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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. 10. R. v. Saighton on the Hill, 2 B. & A. 162, ii. 51. R. v, Vakmere, 5 B. & A. 775, ii. 52. R. v. Merwall, Burr. s. c. 661. ii. 53. Bridewall v. Clerkenwell, 2 Salk. 486. ii. yo. K. 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. I.

(a) 13 & 14 Car. 2. c. 12. s. 3. 5 Geo. 4. c. 83. 8.3. See Mann v. Davers, 8 B. & A. 103. ii. 93. Baldwin v. Blackmore, I 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- year aforesaid, return to the said bered, that on the day of — parish of C., and become chargein the year of our Lord at the able to the said parish of C. from parish of C. in the county aforesaid, whence he had been so legally reJ. N.of

in the said county, moved as aforesaid; and that the one of the overseers of the poor for said A. B. hath not produced any the said parish, cometh before me, cenificate of the churchwardens or J. P., one of his majesty's justices overseers of the poor of any other of the peace for the said county, Parish, township, or place, thereby and on his oath ivformeth me that acknowledging him to be settled in A. B. of

labourer, having the same : contrary to the form of heretofore, to wit, on the day the statute in that case made and of

in the year aforesaid, provided been legally removed, by the order

A. B. of two justices of the peace, from Taken and sworn before me, this the said parish of C. to the town.

1830, ship of D. in the said county, did,

J.P. on the - day of

in the

day of

(11) Commitment for Returning, Berkshire :-To the coustable of kept to hard labour for the space of

in the said county, and to [one calendar month]: These are the keeper of the house of correc- therefore to command you, the said tion at -, in the said county. constable of

aforesaid, to Whereas A. B., late of

lake the said A. B., and him safely in the said county, labourer, was tu convey to the house of correc. on this day July convicted before tion at aforesaid, and there me, J. P., one of his majesiy's jus. tu deliver him to the said keeper tices of the peace for the said thereof, together with this precept; county, of being an idle and disor- and I do hereby command you, derly person, that is to say, for the said keeper of the said house of that he, the said A. B. having correction, to receive the said A.B. heretofore, to wit, &c. [as in the into the said house of correction, above information, to the words), there to imprison him and keep “ contrary to the form of the sta- him to hard labour for the space tute in that case made and pro- of [one calendar month]; and for vided;" and that I, the said J.P., your su duing this shall be your thereupon adjudged the said A. B. sufficient warrant. iu be committed to the house of Given under my hand and seal, at correction at there to be

in the county aforesaid,

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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 (6), persons convicted of vagrancy (c), and unmarried women with child (d), shall be deemned actually chargeable. (1) 35 Geo. 3. c. 101, s. 5.

(c) 5 Geo. 4. c. 83. s. 20. (d) 35 Geo. 3. c. 101. s. 6. See R. v. Great Yarmouth, 8 r. 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 (f). The churchwardens or overseers of the parish to which paupers are removed, must receive them (g).

(e) 54 Geo. 3. c, 170, s. 10 (s) See R. v. Llanwinio, 4 T. R. 473. ii. 59. () 3 W. & M. c. ll. 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. & 8. 498. ii. 69. R. v. Carleton, Burr. S. C. 813. 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.

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

this day of

in the sovereign Lord King George the eleventh year of the reign of our Fourih.

J.P. For forms of the Warrant and Conviction, see Archbold's Commitments and Condictions,” 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.

( 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. C2.

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 inay 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. 8. 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 inaintaining 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 certiácate-men, infru (12).

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

To the Church war- said county of Westmoreland, and Westmore- dens and Overseers one of us of the quorum, that John land, to wit. of the Poor of the Thompson, Mary his wife, Thomas Parish of Orton, in the said County their son, aged eight years, and of Westmoreland, and to the Agues, their daughter, aged four Churchwardens and Overseers of years, having for some time last the poor of the Parish of Penrith, past dwelt in the parish of Orton in the County of Cumberland. aforesaid, being allowed so to do

Whereas complaint hath been by reason of a certificate, bearing made by the churchwardens and date the —

day of - in the overseers of the poor of the pari year of our Lord

> under the of Orton aforesaid, in the county hands and seals of A. C. and B. C., of Westmoreland, unto us, whose churchwardens, and A.O. and B.O. names are hereunto set, and seals overseers of the poor of the said aitixed, being two of his majesty's parish of Penrith, attested by A. W. justices of the peace in and for the and B. W., two credible witnesses, and allowed by I. N. and S. G., Thomas and Agnes their children, esquires, two of his majesty's jus- from and out of your said parish of tices of the peace for the said Orton, to the said parish of Pencounty of Cumberland, (according rith, and them to deliver to the to the directions of the several acts churchwardens and overseers of the of Parliament in such case made poor there, or to some or one of and provided,) are become charge. them, together with this our order, able to the said parish of Orton : or a true copy thereof, at the same and whereas it appears to us, as time showing to them the original; well upon the oath of the said John and we do also hereby require you, Thompson as otherwise, that nei. the said church wardens and overther they, the said John Thonipson, seers of the poor of the said parish Mary his wife, and Thomas and of Penrith, to receive and provide Agnes their children, nor any of for them as inhabitants of your them, have gained any legal settle- parish. And we do also hereby ment since the date of the said cer- order and direct you, the said tificate, whereby, and upon due church wardens and overseers of consideration had of the premises, the poor of the said parish of Penit appears to us, and we do hereby rith, to reimburse and

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).

(0) 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).

(w) 59 Geo. 3. c. 12. s. 33, 34. See R. v. Leeds, 4 B. & A. 498. ii. 69. R. v. Whitehaven, 5 B. & A. 720. ii. 62. R. v. Great Clacton, 3 B. & A. 410. ii. 87.

Order of removal.] Before the justices make an order of removal, they usually cause the pauper to be brought before them, for the purpose of examining him as to his settlement (w).

pay unto the adjudge, that the said John Thomp. said churchwardens and overseers son, Mary his wife, and Thomas of the poor of the parish of Orton, and Agnes their children, are be- the sum of being the amount come chargeable to the parish of of the reasonable charges that they, Orton, and that the place of the the said churchwardens and overlast legal settlement of them, and seers of the parish of Orton, have every of them, is in the parish of been put unto in maintaining and Penrith, in the said county of Cum- removing the said.

-, ascerberland : these are therefore to re- tained and alluwed by us, the said quire you, the said churchwardens justices. and overseers of the pour of the Given under our hands and seals, said parish of Orton, or sume or the

in the year one of you, to convey the said John of our Lord Thompson, Mary his wife, and

VOL. 1.

day of

(2) 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 (7), 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. K. 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 K. y. 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 shoald 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. County of


bastard, and to be chargeable,] to Forasmuch as complaint hath the said parish of : these are been made before us - -, two of therefore to require you to bring his majesty's justices of the peace the said A. 0. before us, at the in and for the said county, one of house of


in the us being of the quorum, by the said county, on church wardens and overseers of the day of -, at the hour of poor of the parish of in the in the forenoon of the same day, said county, that A. O. hath come to be examined concerning the to inhabit in the said parish, not place of his last legal settlement, having gained any settlement there. aud to be further dealt withal acin, and that the said A. 0. is ac- cording to law. tually chargeable, [or, is an un. Given under our hands and seals, married woman, and with child, the

- day of which child is likely to be born a

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