The Statesman.
London, England, 1823-08-06 00:00:00

Ex-PARTS CIJA3IDERS lx RE 431.013.1CR5.

. _
This was a petition to supersede a commission of batik-
r;t•tcy on the fallowing pounds.
llonNE stated that a commission had been taken out
atainst the bankrupt's estate by an attorney named Wood,
ft riding at IVolverhampton. The petitioning creditor's
flebt was insufficient to establish the commission, bein;
kss than and the amount was previously included in
the s.shellule of the bankrupt %then he was about to take
the benefit of the Insolvent Debtors' Act. The last exarni-
Eation of Ilse bankrupt in the Insolvent Debtors Court,
ssas postponed for some technical informality, and in the
;neon time the defendant took out his commission.
T:.e Vice-CetaNCIMLER granted an order for superseding
Cenimission.

KEN r sUNIMER ASSIZES.---NIAIDSTONE, MONDAY.

--...11M..•-
CIV I L SIDE.

WILLS T. OSBORNE.
. This wts an action on the Stith Cleo. 111., c. 107, to recover
from the defendant a penally of lOW., for supplying the poor
of the.parish of Sutton Valiance with provisions, whilst he
Eard the office of overseer.
Mr. GL RNLI' and Mr. ADOLPHUS conducted the plaintiff's
rose, and fir. MAR RTAT and Mr. CHITTY the defendant's.
It appeared that the defendant was appointed, in 182'i, by
an order of teary, to the office of assistant overseer of the
poor. at a :misty of 301. per annum. The controul and ma-
nscrement of the parish funds w,re vested in tie vestry and
the regular overseers, the defendant's being the hand to pay
money under their orders. Thu defendant kept a bunter's
shop at Sutton Valiance. and it was proved. that, daring the
lass year. several paupers applied to him for relief. With the
• santiuu of the vestry. different weekly slums were allowed for
the 4 maintenance ; but the defendant, instead of paying them
in money, obliged them to take the amount is goods for sale
in his shop. suck as butter, cheese. breed, fuel, &c. In one
instance. where a poor woman, in ill-health, required soma
mutton I.roth, end her husband was desirous of a few shillings
to buy the meat to make it, the defendant refused to give any
l'apisisey.'ebd insisted upon his taking goods. Since the tom-
s • ...cement of. this action this practice bad ceased, awl now the
paupers were paid in money. Under these eirettrustances. it
;tyre contended, that the case was within the terms and the
policy of WC salutary Statute above-mentioned.
Mr. AIARRVAT contended that the pl.fintif must be non-
-leaked, ard raised two points—first, that there was s variance
between the evidence and the declaration ; end second, that
„the defendant was not one of the class of persons enumerated
.iu the Stste'e, upon whom the penalty could attach. As to the
brat Objection, the declaration described the defendant as a
e haring the c r • trout. or ler, direction, and manteemea t
affairs of the poor of the parish. thehetbelag,that thecon-
ottigr.ilirectioil, and manage sent, was vested in the over-
t_ imersand vestry. Il e was merely an assistant overseer, Mad eonse-
,tioontly be wga 9,t properly described. Then, as to the second
is. iheriefendant being an assistant overseer, he was
I. sot within thi.penaltlei of the Act ; bat seppositm him to be
si;fhatie irati no iron( of h apperiatitmet by two Justices; ati re-
'spared by the 60th Up*: t 1.. *MA empowered the appoint-
- Saint of assistant ersinueiya and other "Irish °Meer.: Here
Ibe def.-040i was only appointed lay as order of vestry,. not
r-trattlithirkf byl two dualities. and that wirier 41st not Foist out
• the daft..r of his Mee. Ur ‘111.4 111. Riaekstone's Rep 'rt..
Hit.; sad Stanley r:Dedd ; 2 Dowding and Hyland's Term.
748.
11111 r. Ovaat la; in reply, was stopped'hy
DE Oaten Uaaulx. WI; tspress.d thellttort at

111•1•0‘

110