The Queen against The Guardians of the Poor of St. Martin's in the Fields
| Jurisdiction | England & Wales |
| Judgment Date | 29 May 1851 |
| Date | 29 May 1851 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 1238
QUEEN'S BENCH.
S. C. 20 L. J. Q. B. 423; 15 Jur. 800. Referred to, In re Barlow, 1861, 30 L. J. Q. B. 272. Discussed, R. v. Hertford College, 1878, 3 Q. B. D. 704. Observations considered, R. v. Petticrew, 1886, 18 L. R. Ir. 352; R. v. Whelan, 1887, 20 L. R. Ir. 463. Referred to, R. v. Burrows, [1892] 1 Q. B. 401. Distinguished, R. v. Bayley, [1898], 2 Ir. R. 338. Referred to, R. v. Blaney, [1901], 2 Ir. R. 108.
thb qveen against the guardians of the poor of st. martin's in the fields. Thursday, May 29th, 1851. Quo warranto lies for an office, though nob immediately derived from the Crown, if it be so mediately (as where commissioners are empowered by Act of Parliament to direct that such office be created); if it be an independent substantive office ; and if it be of a public nature. In a parish governed, as to the poor law, by guardians appointed under order of the. Poor Law Commissioners, information in the nature of quo warranto lies for the. office of clerk to such guardians, elected by the guardians under an order of the commissioners, pursuant to stat. 4 & 5 W. 4, c. 76, s. 46, prescribing the duties; the tenure being for life and during sanity, or until resignation, or removal by the commissioners: and the duties being: 1. To attend all meetings of the board of guardians and to keep their minutes. 2. To keep, check and examine all accounts, and other documents relating to the business of the guardians, and produce them to the auditor. 3. To peruse and conduct the correspondence of the guardians, and preserve the same, and all orders of the commissioners, and make all necessary copies of letters, &c. 4. To prepare all written contracts and agreements to be entered into with the guardians, and bonds, &c. to be given by parish officers, and to see them duly executed. 5. To summon extraordinary meetings on requisition, and to issue all notices to the guardians. 6. To countersign all legal orders of the guardians on overseers for payment of money, and all legal orders of the guardians upon the treasurer. 7. To ascertain and enter the balance of account with the treasurer in the minute book before every ordinary meeting. 8. To lay the non-settled and non-resident poor accounts quarterly before the guardians, and to take their directions as to settlement of accounts with other parishes or unions. 9. To transmit periodical statements of relief had by non-settled poor to the parishes or unions on account of which it was given. 10, To communicate to the persona engaged in the relief of the poor within the parish all orders and directions of the commissioners or guardians, give instruc tions for the prompt and correct execution of such orders, and report defaults. 11, To conduct all applications by the guardians to justices in Special, Petty or General Sessions, and, if an attorney, execute the legal business of the parish or guardians, with certain exceptions, making no charge except for disbursements. 12, To prepare and transmit all reports, answers or returns, required by the commissioners, to questions relative to the administration of the poor law in the parish. 13. To conduct duly and impartially, and in strict conformity with the regulations in force at the time, the annual or any other election of guardians. 14. To observe and execute all lawful orders and directions of the guardians applicable to the office. [S. C. 20 L. J. Q. B. 423; 15 Jur. 800. Referred to, In re Barlow, 1861, 30 L. J. Q. B. 272. Discussed, E. v. Hertford College, 1878, 3 Q. B. D. 704. Observations considered, B. v. Petticrew, 1886, 18 L. R. Ir. 352; H, v. Whelan, 1887, 20 L. R. Ir. 463. Referred to, E. v. Burrows, [1892] 1 Q. B. 401. Distinguished, B. v. Bayley, [1898] 2 Ir. R. 338. Referred to, E. v. Elaney, [1901] 2 Ir. R. 108.] A rule nisi was obtained last term for a mandamus calling upon the above named guardians to elect a clerk. , [IK)] It appeared, on affidavit iu support of the rule, that the administration of the poor laws in St. Martin's parish, and the government of the workhouse, were placed in the hands of twenty-four guardians by an order of the Poor Law Commissioners, under stat. 4 & 5 W. 4, c. 76, dated 29th April, 1835. And that the commissioners, by a subsequent order (30th May, 1835), directed that the guardians (a) See Hochster v. De la Tour, 2 E. & B. 678. 17 Q. B. 181 THE QUEEN V. THE GUARDIANS OF ST. MARTINA 1239 should appoint a fit and proper person to be clerk to the board of guardians; also a treasurer and a relieving officer; and that, when any person so appointed should die or resign or be removed, the board of guardians should, as aoon afterwards as conveniently might be, proceed in like manner to a new appointment; and that the salaries of such clerk, treasurer or relieving officers should be submitted to the commissioners from time to time for their approval. By the same order it was directed that such clerk should (amongst other things) observe and fulfil all lawful orders and directions of the board of guardians, and likewise the rules, orders and regulations of the commissioners. A clerk was accordingly elected (June, 1835); and his salary was fixed at 2001. a year. In a report, presented to the board, May 23d, 1836, and adopted, his duties were described as follows. "The duties of this office shall be those laid down by the Poor Law Commissioners: also to assist the churchwardens and overseers in their duties: his attendance at the workhouse shall be from," &c. (fixing hours): the salary of 2001. per annum, attached [151] to this office, to include all law charges except money out of pocket. The commissioners (in July, 1836) approved of the report, "and of the direction that the clerk should assist the churchwardens and overseers in their duties, so far as those duties related...
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R (Jacob) v Blaney
... ... CASES DETERMINED BY THE QUEEN'S BENCH DIVISION OF THE HIGH COURT OF ... nature of a quo warranto be exhibited against Dr. N. J. Blaney to show by what authority he ... v. Guardians of St. Martin's ( 3 ), and of Smith, L.J., in ... ...
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Bruce c. Reynett,
...c. 232. 4 [1948] O.R. 46. 5 (1967) 64 D.L.R. (2e) 153. [TRADUCTION] Dans Reg. c. The Guardians of St. Martin's in the Fields (1851), 17 Q.B. 149, la page 163, 117 E.R. 1238, le juge Erle a déduit de Darley c. La Reine ex rel. Kinahan (1846), 12 Cl. & F. 520, 8 E.R. 151......