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RELATING TO

THE POOR LAWS, THE CRIMINAL LAW,

AND OTHER SUBJECTS

CHIEFLY CONNECTED WITH

The Duties and Office of Magistrates,

DECIDED PRINCIPALLY IN

THE COURT OF QUEEN'S BENCH AND THE COURT FOR
CROWN CASES RESERVED,

FROM

MICHAELMAS TERM 1856, TO TRINITY TERM 1857,

BOTH INCLUSIVE,

BY

HENRY JOHN HODGSON, Esq.,

COLLEY HARMAN SCOTLAND, Esq., WILLIAM MILLS, Esq.

AND

FRANCIS RUSSELL, Esq. BARRISTERS-AT-LAW.

FORMING PART III. OF

VOL. XXXV.

NEW SERIES, VOL. XXVI.

OF

THE LAW JOURNAL REPORTS.

LONDON:

Printed by James Holmes, 4, Took's Court, Chancery Lane.

PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.

MDCCCLVII.

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Pauper Lunatic-Whether Lunacy is Sickness within 9 & 10 Vict. c. 66. s. 4.Amendment, under 16 & 17 Vict. c. 97. s. 107.-Statement of Grounds of Adjudi

cation.

Where a statement of the grounds of adjudication required to be sent under the 16 & 17 Vict. c. 97. s. 107. omitted to give the description and address of all the guardians by whom it was signed,-Held, that this was such a defect as the Sessions had power to amend under the 11 & 12 Vict. c. 31. s. 4.

Quære-whether lunacy is included in the term "sickness" in the 9 & 10 Vict. c. 66. s. 4, so as to throw on the common fund of the union (under 16 & 17 Vict. c. 97. s. 102.) the expenses of a pauper lunatic removed to an asylum who ultimately proved to be curable.

This was an appeal against an order adjudicating the settlement of a pauper lunatic to be in the parish, township, or place of Sowerby, in the Halifax Union, in the county of York, and ordering the maintenance, &c. of the said pauper lunatic NEW SERIES, XXVI.-MAG. CAS.

to be paid by the guardians of the said Halifax Union to the guardians of the township of Manchester. The Quarter Sessions had quashed the order, subject to the opinion of this Court on the following

CASE.

T. Wood, the pauper lunatic, was, on the 20th day of September 1854, residing in and chargeable to the township of Manchester, and was on that day sent under an order of Justices from the said township to the county lunatic asylum at Prestwich, in the same county. He remained in the asylum until the 29th of December following, on which day he was discharged from the asylum. The order appealed against was made on the 6th of September 1855, and a copy of it, together with a notice of chargeability and a statement in writing of the grounds of the said order and the particulars of settlement, purporting, in the manner hereinafter set forth, to be under the hands of three of the guardians of the said Manchester Union, was sent by the said guardians to the guardians of the said Halifax Union. The case set forth the notice and statement, which was signed as follows:-" C. H. Rickards, Chairman, New Brown Street, Manchester, paperdealer; W. Horsfall; Francis Parnell,

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