office; derivative, by marriage or parentage. Admissions of settlement, may be by certificate, by relief, and by a former order unappealed against; and settlements adjudicated, by a former order appealed against, and confirmed or quashed. In this order we shall now consider shortly the statements of the different settlements, as grounds of appeal. Settlement by birth :-You state the birth, and the time and place of it. It is not necessary to state whether the child was legitimate or illegitimate, unless the birth were on or after the 14th of August, 1834, and the child were in fact illegitimate; for there, by stat. 4 & 5 W. 4. c. 76, s. 71, it follows the settlement of the mother, and the mother's settlement must consequently be stated. Even where an examination stated that the pauper was born out of wedlock in the parish of A., " in or about the year 1833," nothing being said of the settlement of the mother:-it was holden insufficient, as the words "in or about the year 1833" did not necessarily exclude the 14th August, 1834, when the stat. 4 & 5 W. 4, c. 76, came into operation, and the law was altered as to the settlement of illegitimate children (k). But in all other cases, stating the birth to be in or about a particular year, will be sufficiently certain (7). Settlement by hiring and service:-You state the hiring, and that the pauper at the time was unmarried and without child or children: you then state the service, and the residence for forty days or more. The hiring must be stated to have been for a year (m), and the time of it, as nearly as can be ascertained, must be stated (n). But a statement that "in or about" the year 1832, the pauper was hired as a yearly servant by J. S., and served him a year and upwards under such yearly hiring, was holden insufficient, as not showing with sufficient certainty that the service for the year was completed at the time of the passing of the Poor Law Amendment Act, when the settlement by hiring and service was abolished (o). In all other cases, however, in or about such a year would be sufficiently certain (p). It must name the master and where he resided; and it may be convenient to state the capacity in which the pauper was hired, and the wages, if they tend to show that he was a yearly servant. The service must be stated for the whole year, unless there be a dispensation as to some part of it, see ante, p. 481 and as to a continuous service for a year under two hirings, see ante, p. 476. It must (k) R. v. St. Paul, Covent Garden, 14 Law J. 109, m.; 7 Q. B. 232. (1) R. v. Ealing, 18 Law J. 185, m. (m) R. v. North Bovey, 2 Q. B. 500; 11 Law J. 71, m. S. C. nom. R. v. JJ. of Devon, 1 G. & Dav. 703. (n) R. v. Bridgwater, 10 Ad. & El. 693; 10 Law J. 42, m. (0) R. v. St. Anne, Westminster, 15 Law J. 119, m. (p) See R. v. Ealing, supra. state expressly, that at the time of the hiring, the pauper was unmarried and without child or children (t); stating that he was single and unmarried at the time, will not be sufficient, for he might be a widower with children (u). So, stating that the pauper, whilst unmarried, served for several years under a general hiring in P., was holden bad, because it did not show that she was unmarried at the time of the hiring (r). Even where an examination stated that about the year 1827, the pauper, being unmarried, &c., was hired as a yearly servant by J. S., and served him at his residence at, &c., under such yearly hiring, for four years or more, and lived and lodged in his house at, &c., "for more than forty days next preceding the termination of the said service and on the last day thereof:" this was holden bad, because it did not appear that the pauper was unmarried at the time of the contract (express or implied) for the last year's service, that being the only year in which the forty days' residence was alleged (y). And lastly, it must state that he resided forty days or more in the parish, during the year's service (z). See upon this subject generally, ante, p. 441, &c. Settlement by apprenticeship :-You must state the indenture, between what parties, and the purpose of it; and if it be a parish indenture, you must state the previous order of justices for the binding, and the allowance by the justices of the indenture before it was executed. You then state a service by the apprentice under the indenture, and for what time; and that he resided forty days in the parish during such service (a). Stating that the indentures were assigned to J. S., of F., with whom the apprentice went and resided between three and four years, was holden not to be a sufficient statement of residence; for supposing this a sufficient statement that J. S. resided at F. at the time of the assignment, it did not appear at what place he or the pauper resided afterwards (b). If any part of the forty days be served with any other person but the master, that must be stated, and it must be stated to have been with the master's consent (c). Settlement by renting a tenement under stat. 13 & 14 C. 2, c. 12, s. 1, to the 2nd July, 1819:-State an occupation of the tenement by the pauper as tenant, for forty days at least, and that it was of the annual value of 101.; and state a residence (t) R. v. Wymondham, 2 Q. B. 541; 12 Law J. 74, m. R. v. Sherburn, 2 Q. B. 545, n. R. v. Recorder of Leeds, Id. 547, n. (u) R. v. Wymondham, supra. (x) R. v. St. Paul's, Covent Garden, 5 Q. B. 669, n. (y) R. v. St. Anne, Westminster, 15 Law J. 119, m.; 7 Q. B. 241. (z) R. v. Storford, 2 Q. B. 526; 12 Law J. 7, m. (a) See ante, p. 508, &e. (b) R. v. Flockton, 2 Q. B. 585; 12 Law J. 70, m. R. v. JJ. of W. R. of Yorkshire, 12 Law J. $7, m. (c) R. v. Lydeard St. Lawrence, 11 Ad. & El. 616. in the parish in which it was situate for forty days at least during such occupation (d). Settlement by renting a tenement under stat. 59 G. 3, c. 50, from the 2nd July, 1819, to the 22nd June, 1825:-You must state a renting of the tenement for a year, and at what rent, the occupation of it for a year, the payment of the rent for a year, and a residence in the parish, during the occupation, for at least forty days (e). The tenement must have consisted of a separate and distinct dwelling house or building, or of land, or of both; and it must be stated to be so, or described so as to show that it is so (f). It must state when and for what time it was rented (g), and who was the landlord (h); that it was occupied during the whole year (i); that a whole year's rent was paid for it (k); and that the party resided in the parish during forty days at least of such occupation (1). Stating that the party occupied it, is not equivalent to stating that he resided upon it (m). Settlement by renting a tenement under 6 G. 4, c. 57, from the 22nd June, 1825, to the 14th August, 1834:-You must state a renting of the tenement for a year and at what rent, the occupation of it for a year, the payment of at least ten pounds of the rent for a year, and a residence in the parish, during the occupation, for at least forty days (n). The statement is the same as in the last case, except that it is only necessary to state a payment of 107. of the rent (o). Settlement by renting a tenement since the 14th August, 1834-This is exactly the same as in the last case, except that you must state that the occupier of the tenement was assessed to the poor rate, and paid the same, in respect of such tenement, for one year (p). Settlement by estate, acquired by descent, devise, or in any other manner than by buying it :-If the estate were freehold, state the party's seisin, and describe the estate so that it may appear to be one which can confer a settlement; but if the estate be for a term of years merely, and be claimed by devise, or marriage, or as executor, administrator or next of kin, or the like, then the possession of the party from whom it was (d) See ante, p. 572, &c. (e See ante, p. 602, &c. (f) R. v. JJ. of Sussex, 10 Ad. & El. 682. (g) R. v. St. Sepulchre, Northampton, 6 Q. B. 580; 14 Law J. 8, m. R. v. Middleton in Teesdale, 10 Ad. & El. 688. (h) R. v. Recorder of Pontefract, 2 Q. B. 548; 12 Law J. 81. JJ. of Sussex, supra. (i) See ante, p. 604. R. v. (k) R. v. Leeds, 13 Law J. 88. (1) R. v. JJ. of W. R. of Yorkshire, 2 Q. B. 505. R. v. Old Stratford, Id. 513. (m) R. v. JJ. of W. R. of Yorkshire, 1 G. & Dav. 706; 11 Law J. 80, m. R. v. St. Margaret, Rochester, 2 Q. B. 533; 12 Law J. 77, m. (n) See ante, p. 609, &c. (o) Vide supra, and ante, p. 614. (p) 4 & 5 W. 4, c. 76, s. 66. See ante, p. 623. derived must be stated, and then the devise, marriage, &c., or other means by which the party claiming the settlement derived title to it (7). As to an estate bought by the party, you state the purchase, and for what sum [307. or upwards], that it was conveyed to the party, and his consequent seisin (r). In both cases, a residence of the party for forty days at least, in the parish in which the estate is situate, must be stated (s); and since the 14th August, 1834, it must also be stated that the party still inhabits within ten miles of the parish (t). Settlement by payment of parochial rates or taxes:-You must state that the party was rated in respect of a certain tenement in the parish, and that he paid the rate. If the rating was between the 22nd June, 1795, and the 22nd June, 1825, you must state that the tenement was of the annual value of ten pounds (u); but if the rating were since the 22nd June, 1825, you must in that case state that the tenement, in respect of which the party was rated, was rented by him for a year, occupied for a year, and 107. of the year's rent paid, under stat. 6 G. 4, c. 57, in precisely the same way as when a settlement by renting a tenement is claimed under that statute (r). In both cases, a residence of the party in the parish for forty days at least after payment of the rate, must be proved (w). Settlement by serving office :-State that the pauper was duly appointed to some public annual office in the parish, that he served that office in the parish during the whole year, and that he also resided in the parish during the whole year. The time of the appointment and service must be stated, in order that it may appear that the settlement was gained before the 14th August, 1834 (x). As to derivative settlements :-Settlement by marriage is stated, by stating the settlement of the husband, whatever it may be, and then the marriage (y). Settlement by parentage is stated, by stating the settlement of the father or mother, the marriage of the parents, and the birth of the pauper afterwards. If the settlement was gained after the birth of the pauper, it should be stated that the pauper was then unemancipated (z). Admission of settlement by relief:-State that on or about the pauper received relief from the parish of ——, whilst, to the knowledge of the overseers, he was residing in another parish. The time as nearly as possible should be stated, to enable the opposite party to ascertain the truth of the statement. But the exact dates cannot be expected to be given in such a case; and therefore where it was stated that the parish officers had relieved the pauper's husband several times during the last six years, whilst residing out of their parish, and particularly by relieving him several times in 1839 and 1840, whilst he was residing in Liverpool: this was holden sufficient (a). So, where after stating the ages of the pauper's six children, it was stated that on the occasion of his wife's confinements on the birth of several of the children he had been allowed medical attendance for her by the parish: this was deemed sufficient (b). However, it is sufficient to state that relief was given, without stating the nature of it; that will be proved by the evidence. Where there was a good statement of relief of the pauper whilst residing in another parish, and also a statement of a settlement by hiring and service, which was imperfect in not stating that the pauper was without child or children at the time of the hiring; and it was argued that the relief must be considered as grounded on the other settlement, and therefore inconclusive: the court however ruled otherwise; they said that the relief was an admission of a good settlement, and the statement did not show the contrary; for even if the relief referred to the other settlement, yet a good settlement by hiring and service might exist, although the parties were precluded from proving it, by the defect in the statement (c). On the other hand, where the examinations set up a settlement by hiring and service with J. S., and also stated several instances of relief given by the appellant parish to the pauper and his family; and the appellants stated in their grounds of appeal that the pauper never acquired a settlement in their parish by hiring and service with the said J. S., or by any other means; and the respondents at the trial of the appeal gave no evidence of the actual settlement, but merely proved the relief given: it was holden that the appellants, under this ground of appeal, were at liberty to show that they had given the relief under a mistaken impression that the pauper had gained a settlement by hiring and service (d). As to the admission of settlement by certificate, see ante, p. 694. Former order unappealed against:-State the former order, the removal of the pauper under it, the delivery of the pauper, together with a copy or duplicate of the order, to an overseer of the other parish, and that there was no appeal against the order. (a) R. v. JJ. of Carnarvonshire, 2 Q. B. 325; 11 Law J. 3, m. (c) R. v. Camrose, 2 Q. B. 330, n. (d) R. v. Bedingham, 13 Law J. 75, m. |