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Sheviock Parish Page
Settlement Papers for John and Joanna Trevithick,
dated 1842
(Document 1 - A pre-printed form with
hand-written insertions)
Cornwall to wit
The parish of Sheviock in the County of Cornwall
As to the removal of John Trevithick and Joanna his wife paupers
To the Churchwardens and Overseers of the Poor of the Parish of Stoke
Damerel in the County of Devon
Take Notice, that the above named John Trevithick and Joanna his wife
residing in this Parish have become chargeable to the said Parish of
Sheviock and that an Order of Justices has been obtained for
their removal to you said parish as their last place
of legal settlement, a copy of which Order, and also a copy of the
examination on which the same was made, are herewith sent.
And take Notice, that unless you appeal against the Order, and within
Twenty-one days from the date hereof, duly serve against such Appeal,
the said paupers will be removed to your said parish of Stoke
Damerel in pursuance of the said Order.
Dated this twenty ninth day of August One Thousand Eight
Hundred and forty two.
? ? Roberts ? ? Angear Churchwardens of the said parish of Sheviock.
Overseers of the Poor of the said Parish of Sheviock.
Cornwall to wit.
To the Churchwardens and Overseers of the Poor of the Parish of
Sheviock in the County of Cornwall and To the Churchwardens
and Overseers of the Poor of the Parish of Stoke Damerel in the
County of Devon.
Whereas Complaint has been made to us, two of her Majesty’s Justices of
the Peace in and for the County of Cornwall aforesaid (one
whereof being the Quorum) by the Churchwardens and Overseers of the Poor
of the said Parish of Sheviock. That John Trevithick and
Joanna his wife have lately come into the said Parish of Sheviock
endeavouring to settle there contrary to law. And it appeareth unto us
the said Justices, and we do adjudge that they are become
chargeable thereto, and upon examination of the premises, taken upon
Oath, and other circumstances, it further appears to us, and we do
likewise adjudge, that the Parish of Stoke Damerel aforesaid is
the last place of legal settlement of the said John Trevithick and
Joanna his wife. These are, therefore, in Her Majesty’s name, to
charge and command you the said Churchwardens and Overseers of the Poor
of the said Parish of Sheviock to remove and convey the said John
Trevithick and Joanna his wife from out of your said Parish of
Sheviock to the said Parish of Stoke Damerel and deliver them
unto the Churchwardens and Overseers of the Poor there, or to some one
of them, who are hereby required to receive and provide for them
according to law.
Given under under our Hands and Seals this twenty sixth Day of
August in the Year of our Lord One Thousand Eight Hundred and
forty two
(seal) James Worthy?
W H R C? Carew (seal)
(Document 2 - hand-written)
Cornwall (to wit)
At the General Quarter Sessions of the Peace of our Lady the Queen held
at Bodmin and for the same County the eighteenth day of October in the
sixth Year of the Reign of our Soverign Lady Victoria by the Grace of
God of the United Kingdom of Great Britain and Ireland Queen Defender of
the Faith and in the Year of our Lord 1842 between John King Lethbridge
John Hearle Tremayne Gordon William Francis Gregor John Salisbury
Trelawny Esquires and others their Companions Justices of our said Lady
the Queen aforsigned to keep the Peace in and for the said County and
also to hear and determine divers Felonies Trespasses and other
Misdemeanors committed within the said County
Upon the appeal of the Churchwardens and Overseers of the Poor of the
Parish of Stoke Damerel in the County of Devon from and against an order
bearing date the twenty sixth day of August last past under the hands
and seals of Thomas Hunt Ley Clerk and William Pole Carew Esquire two of
her Majesty’s Justices of the Peace of and for the said County of
Cornwall for the removal of John Trevithick and Joanna his wife from the
parish of Sheviock in the said County of Cornwall to the said parish of
Stoke Damerel and upon hearing what could be alleged. It is ordered by
this Court that the said appeal be continued over to the next Quarter
Sessions of the Peace to be holden in and for the said County of
Cornwall.
By the Court
Coode
Clerk of the Peace
(Document 3 - Handwritten - On the Reverse)
1843
Cornwall Epiphany Sessions
Stoke Damerel appellants and
Sheviock Respondents
Memorandum of consent on the part of the
Respondents to order being quashed.
(Document 3 - Handwritten)
1843 Cornwall Epiphany Sessions
The Churchwardens and Overseers of Stoke Damerel
Appellants and The Churchwardens of
Sheviock Respondents
In the matter of the removal of John Trevithick,
We the above named Respondents hereby
undertake and agree that at the next General Quarter Sessions of the
Peace for the said County of Cornwall upon motion being made on the part
of the above named Appelants to quash the order in this appeal we will
appear by Counsel and consent thereto.
Dated this (blank) day of December
1842
Churchwardens (No signatures)
Overseers (No signatures)
(Document 4 - handwritten and difficult to read)
(Page 1)
For the respondents
Appeal
Stoke Damerel Devon Appelant
Sheviock Respondent
This is a very hard case upon the respondent Parish who are quite aware
the Order of removal is grosly? Irregular and have been made? quite
ready the Order should be quashed but their expense for irregularity but
the respondent parish have required the order to be quashed generally so
that the pauper may be finally and absolutely settled in Sheviock –
Sheviock is most unwilling to be saddled with the pauper Trevithick not
only because Trevithick never gained any settlement in tah parish but
that it is obvious that according to the real? merits? the pauper
belongs to Stoke Damerel. However? the Order of removal and the
proceedings upon it were founded on mistake.
Trevithick in August last not having become chargeable but anxious to
know in case he should have to apply for relief to what parish he should
address himself made the enquiry of one of the Gentlemen of the Parish
Mr Roberts – (Mr Roberts not then a Magistrate) upon hearing his
statement expressed a belief he belonged to Stoke Damerel but he was not
very confident as to the Poor Law referred to his cousin Mr Coryton a
Magistrate who confirmed
(Page 2)
Mr Robert’s opinion but added that as Trevithick was then close to the
Union and the Board sitting attended by their their clerk or lawyer he
had better apply there – he did so – when he saw the relieving who to
qualify Trevithick for examination and? removal gave him relief -
Trevithick says he never applied for or wanted relief and except that
2/6 he never did nor does he now want relief – The examination was then
taken no parish officer of Sheviock being present or knowing anything of
it – The relieving officer says that understanding from Trevithick that
he came from Mr Roberts and knowing Mr Roberts was an Overseer of
Sheviock he thought he came from the Overseer – The Parish of Sheviock
have an assistant overseer who is young and inexperienced named Laundrey
who was not present at the examination but having received the
examination and order from Trevithick at once proceeded tho’
unauthorised to sign the names of the Overseers to the notice of
Trevithick having become chargeable
(Page 3)
served the papers on the assistant overseer of Stoke Damerel – Soon
afterwards upon Laundrey mentioning the subject casually to the
churchwarden Mr Lyne he told him he acted in error & advised he should
get back the papers – accordingly Laundrey in the month of last called
on who stated he had handed the papers to Mr Beer who was the attorney
for Stoke Damerel – Laundrey then went to Mr Beer who after looking for
the papers said they were mislaid - Laundrey therefore imagined the
whole matter had dropped - & the parish knew nothing of the whole matter
until they were served with the notice of appeal and that it had been ..pited
to the next Sessions – being then too late for a suppressed… they
applied to Mr Beer who said that on receiving £5 and a general consent
to quash the order (which would exclude from thereafter removing the
pauper to Stoke Damerel they would assent – Sheviock was willing to pay
£5 & consent to quash the order upon firm? – to this Mr Beer would? not
agree – It is hoped this order will be quashed for firm? only and that
the appellants
(Page 4)
who have not acted in very good faith will obtain very little if any
costs – The Order and the proceedings upon it were so defective that
Stoke Damerel their lawyer might reasonably have supposed there was some
mistake - ……… ……… might without any trouble have made the enquiry – but
in addition they had declined notice from Laundrey that they were
mistaken & misled him so as to get over the time for Sheviock to have
quashed their own order.
The first 5 objections to the order are clearly upon firm Mr Beer does
not deny it
6th objection – if it is presumed that tho if as stated Trevithick
‘occupied’ that does not … … convey that he ‘resided’- It is understood
and believed that Mr Justice Patterson decided it should distinctly
appear on the examination that the pauper resided – It is submitted
herein that occupation in some form – Trevithick will be in attendance
and he proposes to swear he ‘resided’ as well as ‘occupied’for the
twelvemonth.
(Page 5)
It has been suggested that the Sessions will not go into evidence
because the examination is bad on the face of it but if so surely it is
… … … but to say the case is disposed on its merits – Here is Trevithick
ready to give evidence not in contradiction or explanation but to give a
consistent addition to his evidence – Landrey is also in attendance
ready to swear as to what happened and the assistant overseer of Stoke
and Mr Beer –
In Archbolds Justice of the Peace & Parish Officer 2nd… 3rd Vol p 563 it
is laid down thus;
If untried the Sessions has decided that the examination was defective
upon an objection by
… … taken to it from this sessions quashed the order then as this … … be
a decision on a preliminary point……………………………………………………………………..
As to the last objection in the notice of appeal – it is not founded in
fact – for Trevithick has ever since his removal from Stoke resided in
Sheviock which is only 6 miles from Stoke.
(Document 5 - almost totally illegible)
(Document 6 - handwritten)
(Page 1)
Cornwall to wit
The examination of John Trevithick now residing in the Parish of
Sheviock labourer touching the place of his legal settlement taken on
oath this 26th day of August 1842 before us William Henry Pole Carew
Esquire and Thomas Hunt Ley Clerk Justice of the Peace for the County of
Cornwall who saith
I am sixty four years of age, I was born as I have heard and believe in
the Parish of Tywardreath where my father was settled. I continued to
live with my father in that Parish until I was about 24 years of age
during which time from a very early age I worked at Menabilly at weekly
wages. I received my wages once a month, At the age of 24 I went to
fowey with John Kimber? Esquire and agreed to serve him as a yearly
servant at the wages of eight guineas a year. I lived with him under
that agreement five years. I resided during that time in the Parish of
Fowey. I then removed to Devonport for eight months then to Plymouth for
five or six months. I then removed to Crafthole in the parish of
Sheviock to which place
(Page 2)
my father and family had come to reside I lived there about 4 (9?) years
with my father and earned my living by fishing, then I entered the Dock
Yard at Devonport, where I continued seven years as a storehouse
labourer, during which time I married my present wife Joanna then called
Joanna Bewes at the parish Church at Sheviock aforesaid and during this
time that is to say from 1810 to 1812 I rented part of a house being
number 49 in New Navy Row in the parish of Stoke Damerel of one Francis
Lanyon the part I occupied was two rooms on the ground floor and another
under.There was an outer door opening from the street into one of these
rooms which was my shop and I had the sole control of this door. I
agreed to pay £25 a year rent. I occupied these premises myself one year
and three quarters and paid the rent, I paid no rates or taxes, my
landlord lived in another part of the same house, I think the part of
the premises I occupied was of the same value as the rent I gave. I then
removed to another part of Stoke Damerel and continued to reside in that
parish until I left the Dock Yard. I then returned to Sheviock being in
the year 1814. I have continued to reside in that parish to the present
time. I have never rented any tenement in the Parish of Sheviock
(Page 3)
to the amount of or value of £10 a year and done any other than that as
aforesaid to gain settlement, I am now residing at Crafthole in the said
parish of Sheviock with my said wife and we are both chargeable thereto.
Jno Trevithick
Taken and sworn before Thomas Hunt W H Pole Carew
Cornwall to wit
The examination of Charles of Charles Chapell of the Parish of St John,
Relieving Officer,
Touching the place of settlement of John Trevithick taken on oath this
26th day of August 1842 before us the undersigned Justices of the Peace
for the said County, who saith
I am one of the Relieving officers of the St Germans Union – it is my
duty as such to relieve the paupers of the Parish of Sheviock which is
within the said Union. I know John Trevithick and his wife Joanna, they
are living at Crafthole in the parish of Sheviock and are now chargeable
to that Parish.I gave them two shillings relief this day.
Chas Chapell
Sworn before us James Hunt W H Pole Carew.
(Other illegible or irrelevant Documents)
(Document 7)
(On the Reverse)
Epiphany Sessions 1843 Stoke Damerel Appellants and Sheviock Respondents
Rec? with brief contribution? £3.3.0 Geo? John?
Order granted? Qunnlly? With … … costs £5 G D J
John Rodd
(Document 8 - handwritten)
Devonport 29 December 1842 Sir We beg to acknowledge the receipt of your
cheque for £5 but before we can place the money to the credit of the
transaction to whuch you allude we must receive a memorandum from the
Parish Officers setting out the terms of settlement. We take the liberty
to send you herewith such a memorandum as we shall require which when
signed and returned to us we will duly acknowledge with the money.
We remain Sir your obedt servants Beer & Rundle
The Rev W… Roberts.
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