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THE

WHOLE LAW

RELATIVE TO TUB

DUTY AND OFFICE

OF A

3usttce of tfie $eare.

COMPRISING ALSO THE AUTHORITY OP

PARISH OFFICERS.

BY THOMAS WALTER WILLIAMS, ESQ.

Or THE INNER TEMPLE, BARRISTER AT LAW.

SECOND EDITION,

CONSIDERABLY IMPROVED, INCLUDING THE STATUTES ARB
ADJUDGED CASES TO THE PRESENT TIME.

IN FOUR VOLUMES.
VOL. IV.

LONDON:

PRINTED TOR W. CLARKE AND SONS; J. WALKER; VERNOR
HOOD, AND SJJARPE; CUTHELL AMD MARTIN; J. STOCKDALE
LACKINGTON, ALLEN, AND CO.; J. AND J. RICHARDSON
A<0 B. CROSBY AND CO.

BODL. Li BR

28 Ml. 1918 -OXFORD

W. Flint, Printer,
St. Sepulchre's.

TIIE

WHOLE LAW

RELATIVE TO THE

DUTY AND OFFICE

OF

& justice of tt)t $eace.

SETTLEMENTS AND REMOVALS.

J. Settlement of the poor.

II. Removal of the poor.

I. Settlement of the poor.

Of this very important subject it is proposed to treat ia thfi following order:

J. Settlement by birth.
II. Settlement by parentage.

III. Settlement by apprenticeship.

IV. Settlement by hiring and service.

V. Settlement by marriage.

VI. Settlement by notice, and forty days re- r sidence.

VII. Settlement by renting a tenement of 10\K

a year. Vol. IV. B

[graphic]

VIII. Settlement by paying public taxes.

IX. Settlement by serving an office.

X. Settlement by having an estate.

XI. Concerning persons whose settlements cannot be discovered.

1. The settlement by birth.

i. The settlement hy birth of bastards.
ii. The settlement by birth of legitimate children.
iii. How the settlement by birth may be proved.

i. The settlement by birth of bastards.

,Vt"d'se,"'d Illegitimate children must be kept by the parish in which

ere rn. ^ey are Dorn^ fQT tne piacc 0f the birth of a bastard child ii

the place of its settlement, ex necessitate; being nullius JUiui.

Bulsttode,349. Carthew,433. 3 Salk. 166.1 Lord Raym. 567.

Ex t'on But this settlement by birth may be defeated several ways.

the rule. First; it may be defeated if it be procured in any particular

l. Butardi parish by fraud and contrivance; for where an unmarried sec

bom in a place 'ant girl, being with child and near the time of her delivery,

by fraud and was conveyed, by practice, out of the parish into an out-housc

contrivance, situated in the outermost confines of the adjoining parish, and

the child was there born; the question being, which of these

two parishes was to keep the child? It was held, that though

illegitimate children must be kept by the parish in which they

are born; yet if any improper practice appears, then this rule

doth fail, and the child shall be kept and prorided for by the

parish where the mother did dwell, and where she was got

with child, and which had used the practice to have the chile

born in another parish. Texzkabury v. Ttcining, Bulstrode

349.

So in Masters r. Child, Hil. 10 Wil. 3. it was ruled, tha if a woman, big with child of a bastard, and settled in one pa rish, is persuaded by the parish officers to go into another pa rish on purpose to be there delivered, this Iraud will make th parish chargeable where the mother was settled, though th child was not born there. But if a woman with child of bastard come accidentally into one parish, and is persuaded b tome of the parishioners to go into another parish and there delivered, this shall not charge that parish which persuaded he 3Salk. 66. So also if a woman with child be removed to a place, as

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