The Queen against The Inhabitants of North Bovey
| Jurisdiction | England & Wales |
| Judgment Date | 27 April 1842 |
| Date | 27 April 1842 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 196
IN THE QUEEN'S BENCH
500] [The following cases, since decided on the sufficiency of examination and grounds of appeal, may conveniently be added here.] thi queen against the inhabitants of north bovey. [Wednesday, April 27th, 1842.] Pauper was removed on an examination stating a settlement by apprenticeship in the appellant parish : that, after such settlement was gained, pauper agreed to serve Edmund Stooke in a third parish A., for a month at 3s. per week ; and that, when the month was up, he agreed to live on at the same wages by the month, the bargain to be at an end by a month's warning froiji either party ; under which agreement he served two years. The ground of appeal stated that the pauper acquired a settlement in A., by hiring and service with one Edmund Stooke of A. " subsequently to that acquired by him in our parish : " not describing the contract, or referring to the examination, otherwise than as above. Held, under stat. 4 & 5 W. 4, c. 76, s. 81, that the grounds were bad for not stating that the hiring and service were for a year ; and could not be aided (a) "And there" (Yearb. M. 34 H. 6, 7 B. per Priaot), "it is holderi, that inasmuch as the defendant has demurred upon a special point, and has rehearsed the cause of his demurrer, if there be any other matter in the declaration, whereof the defendant might have had advantage, he shall not now take any advantage of it." " And so is the diversity, where the conclusion or demurrer is general, and where special." Mountague C.J. in Dive v. Maningham, Plowd. 66, Mich. 4 Ed. 6. See Eegina v. East Fille, 1 Q. B. 828. Also the cases in this volume, p, 325 to 334, ante, and p. 476, ante, to p. 558, post. 2 Q. B. 501. THE QUEEN V. NORTH BOVEY 197 by the description of the hiring and service in the examination, it not appearing that the Wrings and services were the same. On appeal against an order of two justices, removing James Langworthy from the pariah of North Molton to the parish of North Bovey, both in Devonshire, the sessions confirmed the order, subject to the opinion of this Court on the following case. The removal was made on the examination of the pauper, which stated as follows. That he was bound a parish apprentice to Richard Heyward of North Bovey in the said county. That, when he had served him there about five years, he removed with his master into the parish of Chagford, and served him there...
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