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please. As witness my hand, the day of 18
Surveyor of that part of the
high road, in the parish of
M., which is presented. Notice to pre- I do hereby give you notice, not at any time herevent sporting. after to enter or come upon any part of the farms,
lands, woods, hereditaments, and premises, in my
the parish of in the county of, &c.
Notice of appeal against an order of removal.*
We, the churchwardens and overseers of the poor of the parish of, &c., do hereby give you, and each of you, notice, that we intend to commence and prosecute an appeal at the next general quarter sessions of the peace, to be held in and for the county of against an order of A. B. and C. D., Esquires, two of her Majesty's justices of the peace for the county of
aforesaid, touching the removal of, &c., [as in the order ;] and the grounds of such intended ap
9 An affidavit of the service of the notices should be prepared, to be sworn in court.
By the statute 4th and 5th William IV., c. 76, $ 81, the grounds of the appeal must be stated in the notice, or by a separate document, and no other grounds can be gone into. This notice must be signed by the majority of the churchwardens and overseers, and must be given fourteen days at least before the first day of the sessions. The parish giving the notice is not bound by it, if, before the fourteen days, another notice, stating the grounds upon which the parish intends to rely, be given. Rex v. Derbyshire, 6 Ad, and El. 612, n.
peal are, that, &c., [setting forth the grounds.] Dated, &c.
Overseers. To Mr A. B.
I do hereby give you notice, that under and by Notice of the virtue of a certain indenture, dated, &c., and made assignment of between, &c., in consideration of, &c., a certain a chose in acbond, dated, &c., under your hand and seal, &c., in, &c., with a condition, &c., (or other chose in action) was assigned to me, my executors, administrators, and assigns, and on which said bond there was then due to the said (obligee) the sum of, &c., with interest from, &c., and in which said indenture is contained a power of attorney, enabling me to enforce the payment of the said principal sum and interest to become due, for and in the name of him, the said, &c., but to and for my own use and benefit. Dated, &c.
THE 43d Elizabeth, c. 2, sec. 5, authorizes the churchwardens and overseers of any parish, with the leave of the lords of the manor, and upon an agreement with them in writing, according to an order of the justices of the quarter sessions, to build upon the waste lands in their parish convenient dwellings, for the habitation of the impotent poor, which houses were to be used for their habitation only.
The 9th George I., c. 7, sec. 4, empowered the churchwardens and overseers, with the consent of the vestry, to purchase or hire any house or houses in the same parish, for a cottage or cottages, but gave no directions how such property was to be held.
The 59th George III., c. 12, gave additional powers for the purchasing and building of cottages, and enacted, that the churchwardens and overseers should be a corporation to take and hold all buildings, lands, and hereditaments, purchased, hired, or taken, or used by them, for the purposes of that act, and also all other buildings, lands, and hereditaments belonging to such parish.
Section 9 of that act empowers the churchwardens and overseers of the poor, by the direction of the
vestry, and with the consent of two justices to sell and dispose of any cottages, or any other houses or tenements belonging to such parish. See also 1st and 2d George IV., c. 56.
All property held by trustees on behalf of the parish thus became vested in the churchwardens and overseers of the parish for the time being.
The 4th and 5th William IV., c. 76, sec. 21, enacts that all the houses given by any act relative to the acquiring, purchasing, hiring, holding, selling, exchanging, and disposing of cottages, shall be exercised by the persons authorized by law to exercise the same, under the control and subject to the rules, orders, and regulations of the poor-law commissioners.
The 5th and 6th William IV., c. 69, sec. 3, extended to copyhold lands by the 1st Victoria, c. 50, contains the following enactment, namely, “ That it shall be lawful for the guardians of any parish or union, and for the overseers of any parish, not under the management of a board of guardians, and for the guardians or trustees, guardian or trustee, of any dissolved union, or the person or persons who were the guardians or trustees, guardian or trustee, of any dissolved union at the time of its dissolution, or a majority of such guardians, trustees, or persons, if more than one, with the approbation and subject to the rules, orders, and regulations of the poor-law commissioners, to sell, exchange, let, or otherwise dispose of any workhouses, tenements, buildings, land, effects, or other property belonging to any such parish or union, or vested in trustees, or feoffees, in trust, for such parish or union, or for the parishioners, rate-payers, or inhabitants thereof, or which belong, or did belong, to any dissolved union, and every and any part of such property, and to convey, assign, or transfer the same accordingly to the purchasers or parties exchanging, as they shall direct; and in case of a sale to apply the produce arising therefrom (after deducting the reasonable expenses thereof) towards the purchase or building of any workhouse,
or as or in part of the proportion of such parish or union, towards the expense of any workhouse, erected, purchased, or provided on behalf of such parish or union, or as a loan to the board of guardians of such union, upon the security of the rates, for the purpose of erecting a workhouse, or in liquidation of any debt contracted by such parish or union, or dissolved union, or in such other manner for the permanent advantage of such parish or union, or dissolved union, as the said poor-law commissioners may approve; and in case of an exchange, the hereditaments to be taken in exchange shall be conveyed to the guardians of such parish or union, or the overseers of such parish, upon the same trusts, and the rents and profits thereof shall be applied to the same purposes as the hereditaments given in exchange were held, and the rents and profits thereof would have been applicable under the provisions of the law, or of this act, if the same hereditaments had not been exchanged." And by the same section, after giving certain powers to the poor-law commissioners as to the application of the rents of such property, it is provided, " That no such sale, or exchange, or letting of any workhouses, tenements, buildings, or land of any parish, shall take place, except with the consent of a majority of the rate-payers of such parish, and of the owners of property therein, entitled to vote, under and by virtue of the act passed in the fourth and fifth years of the reign of his present Majesty, intituled, An act for the amendment and better administration of the laws relating to the poor in England and Wales, assembled at a meeting, to be duly convened and held for the purpose, after public notice of the time, and place, and purpose, of holding such meeting shall have been given, in like manner as notices of vestry meetings are published and given, such majority to be ascertained in manner provided by the said act.”
The poor-law commissioners have settled the following course of proceeding, in selling parish property, namely, in the first instance, the parish