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another person by his consent; and the consent may be given not only by the original master, but by his executor, or even by his widow, before taking out administration.

Also a person receiving a person with such consent may transfer his service to another, without the knowledge or consent of the first master.

But the consent must be for a particular service; an indiscriminate leave to serve any person will not be sufficient.

A consent may be inferred from the particular circumstances of the case, although no direct assent appear.

A person gains a settlement as an apprentice as soon as he has resided forty days in a parish under the indentures; and therefore an apprentice may gain as many settlements as there are spaces of forty days in the term of his apprenticeship. He is, however, finally settled in the place where he sleeps the last night under the indentures, provided he has resided there forty days altogether. The settlement is gained where the apprentice sleeps, and not where he works.

By serving a public office.-A settlement is gained by serving the office of parish clerk, sexton, churchwarden, warden of a borough, tithing-man, petty constable, borseholder, collector of the land-tax, bailiff or ale-taster of a borough, hog-ringer of a parish, &c.

The requisites to gain a settlement under this head are, 1. that it be an office; 2. that it be a public one; 3. that it be an annual one, or for a longer period; 4. that it exist in the parish in which the party resides.

Curates, schoolmasters, masters of workhouses, &c. gain no settlement by their appointments.

By renting a tenement of 10l. a year value.—The tenement need not be entire. A person may occupy two or more tenements, situate in the same or different parishes, taken at the same or different times, rented of the same or different landlords, and if the aggregate value is 10l. a year, a settle

ment will be gained thereby in the parish in which the party resides, provided some part of such tenements be in such parish.

It is also immaterial whether the party occupies the whole himself or under-lets part.

The value and not the rent of the tenement is the thing to be considered; but the rent is the fair criterion of the value, unless the tenement is shown to be worth more or less; and the annual value is alone material.

The value is to be estimated at the time of taking the tenement; and it is immaterial by what means the tenement becomes of the requisite value.

When there is a joint occupation, if the value is 20l. per annum, both gain a settlement; if less, neither can acquire


The period of time for which the tenement is taken is unimportant; and it makes no difference if the party take it for the purpose of gaining a settlement, if done without fraud.

But the party must be lawfully entitled to the possession, and a fraudulent possession will be insufficient.

The residence need not be on the premises demised, provided it be in the same parish.

But the residence must be by the party himself; the residence of his wife and family is not sufficient.

By the 6 G. 4. c. 57, however, it is enacted "that from and after the passing of that act (22 June, 1825,) no person shall acquire a settlement by or by reason of settling upon, renting or paying parochial rates for any tenement not being his or her own property, unless such tenement shall consist of a separate and distinct dwelling-house or building, or of land, or of both, bona fide rented by such person, at and for the sum of 10l. a year at the least, for the term of one whole year; nor unless such house, or building, or land, shall be occupied under such yearly hiring, and the rent for the same, to the

amount of 10l. actually paid, for the term of one whole year at the least: provided that it shall not be necessary to prove the actual value of such tenement."

By estate. An estate acquired by descent will always confer a settlement, without regard to the annual or total value of the interest; but if a person purchase an estate, it will not give him a settlement for a longer period than whilst he shall inhabit such estate, unless the purchase-money amounts to thirty pounds.

The word Purchase is here confined to cases of purchase for a money consideration under 30l.; and therefore does not extend to cases of conveyance in consideration of natural affection, &c. The premises need not be in the owner's actual occupation, provided they be in the parish in which he resides.

The party must reside in the parish forty days.

By payment of public taxes of the parish.-By 35 G. 3. c. 101. it is enacted, that no person shall gain a settlement in any parish by being charged with and paying his or her share towards the public taxes or levies of the said parish, for or in respect of any tenement not being of the yearly value of 10l. It is therefore unnecessary to consider this species of settlement, for where the yearly value of the tenement assessed is 10l. a settlement is gained by the occupation of such tenement, independently of the assessment. But see 6 G. 4.

c. 57. ante, p. 116.

Persons who have no settlement (as foreigners), or whose settlement cannot be known (as deserted infants), must be kept by the parish where they happen to be, as casual poor.


When a person becomes chargeable to a parish, its parish officers (for none else can do it) should apply to the magistrates for an order to remove him.

The complaint may be laid before a single magistrate, and need not be upon oath.

Upon this complaint, the justice should issue his summons to the pauper to appear; and if he refuses, he may grant his


The order of removal must be made by two justices, upon oral testimony upon oath, and the pauper himself should be examined, if possible. If the pauper cannot be brought before the magistrates by reason of sickness, one justice may take his examination, and report the same.

Justices may commit pauper refusing to answer.

One family only must be removed by one order.

The order must be made to a place maintaining its own poor.

No second order can be made whilst an appeal against a prior order is pending at the sessions.

The order must be original, and not subsidiary to another order.

An order may be abandoned by the parish in whose favour it is made, without waiting to have it quashed by the sessions.

Formerly, persons likely to become chargeable to a parish were liable to be removed to the parish to which they belonged, unless they produced a certificate from such parish, acknowledging them to be settled there; but by stat. 35 G. 3. c. 101. the law is altered in this respect, and no person can now be removed until he becomes actually chargeable. The wise provisions of this statute having superseded the granting of certificates, it is unnecessary to consider this branch of the poor laws.

By the same statute, justices may suspend the removal of persons ill, either under a vagrant pass, or order of removal; expense attending the suspension, to be paid by the parish officers of the place to which the pauper is to be removed; on refusal to pay within three days, R. distress and sale,

with costs not exceeding 40s. J. 1. If out of the jurisdiction, warrant of distress to be backed by a justice having jurisdiction. Appeal to the sessions, if charges and costs. exceed 201. 35 G. 3. c. 101. s. 2.

Every person convicted of larceny or felony, or deemed a rogue and vagabond, or disorderly person, or who shall appear to two justices, on oath of one witness, to be a person of evil fame or a reputed thief, and shall not give a satisfactory account of himself, and way of living; and every unmarried woman with child, shall be deemed actually chargeable, and be removed as such. Ibid. s. 6.

Person refusing to go with an order of removal, or returning when removed, P. commitment as a vagabond. J. 1. 13 & 14 Car. 2. c. 12. s. 3.

Parish-officer refusing to receive a person so sent, P. bound to the assizes or sessions, to answer the contempt. J. 1. Ibid.

If removed into another county or jurisdiction, and the parish-officers refuse to receive, P. 57. A. to the poor of the place from which the pauper is removed. R. distress, and in default commitment for forty days. J. 1. of the jurisdiction to which the pauper is removed.

c. 11. s. 10.

W. 2. 3 W.

Appeal from orders of removal, to the sessions of the county from which the pauper was removed. 8 & 9 W. c. 30. s. 6. It must be to the sessions of the county, and not of any corporate town.


INSTEAD of the heavy penalties incurred formerly by the profession of the Romish religion, the only cases relative to it that now fall under the jurisdiction of a justice, are, for the protection of the free exercise of its rites; for, after repealing

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