R. v. SEVERN Precinct of the Tower, it is a parish by reputation; and and ARNOLD. the cafe of Hilton v. Pawle (a) has been cited, in fa) Cro. Car. which it was holden, that a parith is within the meaning 92. of the 43. Eliz. c. 2. f. 1.: but although a place may be a parish by reputation, and although overfeers of the poor may be appointed for fuch place, yet an appointment of overfeers for fuch place will be bad, unlefs the place be therein exprefly called a parish. In the prefent cafe the defcription of the place is, "Precinct within the Tower;" for the words, 66 Parish of St. Peter's ad Vincula within his Majefly's Tower of London," are under an "ether wife called;" and the rule in fuch cafes is, that the name or defcription which precedes an "otherwife called," is always to be con fidered as the true name or defcription, and not the name or defcription which follows. In an anonymous cafe, 3. Buift. 296. it is faid, that the whole Court was clearly of opinion, that the true name of a man is that 3. Inft. 669. Crs. Eliz. 583. which does precede analias dictus; and an indictment was a.HaleP.C.5o. in that cafe quafhed, because the addition of the perfon 2. Hawk. *. C. indicted followed the alias dictus. It has been faid, that 38. Stanford's Pleas of the 2. Hale P. C. To obtain a mandamus for the exp fly be 1. Med. 78. not although the place of which the defendants were ap pointed overfeers be not a parish, the Court may intend that it is a township or vill, within the meaning of the 13. & 14. Car. 2. c. 12. But as it is not exprefly called a township or vill in the appointment, the Court ought to intend that it is a townthip or vill, in order to make an appointment good which is not warranted by that ftatute. And the rule for quathing the appointment was accordingly made abfolute. 45. Rex v. Juftices of Bedfordshire, Eafter, 22. Geo. 3. Caldecht, 167. on a rule to fhew caufe why a mandamus appointment of fhould not iffe, directed to the juftices of the county of overheers,it must Bedford, to appoint an overfeer of the poor for the vill of Chicklands in that county.-The facts upon the affidavit fworn, that the in fupport of the rule were, that the vill of Chickfands place in queftion is, or is reputed confifted of a capital manfion-houfe, called THE PRIORY, tole, a vILL. and a large farin-houfe thereto belonging, of the yearly value of 2001. in the occupation of Sir George Gfborn, baronet; and alfo of three other large farm-honfes, with three other farms, all together of the farther yearly value of gool. that about forty years ago there was another farm houfe and farm in the faid vill, but that the houfe is now pulled down, and the farm occupied by Sir George 1. 5.. Com.114. Ofvorn that in the faid vill there was alfo a water-mill, now pulled down that there is a chapel in the vill for the celebration of divine fervice: that there immemorially has been, and now is, a conflable appointed in and 2. Silk. 480. 3. 5. ik. 99. 2. Stra. IC04. 10-1. Burr. S. C. 35. jor TICES of BENFORDE SHIRE for the faid vill: and that there are within it four R. v. Jusfubftantial householders, but no churchwarden or overfeer. These facts were fworn to by Jofeph Cooper, who had about forty years before rented the farin-houfe, now pulled down, together with the farm now in the occupation of Sir George Ofoorn.-Against the rule, it was fworn by James Bevan, one of the then tenants of Sir George Oborn, that he had lived in Chickfands thirty-eight years, and that it all belonged to Sir George that he never knew any conftable, headborough, tithingman, or other peace-officer appointed or fworn in there, or any poorrates therein; and that it is and ever had been extraparochial. Thefe facts were alfo fworn to by John Blackford, who became fteward to Sir George Ofborn's father fortyfeven years before, and then lived in Chickfands; and by Richard Gresham, then a tenant in Chickfands, and alfo for the last eleven years fteward to Sir George Ofborn: and they farther fwore, that the one formerly, as fervant to Sir Danvers the father of Sir George Oborn, always used to execute, and that the other, as fervant to Sir George Oborn, now does execute, the precepts ifued by the chief conftable of the hundred of Clifton, in which Chickfands is fituated. And it was alfo fworn by Sir George Oborn, that he had been fince 1753 owner of Chicklands that by reputation it was formerly a monaftery (a), and came to the crown at the (a) 2. Duzd. time of the diffolution of monafteries: that it never was re- Monaf 794. puted a vill: that it was always deemed extra-parochial: Doomiday Book, that the chapel is a private chapel in his manfion-houfe, Tanner's not under the jurifdiction of the bithop, and not having Notitia Monast. any burial-place or chapel-wardens: that the perfon of- Caldecot, 170. ficiating therein is nominated by the owner of the ftate, upon whofe pleafure his ftipend is dependant, and at whofe pleature the chapel is aifo at up: that fervice is never performed there when the owner and his family are abfent; and that the chapel had been changed from one room to another by Sir George's father. It was argued by Mr. Wallace against the rule, and by Mr. Cowper for it.-LORD MANSFIELD. To fupport this application, it is neceifary that the place houl be a vill; but you have not laid that it was ever fo reputed, or even that you believe it to be one; and Sir George Ofborn's affidavit 'fays, it never was fo reputed. You next deceive the Court by a falfe fuggeftion, that there is a conitable, and that a conftable has immemorially been appointed. It is not true; and the argument is only, that one ought to be appointed. Next, as to the chapel, it is only a private chamber in the houfe; fometimes one and fometimes another, as 218. Burr. S. C. 38. CES of BED- R. v. JUST fuits the conveniency of the family; ufed for religious purpofes when they are in the country, and when they iemove from it, fhut up, or ufed indiferently with the other parts of the houfe. Is it poffible that this can be the chapel of a vill-BULLER, Juftice. The Court muft have probable ground laid before them to thew that the place is a vill, or they will not interpofe: and it is (a) Deminus laid down in Strange (a), that it is a good return to a Xx. Huhabi- mandamus, that a place is not, nor ever was, reputed to a vill.-WILLES and ASHHURST, Juftices, concursinghamhite, ring, rule difcharged with cofts. Tants of Wel beck in Not be M. 14. Gco. 2. 2. 58. 1143. Ante, pl. 43. The fites and leges, and inns of court, are and for fuch 46. Rex v. Juftices of Peterborough, Hil. 23. Geo. 3. arces of antient Cald. 238. On a rule for a mandamus to appoint overcathedrals, col- feers of the poor for THE MINSTER in Peterborough, it appeared on the affidavits in fupport of the rule, that extra-parochial; within or clofe adjoining to the city or town of Peterborough is a certain place called Peterborough Minfter: plars not being that it has always been extraparochial, and always had Irally on by number of poor belonging thereto: that fuch poor had till the 7th of May laft been always maintained, as the everteers cannot poor belonging to fuch extraparochial place, by the appointed. directions of the dean and chapter of the faid place i, either a called THE MINSTER, and out of fome fund belonging to them that on the 9th of May laft, the chapter clerk of the faid dean and chapter being applied to to receive Efther Ker, widow, a pauper belonging to the faid extraparochial place, and who had come by pafs to the parith of St. John the Baptift within the faid city or town, and clofe adjoining to the faid Minfier, as a rogue and vagabond, declared, that the faid dean and chapter had already fo many poorthat they did not know how to maintain them; and that, though this pauper did belong to THE MINSTER, he thould not take her in, as there were no officers appointed within THE MINSTER to whom any order of re otal could be directed; and that he meant to avail himfelf of fuch want of appointment: that, upon a ftatement of there facis, application was alfo made to the defendants and to two other juftices of the peace for the liberty of the foke, all of whom refided within the faid extraparochial place called the cathedral of Peterborough, or Minster, to appoint an officer for the fame, and to grant their order of removal directed accordingly that the faid juilices refuted fo to do, no officer having at any time before been appointed for fuch place; though it was. fworn they believed, that the pauper of right belonged thereto; that the faid extraparochial place con ge TICES of tains upwards of forty-fix acres of ground, known by R. . Jus feveral diftinct names, viz. the Minfler-Clofe, the Minfier-Square, the Vineyard, &c. and, together with the bishop's and fix prebendal houfes, twenty-five dwelling-houfes at least, exclufive of poor-houses; and that thefe houfes are inhabited, except in the inftance of the bishop and three of the prebendal houses, altogether by laymen or by ftrangers to the cathedral, and thofe nerally perfons of fortune: that the faid twenty-five dwelling-houfes contain upwards of 124 perfons: that there are alfo in the faid extraparochial place several poor-houses, containing a number of poor, who have by birth, marriage, or fervitude, acquired a fettlement therein; and who from fome fund belonging to the dean and chapter receive as a maintenance the fum of two fhillings or eighteenpence by the hands of the chapter clerk, together with their divifion of the facramentmoney, amounting to fixpence per week over and above the aforefaid payment: that there is alfo in the faid Minfter a grammar fchool, with an annual endowment for the fupport of the mafter, payable out of fome fund belonging to the dean and chapter, by whom the faid mafter is appointed: that within the faid Minfter there is a place for the performance of divine worship, and for the burial of the dead; and that it appears from the regifter there kept for the purpose, and which is diftinct and feparate from that of the parish-church of St. John the Baptift, that from the year 1756 to the end of the year 1781, there have been 42 marriages and 48 baptifms, and from the year 1757 to the end of the year 1781, 58 burials had therein: that the land and buildings fituate within the faid Minfter, from a valuation taken thereof, are of the annual amount of 400l. at least: that the arrears of intereft due upon the fum of 2001. lodged in the hands of one of the deponents in fupport of this rule in the character of truftee, and which had devolved upon three poor girls who had become chargeable to the faid extraparochial place, were demanded of him by the chapter clerk of the faid cathedral or Minster, and by him paid accordingly, and a receipt given as follows: "RECEIVED 6th November 1782, of Roger Parker, Efq. the fum of 21. 3s. 8d. the balance of "his account with Jeremiah Stamford, for interest money in full to the 11th day of September last, and "to be by me applied towards the maintenance of the three "children of the faid Jeremiah Stamford, who have become chargeable to the dean and chapter of Peterbo"rough.-Nathaniel Hudfon, Chapter Clerk."-That 46 66 TICES of BOROUGH. R. v. Jus in the memory of another of thefe deponents, who was 85 years of age, there had been feveral other poor-houfes inhabited within the faid extraparochial place, but that fome of them were fallen down, and that others had been taken down by order of the dean and chapter, to prevent their being inhabited.Against the rule it was fworn by the defendants, doctor Tarrant and doctor Browne, the dean, and one of the prebendaries of the cathedral church of Peterborough, that the precinct or clofe of the cathedral church of Peterborough, defcribed in the affidavit in fupport of the rule by the name of THE MINSTER, is extraparochial; and is not a township or vill, or was ever fo reputed: that there have been poor perfons many years refident within the faid precinct, and that within their precincts the dean and chapter are by their ftatutes required to diftribute in charity the fum of 201. annually that it appears by a register book kept for that purpofe, that till the year 1737, the aforefaid fum, and no more, had been annually fo applied from the chapter fund; and that this fum, together with the facrament-money, had been fufficient for the fupport of the poor then belonging to or inhabiting the faid precinct : that it appears from the fame book, that in the year 1737, this fun proving infufficient, a farther fum was expended for their relief; and that fince that period, the expence of maintaining the poor belonging to the faid precinct has in fome years amounted to upwards of Sol.; but that the dean and chapter have, although without any other appropriated fund, defrayed the whole expence that this burthen has tended to the diminution of the revenue allotted for the ftipends of the feveral officers of the faid cathedral, the repairs of the fabric, and other contingent expences: that the land and buildings within the faid precinct, exclufive of the bishop's palace and other official houses, belong partly to the bishop, and partly to the dean and chapter; and are all (except two houfes which are the property of private perfons) occupied by their refpective leffees that there never was any conftable or other civil officer appointed or chofen for the faid precinct or clofe, or any overfeer of the poor or churchwarden; nor have the inhabitants ever contributed to the relief of the poor within the precinct, or been called upon fo to do that, upon the application made to thefe deponents to appoint an overfeer of the poor for the precinct of the cathedral church of Peterborough, and to grant an order of removal, &c. as there appeared no trace or veftige of any fuch office in any of the writings or regifters belonging to the faid church, and |