The Queen against The Inhabitants of St. Thomas, New Sarum
| Jurisdiction | England & Wales |
| Judgment Date | 12 July 1848 |
| Date | 12 July 1848 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 787
QUEENS BENCH
the queen against the inhabitants of st. thomas, new saeum. [Wednesday, July I2th, 1848.] Where an examination, on which an order of removal is founded, shews no complaint, either in the body or by the caption, the order must be quashed on appeal, if the objection be properly taken. Although the order itself shew a complaint. On appeal against an order of two justices, removing Priscilla Robins and her four children from the parish of St. Thomas, in the borough of New Sarum, to the parish of Meleombe Regis, in Dorsetshire, the recorder quashed the order, subject to the opinion of this Court on a ease, which was stated substantially as follows. [56] The order of removal was m;ide upon the examination of Priscilla Robins alone, which was headed : "The examination of Priscilla Robins, at present residing in the parish of St. Thomas, widow, in the borough of New Sarum, touching the place of her legal settlement; taken on oath before us, two," &c. "acting in and for the said borough, of this 20th day of July, A.D. 1846 : who, upon her oath, saith," &c. The examination then set forth the facts relied upon as shewing a settlement in the appellant parish. It was signed by the pauper: the jurat was only: "Sworn before us, Wm. Brownjohn, E. C. P. Helsey." There was no other examination taken : nor was there any reference to any other. The order of removal was as follows. " Borough of New Sarum, to wit. To the overseers of the poor of," &c. (of St. Thomas, and of Meleombe Regis). "Whereas complaint hath been made utito us, whose names are hereunto set and seals affixed, being two of Her Majesty's justices of the peace, acting in and for the said borough of New Sarum," " by the overseers of the poor of the said parish of St. Thomas, that Priscilla Robins," &c. The order thea recited the complaint (on which nothing further turns), adjudged the settlement, and directed the removal. "Given under our hands and seals, the 27th day of July, a.d. 1846. Wm. Brownjohn (L.S.). E. C. P. Kelsey (L.S)." At the trial of the appeal, the appellants relied on the following (their third) ground of appeal. "That the examination, on which the said order is made, is bad, inasmuch as it did not appear by the said examination, or the caption thereof, that the examination was taken upon the complaint of the overseers of the poor, or of the churchwardens and overseers of the poor...
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