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or wo>ild not answer if. If i« enough in flip first instance.

sessions have dour right.—Motion detiicd. C tldecoff Cares,'.

So in the K. v. llcdsor, Mrc. 'Jl Oro. 3, two justices

moved Elizabeth Wooldridge, wife of J uhn lS'ootdridge,i.nAi

three children from (lie hamlet of C//>>oh and Signet, to tht

risli of fledsor. The sessions on app.-al conlirnuHl the order

stated, That on appeal, the appellants proved that the pan pet

burn at Off comb in Devonshire. The respondents then pre

that she was the wife of the sai.l John H'ooldridge; but no f

■whatsoever was given by ihem of (lie husband's settlement

support of these orders, it was contended, that the appel

had made no rase, a married woman having no settlemen

her own, but her husband's: (hut the adjudication that si

settled in Hedsor,\s consequently in effect an adjudication

Hedsor was 'he place of her husband's settlement ; and

presumption cannot be done away merely by shewing the ]

of the wife's maiden settlement ; it can only, by shewing a

tlement of the husband in another place: tiiat it was imma

upon the order of the proceeding, that no proof had been i

on the part of the respondents: (hat thev need not prove

thing; that every thing they rely upon must bu presumed

the contrary is shewn; as it was incumbent upon the a

lants who begin, to impeach the judgment.—But by lord if

Jield (stoppingthe other side). There is nothing at all in

case. The sessions have found the settlement of the wife,

it did not appear that the hrsband had any.— Buller J.

the fact is contrary to tho or.ler.—WHlts, J. (Askhurst J

ing absent) concurrin?, the rule was made absolute, and

orders quashed. CaldecoVs Cases, 371.

And the settlement of a widow, which she has gained i own right, cannot be changed by evidence that she was; wards married to a man, who in his lifetime told her that h born in a particular county; for it is incumbent on the p ■where she is proved to have acquired a settlement,to shew a sequent derivative settlement.—Thus in the K. v. llettxim Tr. 22 Geo. 3, a woman and her child were removed t order of two justices to Hensingham; it appeared thai the death of her first husband, she had acquired a so.ttlenv the township of Hensingham, by being hind for, and ser year in that place*, (li.it she afterwards married a secant band, who in his life time (old her (hat he was born in rhire, but where his settlement was, he knew no(; that sh by this husband a son, the other pauper lawfully born in? haven. It appearing to the sessions, that the place of he husband's settlement teas not knotcn, and that the pttupt gained a settlement in Hensingham kij a year's service. quent to the death of her first husband ; I key therefore cu I'd the order of removal — In support of (he order, it was ed that the pauper having gained a settlement in her own at Hensingham, it became incumbent on thcpaii.^h to

* Sec this case in p. D8 ante.

mic derivative or subsequent settlement.—To quash the orders, it was insisted, that it ought to have been proved, that due lilijtnce bad been used by the parish of If'hifehaven, to disorerthe settlement of her husband; that at least after what h? husband had related of his birth in Yorkshire, some cnjuirv ought to have been made (.here, and that otherwise there :ould not correctly be an adjudication that this was the place of tier last lcjal settlement. — But by lord Man<Jield. Nobody has 'oiiud a later. Born in Yorkshire, affords about as much of certainty, as bornin England. His nota description sufficiently precise to furnish a clue tor investigation. If the husband's ':ttUment does not appear, it is th' same thing ft? if he hud *«t; and then this is the zsomau's settlement: if it is the party thatiN.'ges she has another settlement they must shew where it & T.ies«iions have done right. A case was made to charge the [ariih of lUnsingham,and they have not discharged themselves; which if they could, upon proof of the first settlement, they ought to hare done. — If'illes, Ashhurst, and Bitller, Jusliccs, coiwirrinj, rule discharged, and both orders affirmed. CaldecoCs Cases, "iOH.

VI. Settlement by notice and forty days residence.

Br 1J 4" 14 Car. 2. c. 12, < it shall be lawful, upon com'[shunt made by the church-wardens and overseers of any parish, 'to any justice of peace, within forty days after any person 4 stall come and settle in any tenement under the yearly value 'of tn pounds, for any two justices (1 Qu.) of the division *_^pe»ay person, likely to be chargeable to the parishj shall 'aw to inhabit, by their warrant to remove such person to parish where he was last legally settled, either as a householder, sojourner, apprentice, or servant, for the of furry days at tha least, unless he give sufficient scfor the discharge of the said parish, to be allowed by justices.' s. 1.

1 Jac. 2, c. 17, 'the forty days continuance of such n a parish, intended by the said act to make a settlc, shall be accounted from the time of his delivery of no'.tbpa writing, of the house of his abode, and the numbar of 'Lis family if he have any, to one of the church-wardeus or 'orervers of the parish to which he shall remove.'^ *. 3. Awl by 3 \y'il. $ Mar. c. It, 'the forty days continuance of such person in a parish or town, intended by the said acts 'tonake a settlement, shall be accounted from the publica* tion of a notice in writing, which he shall deliver, of the house of kisabode, and the number of his family, if he have any, to 'churchwarden or overseer, which said notice in writing ail church-warden or overseer is to read, or cause to v, immediately after divine service in the church of the said parish or town, on the next Lord's day, be divine service in the same; and the said is to register or cause to be re* gislered, the said notice in writing, in the book kept for 'poor's accounts.' s. 3.

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'And if any churchwarden or overseer shall refuse or ,* gleet to read, or cause to bo read, such notice in writing 'aforesaid, in such manner, place, and time as aforesaid, 'shall forfeit for CTcry such offence (upon proof thereof

* two witnesses upon oath before one ju>tuc)/or/y shilling; f the party grieved, to be levied by distress aud sale, by v

* rant directed to the constable of the parish or town wl 'such offender dwells, and for want of such sufficient

'tress, the said justice shall commit him to the common

* for one month: And if any churchwarden or overseer s 'refuse or neglect to register, or cause to be registered,

/notice in writing as aforesaid, he, upon the like con vie I

'shall forfeit forty shillings to the use of the poor of

'parish or town where such offender dwells, to be levi<

'aforesaid: and for want of such sufficient distress, thei

'said justice shall commit him as aforesaid, for the time a

'said.' *. 5.

Persons that 'But if any person who shall come to inhabit in any

need not deli- « or parish, shall for himself, and on his own account, ex

vci notice. c any pUD|ic annual office or charge in the said town x>r {

* during one whole year, or shall be charged with and p: 'share towards the public taxes or levies, then he sha 'deemed to have a legal settlement in the same, though Do

* notice in writing be delivered ami published as above.'

* Also, if any unmarried person, uot having child or chi 'shall be lawfully hired into any parr-h or town for one '(and shall continue and abide in the same service durii

* apace of one whole year, S Sr 9 Will. 3, c. 30) such s 'shall be deemed a good settlement therein, though no 'notice in writing be delivered and published as above.

'And if any person shall be bound an apprentice by i 'ture, and inhabit in any town or parish, such hiudii 'inhabitation shall be adjudged a good settlement, thou 'such notice in writing be delivered and published as « said.' s. 8.

'Any person aggrieved by the determination of the j .'as above, may appeal to the next general quarter sc 'where the matter shall he 6nally determined.' 13 <$- 14 , c. 12. s. 2. 3 Wil. # Mar. c. 11. s. 9.

'But no soldier, seaman, shipwright, or other artifi

ma'dd'"0"* •* work-man, employed in their majesties service, shall b*

notice. 'settlement in any parish, port-town, or other town, by d

'and publication of a notice in writing, unless the same tj

'dismission out of their service*. 3 Wil. & Mar. «j».ll

* But this clause doth not prevent the persons therein nam gaining a settlement by any of the other means permitted statute 1 a» by paying towards the public rates, and the like.— case of the K. v. St. Mary, fVhitcchapel, under the head Sr by paying public taxes, infra.

'And Do member of any benefit society, 'who shall resid? in :idj parish or place, under a certificate from the said society, 'stall have, or be deemed to have acquired any settlement 'thereby delirery and publication of any notice in writing, 'unless the same shall be made after he shall cease to be a menu 'ber of sach society, and after the revocation of his said cer'ofaate.' 33 Geo. J.c. 51. *

And finally, by the stat. 35 Geo. 3, c. 101, 'it is enacted No statement 'that no persoD coming into any parish, township, or place, '" ,ir g"',le<ll)y •shall, from aod after 22t/ June 1795, be enabled to gain any"0 lce" 'lettkajent therein, by delivery and publication of any notice 'ia writing.' $. 3.

A person coming into a parish to reside upon his own estate, i' out within the act, and consequently cannot be removed; for, Of Bolt Ch. J. in Rislip v. Harrow, Uil. 8 IVil. 3, a (wrstra having land in a parish will not enable him to give no. tieetor the purpose of gaining a settlement; but if a person In is a parish where he hat land, he may thereby gain a idtkstrdzitkout notice; for the act of parliament never msntto banish men from the enjoyment of their own lands. Salt. 52/.

And in general a residence in any place for 40 days, being irremzeabk from thence, gains a settlement. Burrow's Set. Ou. i. 125.

And (he notice for the purpose of gaining a settlement must what iliall he bein writing pursuant to the statute.—Thus in the K. v. Tal- deemed asuffl

8 WU. 3, a person exercised the trade of a black-cient notice> sswli, was publicly employed by the parishioners, by the tafflf of the lord of the manor, the vicar and the justice. The qoaoaiwgs, Whether this public way of living was not tan. UMMtto notice in writing, which was only intended to prec entries and living.—By The Court. This taken by the parish, might have perhaps satis, of 1 Jac. 2, c. 17 ; but there being doubts couthe notice prescribed by that act, the statute of the , WUl.Sc Mar. c. 11. was made to explain it; and this Ijte statute hath particularized the notice, aud what shall be tffltaaonnt to it, and what nnt: but this is not among the i wicuJars of that statute. Foley, 123- Carthe-x, 360. 2 Sulk.

i%»thei. v. Cherlsey, Midi Will. 3, exception was '^fflto an order of sessions, that the only ground of settleof the pauper appears upon the order to have been, that ^'buns of matrimony of a poor person were published in parish church; and the notice given to the parish must M' only be in writing, but' the other ceremonies required by ZlViU.Sf Mar. c. 11, must be observed, and that explanatory act, cannot be taksn in equity.—By Tub Let the order be quasiied. 6 Mod. R'p. 454.

T. Abbot's Langley, Uil. 2 Geo. 2, the pauper

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kept a public alehouse in the parish for upwards of six 2 thirty years, which was publicly known to and frequented the officers of (he parish. During his residence in this ho the churchwardens and overs; ers distributed to him, amc other parishioners, certain yearly gifts given annually to paishioners. He had also five child i en born in this house,; christened by the minister of the parish; he was placed bychurchwardens in a seat in the parish church as one of parishioners, performed wiitch and and ward,served as a ji man in several court leets, did his duty on the highways paid the surveyor to be excused. The question was. Who these facts wore tantamount to notice in writing.—By Court. The facts as stated in this case are extremely str< The seating him in the church is strong evidence of the rig! settlement: for he was seated there as a parishioner, whir, an express acknowledgment on the part of the churchward and overseers that he was in fact a parishioner. But the u of the statute being positive, no collection of facts hot: strong, can be tantamount to a notice in uriting; and to strue them in the present case as amounting to a notice in \ ing would be acting in direct contradiction to the legisla 2 Bott, Const'sed. 125. Foley, 110. 2 Strange, 835.

_. In the case ot the K. v. Cirencester, Hil. 10 Geo

Time andman- , ,, ,, . .. . ■_ , .'

uer ot resi- was '"-"'"j tnat ,mng 40 days successively was not necess ueuce. *nll Forlescue J. said, that living 40 days off and on, is i

ing the case stronger than living 40 days together in a pa 2 Sets. Cas. 40. 1 Strange, 579.

And in the K. v. Sowton, ItH. 12 Geo. 2, it was adm by the counsel, and held by the court, that 40 days resic in the parish in the whole, though not successive, is sum to gain a settlement. Burrow's Set. Cas. 125.

JSotwillistaudiny all this, as these statutes were made to vent poor persons coming into parishes clandestinely, a s merit by notiee, and 40 days residence is seldom obtainet the act of delivering notice constrains the parish to whon 'given to remove the party, if they object to his obi.;.

settlement there.

VII. Settlement by renting a tenement of ten pou a-year.

By 13 & 14 Car. 2. c. 12, 'on complaint within 40 'after any person shall come to .settle in any tenement 4 the yearly value of 10/. two justices (1 Qu.) may remov 'to where he was last legally settled for40 days.'

'And persons aggrieved may appeal to the next quartc 'sinus.' s. 2. . But by 9 & 10 mi. 3. c. 30, «no person who shaU com

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