The Queen against Stamper and Another
| Jurisdiction | England & Wales |
| Judgment Date | 13 January 1841 |
| Date | 13 January 1841 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 1075
IN THE COURT OF QUEEN'S BENCH.
the queen against stamper and another. Wednesday, January 13th, 1841. By a rule of Quarter Sessions, it was ordered that all applications intended to be made for orders of maintenance in bastardy should be entered with the clerk of the peace on or before a certain day; and that such applications should be called on at the sessions in the order of entry. The overseers of a parish entered an application with the clerk of the peace, according to the above rule and the practice of the sessions, paying the usual fee on entry, and giving notice to the party against whom they applied. He attended at the sessions; and the ease was called on ; but the prosecutors did not appear. The sessions made no order upon the application, and ordered (under stat. 4 & 5 W. 4, c. 76, s. 73), that the overieers should pay costs to the party appearing. Held, that the entry was an application, and the calling on of the case, and attendance of the opposing party, a hearing of such application, within sect. 73 ; and, therefore, that the order /or costs was rightly made. Indictment stated that, at the General Quarter Sessions at Northallerton, on, &c., before John Headlam, clerk, &c., and other justices, it was ordered by the same justices and Court, tbat, whereas the overseers of the poor of the township of Nunnington, &c. had given due notice to one James Smith of their intention to apply to the said Court at those sessions for an order upon him as the putative father of a certain female bastard child, of which one Alice Walker was then lately delivered, and which had become chargeable to the township, for the maintenance and support of the said child: and whereas James Smith had duly appeared [120] before the Court in compliance with the notice in order to resist the said application ; and the overseers had made the application ; and James Smith had thereupon resisted the same, and the Court thereupon hearing the evidence did not think fit to make any order on the application: and whereas it duly appeared to the said Court that James Smith had incurred certain costs amounting to, &c., in resisting the said application : the Court did therefore then order that the said overseers should forthwith pay unto James Smith the said sum for his costs, &c.; of which order Richard Stamper, late of Nunningtou, yeoman, and, &c. (the two defendants), then and there being the overseers, &c., on the day and year aforesaid had notice : nevertheless they, being served with such order, did then and there neglect and refuse to pay to J. Smith the said sum of, &c., for his costs: nor have they since complied with the said order, although often requested so to do, &c. Plea : not guilty. On the trial, before Parke B., at the Yorkshire Spring Assizes, 1839, the order was proved, as above stated. The defendants' counsel (citing Eex v. Gilkes (8 B. & C...
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