Flannagan against The Overseers of the Poor of the Parish of Bishop Wearmouth

JurisdictionEngland & Wales
Judgment Date11 November 1857
Date11 November 1857
CourtCourt of the Queen's Bench

English Reports Citation: 120 E.R. 168

IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER

Flannagan against The Overseers of the Poor of the Parish of Bishop Wearmouth

S. C. 27 L. J. M. C. 46; 3 Jur. N. S. 1103. Distinguished, Thomas v. Alsop, 1870, L. R. 5 Q. B. 154.

flannagan against the ovekseers of the poor of the parish of bishop wearmouth. Wednesday, November llth, 1857. Upon conviction of a man, under stat. 5 G. 4, c. 83, s. 3, for wilfully refusing or neglecting to maintain his wife, a case was stated by the magistrates under stat. 20 & 21 Viet. c. 43, s. 2. The statement was that it appeared on the hearing that appellant on a former occasion, his wife having before that been relieved by the parish while living apart from him, had been summoned, and had then promised to make her a weekly allowance, which he had since failed to do, and the wife had been supported by the parish since then. That, at the hearing on which the conviction appealed against took place, he offered to repay what the parish had paid, and to receive his wife; that evidence was given to the satisfaction of the magistrates that he had ill used his wife, who thereupon refused to live with him; that appellant undertook to treat her kindly; that the magistrates were satisfied that he had for a length of time neglected to support her, and that the offer to receive her was only to screen himself from the consequences of the neglect.-Held that the conviction was wrong, for that, assuming the fact of ill usage sufficient to constitute a ground for the wife's refusal to live with the appellant, there was no evidence of a refusal to support her. [S. C. 27 L. J. M. C. 46; 3 Jur. N. S. 1103. Distinguished, Thomas v. Alsop, 1870, L. R. 5 Q. B. 154.] This was a case submitted for the opinion of this Court, under stat. 20 & 21 Viet, c. 43, s. 2, by justices of the borough of Sunderland. At the Police Court, Bishop Wearmouth, in the said borough, before two justices of the said borough, on 10th September 1857, Benjamin Flannagan was charged, under stat. 5 G. 4, c. 83, s. 3, for wilfully refusing or neglecting to maintain his wife, whereby she had become chargeable to the parish of Bishop Wearmouth. The overseer of Bishop Wearmouth proved that the wife of the defendant had applied to him for relief, and that he had advanced to her the sum of one shilling for that [452] purpose. The wife of the defendant proved that she had received no money from the defendant for several weeks, and had been...

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