The Sun.
London, England, 1834-01-28 00:00:00

KIRBY V. BANISTER AND OTHERS.

This was an action brought by the plaintiff for goods
supplied and money advanced to the defendants, as church-
wardens and overseers of the parish of Iver, and a verdict
was found for the plaintiff for 1151. A rule had been
obtained on a former day for a nonsuit on the part of
the defendant Chapman, or for a reduction of damages as
against him, on the ground that he was only an assistant
overs-er, and in that capacity not liable for the debts of
the parish.
This morning Mr. Sergeant ANDREWS showed cause
against the rule. It was in evidence that all the defen-
dants were present at various times when they promised
to pay the plaintiff's demand ; some of the orders for
goods were signed by Chapman, who was now called
vestry clerk as well as overseer, but in no order was the
title assistant overseer affixed. It was urged on the other
side that Chapman, being appointed assistant overseer un-
der the 59 Geo. 111. c. 12, and paid a salary as such, could
not be deemed a joint contractor ; but if that point were
relied on, his appointment as such should have been put
in and proved. On the contrary it was proved that the
order
ry and
nfthagowods were
halafiv e supplied
defendants, on theand etrheadriatfaad
renthbeyvtahrt.!
diet should stand.
Mr. PLATT followed on the same side, and stated this
to be a dishonest attempt on the part of the defendants to
resist the payment of money supplied by the plaintiff to
enable them to pay the weekly allowances of the poor.
Mr. THESSIGER, in support of the rule, said his notion
of the defence was very different from that of Mr. Platt ;
for here was a demand made for money and goods supplied
years en ar rast ago,ce bt
aa
prrnae npadany, ist w asthemselves.
character impossibleal.fe.o
art thesatran:d defendantsacsoayaaenar sa eeto
rn:
answer
levy
s
the defendant.
athapanpre
op.avoswtdniaest
appointment,
tahendaentetatnol,
hvea theeadna:nswedbeayrs:tlnhi.wea
rbhelofet
therefore
according
el plaintiff's toad'
wriffnt 'azss
perform
of
If he were to be held liable, the petitioner should have
as
't°toilh thee adilu
t7thytohs
eosfectti
dutiesohne
of the Act; that section provided for the appointment of
of overseer. which should be expres.sed in his warrant of
petitioner to show that it was stated in the war-
rant of appointment, that he was empowered to
sign orders for any goods, &c. The plaintiff
had not done so, nor bad he chosen to require the pro-
duction of the warrant, and therefore the defendant
Chapman was not liable as a joint contractor. The
learned counsel also submitted, on the authority of decided
case, that en overseer could not borrow money with
which to relieve the poor, and therefore the plaintiff could
not recover it.
Mr. Justice TAUNTON said if that were so, and the
overseers had no money in hand, the poor would be ie:t
to starve.
Mr. Justice LITTLEDALE said that if that position were
tenable, it would place the management of paupers in a
very crippled state.
Mr. THEssto Eft would not press the point unnecessarily,
but he submitted that it was the duty of the overseers
if they had not funds in hand, to levy a new rate, and not
to borrow money.
The COURT were of opinion that the defendants had
made themselves jointly liable, although Mr. Chapman
was rayed at times assistant overseer and vestry clerk.
It was not quite clear that the plaintiff knew Clitytuau to

be only an assistant overseer when he gave the credit.
The verdict of the Jury was therefore correct, and the
rule must be discharged.

KIRBY V. BASSETT.

This was a precisely similar case to the preceding, and
Mr. THESSIGER consented to the rule being discharged,
as the point was the same in both cases.

LITERATURE.

EDINBURGH CABINET LIBRARY,
No. XV. EDINBURGH, 1834.

'The subject of the present number is Persia,
whose history, past, and present, geographical
and other peculiarities, are treated in the same
pains-taking, luminous manner, as was percepti-
ble in the account of Arabia, published in a
former volume of the same miscellany. We
presume it is by the same author.