16th March 1848 Notice of Appeal St Kew & St Breock (John Buscombe & family)

To the Churchwardens and Overseers of the Poor of the Parish of Saint Breock in the County of Cornwall This is to give Notice to you and every of you that We the Churchwardens and Overseers of the Poor of the Parish of Saint Kew in the County of Cornwall do intend at the next General Quarter Sessions of the Peace to be holden at Bodmin in and for the County of Cornwall aforesaid to prosecute and try an Appeal (entered at the last General Quarter Sessions of the Peace in and for the said County and continued to the then next General Quarter Sessions of the Peace for the same County) against an Order of William Molesworth Clerk and Charles Glynn Prideaux Brune Esquire two of Her Majesty’s Justices of the Peace in and for the said County and dated on or about the second day of October one thousand eight hundred and forty seven for and concerning the removal of John Buscombe Ann his Wife and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children from your said parish of Saint Breock to our said parish of Saint Kew. And the Grounds of our Appeal are – First. That the last legal settlement of the said John Buscombe Ann his Wife and their said six children any or either of them is not now, and ever was, in our said parish of Saint Kew. Second. That the said John Buscombe was not born in a House belonging to Mr Wilce at the Churchtown in our said parish as alleged in the examinations or one of them on which the said order of removal is made or at any other place in our said parish. Third. That the said John Buscombe was not bound an apprentice by Richard Grose and John Worden Churchwardens of our said parish of Saint Kew and Christopher Lean and John Webber Overseers of the Poor of the same parish to Samuel Worden of Lower Amble in our said parish of Saint Kew as alleged in the said examinations on which the said order of removal is made. Fourth. That the said John Buscombe was not relieved about 4 years ago whilst he was residing in the said parish of Saint Breock by Mr Richard Cleave the then Overseer of the Poor of the said parish of Saint Kew as stated in the said examinations on which the said order of removal was made. Fifth. That if any relief were given by the said Richard Cleave to the said John Buscombe as stated in his examination the same was given to him through mistake. Sixth. That the said order of removal and examinations are respectively bad on the faces thereof because it does not appear on the face of the said examinations or in the captions thereof or otherwise that the said Justices who made the said order had any jurisdiction for the making of the same or taking the said examinations inasmuch as it is not stated in the captions to the said Examinations that the parish of Saint Breock therein named is situate within the County of Cornwall and within the jurisdiction of the said Justices. Seventh. That the said Order of removal and Examinations are respectively bad on the face thereof, inasmuch as it appears in the captions to the said Examinations that the complaint therein set forth was made by the Churchwardens and Overseers of the Poor of the parish of Saint Breock to the said Justices but it does not appear in the Captions to the said Examinations and is not therein set forth that the said parish of Saint Breock is situate within the said County of Cornwall and within the Jurisdiction of the said Justices and it does not therefore appear in the captions to the said Examinations that the said Justices had any jurisdiction to receive the said complaint or to take the said examinations. Eighth. That the said Examinations on which the said order of removal was made are bad and defective in not setting out copies of the Probates of the Wills of Richard Worden and Samuel Worden produced respectively by William Williams on his Examination before the said Justices. Ninth. That you did not send to us by post or otherwise copies of all the Examinations and evidence on which the said Order of removal was made. Tenth. That you did not send to us by post or otherwise a copy of the Probate of the Will of one Richard Worden which Probate of Will is mentioned or referred to and set forth in one of the examinations on which the said Order of removal was made (to wit, the examination of the said William Williams) and which said Probate of the Will of the said Richard Worden appears in and by the same examination to have been produced by the said William Williams to and received in evidence by the said Justices who made the said Order of Removal at the time of the making thereof touching or in relation to the last legal settlement of the said John Buscombe Ann his Wife and their said six children. Eleventh. That you did not send to us by post or otherwise a copy of the Probate of the Will of the said Samuel Worden mentioned or referred to and set forth in the said examination of the said William Williams and which said Probate of the Will of the said Samuel Worden appears in and by the same Examination to have been produced by the said William Williams to and received in evidence by the said Justices who made the said order of removal at the time of the making thereof touching or in relation to the last legal settlement of the said John Buscombe Ann his Wife and their said six children. Twelfth. That in fact the Probate of the Will of the said Richard Worden was by the said William Williams produced to the said Justices who made the said Order of removal at the time of the making thereof and by them received in evidence touching the last legal settlement of the said John Buscombe Ann his Wife and their said six children but you did not send to us by post or otherwise a copy of the said Probate of the Will of the said Richard Worden. Thirteenth. That in fact the Probate of the Will of the said Samuel Worden was by the said William Williams produced to the said Justices who made the said Order of removal at the time of the making thereof and by them received in evidence touching the last legal settlement of the said John Buscombe Ann his Wife and their said six children but you did not send to us by post or otherwise a copy of the said Probate of the Will of the said Samuel Worden. And further take Notice that on the trial of the said appeal we intend to avail ourselves of all or either of the said Grounds and you are hereby required to produce to the Court at the hearing of the said Appeal the said original order of removal the examinations on which the same was founded and made and Notice of Chargeability accompanying the same. Witness our hands this sixteenth day of March 1848 (signed) Samuel Cleave } (signed) Nicholas Hawke } Churchwardens and Overseers of the Poor (signed) Richard Williams } of the said Parish of Saint Kew (signed) John Lean }

N.B. Entire document handwritten Source: LDS Film 1596549 images 275, 276 & 277; original document CRO Ref: DDP. 19/13/5/5

14th April 1848 Letter W. Shilson re costs (John Buscombe & family)

St Austell 14th April 1848 Dear Sir, St Kew & St Breock Mr Geach, one of the Overseers of the Poor of St Breock, has paid the sum of £30.4s the amt. Of Costs & Maintenance in the above appeal and I will forward to him a receipt for the same. Yrs truly W. Shilson Maintenance £25. 4. 0 Costs 5. - - £30. 4. 0

Ed Lyne Esq

(Endorsed on reverse) 14th April 1848 Buscombe family St Kew & St Breock Wm Shilson Esqr

N.B. Entire document handwritten Source: LDS Film 1596549 imaged 270 & 271; original document CRO Ref: DDP. 19/13/5/3

18th November 1848 Letter W. Shilson to John Geach (John Buscombe & family)

St Austell 18th Nov 1848 Sir, I send you a receipt for the amt. Of Costs and Maintenance (£30. 4. 0) in the appeal between St Kew & St Breock as requested and I am sorry that it had escaped my recollection. Yr Obedt servt W. Shilson Mr John Geach St Breock

(Endorsed on reverse) 18th November 1848 St Kew & St Breock Encl. Rect. for £30. 4. 0 Re Buscombe & family Wm Shilson Esqr

N.B. Entire document handwritten Source: LDS Film 1596549 images 272 & 273; original document CRO Ref: DDP. 19/13/5/4 14th April 1848 Removal Order to St Kew (John Buscombe/Boscumbe & family)

Cornwall } To the Churchwardens and Overseers of the Poor of the Parish of Saint Breock in the to wit } County of Cornwall, and to the Churchwardens and Overseers of the Poor of the Parish of Saint Kew in the County of Cornwall, and to each and every of them Whereas Complaint hath been made unto us William Molesworth Clerk and Charles Glynn Prideaux Brune Esquire whose names are hereunto set and seals affixed, being two of Her Majesty’s Justices of the Peace in and for the said County of Cornwall, and of the Division where the undermentioned John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, William, Elizabeth, Jane, John, Catherine and Susan their children are now inhabiting (one whereof is of the Quorum) at The Molesworth Arms in the parish of Saint Breock aforesaid on the fourteenth day of April one thousand eight hundred and forty eight, by the Churchwardens and Overseers of the Poor of the Parish of Saint Breock in the said County of Cornwall, that John Buscombe otherwise Boscumbe, Ann his wife, and their seven children namely Mary Ann now aged about fifteen years, William now aged about thirteen years, Elizabeth now aged about eleven years, Jane now aged about nine years, John now aged about seven years, Catherine now aged about five years, and Susan now aged about two years, have lately come to inhabit and are now inhabiting in the said parish of Saint Breock not having gained a legal settlement there, nor produced any Certificate acknowledging them to be settled elsewhere, that is to say, that the said John Buscombe otherwise Boscumbe and family are resident in the Union Workhouse of the Saint Columb Major Union in the said County in which Union the said parish of Saint Breock is situate and forms part, and that the said John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children are now actually chargeable to, and are now receiving relief from the said parish of Saint Breock, the said John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children, not having become chargeable in respect of relief made necessary by sickness or accident, and that the said John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children have not resided in the said parish of Saint Breock for five years next preceding the application now made for this order or warrant; We the said Justices upon due proof made thereof, as upon the examination of witnesses, to wit of the said John Buscombe otherwise Boscumbe, Ann Welch, William Williams, Richard Cleave, Richard Clogg, John Bayly and Samuel Cleave upon oath as otherwise, and upon due consideration had of the premises, do adjudge the same to be true, and we do likewise adjudge that the lawful settlement of the said John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children is in the said parish of Saint Kew. These are therefore to require you the said Churchwardens and Overseers of the Poor of the said parish of Saint Breock or some or one of you to convey the said John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children from and out of your said parish of Saint Breock to the said Parish of Saint Kew, and them to deliver to the Churchwardens and Overseers of the Poor there, or to some or one of them together with this our order or warrant, or a true copy thereof at the same time shewing to them the original; And we do hereby require you the said Churchwardens and Overseers of the Poor of the said parish of Saint Kew to receive and provide for them as Inhabitants of your said parish of Saint Kew according to the Statutes in that case made and provided. Given under our hands and seals at The Molesworth Arms in the parish of Saint Breock in the said County of Cornwall the fourteenth day of April In the year of our Lord one thousand eight hundred and forty eight. (signed) Wm Molesworth (LS) (signed) Charles G. Prideaux Brune (LS)

Notice

In the matter of John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children To the Churchwardens and Overseers of the Poor of the Parish of Saint Kew in the County of Cornwall We the Churchwardens and Overseers of the Poor of the Parish of Saint Breock in the County of Cornwall do hereby give you Notice that the above named John Buscombe otherwise Boscumbe, Ann his wife, and their six children namely Mary Ann now aged about fifteen years, Elizabeth now aged about eleven years, Jane now aged about nine years, John now aged about seven years, Catherine now aged about five years and Susan now aged about two years, have become chargeable to the parish of Saint Breock aforesaid, and that an order has been duly obtained for their removal to your said parish of Saint Kew as the place of their last legal settlement (a copy of which order and also copies of the examinations on which the same order was founded and made are herewith sent). And we do also hereby give you Notice that unless you appeal against the said order and within twenty one days from the date hereof duly serve notice of such Appeal, the said paupers will be removed to your said parish of Saint Kew in pursuance of the said order Dated this fourteenth day of April one thousand eight hundred and forty eight (signed) Hart Nickell } Churchwardens and (signed) Thomas Cleave } Overseers of the Poor (signed) John Geach } of the said Parish of (signed) Willm Magor } Saint Breock

(Endorsed on the reverse:-) Dated 19th October 1848 Delivered John Buscombe otherwise Boscumbe, Ann his wife, and Mary Ann, Elizabeth, Jane, John, Catherine and Susan their children to Thomas Webber Overseer of the parish of Saint Kew together with a true copy of this order on the day above mentioned (signed) John Geach

N.B. Entire document handwritten Source: LDS Film 1596549 images 133, 134 & 135; original document CRO Ref: DDP. 19/13/2/35

Transcribed by John Evans