Waddington, Elliott, Wilcox, Webster, Sprague and Clarke against The Guardians of the Poor of the City of London Union
| Jurisdiction | England & Wales |
| Judgment Date | 26 May 1858 |
| Date | 26 May 1858 |
| Court | High Court |
English Reports Citation: 120 E.R. 546
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
Revered in Exchequer Chamber, El. Bl. & El. 391; 28 L. J. M. C. 121; 5 Jur. N. S. 242; 7 W. R. 93. Referred to, Hale v. City of London Union, 1859, 6 C. B. N. S. 877; Saul v. Wigan Sanitary Authority, 1886, 56 L. T. 440; Tynemouth Guardians v. Badsworth Overseers, 1888, 57 L. J. M. C. 55. Discussed, R. v. Leigh Rural Council, [1898] 1 Q. B. 836. Referred to, Attorney-General v. Merthyr Tydfil Union, [1900] Ch. 546; Cheney v. Tallowin, [1904] 2 K. B. 767; Croydon Corporation v. Croydon Rural Council, [1908] 2 Ch. 334.
waddington, elliott, wilcox, webster, sprague and clarke against thb guardians of the poor of the city of london union. Wednesday, May 26tb, 1858. The Union of L., formed under stat. 4 & 5 W. 4, o. 76, consisted of ninety eight parishes, and had a Board of Guardians annually elected. In February, 1857, large sums were owing to tradesmen for food &c., supplied to the poor of the Union, and which had been incurred principally in 1856, and partly in preceding years. The arrears were owing to embezzlements by M. and P. M. had been appointed by the Guardians collector for nine of the parishes; which appointment had been confirmed by the Poor Law Commissioners. P. was assistant clerk of the Guardians. The Guardians had ordered M. to pay the rates collected for the nine parishes to the treasurer of the Union. M. appropriated the greater part, and, in concert with P., made false entries in the Union ledger, representing the sums as having been all paid to the treasurer. The accounts made out from these entries were produced to the auditor and certified by him as correct. P. had appropriated cheques drawn in favour of tradesmen, which were entered as payments iti the accounts which were audited and passed as. EL. BL. a EL. 371. WADDINOTON V. GUARDIANS OF LONDON UNION 547 correct. The Guardians had also overdrawn the treasurer's account to a large amount accruing during several years before February 1857. The embezzlements by M. and P., and the consequent arrears to the tradesmen, were first discovered in December 1856. No call was after that made on the parishes until February 1857, when the then clerk of the Union, under article 81 of The Consolidated Order made 24th July 1847 by the Poor Law Commissioners, ascertained the coats to each parish for the maintenance of the poor, estimating as " extraordinary charges" for the ensuing half year the amount of the arrears to the tradesmen and the debt to the treasurer, and divided the whole among the different parishes: and the Guardians, under article 82, made orders, on 17th February 1857, on the overseers of the several parishes for payment. A parish, not being one of the nine for which M. collected, disputed the validity of the order. All previous calls had been paid.-Held (before stat. 22 & 23 Viet. c. 49) that the order was wholly bad, as being partly in the nature of a retrospective rate, though in fact there were items, besides those mentioned, free from objection.-The more so, as it appeared that there had been great changes in the occupation of rateable property in the parish.-By the Court of Exchequer Chamber, reversing the judgment of the Court of Queen's Bench. [Reversed in Exchequer Chamber, El. Bl. & El. 391 ; 28 L. J. M. C. 121; 5 Jur. N. S. 242; 7 W. R. 93. Referred to, Hale v. City of London Union, 1859, 6 C. B. N. S. 877; Saul v. Wigan Sanitary Authority, 1886, 56 L. T. 440; Tynetnouth Guardians v. Badsworth Overseers, 1888, 57 L. J. M. C. 55. Discussed, R. v. Leigh Rural Coimcil, [1898] 1 Q. B. 836. Referred to, Attorney-General v. Merthyr Tydfil Union, [1900] 1 Ch. 546 ; Cheney v. Tallawin, [1904] 2 K. B. 767 ; Oroydon Corpm-a-tion v. Croydmi Rural Council, [1908] 2 Ch. 334.] A case, of which the material parts were as follows, was stated for the opinion of this Court, by consent of parties, and by order of a Judge, pursuant to sect. 46 of The Common Law Procedure Act, 1852 (15 & 16 Viet. c. 76). [371] The plaintiffs, at the time of the making of the order hereinafter mentioned, were the churchwardens and overseers of the poor of the parish of Saint Stephen Coleman Street, in the City of London; which, together with ninety seven other parishes, during all the time hereinafter mentioned, was, and still is, comprised within the City of London Union; and which Union was formed in the year 1837, under the provisions of stat. 4 & 5 W. 4, c. 76 (The Poor Law Amendment Act), under which boards of guardians have been annually elected, and have entered into office for the said Union. Under and according to the provisions of the said Act, the Poor Law Commissioners for England and Wales, from time to time, made and issued divers rules, orders and regulations. It is agreed that, if either party should wish to refer to any order or orders of the Poor Law Commissioziers uot set out in the body of the present case, such party shall be at liberty to do so; and that, for this purpose, the orders shall be taken to be as set out in the book entitled "The Consolidated and other Orders of the Poor Law Commissioners and of the Poor Law Board " &c., by William Cunningham Glen, a copy of which accompanies this case, and which copy, so far as relates to the said rules, orders and regulations, is to be taken to form part of this case (a). (a) The references in the text are made to the 4th edition, London, 1859. The references in the case, as originally stated, were to an earlier edition. The orders not set out in the body of the case, but referred to in argument in the Courts of Queen's Bench and Exchequer Chamber, were the following. "The Consolidated Order," dated 24th July, 1847. Article 41 (p. 20). " At every ordinary meeting of the Guardians the business shall, as far as may be convenient, be conducted in the following order. "Firstly" &e. "Sixthly.-They shall examine the treasurer's account, and shall, when necessary, make orders on the overseers or other proper authorities of the several parishes in the Union, for providing such sums as may be lawfully required by the Guardians on account of the respective parishes." Article 50 (p. 29). "Every contract to be hereafter made by any Guardians shall 548 WADDINQTON V. GUARDIANS OF LONDON UNION EL. BL & EL 372. [372] By articles 81 and 82 of an order made by the said Commissioners as aforesaid, and dated 24th July 1847, [373] addressed to the City of London Union, and many other Unions, and commonly distinguished by the name of The Consolidated Order, it is provided and ordered as follows. Article 81 (page 44). "The clerk" (meaning the clerk to the Guardians, see Article 229) " shall, four weeks at least before the 25th day of March and the 29th day of September respectively in each year, refer to and ascertain the cost to each parish in the Union for the maintenance of the poor, and other separate charges, as well as for the common charges incurred in the half of the last year, corresponding to the half year next coming, and shall estimate and, as near as may be, divide amongst the parishes any extraordinary charges to which the Union may be liable in the coming half year, and he shall also estimate the probable balance due to or from the parish at the end of the current half year, and shall then prepare the orders on the several parishes for the sums which, upon such computation, it shall appear necessary for them to contribute to the expences of the Union for the coming half year; and the orders so prepared shall be laid before the Guardians for their consideration, three weeks at least before the expiration of the current half year." Article 82 (page 45). "The Guardians shall make orders on the overseers or other proper authorities of every parish of the Union, from time to time, for the payment to the [374] Guardians of all such sums as may be required by them for the relief of the poor of the parish, and for the contribution of the parish to the common fund of the Union, and for any other expences chargeable by the Guardians on the parish ; and in such orders the contributions shall be directed to be paid in one sum or by instalments, on days specified, as to the Guardians may seem fit." On tbe 17th of February 1857, a call or order was made according to form M. (page 180) in the said Consolidated Order, by the then Guardians of the poor of the said Union upon the then churchwardens and overseers of the poor of the said parish of St. Stephen Coleman Street, a copy whereof is as follows. contain a stipulation requiring the contractor to send in his bill or account of the sum due to him for goods or work, on or before some day to be named in the contract." P. 124. "Duties of the clerk. Art. 202.-Tbe following shall be the duties of tbe clerk: No. 1," &c. "No. 7. To ascertain, before every ordinary meeting of the Board, tbe balance due to or from the Union, in account with the treasurer, and to enter the same in the minute book." P. 133. "Duties of the treasurer of the Union. Art. 203.-The following shall be the duties of the treasurer of the Union:-No. 1," &c. "No. 3. To keep an account, under the proper dates, of all moneys received and paid by him as such treasurer, to balance the same at Lady Day and Michaelmas in every year, and to render an account of such moneys to the Guardians, when required by them to do so. No. 4. Whenever there are not funds belonging to the Guardians in his hands as treasurer of the Union, to report in writing the fact of such deficiency to the Commissioners." Article 220 (p. 171). "Every clerk receiving any cheque or money from the Guardians on account of any other party, shall transmit the same within fourteen days to the proper persons, and shall produce the receipt or acknowledgment for the same at the next ordinary meeting after the same has come to his bands." Form...
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