1. In the Case of the Appointment of Overseers.

1. Any person, conceiving himself to have been improperly appointed overseer, may appeal to the general quarter-sessions (under the 43 Eliz. c. 2.); or he may remove the appointment at once into the court of King's Bench by certiorari, and that court will determine its legality upon affidavits of the facts. Rex v. Great Marlow, E. R. 244. i. 71. Rex v. Harman, And. 343. i. 67. Rex v. Standard Hill, 4 M. & S. 378. supp. 231.

2. The court of King's Bench will enter into the question, upon affidavit, whether the place for which the appointment has been made be a township or vill; and if it do not positively appear, upon the face of the affidavits, that such place is a vill, or reputed to be so, they will quash the appointment. Rex v. Standard Hill, 4 M. & S. 378. supp. 231.

B

3. If the party appeal, it seems that the appeal should be to the next sessions. See 17 Geo. 2. c. 38. s. 4. Rex v. Coode and others, i. 281. Rex v. Micklefield. i. 284.

4. Upon the appeal, evidence may be given of any thing which tends to shew a want of jurisdiction in the magistrates who made the order, or the impropriety of the appointment. Rex v. Flisher, i. 69. Albrighton v. Skipton, Str. 300. ii. 637. Rex v. Stotfold, 4 T. R. 596. ii. 634.

5. If an appointment be made by persons calling themselves justices, who are not so, it is a nullity; and therefore the party appointed needs not appeal. Rex v. Towill, i. 69.

6. But if upon the appeal it be stated that the appointment was made by such persons," justices of the peace," this is an admission of their jurisdiction. Ibid.

7. The parishioners, as well as the overseers appointed, may appeal under the 43 Eliz. c. 2. s. 6. Rex v. Forrest, 3 T. R.

38. i. 70.

8. The order which the sessions make, may be removed by certiorari; and although the justices be not bound to state their reasons, yet, if they do set out their whole reason upon the face of the order, and such reason be manifestly bad, and appear to have been their only inducement, the court will quash the order. Rex v. Gayer, Burr. 245. i. 9.

See titles, CERTIORARI, MANDAMUS, &c.

II. In the Case of the Poor Rate.

1. By 43 Eliz. c. 2. s. 6. it is enacted, That if any person or persons shall find themselves grieved with any sess or tax, or other act done by the said churchwardens and other persons, or by the said justices of peace, that then it shall be lawful for the justices of peace at their general quarter-sessions, or the greater 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.

2. And by same stat. s. 8. it is enacted, That the mayors, bailiffs or other head officers of every town and place corporate, and city within this realm, being justice or justices of peace, shall have the same authority by virtue of this act, within the limits and precincts of their jurisdictions, as well out of the sessions as their sessions, if they hold any, as is herein limited, prescribed and appointed to justices of the peace of the county, or any two or

at

more of them, or to the justices of the peace in their quarter-sessions, to do and execute for all the uses and purposes in this act prescribed, and no other justice or justices of peace to enter or meddle there: and that every alderman of the city of London within his ward shall and may do and execute in every respect so much as is appointed and allowed by this act, to be done and executed by one or two justices of peace of any county within this realm.

5. And therefore it was held that an appeal against a poor rate might be made at a borough sessions; and that the county sessions could not remove an appeal against a rate made in a corporation town having justices of its own. Rex v. Taunton, Fost. 325. i. 274.

4. By 17 Geo. 2. c. 38. s. 4. In case any person or persons shall find him, her or themselves aggrieved by any rate or assessment made for the relief of the poor, or shall have any material objection 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 find him, her or themselves aggrieved by any neglect, act or thing done or omitted by the churchwardens and overseers of the poor, or by any justices of the peace; it shall and may 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 there assembled are hereby authorized and required to receive such appeal, and to hear and finally determine the same; but if it shall appear to the said justices that reasonable notice was not given, then they shall adjourn the said appeal to the next quarter-sessions, and then and there finally hear and determine the same; and the said justices may award and order to the party, for whom such appeal shall be determined, reasonable costs, in the same manner that they are impowered to do in case of appeals concerning the settlement of poor persons by an act made in the eighth and ninth years of King William the Third, intituled, "An Act for supplying some defects in the laws for the relief of the poor of this kingdom."

5. But to authorize the sessions to award costs, the appeal must be entered and determined; it is not sufficient merely that notice of appeal has been given. Rex v. Essex, ii. 757. 8 T. R. 585.

6. By s. 5. it is provided, That in all corporations or franchises who have not four justices of the peace, it shall and may be lawful for any person or persons in any of the cases aforesaid, where an appeal is given by this act, to appeal, if he or they shall think fit, to the next general or quarter-sessions of the peace for the county, riding or division wherein such corporation or franchise is situate.

7. And by s. 6. declaring, 'That whereas it hath been held, that upon appeals from rates and assessments, the justices of the peace may not only quash the old rates, but make new rates and assessments, from which no appeal can be had;' it is enacted, That upon all appeals from rates and assessments, the justices of the peace (where they shall see just cause to give relief) shall and are hereby required to amend the same, in such manner only as shall be necessary for giving such relief, without altering such rates or assessments, with respect to other persons mentioned in the same; but if upon an appeal from the whole rate, it shall be found necessary to quash or set aside the same, then and in every such case, the said justices shall and are hereby required to order and direct the churchwardens and overseers of the poor to make a new equal rate or assessment, and they are hereby required to make the same accordingly.

8. By the seventh section, a power is given to any person, finding him or herself aggrieved by any distress levied in pursuance of this act, to appeal to the next general or quarter-sessions of the peace for the county or precinct where such assessment was made, and the justices are to hear and finally determine the same.

9. By 41 Geo. 3. c. 23. s. 2. it is enacted, That from and after the passing of this act, all and every the sum and sums of money at which any person or persons is or are or shall be rated or assessed, in any rate or assessment made for the relief of the poor of any parish, township, vill, or place, shall and may be levied and recovered by distress, and all other lawful ways and means, notwithstanding the person or persons so rated or assessed, or any other person or persons, shall have given notice of appeal from or against such rate or assessment, for any cause whatsoever; provided always, that if any person, rated or assessed in any rate or assessment made for the relief of the poor, shall give such notice of appeal as hereinafter mentioned, to the churchwardens and overseers of the poor of any parish, township, vill, or place, or any two of them; then, from and after the giving of such notice,