The Queen against The Justices of the West Riding of Yorkshire. (Clint against Birstwith.)
| Jurisdiction | England & Wales |
| Judgment Date | 29 May 1840 |
| Date | 29 May 1840 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 260
IN THE COURT OF QUEEN'S BENCH.
the queen against the justices of the west riding of yorkshire. (clint against birstwith.) [Friday, May 29th, 1840.] Where the pauper's examination differs from his evidence at sessions, as to any circumstance making a part of the matter pointed to in the statement of grounds of appeal, it is for the sessions to decide whether the variance be material within stat. 4 & 5 W. 4, c. 76, a. 81. So held, on application for a mandamus to enter continuances and hear an appeal. Per Lord Denman C.J. The examination of the pauper ia to be construed as strictly as the statement of grounds of appeal. At the Summer Sessions for the West Eiding of Yorkshire, 1839, an appeal came on to be heard against an order removing John Lax, his wife and children, from the township of Birstwith to the township of Clint, both in the West Eiding. The alleged settlement in Clint was by occupation of a tenement there, On the evidence of the pauper at sessions, it appeared that he entered on the occupation of the tenement a year later than the year stated in that behalf in his examination before the justices. Upon this the Court stopped the hearing and discharged the order. [686] Cresswell, in Michaelmas term, 1839, obtained a rule nisi for a mandamus to the justices of the West Eiding to enter continuances and hear the appeal. By the affidavit in answer, it appeared that Lax, in his examination before the justices, stated that he entered upon the occupation in June 1827, as tenant to a Mr. Fawcett, and gave up possession in June 1828 ; and that the grounds of appeal were stated to be, that he "did not bon& fide rent or occupy, for the term of one whole year, a farm in the township of Clint, from the beginning of June 1827 until the latter end of June-1828, as tenant to," &c. Williams J. was on the special commission at Monmouth. See the next case. 10AD.ftB.U7. THE QUEEN V. MIDDLETON IN TBESDALE 261 E. Perry (with whom was Bainee) now shewed cause. There are two questions: first, whether the sessions have decided rightly; secondly, if not, whether the Court will interfere. Ex parle Broseley (7 A. & E. 423), ia an authority on both points. (He was then stopped by the Court.) Merivale, contra. As to the first point, seat. 81 of stat. 4 & 5 W. 4, c. 76, certainly uses the same language as to the examination of the pauper and the...
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