The Queen against The Inhabitants of Ecclesall Bierlow
| Jurisdiction | England & Wales |
| Judgment Date | 17 April 1841 |
| Date | 17 April 1841 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 544
IN THE COURT OF QUEEN'S BENCH.
the queen against the inhabitants of ecclesall bierlow. [Saturday, April 17th, 1841.] It is a good ground of appeal (under stat. 4 & 5 W. 4, c. 76, s. 81), against an order of removal, that the examination upon which it was made, though it sets forth facts which shew a settlement, does not disclose any legal evidence of such facts. Therefore, where an order of removal was made upon the examinations of the pauper and his father, in which the father stated that the place of his father's settlement was E., as he had heard his father say and believed to be true, and that he had heard his father aay he had received relief from the overseers of E.; and the pauper himself stated that his father's place of settlement was at E., as he had heard him say and believed to be true: Held, that such order was bad on an appeal stating, as one of the grounds, that the order was "bad and inoperative," and the examinations on which it waa made "defective and insufficient to ground and support the same." On an appeal against an order of justices, removing William Chappell from the township of Dodworth to the township of Ecclesall Bierlow, both in the West Riding of Yorkshire, the sessions confirmed the order, subject to the opinion of this Court on a case of which the following are the material facts. The only examinations whereon the order was made were those of the pauper's father and of the pauper himself, and were in the following words: " West Riding of Yorkshire (to wit) : the examination of William Chappell of Cawthorne in the said riding, mason, touching the place of his son's legal settlement, taken upon oath before us, two," &c. the 26th February, 1840; who saith as follows. " I am sixty-two years of age, and was born at Doncaster in the said riding; but the place of my father's settlement was at Ecclesall Bierlow in the said riding, as I have heard him say and believe to be true; and I have heard my father say tbat he has had relief from the overseers of Ecclesall Bierlow aforesaid : and I never did any act in my own right to gain a settlement. About thirty-eight years [608] ago I was married at Cawthorne Church to Martha Robson my now wife, by whom I have six children; and I have a son named William, aged thirty-two years, and who is now (b) On the question as to the admissibility of evidence of the custom, the following cases, besides those mentioned in the judgment, were referred to in argument; Blackett v. Royal Exchange Assurance Company, 2 C. & J. 244 ; S. C. 2 Tyrwh. 266; Parkinson v. Collier, 2 Park on Ins. 470 ; Rawson \. Walker, 1 Stark. N. P. C. 361; Foster v. Jolly, 1 C. M. & R. 703, S. C. 5 Tyrwh. 239; Mosdey v. Hanford, 10 B. & C. 729; Meres v. Ansett, 3 Wils. 275; Adams v. WordUy, 1 M. & W. 374, S. C. Tyrwh. & Gr. 620; Maget v. Atkinson, 2 M. & W. 440; Jones v. Littledale, 6 A. & E. 486; Paterson v. Gandasequi, 15 East, 62 ; 2 Phill. Ev. 767, &c. (8bh ed.). See Johnston v. Usborne, ante, p. 549. 11AD.&I.M9. THE QUEEN V. ECCLESALL BIERLOW 545 ill, and resides in Dodworth, but who never was an apprentice, nor did any act in his...
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