The Queen against the Inhabitants of Casterton
| Jurisdiction | England & Wales |
| Judgment Date | 09 November 1844 |
| Date | 09 November 1844 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 189
QUEEN'S BENCH
S. C. D. & M. 266; 1 New Sess. Cas. 449; 14 L. J. M. C. 5; 8 Jur. 1093.
[507] the queen against the inhabitants of casterton. Saturday, November 9th, 1844. An order of sessions, confirming an order of removal, bad in the margin the words " Westmoreland (to wit)," and proceeded: " To the overseers of the poor of the township of K. and to the overseers of the poor of the township of C. in the said county. Whereas you, the overseers of K., have made complaint unto us whose names are hereunto set and seals affixed, being two of Her Majesty's justices of the peace and quorum in and for the said county," &c. The rest of the order was in the usual form, and did not further state the county 190 THE QUEEN V. CASTERTON 6 Q. B. M8. in and for which the justices acted. Held, that the jurisdiction sufficiently appeared by reference to the margin, which was part of the order for this purpose. An order of sessions on appeal against the above order, after setting forth the caption of the Quarter Sessions, proceeded : " At which said General Quarter Session," &e., "an appeal against a certain order," &c., "is depending for trial, which said order is " "as follows " (setting it out): "and whereas the overseers," &c. " of C. did prosecute and carry on the said appeal to trial against the said order to the present General Quarter Sessions of the Peace, and wherein this Court upon hearing of counsel on both sides ordered that tho said order be confirmed." Held, on certiorari and motion to quash, that the order of sessions sufficiently shewed an adjudication confirming the order of removal. [S. C. D. & M. 266; 1 New Sess. Cas. 449 ; 14 L. J. M. C. 5; 8 Jur. 1093.] Pashley, in last Trinity term, obtained a rule to shew cause why the following order of the Westmoreland Quarter Sessions (brought up by certiorari) should not be quashed for insufficiency. " Westmoreland (to wit). Be it remembered that, at the General Quarter Sessions," &c., "holden at Appleby, in and for the county of Westmoreland, on," &c., "before," &c., "that same session of the peace is adjourned," &c. (stating an adjournment to Kendal in the county aforesaid): "and, on," &c., "the same General Quarter Session of the Peace is holden by the adjournment aforesaid at Kendall aforesaid in and for the said county, before," &c.: " at which said General Quarter Session of the Peace, continued and holden," &c., on, &c., before, &c., " an appeal against a certain order, bearing date the 28th day of October a.d. 1843, under the hands and seals of John Wakefield Esq. and Eichard Fothergill Esq., is then and there depending for trial, which said order is...
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