The King against The Inhabitants of Debenham
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1818 |
| Date | 18 November 1818 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 334
IN THE COURT OF KING'S BENCH.
Referred to Sturla v. Freceia, 1880, 5 App. Cas. 642.
the .king against the inhabitants of debenham. Wednesday, Nov. 18th, 1818. On an appeal, the respondents, in order to prove the fact of the delivery to them of a certificate given by the appellants, acknowledging the pauper to be their settled inhabitant, produced an old book from their own parish chest, in which 2 B. &ALD. 186. THE KING V. DEBENHAM 335 was an entry of that fact in the hand-writing of a former parish officer. Held that such evidence was inadmissible. [Referred to, Sturla v. Freccia, 1880, 5 App. Gas. 643.] On an appeal against an order of two justices, by which John Driver, Margaret his wife, and John their son, were removed from the parish of Debenham to the parish of Kenton, in the county of Suffolk, the sessions quashed the order subject to the opinion of this Court on the following ease. The pauper had gained a settlement by hiring and service in the parish of Debenham, unless it could be shewn that his father at the time resided in that parish under a certificate from the parish of Kenton. It was proved that no such certificate could be found in the custody of Debenham. The pauper's father, James Driver, proved, that in the year 1771, having been removed from Debenham to Kenton, the parish officers of Debenham refused to allow him to return, unless Kenton would grant him a certificate : to this the parish officers of Kenton consented. An order for granting this certificate was made at the quarterly meeting of the directors and guardians of the ineorpo-[186]-rated hundreds of Loes and Wilford, (in which Kenton is situated,) as appeared by an entry in the minute book of the proceedings of the hundred-house quarterly meetings, dated 20th March, 1771. And to prove that such certificate was delivered to the respondent parish in pursuance of such order, a book was produced from the parish chest of Debenham: on the outside of the cover was " Certs. Reed., Bonds do., Coppys of Orders, 1756." This book contained memorandums of orders of removal, of bonds, and certificates received. The certificates were regularly numbered, and under the title of certificates received was the following entry, dated 1771. "No. 88, John Polkins from Kenton, No. 89, James Driver, do." There were a variety of other certificates subsequently entered. The sessions were of opinion that this book was...
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