The Queen against the Justices of the West Riding of Yorkshire. Re Vincent a Lunatic
| Jurisdiction | England & Wales |
| Judgment Date | 10 June 1847 |
| Date | 10 June 1847 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 290
QUEENS BENCH
the qveen against the justices of the west riding of yorkshire. (re VINCENT, a Lunatic.) Thursday, June 10th, 1847. A mandamus commanded justices to hear an appeal against an order adjudging the settlement of a lunatic pauper to be in L., and ordering the overseers of L. to pay a sum of money so long as the lunatic should be confined in the county asylum under another order of the same date by the said justices. The return set out that the order " mentioned and referred to in the said writ" was made on the day of its date, and other facts relating to "the said order," as justifying the refusal to hear the appeal: Held, that it sufficiently appeared in the return that "the order" mentioned in the return was that against which the writ directed the justices to hear the appeal. The appeal against an order adjudging the settlement of a lunatic pauper under stat. 9 G. 4, c. 40, a. 38, is under sect. 54 of that Act, and not under sect. 60. But the provision of stat. 4 & 5 W. 4, c. 76, s. 79, that a pauper shall not be removed until twenty-one days after a copy or counterpart of the order hag been served on the parish to which the removal is directed to be made, is not incorporated in sect. 54, and is not applicable to the ease of lunatic paupers. Therefore the next practicable session to try an appeal against such order is that for which notice of appeal can be given, according to the ordinary practice of the sessions, irrespectively of stat. 4 & 5 W. 4, c. 76, s. 79. Mandamus. The writ, directed to the justices of the peace in and for the West Riding of Yorkshire, recited that at the General Quarter Sessions [764] holden by adjournment at Bradford, in and for the said riding, on the 1st July A.D. 1845, an appeal, theretofore entered by and on behalf of the churchwardens and overseers of the poor of the parish of Liverpool in the county of Lancaster, against an order under the hands and seals of Joseph Armitage and John Sutcliffe, Esquires, two of the said justices, and bearing date the 8th March a.d. 1845 :-whereby the last legal settlement of Mary Vincent, an insane pauper, was adjudged to be in the said parish, and the overseers of the poor of the said parish were ordered to pay to the treasurer for the time, from time to time being, of the lunatic asylum in and for the said riding, weekly and every week from the time of the said Mary V. being first placed in the said asylum by virtue of a warrant or order in that behalf under the hands and seals of the said J. Armitage and J. Sutcliffe, Esquires, so being such justices as aforesaid, and bearing date the said 8th March A.D. 1845, so long as the said Mary V. should continue in the said asylum by virtue of the said last mentioned warrant or order in that behalf, the sum of 5s. 6d. for the maintenance, care, &c. of the said Mary V., so long as that sum should continue to be the weekly sum fixed upon in that behalf by the visitors of the (b) Cited in note to Edwards v. Bunbury, 3 Q. B. 888, note (b). (a) Reported by H. Davison, Esq. 10 Q. B.T65. THE QUKEN V. THK JUSTICES OF THR WEST RIDING 291 said asylum; and such other weekly sum, after 5s. fid. should cease to be the sura so fixed, as should he from time to lime fixed upon in thab behalf by the visitors under the provisions of the statute in that ease, &c., or otherwise according to law:-came on to be heard ; and that the said justices before whom such sessions were holden were required on the part of the said overseers of Liverpool to hear and determine the merits of the said appeal, but refused, &c. [785] Return : "That the order under the hands and seals of Joseph Armitage and John Sutoliffe, Esquires, two of us the said keepers of the peace and justices aforesaid, which order ia mentioned and referred to in the said writ, was made by them the said J. A. and J. S. on the 8th day of March a.d. 1845, tbe day of the date of the same order; and that the Quarter Sessions mentioned in the writ were holden by adjournment from the holding of the same Quarter Sessions at Skipton, in and for the same riding, on the 30th of June 1845, which last mentioned day was...
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