18. Cornwall Railway Port Gordon Harbour Sidmouth Market Tramore Embankment Out-Pensioners' Service (Chelsea and Green wich) (amended). Poor Removal Fever, Ireland Protection of Life, Ireland Public General Acts-Cap. 1, 2, 3, and 4 126. Army-Return 117. Calcutta Mint-Paper 129. Railway Bills Classification-Sixth Report of Com mittee 81. Soap-Accounts 87. Factories-Return 124. Pensions (Navy)-Return 131. Corn-laden Ships-Accounts Bills in Progress. A Bill, "To Consolidate and Amend the Laws relat- CHARGEABILITY OF PERSONS NOT SETTled. 2. Declaration that persons are to be relieved at the charge of the parish where they are destitute, until removal or lawful cessation of their destitution. And be it declared and enacted, That the overseers of every parish, and the guardians of every parish or union, shall take order for the relief, according to the laws in force for the time being, of every poor person destitute therein, but not settled therein, in like manner as if he were settled therein, until he is lawfully removed therefrom, or until he ceases by other lawful means to be destitute therein. parish therein, shall be charged on the common fund REMOVAL. 6. Person chargeable to a parish in which he is not settled, liable to be removed to the parish of his settlement.-And be it enacted, That every person who has become chargeable to any parish or union in which he is not settled, shall be liable to be removed therefrom to any parish in which he is settled. to any one justice of the peace for the county, borough, or place, in which such parish is situate, that any person is liable to be removed from such parish, such justice may summon such person to come before any two justices of the peace of such county, borough, or place, at a time and place to be named in such summons; and at such time and place any two justices of the peace of such county, borough, or place, may hear and examine into the matter of such complaint, and, if they see fit, they may issue a warrant, under their hands and seals, to remove such person to the parish to which he is liable to be removed: Provided. always, That if any such person be, by reason of age, illness, or infirmity, unable to be brought up before 7. But no removal to be made from one parish to an- such two justices, or if the husband, or father, other parish in the same union.-Provided always, mother, or stepfather, of any person liable to be reand be it enacted, That no person who be moved, be a prisoner in any gaol or house of correccomes chargeable to a parish in an union shall tion, or in the custody of any constable or peace be removable to any other parish included in officer, under or by virtue of any warrant of committhe same union, but the overseers of the parish ment, then any one justice of the peace may take the to which such person has become chargeable may, examination of such person, husband, father, mother, notwithstanding that such person does not reside or stepfather, where he or she may be, in writing, within such parish, apply to two justices for an order touching his or her settlement; and such examinato adjudicate as to the settlement of such person in tion, signed by such justice shall, if such person be any other parish in the same union, and such justices still unable to be produced as a witness, be received shall thereupon summon the overseers of the parish and admitted as evidence of the facts therein stated, against whom the order is sought to be made to ap-in the same manner and to the same extent as if the pear before two justices of the same jurisdiction, and same facts were orally deposed to, before any two upon the appearance of such last-mentioned overseers, justices empowered to inquire into such settlement. or, in default thereof, upon proof of the service of 14. Board of guardians may apply for warrant of such summons, any two such justices shall proceed to removal after notice to the overseers.-Proviso for hear and to determine the case by making an order saving the power of overseers to apply for such warrant. adjudging that the settlement of such person is or is -And be it enacted, That where any person is alleged not in the parish against which the application is made to be liable to be removed to any parish not included in the form set forth in the schedule hereunto an- in the union in which he is chargeable, the board of nexed, or to the like effect; and if the overseers of guardians of such union may examine into his seteither parish be dissatisfied with the judgment of such tlement, and if a notice signed by the clerk to the justices, it shall be lawful for such overseers to appeal guardians in the form marked (G.) in the schedule to against the same to the General Quarter Sessions of this Act be served on some one of the overseers of the the Peace, giving notice of such appeal, and of the parish to which such person is chargeable, and if some grounds thereof, in writing within such time, and two or more of the overseers of such parish do not otherwise in such manner, and subject to the same within seven days after such notice has been given, conditions, and with the same consequences as re- deliver to the clerk to the guardians a statement in gards both parishes, as if such order were a warrant writing, to the effect that they do not consent to an of removal, as hereinafter provided; and such poor application for a warrant to remove such person, such person shall be deemed to be settled in the parish in board of guardians may make application through which his settlement is admitted, or finally adjudged some one of their officers in like manner as is hereinto be in conformity with the provisions of this Act; before prescribed in reference to applications by overand the cost of all relief given since the obtaining of seers, for a warrant to remove such person, and may such order and thereafter, shall be charged by the give directions for the execution of such warrant; board of guardians to the parish in which such poor and the copy or counterpart of the warrant of remo. person is settled. val shall in such case be signed by the clerk to the guardians, and shall be as valid and effectual, with reference to the recovery by the overseers of any parish of relief afforded, and for all other purposes, as if signed by overseers of the poor; and such copy or counterpart, and the statement of the grounds of removal of such person, shall be sent by such clerk as hereinafter provided in the case of removal by overseers; but if any two or more overseers of the parish to which the person is chargeable, do, within seven days after such notice has been given by the clerk of the guardians, deliver to such clerk a statement in writing to the effect that they do not consent to such application being made, then no further proceedings in regard to such removal shall be taken by the board of guardians: Provided also, that nothing herein contained shall deprive the overseers of any parish of the power of themselves obtaining and executing any warrant of removal, subject to the provisions of this Act, and that all notices of appeal against any warrant of removal shall (subject to the restrictions hereinafter provided) be given to and by the overseers, and the appeal carried on in the name and on behalf of the overseers of the parish. 3. Board of Guardians empowered to charge relief in doubtful cases, subject to warrant of removal, or appeal to the Commissioners. And be it enacted, That if any person become chargeable within a union, and a question arise before the board of guardians thereof as to the parish in the said union in which such person is settled, or to which the relief administered to such person by any officer of the board of guardians ought lawfully to be charged, such board of guardians shall direct their clerk, or other officer, to which parish he shall charge the cost of such relief: and thereupon such person shall be deemed to have become chargeable to such parish, and such clerk or other officer shall forthwith notify to the overseers of such parish, or to some one of them, the fact that such direction has been given; and in case the overseers of the parish to which such relief is charged think such parish aggrieved thereby, they may apply within fourteen days after the receipt of such notice, 8. Persons exempted fron the liability to be removed but not afterwards, for an order adjudicating the after five years' residence.-Provided also, and be it settlement of such person as is hereinafter in this Act enacted, That no person who has resided for the five provided, notwithstanding that such person does not years last preceding in any parish shall be removed reside within the parish to which the relief has been from that parish; and no residence as a prisoner in a so charged; but if in any case such order have not prison, as a soldier, marine, or sailor in active service, been applied for within such fourteen days, it shall as an insane person in a lunatic asylum, or house be lawful, within six calendar months after the com- licensed for the reception of insane persons, or as a mencement of such chargeability, but not after-patient in a hospital, and no time whilst any person is wards, for any two of the overseers of the parish to which the board of guardians has directed the cost of relief to be charged, or for any guardian of such parish to deliver to the clerk to the guardians a protest in writing against such charge, and to apply to the Poor Law Commissioners to inquire into and decide upon the liability of such parish to be charged with the cost of such relief; and it shall thereupon be lawful for the said commissioners to inquire into the circumstances of the case, and to issue such order, under their seal, as to them may seem fair and just, confirming or setting aside the direction of the board of guardians, and directing to what parish or parishes in the union the cost of the relief received by such person, from any day before such order comes in force, or of any relief thereafter to be given to such person, shall be charged; and the clerk or other officer to such union shall charge the costs of such relief, and such person shall be deemed to have become chargeable, accordingly; and no such order of the Poor Law Commissioners shall be removed into any of her Majesty's courts of record by writ of certiorari, or otherwise, after the expiration of six calendar months from the time when such order may come into force. receiving relief from any parish, or whilst he is wholly 9. Widows.-Provided also, and be it enacted, That 10. Children.-Provided also, and be it enacted, That no child of any person, or of the wife of any person, legitimate, or illegitimate, under sixteen, residing with the father or mother of such child, shall be removed in any case where the person himself may not lawfully be removed. 11. Sick persons.-Provided also, and be it enacted, That while a person is chargeable in respect of relief made necessary by accident, or by sickness of the person himself, or any member of his family, no warrant for the removal of such person shall be granted, unless the justices granting the same state in such warrant that they are satisfied that the sickness will be incurable, or that the accident will produce a per PROCEDURE IN REMOVALS. 4. Evidence of chargeability. And be it enacted, That any entry in any account book of an overseer of any parish, to the effect that a person has been relieved by such overseer, or in the relief list of any relieving officer of a board of guardians, to the effect that a person has been relieved by such relieving offi-manent disability. cer, and that such relief has been charged to any parish, shall be prima facie evidence that such relief 12. Amicable removal.-And be it enacted, That if has actually been given, and that such person has be- the overseers of any parish by writing under the come chargeable to such parish respectively. hands of any two or more of them, signed in the pre5. The commissioners, with the consent of the majo-sence of any justice of the peace, and certified under rity of a board of guardians, may make occasional poor bis hand to be so signed, admit that any person is a union charge. And be it enacted, That if the ma- liable to be removed thereto, and thereby agree to rejority of the guardians of any union make application ceive such person, such person shall be deemed to be in writing to the Poor Law Commissioners for that settled in such parish, or removed thereto accordingly, purpose, it shall be lawful for the said commissioners, without any order or warrant of justices. by order under their seal, to direct that the cost of 13. Summons and examination of persons liable to the relief to destitute houseless poor persons or wan-be removed; warrant of removal. Proviso for examiderers, not alleging themselves nor deemed by the nation of infirm persons and prisoners. And be it board of guardians of such union to be settled in any enacted, That if the overseers of any parish complain 15. Paid officer may be appointed to conduct removals, and regulations, &c. be made with reference to his duties.-And be it enacted, That it shall be lawful for the said commissioners to authorise the board of guardians of any union to appoint a paid officer, with proper assistants, for the purpose of conducting the removal, from any parish or parishes within such union, of poor persons liable to be removed from any such parish, and for the purpose of attending to all matters relating to the settlement and removal of poor persons; and the said commissioners may make and issue rules for the purpose of regulating the mode in which removals, and all proceedings relating thereto, shall be conducted by guardians, overseers and other officers, whether in unions or single parishes, but not so as to interfere with any regulations made by the justices with reference to removals of persons born in Scotland, Ireland, the Isle of Man, Scilly, Jersey or Guernsey; and the said commissioners may require any returns or other information, and may exercise the same power with regard to the qualification, duties, salary, security and continu. ance in office of such officers to be appointed for the purpose of conducting removals, as are given to them with regard to paid officers in an Act passed in the fifth year of the reign of his late majesty King William the Fourth, intituled, "An Act for the Amendment and better Administration of the Laws relating to the Poor in England and Wales;" and whenever any such officer conducting the removal of poor persons has been appointed by the board of seers of the parish in whose behalf such warrant was borough, or place, of which the said justices are jus- guardians, the overseers of any parish in such union mination thereof. 17. Penalty for procuring removals of poor persons without warrants of justices.-And be it enacted, That except as is provided by this Act, if any officer of any parish or union do for the purpose and with the intent of causing any poor person to become chargeable to any other parish or union to which such person was not then chargeable, convey any poor person out of the parish or union for which such officer acts, or cause or procure any poor person to be so conveyed, or give directly or indirectly any money, relief or assistance, or afford or procure to be afforded any facility for such conveyance, or make any offer or promise, or use any threat to induce any poor person to depart from such parish or union, and if, in consequence of such conveyance or departure, any poor person, become chargeable to any other parish or union, such officer, on conviction thereof before any two justices (either of the place from whence such poor person has been conveyed, or had departed as aforesaid, or of the place where such poor person has so become chargeable) shall forfeit and pay for every such offence any sum not exceeding five pounds, nor less than forty shillings. 18. Overseers, or persons employed by them, may execute the warrant of removal.-And be it enacted, That such overseers may employ any proper person to carry, remove, and deliver any pauper directed by such warrant to be removed, and that the delivery by such person of any such pauper shall be as effectual, to all purposes, whatsoever, as if such pauper were delivered by any overseer. 19. Delivery of paupers under orders of removal.— And be it enacted, That the delivery of any pauper under any warrant of removal to any officer of the workhouse of any parish, or of any union in which the parish to which the removal is directed to be made is comprised, at such workhouse, shall be deemed to be a delivery of such pauper to the overseers of the said parish. SUSPENSION OF WARRANTS OF REMOVAL. 25. Overseers of the parish aggrieved by warrant of removal, may appeal; appeal only to be respited on affidavit of special circumstances. Appeal preserved against warrants of removal made before this Act.And be it enacted, That if the overseers of the parish to which any person is by any warrant directed to be removed as aforesaid, consider such parish to be aggrieved thereby; and if within twenty-one days after they have received the statement of the grounds upon which the same was made, and the copy or counterpart of the warrant, such overseers give to the overseers of the parish on whose behalf such warrant was obtained, notice in writing, under the hands of any two or more of them, of their intention to appeal against such warrant, and of the grounds of such appeal, the said overseers of the parish to which such person is directed to be removed, may appeal to the general or quarter sessions of the peace to be held for the county, city, borough, or place wherein the parish on whose behalf such warrant was obtained, or any part thereof, doth lie; and no appeal against any warrant of removal shall be entered at any sessions of the peace by the appellant parish, and respited to the next sessions, save only upon special circumstances to be verified on affidavit to the satisfaction of the Court, and upon such terms as to costs and otherwise as to the Court may seem fit: Provided always, That when any person has, before the passing of this Act, been placed under a warrant of removal, it shall be lawful for any person to appeal against such warrant, in like manner and with the like effect in all respects as if this act had not been passed: Provided also, That where any appeal against a warrant of removal has been made, but not finally decided upon before the passing of this Act, nothing in this Act contained shall in any way affect the decision to be given upon such appeal; and such decision shall have the like effect as to the settlement of the persons named in such warrant, as if it had been given before the passing of this Act. 27. Overseers may have access to the pauper touching his settlement or liability to removal. And be it enacted, That the overseers giving such notice of appeal, or their attorney, or any other person authorised by them, may, until such appeal is heard and decided, at all proper times have free access to the person directed to be removed, for the purpose of examining him touching his settlement or liability to be removed; and if it be necessary for the more effectual examination of such person, that he should be taken out of the parish in whose behalf the warrant was obtained, such overseers may remove him therefrom for the time which may be necessary for that purpose; and in such case the said overseers shall defray the expense of such removal, and of the maintenance of such person during the same, and shall not recover any such expense from the respondent parish. 26. Appeals against warrants of removal from parishes out of the Union not to be entered without consent of the board of guardians.—And whereas it is expedient that appeals against a warrant of removal 22. Overseers may abandon a warrant of removal, should not be entered without due cause and consipaying the other parties' costs.-And be it enacted, That deration; Be it enacted, that no appeal on the part of in any case in which a warrant has been made for the overseers of any parish in which relief is adminithe removal of any person from any parish, and no-stered by a board of guardians, or which is included tice thereof sent as aforesaid, if at any time after in any union, against a warrant for the removal of such notice, whether notice of appeal against such any poor person to such parish from any other parish warrant have or have not been then given, the over- not included in such union, shall be entered at the seers of such parish give notice in writing, under the quarter or general sessions, unless the previous conhands of any two or more of them, to the overseers sent of the board of guardians of such parish or of the parish to which such person is directed to be union has been signified in the form marked (G.) in removed, that they abandon such warrant, then such the schedule to this Act, purporting to be signed by warrant, and all proceedings consequent thereon, the presiding chairman and clerk of such board. shall become and be null and void to all intents and purposes, as if the same had not been made; and shall not be given in evidence in case any warrant be afterwards obtained for the removal of any person 20. Suspension of the execution of warrants of re- who may have been affected by such first-mentioned moval. Recovery of expenses incurred by such suspen-warrant; and the overseers abandoning such warrant sion.-Provided always, and be it enacted, That where any warrant has been made for the removal of any person, if it appear to the justices who made such warrant, or to any other two justices of the same county or jurisdiction, that such person is unable to travel, by reason of sickness or other infirmity, or that it would be dangerous for him to do so, such justices shall suspend the execution of such warrant, as well with respect to such person as with respect to every other person thereby directed to be removed, until the same may be executed without danger to any person who is the subject thereof, and shall indorse such suspension on the said warrant of removal, and shall sign the same; and when such justices, or any other two justices of the same county or jurisdiction, are satisfied that such warrant may be executed without danger to any person who is the subject thereof, such justices shall direct such warrant to be executed, and shall indorse such direction on the said warrant of removal, and shall sign the same; and in case such direction be given, or the party die, if it be proved on 23. Duplicate of warrant of removal, &c. to be oath before any two such justices that any expenses transmitted to the clerk of the peace, who is to preserve of relief or maintenance, other than of medical relief, the same.-And be it enacted, That the clerk to the have been incurred by such suspension, such justices justices, or, if there be no such clerk, then one of the may order the overseers of the parish to which such justices who have made any warrant of removal, shall person was directed to be removed, to pay the over-transmit within three days from the making of such seers of the parish from which such person is directed warrant, a duplicate of such warrant, and also all the to be removed, such expenses of relief and mainte- original depositions upon which such warrant was nance, other than of medical relief; and if the over-made to the clerk of the peace for the county, shall pay to the overseers of the parish to which the 28. Summons of witnesses by justices.-And be it enacted, That in any proceedings to be had before justices in petty or special sessions, or out of sessions, under the provisions of this Act, if any party to such proceedings request that any person be summoned to appear as a witness in such proceedings, it shall be lawful for any justice to summon such person to appear and give evidence, and, if necessary, to produce such documents, books and papers, as may be in his possession upon the matter of such proceedings; and if any person so summoned neglect or refuse to appear to give evidence or to produce such documents, books, and papers where the same are lawfully produceable in evidence, at the time and place appointed in such summons, and if proof upon oath be given of personal service of the summons upon such person, and that the reasonable ex penses of attendance were paid or tendered to such | MAINTENANCE OF PAUPERS UNDER WARRANT. 29. Quarter sessions to hear appeal; no grounds to be gone into, but those set forth in the respondents' and appellants' statements.-And be it enacted, That the justices of the peace at the general or quarter sessions of the county, borough, or place wherein the parish or any part thereof is situate from which the warrant appealed against has directed the removal to be made, held next after the expiration of fourteen days from the day on which the notice of appeal was given, shall hear and determine such appeal upon the grounds set forth respectively upon the respondents' statement of the grounds of the warrant of removal, and in the appellants' statement of the grounds of their appeal; and neither the respondents nor appellants shall, on the hearing such appeal, go into, or give evidence of, or be heard upon, any other grounds of removal or of appeal than those set forth in their respective statements as aforesaid. 30. On trial of appeal, the duplicate of warrant and the depositions transmitted to the clerk of the peace, may be referred to for certain purposes.-And be it enacted, That upon the trial of any appeal against any such warrant of removal, the Court trying such appeal, or either party, shall be at liberty to refer to the said duplicate and depositions so transmitted as aforesaid to the clerk of the peace; but such depositions shall not be considered as furnishing evidence of the facts therein deposed to, except only for the purpose of shewing that the person making such depositions has made the statements therein contained, and except only where evidence of the fact of such statements having been made is by law admissible: Provided nevertheless, that where any party who has made such depositions is dead at the time of trying the appeals, the deposition of such party shall be admissible at such trial as evidence of the facts therein stated, in the same way and to the same extent as such statement would have been admissible at such trial if then orally deposed to by such person: Provided nevertheless, That on the trial of any such appeal no warrant of removal shall be quashed or set aside, either wholly or in part, on the ground that such depositions do not furnish sufficient evidence to support, or that any matter therein contained raises an objection to the warrant or the grounds of removal, except when such objection arises upon depositions given in evidence, in consequence of the death of the party making such depositions, and in that case such objection shall have the same weight and effect as if it were raised by the oral evidence of such party. 31. Costs to be awarded.--And be it enacted, That upon any appeal against any warrant or order of removal being heard before any court of general or quarter sessions, or upon proof before any such court or notice of such appeal having been given, though such appeal were not afterwards prosecuted, such Court shall order either party to pay to the other such costs and charges as they consider just and reasonable, and shall direct their officer to certify the amount thereof; and if either of the parties have included in their respective statements any grounds of removal or of appeal which, in the opinion of the Court determining such appeal, are frivolous or vexatious, such Court may, at their discretion, and what ever may be the result of the appeal, direct such party to pay the whole or any part of the costs incurred by the other party in disputing any such grounds, and shall direct their officer to certify the amount thereof; and if the amount so certified in any of the cases aforesaid be demanded of the overseers, liable to pay the same, and if such certificate thereof be produced to them, and if they refuse or neglect to pay the same, the overseers entitled thereto may recover the same as penalties and forfeitures. 33. Cost of relief of persons under warrant of removal to be repaid.—And be it enacted, That where a warrant has been made for the removal of any person from any parish, and the liability of such person to be removed under such warrant has been admitted by submission to the warrant, or adjudged upon appeal, the overseers of such parish may recover from the overseers of the parish to which such person was by such warrant directed to be removed, the charges and expenses of his relief and maintenance lawfully incurred from the time when notice was sent that he had become chargeable, until the time when he might lawfully have been removed; and if the same be not paid within three days after a demand thereof, the overseers entitled thereto may recover the same in the same manner as penalties and forfeitures: Provided always, That no charges or expenses of relief or main tenance incurred by reason of the suspension of any such warrant shall be recoverable, except upon the conditions herein before prescribed. 34. Certiorari taken away.-And be it enacted, That no order or warrant of justices purporting to be made under the provisions of this Act, other than orders of the Court of Quarter or General Sessions, shall be removed into any of her Majesty's courts of record by writ of certiorari or otherwise. SERVICE OF NOTICES. 35. Notices of removal may be served by post.-And be it enacted, That every copy or counterpart or notice of any order or warrant (whether suspended or otherwise) for the removal of any poor person, and every statement of the grounds upon which any such order or warrant is made, and every agreement in writing to receive a person under a warrant of removal, and every notice of appeal against such order or warrant, and the grounds of any such appeal, and every notice of the abandonment of such warrant, and every bill or demand of costs incurred under or by reason of any such warrant, and every notice of appeal against any order for payment of costs incurred by reason of the suspension of any warrant of removal, shall be held to have been properly served or delivered, if it be proved that the same was properly addressed to the parties entitled to receive the same, and endorsed on the outside of the letter or packet with the name of the document as it is above described, and put into the post office. GUARDIANS OF PARISHES INVESTED WITH SAME POWERS AS GUARDIANS OF UNIONS. 36. Guardians of parishes to have the like powers as to settlement and removal as the guardians of unions. -And be it enacted, That every board of guardians constituted for a single parish under the provisions of the Act of the fifth year of the reign of his late Majesty King William the Fourth, may act in the like manner as is hereinbefore provided with regard to guardians of unions constituted under the said firstrecited Act, in all matters relating to the removal of the poor; and the said commissioners may direct the guardians of any such parish to appoint paid officers, and shall exercise the like powers with regard to the paid officers in such parishes as is hereinbefore provided in the case of guardians of Unions for the removal of poor persons. CONSTRUCTION AND LIMITATION OF THE ACT. 37. The Poor-law Amendment Act and this Act to be construed as one Act.-And be it enacted, That the said Act of the fifth year of the reign of King William the Fourth, "for the Amendment and better Administration of the Laws relating to the Poor in England and Wales," and all Acts to amend and extend the same, and the present Act, except so far as the provisions of any former Act are altered, amended, or repealed by any subsequent Act, shall be construed as one Act; and all penalties and forfeitures imposed under this Act shall be recoverable as penalties and forfeitures under the said Act for the amendment of the laws relating to the poor. 38. Forms in the Schedule may be used in proceedings under this Act.-And be it enacted, That in all proceedings under this Act it shall be sufficient in the law to use, with such changes only as the facts of each case may require, the forms contained in the schedules to this Act annexed, for the purposes in the titles to such forms respectively specified. 39. Act limited to England.-And be it enacted, That this Act shall extend only to England. 40. Act may be amended this session.-And be it enacted, That this Act may be amended or repealed by any Act to be passed in this present session of Parliament. SCHEDULES TO WHICH THE FOREGOING ACT REFERS. SCHEDULE (A.) Order of Settlement. Whereas A.B. and C.D. overseers of the the parish of in the county of the union, in the county of fore (that is to say) on the 32. Costs may be taxed by the proper officer at any time, although the Court be not sitting.-And be it enacted, That where, either by this Act or any preceding Acts, costs are incidental to any order or warrant of removal, or any appeal therefrom, or any proceedings touching the same, such costs may be taxed by the proper officer in that behalf at any time; and such taxation, when duly made in other respects, last, at shall be valid and effectual, whether or not the court to to which such officer belongs be sitting at the time of the county of the taxation, in the same manner as if such court were actually sitting at the time of taxation. hereto one other of the parishes comprised in the said union, and did apply to such two justices for an adjudication as to the settlement of the said And whereas the said justices did then issue their summons to the overseers of the said parish of to appear at this place and time before any two jus tices of the same jurisdiction, who should be present, to hear the case and adjudicate thereon. Now the overseers of the said parish of appearing to make their application, and the overseers of the said parish of having been duly summoned, and being now present in person, or by their attorney [or as has been proved before us, but not appearing], we have heard the evidence, proofs, and allegations of the said part , and, having deliberated thereon, do adjudge that the said is chargeable to the said parish of and is [or not] settled in the said parish of day of Given under our hands and seals this Form of Admission of Settlement, &c. We, two of the overseers of the [parish, township, do hereby admit that &c.] of settled in the said [parish, township, &c.] of is now [or, is now liable to be removed thereto], and we do hereby agree to receive h without any warrant of justices for h removal. Given under our hands this day of in the year one thousand eight hundred and Signature of overseers. I, being a justice of the peace of and for the county of, &c. do hereby certify, that the above-named and being two of the overseers of the [parish, township, &c.] of did sign the above admission in my presence. Given under my hand on the day above written. Signature of the justice of the peace. SCHEDULE (C.) County of Form of Warrant of Removal. } To the churchwardens and overseers of the poor of the [parish, township, &c. of in the said county of and to the churchwardens and overseers of the poor of the [parish, township, &c.] of in the county of and to each and every of them. Upon complaint of the churchwardens and overseers of the poor of the [parish, township, &c.] of [or, of the board of guardians of the union, or of the parish of ,] aforesaid, in the said county of unto us, whose names are hereunto set and seals affixed, being two of Her Majesty's justices of the peace in and for the said county of that has become chargeable to the [parish, township, &c.] of We, the said justices, upon due proof made thereof, do adjudge the same to be true: And we do likewise adjudge that the lawful settlement of the said is in the said [parish, township, &c.] of in the county of and that he, &c. is liable to be removed thereto; we do therefore require you the churchwardens and overseers of the said [parish, township, &c.] of or some one of you, to convey the said and out of the said [parish, township, &c.] of to the said [parish, township, &c.] of and him to deliver to the churchwardens and overseers of the poor there, or to some or one of them, together with this our order; and we do also hereby require you the said churchwardens and overseers of the [parish, township, &c.] of provide for him according to law. Given under our hands and seals this of one thousand eight hundred from to receive and day and A B. (L.S.) CD. (L.S.) of Suspension of a Warrant of Removal to be indorsed on the back of such Warrant. Whereas it doth appear to us, and being two of Her Majesty's justices in and for the county of that the pauper within ordered to be removed, is at present unable to travel, by reason of sickness and infirmity [or, that it would be dangerous for him to do so; we do therefore hereby suspend the execution of the within warrant of removal, until it be made to appear that the same may be executed without danger. Given under our hands the one thousand eight hundred and Form of a Permission to execute the Warrant of Removal to be indorsed thereon and Order of Payment of Expenses incurred by the Suspension. Whereas it hath been now made to appear to us, poor of A B and C D, being two of Her Majesty's justices in in and for the county of and we are satisfied that the within warrant of removal may be executed without danger, we do therefore hereby direct such warrant to be forthwith executed accordingly. And whereas it is duly proved to us upon oath, that the sum of hath been necessarily incurred by the suspension of the within warrant of removal, in the relief, not being medical relief, of day of in the county of did apply two justices of the peace acting in and for and did make complaint that being chargeable to the said parish of is nevertheless settled in the parish of being |