Page images

Court were clear that this devise, which gave the paopen *' free liberty and power during their natural lives to . dwell "in the house," was a discharge of the certificate, and that they had gained a certificate in Eversholt. Burrow's Sett. Cos. 85.

cannot be discovered^ it seems that the party ought to be Xqlieved by the parish in which he happens to fall chargeable.. Ear where a travelling woman, having, a small sucking child, .was apprehended for felony, sent to gaol, and executed ;.and 1 tbp * place of the birth of this child not being, known, it was .sent 'to the town where the mother was apprehended.' This, was, held right; for (hat town ought sot to have sent the child '£»". gaol, the child being no. rnalufa^or. Bolton, c. 73. s. 27.

So a child left and dcscited by its parents, shall be maintained and provided for by the parish or place where it is found; far in the case of Christ's Hospital, Tr. U Will. 3, where a poor child was left in Christ's Hospital; and upon the complaint of the wardens, two justices made an order on the overseers sf the poor of the parish to receive and maintain the child. This order was quashed, because it was not said thatthc parents were unknown, or that it was likely to become chargeable to the parish ; but as to the principal matter hinted, viz. that the Hot' pital was bound to provide for poor children there exposed, The Couht thought there was nothing in that. 2 Salic. 485.

And upon this principle, if the father and mother of a legitimate child be both foreigners, and neither of them have gained a settlement, it follows that both they and their children most be maintained by the parish where they are found; for in Coared's Case, Tr. 6 Will. <Sf Alar, a Dutch woman of the name of Coured, with her two children, landed at Harakk from Holland, and, removing to another place, were sent back to Haruich by an order of two justices.—-It was objected, that landing makes no settlement.—To which it was answered, that it is within the equity of the act.—But by Eyres, in the absence of Holt, You must keep them when you have them, for aught I know; for it seems to be casus omissus. The order was quashed. Comberbach, 287. '-4 But a foreigner may gain a settlement by occupying' a tenement of 101. ayear for 40 days—thus in the K. v. Eastbourne, Tr. Ter. 43 Geo. 3. Ann Borchcrt and her children were.removed from Seafordto Eastbourne ; and the sessions confirmed the order subject to the opinion of the court on the /ollowi&g rase: Ann Boi chert's maiden settlement was in Eastbourne^ic she married one John Borchcrt a German by whom sbe.h»d the ihildreu; 4 the husband with his wife and children was at

'tbe lirne of removal resident in a house in Sf afpYdil


'devalue of 10/. which he had rented for two years, exercising
'therein the trade of a baker,' his trade declined at Seaford,
and he thought he could exercise it with more advantage at
Etttboume: the wife and children thereupon became charge,
ifclc, and were removed: the husband acquiesced in every thing
which took place with regard to the removal, accompanied
tiem to Eastbourne, and afterwards continued to reside there
with them; in support of the two orders two questions were
raised, 1st, whether a foreigner can gain a settlement in this
country ? and if not, 2dly, whether the wife of a foreigner, may
sot be removed to the place of her maiden settlement; it became a
unnecessary from the opinion of the court, on the first to con.
■ irthis question, which seems however sufficiently settled in
principle by the cases. By Tux Court, This man was not an
alien enemy, but a German by birth, an alien amy: and as
sjch, though he may not take a lease of a dwelling house or
shop, by reason of thestat. 32 Hen. 8. c. 16, yet he may oc
cepji tenement of 10/. a year, and carry on his trade there
like ay other persons: then if he may do so, he has that ia-
tetertwhich enables bim to gain a settlement, by the provision
ef the legislature: as to there being no obligation for maintain,
b? poor foreigners before the statutes ascertaining the different
sales of acquiring seltlement,the law of humanity,which is an.
tvior to all positive laws, obliges us to afford them relief, to
aiethem from starring; and those laws were only passed to fix
tie obligation more certainly, and point out distinctly in what
manner it should be borne—.Both orders quashed. 4 EatPt
ftf 103.

See also the head Settlement by parentage.*
* In p. 12, supra.

II. Removal of the Poor.

I. The statutes. . t.,t.t

M. Of parochial certificates and their effect. ill. Order of removal, IV. Appeal to the sessions.

F- Precedents.

, /. The statutes.

B» 13 & 14 Car. 2. c. 12, 4 it shall be lawful, upon com. tmam rem.* plaint made by the churchwardens and overseers of the poor^>,e"n,<,'r^ 1 of any parish, to any justice of peace, + within forty days 1 ar' ~"

11 I.

., j**tite of peace] From these words, a singlejusticc has anwrtrtj loi&iae his warrant, to apprehend the party in order to his



[ocr errors]

* after, any person shall come to settle under the yearly
'of ten pounds, for any two justices (1 Quo.) of the di
1 where any person that is likely fo bt chargeable to the

* shall C0U4 to inhabit, by their warrant to remove and cttj

* such person to such parish where he was last legally sett]
'cither as a native, householder, sojourner, apprentice, org

*, for the space of forty days at the least, unless he
'sufficient security for the discharge of the said parish t
'allowed by the said justices.' *. 1.

But the stat. 35 Geo. 3. c. 101, after taking notic two justices of the peace (I Qu.) have authority to j-emovi sons that are likely to become chargeable to an) parish, place of their last legal settlement, states, that ' many ii

* otis poor persons chargeable to the parish, township, or

* where they lire, merely from want of work there- »

* any other place, where sufficient employment is to
'maintain themselves and families without being burdenM
'any parish, township, or place: and such poor persons

* the most part compelled to live in their own parishes.
'ships, or pliers, and arc not permitted to inhabit
'under pretence that they are likely to become ch

* the parish, township, or place, into which they- go
'purpose of getting employment, although the labour

* poor persons might, iu many instances, be very- beti.

* such parish, township, or place: and that the remedy 'ri! to be applied thereto, by the granting of cei been found |very ineffectual: It is, for remedy thereo fore enacted by the stat. 35 Geo. 3. c. 101, that .<n the laid slat. 13 and 14 Car. 2. c. 12. as enables (tu to remove any person likely to be chargeabUe to t) township, or place, into zvhich they ihall come to inha lie repealed, s. 1.

And from henceforth no poor person shall be rem virtue ot any order of removal, from the parish or pi, SHch poor person shall be inhabiting, to the place off legal settlement, until such persons shall have become

being examined; hut as the matter can only lie heard and
i/\ two justices it is roost advisable either to issue tb«
bring the party before thejustice by whom it is grinted,
or (as is now the more usual way), for two justices to
joint precept in the first instance, for that purpose. How
party consents to go before thejuslkes voluntarily*there
sity of issuing any warrant.

• And an order of removal of the wife and children, ii-r/A
ef Ihe husband, to thewife'i nwiden-settlemetit, the husba
Scotchman, and having gamed no settlement of hi* own is
TBtCoem.'I'hisisthe case of a5rnlrfcniiin,whohai n<> settle
own, and is desirous to give his wife and children the bene:
beir.g unable to maintain them, consents that she shall be
parish, to which she herself is willing to go, why should he
sent? here is neither a private uor a public injury .and tbi-r

Matins* L» VI.* it' -.- X*//1.n... Jr*« Ai /"•.»« Q *1?1.*.**- '"* *-^^^^

[ocr errors]

ciarpealle to the parish, township, or place in which he shall inhabit; in which case, two justices of the peace may re» Boyc bim, in the -ame manner, and subject to the same appeal, »ed*ith the same powers, as might have been done<s this »ct with respect to persons likely to become chargeable.

Hot every person who shall have been convicted of larceny, per,„„, or Mv other felony, or who by the laws now in being shall be Tjcr. of lanrdtemed a rogue, vagabond, idle, or disorderly person, or who «y, rogun. Sec. sjill appear to any two justices of the division wherein such l" •»•' comidcrpersan shall reside, upon the oath of one witness, to be a per.0?, c M of evil fame, or a reputed thief, such person not t*^»"S t>e rwoureni. able to give a satisfactory account of himself, or of his way •i living, shall be considered as a person actually chargeable sithia the meaning of this act, to the parish in which such person shall reside, and shall be liable to be removed to his !ut settlement by order of the said justice*, one to be of the qwrim of the division where any such person shall rcsidn. 1.5.

Ala every unmarried women with child shall be deemed Unmarried To-taB< a person actually chargeable, within the meaning of this W[th srt,inii may be removed to the place of her last legal settlement.'^"..^le!


Hut a single woman, living in service with her master is not reaotraMc against the ronsent both of herself and master, faugh adjudged by the order of removal to ba with child at^d liiertforcdeemed chargeable.—This was the case of the K; v, Jkdey. Ea. Ten 43 Gcu. 3, which was in substance as foliWi: Tiie paupor was settled at Alveley, and previous ta> KcaarlsUM 1801, had hired herself to a person of Uunsly, «i ibe parish of Kinvtr, for a year ; she entered upon her iertice on the 1st of October following, and continued therein wiihiHit interruption till the 'id of September 1802, when, shu Mag seven months gone with child, the parish officers of Kiltfcrirrtisled upon her goiug before two justices for the purpose <>i being examined as to the place of her settle.aetit, and accordiiifly look her.away from her service on the evening of that illy,and the next morning brought her before the magistrate* »aa made the order of removal: the pauper's master did not cunseut to her being taken away, but objected to it; as did the f-'iupw herself, who was perfectly able to do her work; and i< being harvest time the master could ill spare her: after n«r examination, «he returned to her master's service, and an the following day the pari- h officers reniovod her under the order, ui'iog her at the same time that she should return to her master, nid the master toV the parish officers that he should insist on t*$ pauper's returning and serving out the rest of the year ; the pauper accordingly returned to Kinver served out the rest of i»ry«ar}aod received her whole year's wages. — It'was Contf.n »to that the pauper was rfmoveable under this clause in the sta't, of Si Geo. S. Lord Kenyan Ch. J. If the order of removal yrere good it would operate to dissolve the contract, and question is, whether the order was properly made? Nowtbe nothing to shew that the magistrates adjudged her to be charges otherwise than as a consequence of law in their uodcrstao' of the act of parliament: they adjudge that she is with < *' and is therefore deemed chargeable," yet that must be un stood according to the subject matter, or as the act itself presses it, " chargeable within the true intent and meanir *' this act:'' now was it not the meaning of the actto preren removal of persons until actually chargeable, who were b removeable, if likely to become so; but not to make pel rcmoveable, who were not proper objects of removal before act: could it be meant that a person in this situation, -' be Kablc to be turned away from her parents, whatever her dilion in life may be, and however far removed from any Lability of being a charge on the parish? Is there any ins to be found in the books, before this act, of a woman v those circumstances, being a person of substance, and yet I ed to be removable? the. substance of a person so sit repels the idea of her being chargeable; and the act did mean to make any person rcmoveable, who was not so an dently to the passing of the act; the mere circumstance single teowan in the service of another being with child, not operate as a dissolution of the contract, and make her to be removed against the consent both of the muter aoi self. 3 East's Rep. 563. \


And an unmarried woman may be removed to the pi her settlement on account of her being with child unde clause, even thuugh she be residing under a certificate frc own parish .-for the clause seems to nave been introduced (o very purpose of remedying what was before an apparent del the poor laws; for before that act passed a certificated son in this situation could not have been removed althouj child when born would be settled in the certificated pal The K. v. Great Yarmouth, Mic. 39 Geo. 3. 8 Ter, 68. justices may 'But as poor persons are often removed during the 1 nik'peudihe re- • their sickness, to the great danger of their lives a'; it is 1 pcrlons' "Ck me^y thereof enacted, that in case any poor-person shi brought "before any justice of the. peace, for the purp being removed from the plane where he os slw is in I.: by virtue of any order of removal, and it shall appear kaid justices that such poor person is unaLie to travel, bj son of sickness or other infirmity, or that it would b< gerous for htm or her so to do, the justices making sue dor of removal, arc required and authorised to siispc rxecrltion of the same until they arc satisfied that i

[ocr errors]
« PreviousContinue »