parish where they were last legally settled (y), unless they give sufficient security for the discharge of the parish (z); and if they return without a certificate, and become again chargeable to the parish, they are punishable as vagabonds (a).

(y) See R. v. Snalcliffe, Cald. 248. ii. 50. R. v. Saighton on the Hill, 2 B. & A. 162, ii. 51. R. v. Oakmere, 5 B. & A. 775, ii. 52. R. v. Merwall, Burr. S. C. 661. ii. 53. Bridewall v. Clerkenwell, 2 Salk. 486. ii. 90. R. v. Crowland, 8 B. & C. 711. ii. 88. Cowred's case, Comb. 287. ii. 54. R. v. St. Martin at Oak, 16 East, 303. ii. 55. R. v. Denham, Burr. S. C. 35. ii. 91. R. v. Tamworth, Cald. 28. ii. 92.

(z) 13 & 14 Car. 2. c. 12. s. 1.

See Mann v.

(a) 13 & 14 Car. 2. c. 12. s. 3. 5 Geo. 4. c. 83. s. 3. Davers, 8 B. & A. 103. ii. 93. Baldwin v. Blackmore, 1 Burr. 591. 595. ii. 56. R. v. Elere Cole, 2 Bott, 670. ii. 57. R. v. Fillongley, 2 T. R. 709. ii. 58. See the form of the information for returning after removal, infra (10); and of the commitment thereon, infra (11).

(10) Information for Returning after Removal.

Berkshire to wit:-Be it remem-
bered, that on the
day of
in the year of our Lord at the
parish of C. in the county aforesaid,
J. N. of
in the said county,
one of the overseers of the poor for
the said parish, cometh before me,
J. P., one of his majesty's justices
of the peace for the said county,
and on his oath informeth me that
A. B. of
labourer, having

heretofore, to wit, on the day
of
in the year aforesaid,
been legally removed, by the order
of two justices of the peace, from
the said parish of C. to the town-
ship of D. in the said county, did,
on the
day of
-, in the

year aforesaid, return to the said
parish of C., and become charge-
able to the said parish of C. from
whence he had been so legally re-
moved as aforesaid; and that the
said A. B. hath not produced any
certificate of the churchwardens or
overseers of the poor of any other
parish, township, or place, thereby
acknowledging him to be settled in
the same: contrary to the form of
the statute in that case made and
provided
A. B.
Taken and sworn before me, this
day of
-, 1830.

(11) Commitment for Returning. Berkshire:-To the constable of

in the said county, and to the keeper of the house of correction at, in the said county.

Whereas A. B., late ofin the said county, labourer, was on this day duly convicted before me, J. P., one of his majesty's justices of the peace for the said county, of being an idle and disorderly person, that is to say, for that he, the said A. B. having heretofore, to wit, &c. [as in the above information, to the words], "contrary to the form of the statute in that case made and provided;" and that I, the said J. P., thereupon adjudged the said A. B. to be committed to the house of correction at there to be

J. P.

kept to hard labour for the space of [one calendar month]: These are therefore to command you, the said constable of aforesaid, to take the said A. B., and him safely to convey to the house of correc tion at aforesaid, and there to deliver him to the said keeper thereof, together with this precept; and I do hereby command you, the said keeper of the said house of correction, to receive the said A. B. into the said house of correction, there to imprison him and keep him to hard labour for the space of [one calendar month]; and for your so doing this shall be your sufficient warrant.

Given under my hand and seal, at - in the county aforesaid,

And persons convicted of felony, persons deemed by law rogues and vagabonds, idle or disorderly persons, persons of evil fame and reputed thieves, not able to give satisfactory accounts of themselves or their way of living (b), persons convicted of vagrancy (c), and unmarried women with child (d), shall be deemed actually chargeable.

(c) 5 Geo. 4. c. 83. s. 20.

(b) 35 Geo. 3. c. 101, s. 5. (d) 35 Geo. 3. c. 101. s. 6. See R. v. Great Yarmouth, 8 T. R. 68. ii. 61. R. v. Whitehaven, 5 B. & A. 720. ii. 62. R. v. St. Mary Westport, 3 T. R. 44. ii. 63. R. v. Holm East Waver, 11 East, 381. ii. 64.

By whom to be removed (e), and when (ƒ). The churchwardens or overseers of the parish to which paupers are removed, must receive them (g).

(e) 54 Geo. 3. c, 170, s. 10

(f) See R. v. Llanwinio, 4 T. R. 473. ii. 59.

(g) 3 W. & M. c. 11. s. 10. See R. v. Davis, Say, 163. ii, 60.

But persons residing on their own estates (h), even although purchased by themselves, and under the value of 301. (i), cannot be removed.

(h) See post, tit. "Settlement by Estate."

(i) 9 Geo. 1. c. 7. s. 5.

Nor can a wife be separated from her husband, unless by mutual consent (k), even although he be a foreigner, Irishman or Scotchman, and have no settlement (/); but she must be removed with him, if at all. But if she alone come into a parish, in which her husband does not reside, and become chargeable, she may be removed to the parish in which she is settled, whether her husband reside there or not (m); or, if a married woman, in the absence of her husband, become pregnant of a child, which, when born, will be a bastard, she may be removed to the parish in which she was last settled, if likely to be chargeable (n).

(k) R. v. Eltham, 5 East, 113. ii. 65. See R. v. Aythorpe, Burr. S. C. 412. i. 66. Leeds v. Backfordley, I W. Bl. 466, Burr. S. C. 524. ii. 67. R. v. Cuckfield, Burr. S. C. 290. ii. 68.

(1) R. v. Leeds, 4 B. & A. 498. ii. 69. R. v. Carleton, Burr. S. C. S13. ii. 70.

(m) St. Michael's Bath, v. Nunney, I Str. 544, Burr. S. C. 815. ii. 71. R. v. Ironacton, Burr. S. C. 153. ii. 72. See R. v. Higher Walton, Burr. S. C. 162. ii. 73. R. v. Yspytty, 4 M. & S. 52. ii. 74.

() R. v. Tibbenham, 9 East, 388. ii. 75.

this

day of

in the sovereign Lord King George the

J. P.

eleventh year of the reign of our Fourth.

For forms of the Warrant and Conviction, see Archbold's "Commitments and Convictions," p. 343.

Nor can a child be removed from its mother, during nurture, that is, until the age of seven years, whether the child be illegitimate (0) or legitimate (p). But after that age, if the child alone become chargeable, it may be removed to its place of settlement, without removing the parents (9).

(0) Skeffreth v. Walford, 2 Sess. Ca. 90. ii. 76. R. v. Hemlington. Cald. 6. ii. 77.

(p) Shermanbury v. Bolney, Carth. 279. ii. 78.

(9) See Wangford v. Brandon, 2 Salk. 482, Burr. S. C. 3. ii. 79. Cunmer v. Milton, 2 Salk. 528. ii. 80. See 59 Geo. 3. c. 12. s. 33. R. v. Whitehaven, 5 B. & A. 720. ii. 62.

Nor can servants be separated from their masters, whilst actually in their service (r), unless by mutual consent or unless the master become chargeable, and have not gained a settlement in the parish, and the servant have. But if a master turn away his servant for just cause, and the servant become chargeable, as, for in stance, if a master turn away his maid servant for being with child (s), she may then be removed to her place of settlement; but unless turned away, and chargeable, she cannot be removed, against her consent and his (t).

(r) Farringdon v. Witty, 2 Salk. 527. ii. 81. R. v. Osleworth, Burr. S. C. 302. ii. 82.

(s) R. v. Brampton, Cald. 11. ii. 83; and see R. v. Welford, Cald. 57. ii. 84.

(t) R. v. Alveley, 3 East, 563. ii. 85.

If the pauper be a certificate-man, the parish to which he belongs shall pay the charges incurred in maintaining and removing him (u).

(u) 3 Geo. 2. c. 29. s. 9; and see 8 & 9 W. 3. c. 30. s. 1. See the form of an order of removal, &c. in case of certificate-men, infru (12).

(12) Order of Removal of a Certificate-man.

County of To the Church warWestmore- dens and Overseers land, to wit.. of the Poor of the Parish of Orton, in the said County of Westmoreland, and to the Churchwardens and Overseers of the poor of the Parish of Penrith, in the County of Cumberland.

Whereas complaint hath been made by the churchwardens and overseers of the poor of the parish of Orton aforesaid, in the county of Westmoreland, unto us, whose names are hereunto set, and seals attixed, being two of his majesty's justices of the peace in and for the

said county of Westmoreland, and one of us of the quorum, that John Thompson, Mary his wife, Thomas their son, aged eight years, and Agues, their daughter, aged four years, having for some time last past dwelt in the parish of Orton aforesaid, being allowed so to do by reason of a certificate; bearing date the day of

-, in the year of our Lord under the hands and seals of A. C. and B. C., churchwardens, and A. O. and B. O. overseers of the poor of the said parish of Penrith, attested by A. W. aud B. W., two credible witnesses,

As to the removal of persons who have been soldiers, seamen, or militia-men, see 3 Geo. 3. c. 8; 42 Geo. 3. c. 69; 56 Geo. 3. c. 67 (v).

(v) See also 43 Geo. 3. c. 61. R. v. Gwenop, 3 T. R. 133. ii. 86.

And as to poor persons born in Ireland, Scotland, Man, Jersey or Guernsey, who have not gained a settlement in England: if they become chargeable, they may be passed, &c. as vagrants, and whipped or imprisoned or not, at discretion (w).

See R. v. Leeds, 4 B. & A. 498. ii. 69. ii. 62. R. v. Great Clacton, 3 B. & A.

Order of removal.] Before the justices make an order of removal, they usually cause the pauper to be brought

B*

before them, for the purpose of examining him as to his settlement (a).

(x) See the form of the warrant to bring up the pauper for examination, infra (13).

If by age, illness or infirmity, the pauper cannot attend, one justice may examine him, may report it to another acting for the same district, and then both make the order (y). Otherwise he must be examined by both justices jointly, and not separately (z), and by the same justices who make the order (a).

(y) 49 Geo. 3. c. 124. s. 4; and see 35 Geo. 3. c. 101. s. 2. R. v. South Lynn, All Saints, 4 M. & S. 354. ii. 94.

(z) R. v. Coles, Burr. S. C. 136. ii. 95. R. v. Stotfold, 4 T. R. 596, ii. 96. R. v. Stanstead Mount Fitchet, 2 Salk. 488. ii. 97; and see R. v. Wykes, Andr. 238. ii. 98.

(a) R. v. Howarth, 2 Bott, 640. ii. 99. R. v. Coln St. Aldwins, Burr. S. C. 136. ii. 100.

But although the justices have the power thus to examine the pauper (b), and it may be right to do so, or at least to have him brought before them in order that he himself may have an opportunity of objecting to the removal, if he think fit (c), yet it is not essential to the validity of the order, that he should be examined (d).

(b) See R. v. Jackson and another, 1 T. R. 653. ii. 101.

(c) See R. v. Wykes, Andr. 258. ii. 98.

(d) R. v. Tavistock, 3 D. & R. 427. ii. 102. R. v. Bagworth, Cald. 179. ii. 103.

The justices also sometimes grant a summons for the overseers of the parish to which it is intended to remove

(13) Warrant to bring up the Pauper to be examined concerning his Settlement.

Το

County ofForasmuch as complaint hath been made before us, two of his majesty's justices of the peace in and for the said county, one of us being of the quorum, by the churchwardens and overseers of the poor of the parish of in the said county, that A. O. hath come to inhabit in the said parish, not having gained any settlement therein, and that the said A. O. is actually chargeable, [or, is an unmarried woman, and with child, which child is likely to be born a

bastard, and to be chargeable,] to
the said parish of -:these are
therefore to require you to bring
the said A. O. before us, at the
house of — in ——, in the
said county, on
the
day of
at the hour of·
in the forenoon of the same day,
to be examined concerning the
place of his last legal settlement,
and to be further dealt withal ac-
cording to law.

Given under our hands and seals, the- day of