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moned before him or them to be examined, and to make oath of his last legal settlement, and such person is to obey such sum'mons, and to make oath accordingly; and such justice or jus'tices is and are to give an attested copy of such examination, to 'the person making the same, to be at any time afterwards pro'daced before any such justices before whom he shall be again 'summoned; and if he be again summoned, then, on the pro'duction of such attested copy, he shall not be compelled to 'take any further oath with regard to any of the matters in such examination, but shall, if required, permit a copy there. of to be taken for such last-mentioned justice or justices. . 19.

And it shall be lawful for two of the justices who shall 'have taken such examination, or before whom such attested 'copy thereof shall be produced, at the request of such church'wardens and overseers, by an order in writing under their 'hands and seals, to adjudge and declare the place of the last 'settlement of such person, so examined on oath as aforesaid, 'or of such of his family as shall reside in such parish or place; without issuing any warrant to remove them to their 'last settlement; and a duplicate of every such order shall be "transmitted to the general quarter sessions next after the ex'piration of twenty days from the time of making thereof, to 'be filed amongst the records of the court; and a copy thereof attested by one witness, or a duplicate thereof, together with an attested copy of such examination to be annexed to such 'copy of such order, or duplicate thereof, shall be delivered to the church wardens and overseers of the poor of the 'place, in which the person shall be 'adjudged to be last set'tled, or to any of them, at least fifteen days before the first day of holding such sessions; and upon proof on oath of one witness before such sessions, of the delivery of such copy or duplicate, with such examination annexed thereto, 'it shall be lawful for such sessions to direct such order to be 'filed amongst the records of the court; and every such order so filed shall be conclusive in determining the place of the last 'settlement of the person named in such order, unless the same shall be appealed against within the time hereafter mention

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s. 20.

That is to say, all persons aggrieved by such adjudication may appeal to the general quarter sessions next after the ex. 'piration of fifteen days from the time of the delivery of such copy or duplicate, which sessions shall receive such appeal, and proceed to hear and determine the merits thereof in like manner as if the person mentioned in such order had been by warrant of two justices actually removed to the place where he was last settled, and may award the like costs on such appeal as may be awarded on appeals from orders of removal by any statute now in force, and to be recovered in 'like manner.' s. 21.

And when any overseer shall have been put to any charge in the maintaining any persons or their families residing un

'der the authority of this act, or in removing them back to 'the place to which they belong, after they shall have become actually chargeable, or asked relief, such overseers shall be reimbursed by the overseers of the parish to which such persons belong, the charges being first ascertained and allowed of by one justice residing near the place where they shall be 'incurred; to be levied, in case of non-payment, by distress and sale of the goods of such overseers, by warrant under th hand and seal of such justice.' s. 26.

'And no member of any such society, who shall reside in an 'parish or place under this act, shall have, or be deemed t have acquired any settlement there, by delivery and publ 'cation of any notice in writing, unless the same shall be ma after he shall cease to be a member of such society, and aft the revocation of his said certificate.'

8. 22.

And no member who shall so reside, and shall be assess 'towards any of the rates, taxes, or levies of the place, a shall duly pay the same, shall thereby have any legal sett ment in such place.' s. 23.

And no person who shall be an apprentice, or a hired s vant, to any person who did come into any parish · place, under the authority of this act, and not afterwards h 'ing gained a legal settlement there, shall gain any settlem in such places by reason of such apprenticeship, or bindi hiring or serving therein; but all such apprentices servants shall have their settlements in such parish or pl as if they had not been bound or hired to such pers 3. 24.

And every child which shall be born a bastard in any rish or place during the mother's residence therein under act, shall have the same settlement which the mother ha the time of the birth of such child.'

s. 25.

But note, that the actual necessity of bringing a certifi from the parish in which the party is settled, owning hin be an inhabitant legally settled there, or of bringing certificate under the other acts to prevent his removal, is done away by the STAT. 35 Geo. 3. c. 101. s. 1, which exp ly enacts that no poor person shall be removed before he s have become actually chargeable.

II. Of parochial certificates and their effect.

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By 13 & 14 Car. 2. c. 12, it shall be lawful, upon comp made by the churchwardens and overseers, to any ju 'within forty days after any person shall come to any tenement under the yearly value of 101. for any twe tices of the peace (1 Qu). to remove such person to parish where he was last legally settled, unless he give cient security for the discharge of the said parish, to hea ed by the said justices.'

s. 1.

But it shall be lawful for any person to go into any

ty, parish, or place, to work in time of harvest, or at any time to work at any other work, so that he carry with him a CERTIFICATE from the minister of the parish, and one 'of the churchwardens and one of the overseers, that he have 'a dwelling house or place in which he inhabits, and hath left ' wife and children, or some of them, there (or otherwise, as 'the condition of the person shall require), and is declared an 'inhabitant there: and in such case, if the person shall not return to the place aforesaid, when his work is finished, or 'shall fall sick or impotent whilst in the said work, it shall 'not be accounted a settlement, but it shall be lawful for two 'justices to convey the said person to the place of his habitation.' s. 3.

And by 8 & 9 Will. 3. c. 30, IT IS RECITED, that, Forasmuch as many poor persons, chargeable to the place where they live, merely for want of work, would in any other place where sufficient employment is to be had, maintain themselves and families, without being burthensome to any place, but 'not being able to give such security as may be expected,' upon their coming to settle themselves in any other place, and THE CERTIFICATES that have been usually given in such cases having been oftentimes construed into a notice in hand-writing, they are for the most part confined to live in their own parishes, and not permitted to inhabit elsewhere, though their labour is wanted in many other places, where the increase of manufactures would employ more hands: IT IS THEREFORE ENACTED, That if any person who shall come into any parish or place, there to reside, shall at the same time pro. 'cure, bring, and deliver to the churchwardens or overseers of the parish or place where they shall come to inhabit, or 'to any of them, A CERTIFICATE† under the hands and seals of the churchwardens and overseers of any other parish, township, or place, or the major part of them, or under 'the hands and seals of the overseers, where there are no 'churchwardens, to be attested by two or more credible wit'nesses, thereby owning and acknowledging the person men. 'tioned in the said certificate to be an inhabitant legally set'tled in that parish, township, or place, every such certificate 'having been allowed of, and subscribed by two justices of the 'county or liberty, from whence such certificate shall come, 'shall oblige the said parish or place to receive and provide for 'the person mentioned in the said certificate, together with his or her family, as inhabitants of that parish, whenever they 'shall happen to become chargeable to, or be forced to ask relief of the parish, township, or place to which such certificate was given ; and then, and not before, it shall be lawful

The stat. 33 Geo. 3. c. 54, relating to certificates from benefit clubs, is inserted under the preceding bead.

+For this form of the certificate, see the precedents under Head V.

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for such person, and his or her children, though born in that parish, not having otherwise acquired a legal settlement there, to be removed, conveyed, and settled in the parish or place from whence such certificate was brought.' s. 1.

And by 9 & 10 Will. 3. c. 11, no person who shall come into any parish by any such certificate as aforesaid, shall be adjudged by any act whatsoever to have procured a legal set. ❝tlement in such parish, unless he shall really and bonu fide take ' a lease of a tenement of the value of ten pounds; or shall exe. cute some annual office in such parish, being legally placed in such office.'

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Also by 12 Ann, c. 18, if any person shall be an appren. tice bound by indenture, or be a hired servant to any person, who did come into, or shall reside in any parish, township, or place, by means or licence of such certificate, and not after. wards having gained a legal settlement there; such appren. tice or servant shall not gain or be adjudged to have any settlement in such parish, township or place: but shall have their settlement in such place, as if they had not been apprentices or servants to such persons as aforesaid.'.... s. 2.

And by 3 Geo. 2. c. 29, the witnesses who attest the exe. cution of such certificates by the churchwardens or overseers, or one of the said witnesses, shall make oath before the jus. tices who are to allow the same, that such witness or wit. nesses did see the churchwardens or overseers, whose names and seals are thereunto subscribed and set, severally sign and ~ 'seal the said certificate, and that the names of such witnesses ' attesting the said certificates are of their own proper hand. 'writing; which said justices shall also certify that such oath ' was made before them, and every certificate so allowed, and oath of the execution thereof so certified by the said justices, 'shall be takep, deemed, and allowed, in all courts as duly and fully proved, and shall be taken and received as evidence without other proof thereof.' s. 8.

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And when any overseer of any parish or place, or other person, shall remove back any persons, or their families, residing in such parish or place, or sent thither by certificate, and becoming chargeable as aforesaid to the parish or place to which such person shall belong, such, overseers or other < persons shall be reimbursed such reasonable charges as they < may have been put unto in maintaining and removing such per< sons, by the churchwardens or overseers of the parish or › place to which such persons are removed, the said charges. being first ascertained and allowed of by one justice for the county or place to which such removal shall be made; which charges, so ascertained and allowed, shall, in case of refusal of..

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* Shall be taken and received as evidence.] This is, as it seems, in order to save the trouble and expence of bringing up witnesses from distant and remote parts, to prove the execution.

payment, be levied by distress and sale of the goods and chat'tels of the church wardens and overseers of the place to which such certificate persons are removed, by warrant of such jus ❝tice or justices. s. 9.

But by the stat. 35 Geo. 3. c. 101, it is enacted, that from But now no henceforth no poor person shall be removed by virtue of any poor persou order of removal from the parish or place where such poor per- can be remov son shall be inhabiting to the place of his last legal settle. ed until actual ment, UNTIL SUCH PERSON SHALL HAVE BECOME ACTUALLY ly chargeable. CHARGEABLE, s. 1.

This last statute has therefore rendered it no longer necessary to grant certificates: But as the parish officers are not absolutely restricted herein, and may in some parts exercise the power, and grant certificates as heretofore, and as cases may occur upon derivative settlements, where the questions solely turn upon certificates formerly granted,it is still proper to notice the decisions which are to be found in the books of reports, relat ing to them.

It is wholly in the discretion of the parish officers, to grant Granting a ceror to refuse a certificate, and they cannot be compelled thereto, tificate, -For in the K. v. St. Ives, Hil. 3 Geo. 2, a mandamus was moved for, to compel the churchwardens and overseers to sign a certificate; but the Court rejected the motion, as a very strange attempt. 2 Sess. Cas. 128.

Nor are the justices obliged to allow and sign a certificate, granted by the parish-officers, for they have a discretion to allow, or to disallow it if it be liable to objection.--Thus in the K. v. Wooton St. Lawrence, Hil. 8 Geo. 3. the parish officers of Wooton St. Lawrence gave the pauper a common printed form of a certificate (acknowledging him to be settled in the said parish of Wooton St. Lawrence); it was under the hands and seals of the parish-officers, and attested by two witnesses: but the blanks for the allowance of justices were not filled up. An objection was taken, that this was not conclu sive of his settlement in Wooton St. Lawrence, because the certificate was not signed by any justice of the peace... And by lord Mansfield Ch. J. A certificate cannot conclude the parish, unless properly signed. The certificate-act specifies certain checks and guards upon certificates. The justices are not obliged ministerially to allow and sign a certificate: they are 'not bound at all events, to allow and sign it. They have a discretion to allow it, or not to allow it, if it be liable to ob'jection. The act requires a conclusive certificate to be under the checks and guards therein particularized. This certificate wants them. Therefore it is no certificate within this act. And if it is not a certificate within the act, it cannot conclude the parish.-The other judges agreed. Burrow's Selt. Cas. 581.

And the justices may not only allow a certificate, but they may also attest it as witnesses.-The K, y. Boston, Ea. 4 Geo. 1. 1 Strange, 94.

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