Saturday 06 Jul 1844 (p. 2, col. 8) MIDSUMMER QUARTER SESSIONS. ----- These Sessions were opened at the Court House, Carlisle, on Tuesday last, before E. W. HASELL, Esq., of Dalemain, the Chairman, and the following Bench of Magistrates:-W. WILDE, Esq., Carlisle; W. Ponsonby JOHNSON, Esq., of Walton House; T. S. SPEDDING, Esq., of Mirehouse; Joseph SALKELD, Esq., of Penrith; John HODGSON, Esq., of Penton; Joseph FERGUSON, Esq.. of Fisher Street, Carlisle; Wm. HODGSON, Esq., of Houghton House; J. K. WILSON, Esq., of Evening Hill; George SAUL, Esq., of Brunstock; George TROUTBECK, Esq., of Great Blencow; Rev. H. LOWTHER, of Distington; R. BRISCO, Esq., of Low Mill; Thos. SALKELD, Esq., of Holm Hill; Major MACLEAN, of Carlisle; W. N. HODGSON, Esq., of Carlisle; Hugh PATRICKSON, Esq., of Kirklinton Park; E. S. CURWEN, Esq., of Workington; Rev. Dr. JACKSON, of Lowther; John DIXON, Esq., of Knells; Thomas SCOTT, Esq., of Penrith; Thos. IRWIN, Esq., of Calder Abbey; Joseph RAILTON, Esq., of Snittlegarth; T. FEATHERSTONHAUGH, Esq., of The College, Kirkoswald; Joseph HARRIS, Esq., of Greysouthen; F. B. ATKINSON, Esq., of Rampsbeck Lodge; T. A. HOSKINS, Esq., of The High; E. STANGER, Esq., of Dovecote; Joseph GILBANKS, Esq., of Whitefield House; J. Pocklington SENHOUSE, Esq., of Nether Hall; H. HOWARD, Esq., of Greystoke Castle; A. HUDDLESTON, Esq., of Hutton John; Sir George MUSGRAVE, Bart., of Eden Hall; G. H. OLIPHANT, Esq., of Burgh. GEORGE TROUTBECK, Esq., of Great Blencow, took the oaths and qualified as a Magistrate. GRAND JURY. John RAMSHAY, Esq., of Naworth, Foreman. John BECK, London Road | James MORTON, Longburgh J. Wilson KAY, Abbey Street | Thos. NELSON, Lowther Street Richard HIND, St. Nicholas | Wm. SUTTON, Scotby Thomas LOWTHIAN, Newbiggin | Thos. DONALD, Linstock Wm. WILSON, Keld House | Jos. STORDY, Drawdykes John ROBINSON, Scalesceugh | John RICHARDSON, Wetheral John NICHOLSON, Holme End | Thos. MOSES, Brampton I. MILBURN, Wragmire House | Robt. BELL, Nook, Irthington Thomas WRIGHT, Harraby | Robt. JAMES, jun., Mire Side Wm. Hall ALLINSON, Lowther | John DODGSON, Beck Street | Robert WILKIN, Mossband John WRIGHT, Knockupworth | The CHAIRMAN, in charging the Grand Jury, said that although there appeared to be many cases in the calendar, the Court was happy to say there were none of a serious nature, and only such as they were in the habit of dealing with,-common larcenies and misdemeanours, and therefore it was unnecessary to address them at any length. He then pointed out the several classes of crime, and the kind of evidence required for establishing the charges. There were 25 prisoners in the calendar for trial. Of these 12 were marked as unable to read or write, 10 to read imperfectly, and three to read and write well. COUNSEL PRESENT.-Messrs. RAMSHAY, FAWCETT, GREIG, HOSKINS, BELL, and OLIPHANT. ----- APPEALS. WHITEHAVEN Rem. BOTCHERGATE Appel. Order quashed by consent, upon matter of form. ----- WHITEHAVEN Rem. ALL SAINTS, POPLAR, LONDON, Appel. Order quashed by consent, upon matter of form. ----- CROGLIN Rem. RENWICK Appel. Order confirmed. ----- CALDEWGATE Rem. OUSBY Appel. This was an appeal against the removal of John BELL and Mary BELL, his wife, and their four children. Mr. GREIG appeared for the removants, and Mr. RAMSHAY for the appellants. Mr. GREIG stated that the pauper was the natural son of a woman who was a settled inhabitant of the parish of Ousby; but at the time he was born she was living with her mother in Wigton-the overseers consenting that the child should be born there, on receiving a certificate from the overseers of the parish of Ousby to show that the child's settlement would be in Ousby. The certificate, which was dated in 1814, was produced and read; and Mr. GREIG stated that the pauper had been relieved for years, while he was living out of the parish. Mr. RAMSHAY objected to the admission of the certificate, as it had not been set forth in the formal objections stated in the notice of appeal. The Court over-ruled this objection, and Mr. GREIG then proceeded to call witnesses. Wm. BUTTERY, assistant overseer of Wigton, produced the certificate. I got it amongst other documents belonging to the parish of Wigton-in the parish chest. I knew the pauper's grandfather and grandmother, and gave them relief for many years on account of Ousby parish. John BELL (the pauper)-I and my family have received relief from Caldewgate township. My mother's name was Frances BELL. I am a married man, and have been since 1836; and have four children. At the time I first recollect I was living with my grandmother, Mary BELL, at Wigton; and lived with her till I was 12 years of age. I have not gained a settlement for myself. Mary BELL, grandmother of the pauper, said the pauper lived with her till he was 12 years old, and she received half-a-crown a-week for him from the parish of Ousby. The overseers continued to pay us 2s. 6d. a-week for our own maintenance after he left us-we continued to receive it for years. Thomas BELL-I live at Wigton. The pauper was with me for about four years as an apprentice. During the first two years he was with me I received money on his account from the overseers of Ousby-2s. a week for the first year, and 1s. 8d. the second year. The relief book of the parish of Ousby was put in, and extracts read from it, showing payments to the pauper, at the rate of 2s. 6d. a week, and the payment of 10s. as an apprentice fee for him. Mr. RAMSHAY replied for the appellants, contending that the certificate was of no value at all-it wanted the legal qualities of one. The statute of 8 and 9 of Wm. 3rd, required that the certificate should be under the hands and seals of the overseers, attested by two or more credible witnesses. In this certificate there is but one attesting witness-and that he contended was a fatal objection to the certificate. Chairman-The Act of Parliament must be complied with, and it has not been. Mr. RAMSHAY-Lord Ellenborough has laid it down that the requirements of the Act must be strictly and literally complied with. Mr. GREIG contended that the want of an attesting witness did not affect the validity of the document-it having the signatures of the overseers and magistrates. Besides, the certificate being upwards of 30 years old, it proved itself, and did not require the production of the attesting witnesses. Mr. RAMSHAY replied-It was ridiculous to say that the lapse of 30 years would cure an original defect,-make that legal which was not before legal. The Chairman held the same opinion. The 3rd of Geo. 2, the last Act upon the subject, also required two witnesses. Mr. GREIG, in answer to the Court, said there were no cases on the books which would get over the difficulty. The Bench unanimously decided that the certificate was bad in law. The question remained-Was the evidence of the relief given proof of the settlement per se? The Bench was of opinion that the relief had been given under the erroneous impression that the certificate was good; and unanimously agreed to quash the order. This decision will throw the pauper upon the parish of Wigton.

Many thanks Petra for another Sutton David Armstrong Maylands, Western Australia ----- Original Message ----- From: Petra Mitchinson To: Cumberland Mailing List ; Westmorland List Sent: Friday, January 31, 2014 1:38 AM Subject: [CUMB] Carlisle Journal, 06 Jul 1844 - Quarter Sessions - Appeals Saturday 06 Jul 1844 (p. 2, col. 8) MIDSUMMER QUARTER SESSIONS. ----- GRAND JURY. John RAMSHAY, Esq., of Naworth, Foreman. John BECK, London Road | James MORTON, Longburgh J. Wilson KAY, Abbey Street | Thos. NELSON, Lowther Street Richard HIND, St. Nicholas | Wm. SUTTON, Scotby Thomas LOWTHIAN, Newbiggin | Thos. DONALD, Linstock Wm. WILSON, Keld House | Jos. STORDY, Drawdykes John ROBINSON, Scalesceugh | John RICHARDSON, Wetheral John NICHOLSON, Holme End | Thos. MOSES, Brampton I. MILBURN, Wragmire House | Robt. BELL, Nook, Irthington Thomas WRIGHT, Harraby | Robt. JAMES, jun., Mire Side Wm. Hall ALLINSON, Lowther | John DODGSON, Beck Street | Robert WILKIN, Mossband John WRIGHT, Knockupworth | --- This email is free from viruses and malware because avast! Antivirus protection is active. http://www.avast.com