The Queen against The Guardians of the Poor of the Wallingford Union, in the Counties of Berks and Oxford
| Jurisdiction | England & Wales |
| Judgment Date | 29 May 1839 |
| Date | 29 May 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 101
IN THE COURT OF QUEEN'S BENCH.
S. C. 2 P. & D. 226; 8 L. J. M. C. 89.
the queen against the guardians of the poor of the wallingford union, in the counties of berks and oxford. Wednesday, May 29th, 1839. The guardians of an union, formed under stat. 4 & 5 W. 4, c. 76, s. 26, comprehending the parish of M. and others, built a workhouse in M., for the employment of the poor, under stat. 4 & 5 W. 4, c. 76, s. 23. Held, that the guardians were rateable in the parish of M., as occupiers of the workhouse. Though it wag built on land which, from the nature of the former occupation, had not previously been rated. [S. C. 2 P. & D. 226; 8 L. J. M. C. 89.] On appeal against a poor rate, made 4th January 1838, whereby the appellants were rated in the respondent parish to the relief of the poor, the sessions confirmed the rate, subject to the opinion of this Court on the following case. On the hearing of the appeal, it was proved that the respondent parish and twenty-eight other parishes together form one union (pursuant to the provisions of [260] stat. 4 & 5 W. 4, c. 76), called the Wallingford Union, formed by the Poor Law Commissioners on 2d June 1835; and that the appellants are the guardians thereof, elected pursuant to the said statute. That the property, in respect of which they are sought to be rated, consists of the union workhouse of the said union, with its appurtenances, together with two acres of ground, used as a garden to the workhouse, and adjoining the same, but not being a distinct property. That, previously to the formation of the union, the respondent parish, together with the parishes of St. Peter and St. Leonard, in the borough of Wallingford, were jointly possessed of a workhouse for the reception of the paupers of the said three united parishes, on the site of which the said union workhouse has been erected in manner hereinafter mentioned. That, after the formation of the Wallingford Union, the old union of the said three united parishes was declared void by the Poor Law Commissioners; and the old workhouse, belonging to the three united parishes, was, with the concurrence of the Poor Law Commissioners, and in pursuance of stat. 4 & 5 W. 4, c. 76, and of stat. 5 & 6 W. 4, c. 69 ("to facilitate the conveyance of workhouses and other property of parishes and of incorporations or unions of parishes in England and Wales "), sold by the visitor and guardians of the said three united parishes, and, with the like concurrence of the commissioners, purchased by, and conveyed to, the guardians of the Wallingford Union. That a piece of ground, containing about two acres, adjacent to the said workhouse, was also purchased by the guardians for the sum of 1901. 10s., and conveyed to them, by the order and direction of the commissioners, and in pursuance of the [261] said statutes. That the union workhouse was erected, partly on the ground belonging to the old workhouse, and partly on a portion of the said two acres of ground, by the guardians, at the cost of 51501., including the said sum of 1901. 10s., under the like order and directions, and with the approbation, of the commissioners. That the old workhouse was not rated to the relief of the respondent parish ; but that the said two acres of land were rated to the 102 THE QUEEN V. WALLINGFORD UNION 10AD.tcZ.262. relief of the poor of the said pariah before the formation of the union : but the produce thereof is now applied to the maintenance of the pauper inmates. That the union workhouse is situate in the respondent pariah. That it is applied solely to the reception and maintenance of the poor of the union, including therein as well poor persons falling sick or otherwise becoming destitute in the union, although not settled therein, as the settled inhabitants of the union. That, in addition to the apartments occupied by the poor persons...
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