EVIDENCE. Before we consider the evidence particularly, it may be well to attend to the following general observations: The pauper is a competent witness for either party; and (according to the practice of some courts of quarter sessions) the appellants are bound to produce him. A parishioner is a competent witness for or against his parish, whether rated or holding office or not, and whether maintained by the parish or not; and this, in almost all cases (h). (4) 54 Geo. 3. c. 170. s. 9. Neither hearsay evidence of the declaration of the pauper, nor the exparte examination of him upon oath, taken in writing by the magistrates, relative to his settlement, are admissible evidence of such settlement, although the pauper die or abscond before the appeal (i). (i) R. v. Ferry Frystone, 2 East, 54. ii. 234. R. v. Abergwilly, 2 East, 63. ii. 235. R. v. Nuneham Courtney, 1 East, 373. ii. 236; and see R. v. Eriswell, 3 T. R. 707. ii. 237. R. v. St. Sepulchre's, 2 Bott, 362. ii. 238. But in the case of a soldier, having a wife or child, any justice of the peace may summon him before him, in the place where he is billetted, and take his examination in writing, upon oath, touching the place of his last legal settlement; and such justice shall give an attested copy of such examination to the person so examined, to be by him delivered to his commanding officer; which said examination and attested copy shall be admitted in evidence as to such settlement, before any justice or sessions, although such soldier be dead or absent from the kingdom (k). And the saine, as to officers, soldiers and marines, setting up trades (7). (k) 10 Geo. 4. c. 6. s. 68 (Mutiny Act). 3 Geo. 3. c. 8. s. 2, 3. See R. v. Clayton le Moors, 5 T. R. 704. ii. 239. R. v. Bilton with Harrowgate, 1 East, 13. ii. 240. R. v. Warminster, 3 B. & A. 121. 11. 241. R. v. Warley, 6. T. R. 534. ii. 242. (1) 56 Geo. 3. c. 67. s. 2. 3 Geo. 3. c. 8. s. 2. 3. Except also, partly, in the cases of prisoners: any justice of the peace may take, in writing, the examination VOL. I. C on oath of any person having a wife or child, who shall be a prisoner in any gaol or house of correction, or who shall be in custody of any peace officer by virtue of a warrant of commitment, touching the place of his last legal settlement; and such examination shall be signed by such justice, and shall be received in evidence as to such settlement before any justices, for the purpose of any order of removal, so long only as the person so examined shall continue a prisoner (m). (m) 59 Geo. 3. c. 12. s. 28. In all other cases, the same rules of evidence must be observed upon the trial of an appeal, as in other cases (n). (a) See R. v. Rawden, 8 B. & C. 708. ii. 243. Evidence that a pauper is settled in A., is prima facie evidence that it was his last legal settlement. The evidence on the part of the appellant and respondent, is much the same, the latter proving that the pauper was legally settled in the appellant parish, the former that he was not so settled, or (which is the same thing) that he was subsequently settled elsewhere. This is proved on both sides, either by admissions, positive or implied, or by direct evidence of the settlement; and in this order, we shall now consider the evidence necessary upon an appeal. I. By Admissions. 1. Certificates: A certificate is a written acknowledgment by the churchwardens and overseers, that a particular person is legally settled in their parish (0). See the form, infra (2). (o) See R. v. St. Ives, 2 Sess. Ca. 153. ii. 244. R. v. Helperton, Burr. S. C. 227. ii. 245. It must be under the hands and seals of the church (2) Certificate and Allowance. To the Churchwardens and Over- do in the county of hereby certify, own, and acknowledge that A. L., yeoman, is an inhabitant legally settled in our parish of aforesaid. In wit wardens and overseers of the poor of the certifying parish, or the major part of them (p); or, where a parish contains many townships, &c. each maintaining its own poor, then under the hands and seals of the overseers of the township, and the persons acting as churchwardens of the same, (although really sworn in as churchwardens of the entire parish,) or the major part of them (q); or under the hands and seals of two persons, acting or purporting to act in the double capacity of churchwardens and overseers (7); or under the hands and seals of the overseers only, where there are no churchwardens (s). (p) 8 & 9 W. 3. c. 30. s. 1. See 1 & 2 Geo. 4. c. 32. s. 1. 13 & 14 C. 2. c. 12. s. 3. R. v. Tamworth, Burr. S. C. 770. ii. 246. R. v. Margam, I T. R. 775. ii. 247. R. v. Wymondham, 6 T. R. 552. ii. 248. R. v. Whitchurch, 7 B. & C. 573. ii. 249. R. v. Austrey, I Phil. Ev. 453. ii. 250. R. v. Catesby, 2 B. & C. 814. ii. 251. R. v. St. Margaret, Leicester, 8 East, 332. ii. 252. R. v. Clifton, 2 East, 168. ii. 253. (9) 54 Geo. 3. c. 107. s. I, 2. See R. v. Samborn, 8 T. R. 609. ii. 254. (r) 51 Geo. 3. c. 80. s. 1. (8) 8 & 9 W. 3. c. 30. s. 1. It must be attested by two or more credible witnesses (t), one of whom shall make oath, before the justices who allow the certificate, that the overseers, &c. signed and sealed the same in his presence; and this oath being certified by the justices upon such certificate, the certificate shall be received in evidence without further proof (u). (t) 8 & 9 W. 3. c. 30. s. 1. See R. v. Boston, 1 Str. 94. ii. 255. Barleycroft v. Coleoverton, Str. 402. ii. 256. R. v. Ashton Keynes, Burr. S. C. 725. ii. 257. (u) 3 Geo. 2. c. 29. s. 8. See R. v. Farringdon, 2 T. R. 466. ii. 258. R. v. St. Maurice, Burr. S. C. 296. ii. 259. R. v. Ryton, 5 T. R. 259. ii. 260. R. v. Debenham, 2 B. & A. 185. ii. 261. R. v. Netherthong, 2 M. & S. 337. ii. 262. R. v. Stanley cum Wrenthorpe, 15 East, 350. ii. 263. ness whereof we have hereunto set of - -, in the year of our Lord our hands and seals, the Attested by A. W. day We, J. P. and K. P., esquires, two of his majesty's justices of the peace in and for the said county of do allow of the above-written certificate. And we do also certify, that A. W., one of the witnesses who attested the same, hath this day made oath before us, the said justices, that he, the said A. W., did see the churchwardens and overseers of the poor of the parish A: B.} Churchwardens. C. D. E. F. G.H.Overseers of the Poor. It must be allowed by two justices of the county, &c. in which the certifying parish is situate (v). (v) 8 & 9 W. 3. c. 30. s. 1. See R. v. Wooton, St. Lawrence, Burr. S. C. 581. ii. 264. It must be directed to the churchwardens and overseers of the parish in which the party is going to reside (w); and must contain an acknowledgment that the persons therein mentioned, are inhabitants legally settled in the certifying parish (~). (w) See R. v. St. Nicholas in Harwich, Burr. S. C. 171. ii. 265. R. v. Lillington, I East, 438. ii. 266. (x) See 8 & 9 W. 3. c. 30. s. f. 13 & 14 Car. 2. c. 12. s. 3. And see R. v. St. Mary, Westport, 3 T. R. 44. ii. 63. This certificate is an admission by the parish granting it, that the pauper at the time was legally settled in that parish, (whether the pauper deliver the certificate before removal or not (y),) and of all the other facts stated in it (2). But it is conclusive only as between the certifying parish, and the parish to which the certificate is directed (a); nor does it in any manner prevent the certifying parish froin proving a subsequent settlement in a third parish (6). (y) R. v. Buckingham, Cald. 64. ii. 267. See R. v. Wensley, 5 T. R. 154. ii. 268. (z) See New Windsor v. White Waltham, Str. 186. ii, 269. R. v. Headcorn, Burr. S. C. 253. ii 270. R. v. Ipsley, Burr. S. C. 650. ii. 271. R. v. Tostock, 2 Bott, 581. ii. 272. And see R. v. Mathon, 7 T. R. 362, ii. 273. R. v. Ullesthorpe, 8 T. R. 465. ii. 274. (a) All Saints v. St. Giles, 2 Salk. 530. ii. 275. R. v. Lubbenham, 4 T. R. 251. ii. 276. R. v. Bishopside, Burr. S. C. 381. ii. 277. (b) Harrison v. Lewis, 3 Salk. 253. ii. 278. R. v. Petham, 2 Str. 1147. ii. 279. R. v. Horsley, Burr. S. C. 385. ii. 280. And it is an admission, not only that the pauper was at the time settled in the certifying parish, but that it continued to be his place of settlement until he gained some other settlement, or the certificate was otherwise discharged (c). And here it may be necessary to observe, that although a certificate-man may gain a settlement in (c) See R. v. Warblington, IT. R. 241. ii. 281. R. v. Sudbury, Burr. S. C. 373. ii. 282. R. v. Taunton St. Mary Magdalen, Burr. S. C. 402. ii. 283. R. v. Frampton-upon-Severn, Doug. 417. ii. 284. R. v. Keel, Cald. 144. ii. 285. R. v. St. Michael's in Coventry, 5 T. R. 526. ii. 286. R. v. Spotland, Burr. S. C. 527. ii. 287. R. v. Newington, I T. R. 354, ii. 288. R. v. Wymondham, 6 T. R. 552. ii. 248. R. v. Birdham, 2 Bott, 607. 11. 289. R. v. St. Peter in Derby, IT. R. 218. ii. 290. R. v. Ingworth, 8T. R. 339. ii. 291. R. v. Findern, 2 Bott, 582. 605. ii. 292. R. v. Heath, 5 T. R. 583. ii. 293. R. v. Morley, 2 M. and S. 417. ii. 294. a third parish (d), he cannot gain a settlement in the parish to which the certificate is directed (e), by any act of his own (f), except by renting a tenement of the annual value of 107. (g), or by executing an annual office (h); nor can his yearly servant or apprentice (i). (d) See R. v. Petham, 2 Str. 1147. ii. 279. Harrison v. Lewis, 3 Salk. 253. ii. 278. R. v. Horsley, Burr. S. C. 385. ii. 280. (e) 18 & 14 Car. 2 c. 12, s. 3. (f) R. v. Great Driffield, 8 B. and C. 684. ii. 295. See Burclear v. Eastwoodhay, 1 Str. 163; Burr. S. C. 221. ii. 296. Ivinghoe v. Stonebridge, I Str. 266. li. 297. R. v. Stanfield, Burr. S. C. 205. ii. 135. R. v. Deddington, Str. 1193, ii. 298. R. v. Cold Ashton, Burr. S. C. 444. ii. 299. R. v. Shenstone, Burr. S. C. 468. ii. 300. R. v. Wivelingham, Doug. 767. ii. 301. R. v. Stapleford, 2 Bott, 114. ii. 302. (g) 9 & 10 W. 3. c. 11. See R. v. Findern, 2 Bott, 582. 605. ii. 292. (h) 9 & 10 W. 3. c. 11. See R. v. St. Mary, Berkhamstead, 2 Str. 942. ii. 303. R. v. Melborne, Burr. S. C. 244. ii. 304. (i) 12 Anne, st. 1. c. 18. s. 2. And see R. v. Hinkley, 4T. R. 371. ii. 305. The certificate extends, not only to the pauper and his wife (k), but to his children (whether born before or after it (1)), so long as they continue a part of his family (m); or if the children be named in the certificate, they will continue under its operation, even after they are emancipated, and become heads of families (n). But it does not extend to a child intentionally omitted in it (0); and the parties may in other respects narrow the extent of it. (k) See R. v. Hampton, 5 T. R. 266. ii. 306. (1) R. v. Sherborne, Burr. S. C. 182. ii. 307. R. v. Bray, Burr. S. C. 259. ii. 308. R. v. Letchdale, Burr. S. C. 380. ii. 309. (m) R. v. Darlington, 4 T. R. 797. ii. 310. R. v. Bugden, 1 Wils. 183. ii. 811. R. v. Thwaites, 1 M. & S. 669. ii. 312. R. v. Mortlake, 6 East, 396. ii. 313. R. v. Alfreton, 7 T. R. 471. ii. 314. And see Wingham v. Sellinge, Burr. S. C. 225, ii. 471. (n) R. v. Testerton, 5 T. R. 258. ii. 315. See R. v. Batheaston, 8 T. R. 446. ii. 316. But see R. v. Leek Wootton, 16 East, 118. ii. 317. (0) R. v. Storrington, 7 T. R. 133. ii. 318. As to the removal of certificate-men, see 8 & 9 W. 3. c. 30. s. 1 (p). (p) And see 13 & 14 Car. 2. c. 12. s. 3. R. v. Hayder, 2 Bott, 566. ii. 48. Little Kire v. Woodfall, 2 Salk. 530. ii. 319. R. v. St. Martin at Oak, 16 East, 303. ii. 55. 2. Relief: Relieving the pauper or his family, resident in another parish, is evidence (though not conclusive) of a settlement in that parish which gives the relief (q). (9) R. v. Wakefield, 5 East, 335. ii. 320. R. v. Stanley cum Wreathorpe, 15 East, 350. ii. 263. R. v. Edwinstowe, 8 B. & C. 671. But relieving a pauper resident in the parish, is no evi |