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dence of a settlement in that parish (r), even although
(T) R. v. Chadderton, 2 East, 27. ii. 322.
3. Order of removal unappealed against : If a former order, valid and acted upon (t), be not appealed against, it is conclusive evidence of the pauper's being then legally settled in the parish to which he has been removed (u), and of all the other facts stated in the order (0); and not only as to the party removed, but also as to all future derivative settlements (w), where the children, &c. have not acquired a settlement elsewhere (x). And it is thus conclusive, not only between the original parishes (y), but others also (Z).
(t) R. v. Chilverscoton, 8 T. R. 178. ii. 115. R. v. Llanrhydd, Burr. s. C. 658. ii. 162. R. v. Swalcliffe, 2 Bott, 678. ii. 324. R. v. Fillongley, 2 T. R. 709, ji. 58.
(u) Spitalfields v. Bromley, 2 Bott, 671. ii. 325. R. v. Silchester, Burr. S.C. 551. ii. 326 R. v. Kenilworth, 2 T. R. 598. ii, 327. Malendine v. Hunsdun, Fol. 273. ii. 328. Chalbury v. Chipping Farringdon, 2 Salk. 488. ii. 329. K. v. Leverington, Burr. S. C. 276. ii. 330. R. v. Beckswell, Burr. S. C. 168. ii. 331. R. v. Towcester, 2 Bott, 679. ii. 332. See R. v. Leigh, Doug. 46, Cald. 59. ii. 333. R. v. Rudgeley, 8 T. R. 620. ii. 334,
(2) R. v. Woodchester, Burr. S, C. 191, 2 Str. 1172, ii. 335. R. v. Hinx. worth, Cald. 42. ii. 336. R. v. North Featherton, I Sess. Ca. 154. ii. 337. R. v. Binegar, 7 East, 377. ii. 338.
(w) R. v. St. Mary, Lambeth, 6 1. R. 615. ii. 339. R. v. Southowram, IT.R. 353. ii. 340.
(1) R. v. Catterall, 6 M. & S. 83. ii. 341. (y) See R. v. Kirby Stephen, 2 Boit, 675. Burr. S. C. 664. ii. 342, (Z) R. v. Corsham, 11 East, 388. ii. 343. R. v. Ealing, 2 Butt, 678. ii. 344. Alderton v. Felingtoe, 2 Bott, 691. ii. 345.
II. By Direct Evidence of the Settlement. 1. Former Order appealed against, and confirmed or
quashed. If an order of removal be confirmed upon appeal, it is conclusive evidence of the then place of settlement, as between the appellant parish and all others (a), but not as between other parishes (6). If quashed, it is conclusive only between the parties (c), provided the decision be
(a) Harrow v. Ryslip, 2 Salk. 524. ii. 346. Little Bitliam v. Somerby, I Str. 232. ii. 347. 'Mynton v. Stoney Stratford, 2 Salk. 527. ii. 348. See R. v. Sarratt, Burr. s.c. 73. ii. 349.
(0) See Harrow v, Ryslip, 2 Salk. 524 ii. 346. .(c) K. v. Bishopswalton, Fol. 275. ii. 350. Cirencester v. Coln St. Ald. wins, Burr. S. C. 17. ii. 351. St. Michael's, Beddington, v. Kingston Bowsey, 2 Salk. 486. ii. 352. Foston v. Carleton, I Str. 567. ii. 353. R. v. Bentley, Burr. S. C. 425. ii. 354. R. v. Leigh, Doug. 46. Cald. 59. ii. 333. See R. v. Brandenham, Burr. S. C. 394. ii. 355.
upon the point of settlement (d); and therefore, if quashed for want of forın, it is not conclusive (e).
(d) R. v. Osgathorpe, Burr. S.C. 261. ii. 356. R. v. Knaptoft, 2 B. & C. 883. ii, 357. R. v. Wheelock, 5 B. & C. 511. ii. 358. See Mungerhunger 1. Warden, Set. & Rem. 160, ii. 359.
(e) R. v. St. Andrew, Holburn, 6 T. R. 613. ii. 360. R. v. Peuge, Nol. 176. ii. 361.
2. SETTLEMENT BY BIRTH.
1. As to legitimate children : their place of birth (s), or first known place of abode (g), may be deemed primá facie their place of settlement. This, however, is the case only until the parish find the father's place of settlenient (h); if they never find that, or if he have none, then the last place of settlement of the mother shall be the settlement of the child (i); or if neither the father nor the mother have a settlement, or their settlement be not known, the place of the birth or abode, as above mentioned, is conclusive (k). But a legitiinate child born whilst its parents are residing under a certificate (1), or born whilst its mother is a prisoner, or in a lying-in hospital (m), is not settled where it is born; so if the mother, at the time of the birth, were confined in the workhouse of an incorporated district, the child shall be deemned to be born in the parish from which the mother was sent (n).
) R., Woodford, 2 Bott, 17. ii. 362. R. v. Heaton Norris, 6 T. R. 653. ii. 363. R. v. Whixley, 2 Bott, 18. ii. 364. Whitechapel v. Stepney, Carth. 433. ii. 365. Spitalfields v. St. Andrew, Holborn, Fort. 307. ii. 366. R. v. Luckington, Comb. 380. ii. 367.
(8) Anon. Dalton, 168. 2 Bott, 16. ii. 368. But see R. v. Trowbridge, 7 B. and C. 252. ii. 369.
(h) Cripplegate v. St. Saviour's, Fol. 265. ii. 370. R. v. St. Giles's, I Sess. Ca. 18. ii. 371.
(i) See post, P: 36; and see Shadwell v. St. John's, Wapping, Burr. 3. C. 122. cir. ii. 372. Tynton v. King's Norton, 2 Bott, 31. ii. 373.
(k) See Cripplegate v. St. Saviour's, Fol. 265. ii. 370, supra. (1) See ante, p. 29.
(m) 54 Geo. 3. c. 170. s. 2. (n) 54 Geo. 3. c. 170. 8. 3.
See stat. 59 Geo. 3. c. 12. s. 33, as to paupers, &c. born in Scotland or Ireland, or in the isles of Man, Jer
sey or Guernsey (who have not obtained a settlement), and their families, when chargeable (0).
(0) See R. v. Carleton, Burr. S. C. 818. ii. 70. R. v. Eltham, 5 East, 113. ii. 65. R. v. Great Clacton, 3 B. and A. 410. ii. 87. R. v. Leeds, 4 B. and A. 498. ii. 69. R. v. Whitehaven, 5 B. and A. 720. ii. 62.
2. As to bastards : the general rule is, that their place of birth is their place of settlement (p). But if a woman be delivered of a bastard in another parish than that in which she is settled, by collusion or fraud (9), or if, after order of removal of the mother, and before removal, the bastard be born (r), or be born whilst removing (s), or after removal, and the order be afterwards quashed upon appeal (t), or be born whilst the mother is in prison (u), or in a lying-in hospital (v), or in a poor-house or house of industry for incorporated districts, &c. (w); in these cases the bastard shall not be deemed to be settled in the parish in which it is born, but in the place of the mother's settlement, &c. (x). A bastard born in an extraparochial place, has no settlement by birth or parent
(P) Whitechapel y, Stepney, Carth. 433. ii. 365. .K. v. Spitalfields, Ld. Raym. 567. 11. 374. R. v. St. Peter's Worcestershire, Burr. S. C. 25. ii. 375. R. v. Lubbenham, 4 T. R. 251. ii. 276. R. V. Astley, 2 Boit, 10. ji. 876.
(9) Tewkesbury v. Twining, Bulst. 349. ii. 377. R. v. Landinabae, Str. 476. ii. 378. See Masters v. Child, 3 Salk. 66. ii. 379.
(r) R. v. Icleford, 1 Sess. Ca. 32. ii. 380. 35 Geo. 3. c. 101. s. 6. (8) R. v. Jane Grey, Set. and Rem. 41. ii. 381.
(1) Westbury v. Coston, 2 Salk. 532. ii. 382. Boreham v. Waltham, Carth. 397. ii. 383. Much Waltham v. Peram, 2 Salk. 474. ii. 384.
(u) 54 Geo. 3. c. 170. s. 2; and see Suckley v. Whithorn, 2 Bulst. 358 ii. 385. Elsing v. Hereford, 1 Sess. Ca. 99. ii. 386.
(0) 13 Geo. 3. c. 82. s.5, 9. 54 Geo, 3. c. 170. s. 2. See R. v. Manchester, 4 B. and A. 504. ii. 387.
(w) 54 Geo. 3. c. 170. s. 3. 20 Geo. 3. c. 136. s. 2. 22 Geo. 3. c. 83. s. $9. See R. v. St. Peter's, Cald. 213. ii. 388.
(1) See the several authorities above referred to.
A bastard born whilst the mother resides in another parish under a certificate, is settled where born (z), unless the certificate undertake to provide for the woman and her child, she being then pregnant (a).
(2) R. v. Hilton, Burr. S. C. 187, 2 Str. 1168. ii. 390. R. v. Mathon, 71. R. 362. ii. 273.
(a) R. v. Ipsley, Burr. S. C. 650. ii. 271. See R. v. Wyke, Burr. S.C. 284. ii. 391.
A bastard however cannot be removed to a different settlement from its mother, whilst a nurse child, that is, until seven years of age (6), but if chargeable, the parish where it is settled shall furnish the mother with means for its support (c).
(0) Skeffreth v. Walford, 2 Sess, Ca. 89. ii. 76. See R. v. Bucklebury, IT. R. 164, ii. 158.
(c) Darlington v. Hemlington, 2 Bott, 9. Cald. 6. ii. 77. Simpson v. Johnson, I Doug. 7. ii. 392. Shermandbury v. Bolney, Carth. 279. ii. 78.
The place of birth will be sufficiently proved, by an examined copy of the register of baptism, and by evidence of identity (d); or it may be proved by any person who knows the fact.
(d) R, v. Creech St. Michael's, Burr. S. C. 765. ii. 393.
And, to establish the fact of legitimacy or bastardy, the following observations on the evidence necessary to prove inarriage, birth, legitimacy, and bastardy, must be attended to.
Marriage in England (except between Quakers or E Jews), is by banns or license: by banns, persons of any
age may be married; by license, those only who are of age, unless they have the consent of father, guardian, or mother, &c. (e). Banns or license, by the names by which the parties are known, although not their true naines, will be sufficient (f). But it is not necessary, in order to prove a marriage, to prove every particular requisite solemnity to have been observed (g); it is sufticient to prove the marriage in fact, either by one of the parties, or by some other person who was present at the solemnization (h), or by the production of an examined copy of the registry, and such evidence of identity (such as the hand-writing of the parties to the register, their paying the bell-ringers, giving a wedding dinner, or the like), as inay satisfy the court (i): in which case the court will presume that every other necessary solemnity has been
(e) See the Marriage Acts, 4 Geo. 4. c. 76. 5 Geo. 4. c. 32. 6 Gev. 4. c. 92. See R. v. Prestun, Burr. S. C. 436. I W. Bl. 192. ii. 394. Hodnett, 1 T. R. 96. ii. 395. Horner v, Lidiard, 1 Nol. P. L. 266. ii. 396. Priestley v. Hughes, 11 East, I. ii. 397. But see R. v. Birmingham, 8 B. & Č. 29. ii. 398. As to marriages previous tu the old Marriage Act, see R. v. Luffington, Burr. S. C. 232. ii. 399,
(1) R. v. Burton-upon-Trent, 3 M. & S. 537. ii. 400. R. v. Billingshursi, 3 M. & S. 250. ii. 401. K. v. St. Faith's, Newton, 3 D. & R. 318.
(5) St. Devereux v. Much Dewchurch, Burr. S. C. 506. I W. Bl. 367. i. 403. See Morris v. Miller, 4 Burr. 2057. I W. Bl. 632. ii. 404. (1) See Goodright v. Moss, Cowp.591. ii. 405, (i) Bull. N. P. 27, 28.
i Phil. Ey. 4th ed. 408.
obserred; and it will then rest with the other party to rebut the presumption, by proving that no banns were published (k), or the like. So, an order of removal, stating B. to be the wife of A., if unappealed against, is conclusive evidence of the marriage (i). So, if a certificate state B. to be the wife of A., the legality of the marriage cannot afterwards be controverted by the certifying parish, as between that parish and the parish to which the certificate is directed (m). Even cohabiting together as man and wife, for any considerable length of time, is deerned sufficient presumptive evidence of a marriage, in settlement cases, so as to throw the cnus of proof to the contrary on the opposite party (n).
(k) Standen v. Standen, Peak. N. P. C. 32. ii. 406. (l) R. v. Binegar, 7 East, 377. ii. 338. R. v. Woodchester, Burr. S. C. 191. 2 Str. 1172. ii. 335. R. v. North Featherton, 1 Sess. Ca. 154. ii. 337. R. v. Silchester, Burr. S. C. 551. ii. 326. R. v. Beckswell, Buri, S. C. 168. 2 Bott, 69, ii 331.
(m) R. v. Headcorn, 2 Bott, 70. ii. 270. R. v. Ullesthorpe, 8 T. R. 465. ii. 274.
(n) See R. v. Stockland, Burr. S. C. 508. ii. 407.
Marriage in Scotland, even between English subjects who go there for the purpose (o), being merely a civil contract, is proved either by express evidence of the contract, or by evidence of the admission of it by both parties, or presumptively by cohabitation and being reputed man and wife (p).
(0) Crompton v. Bearcroft, Bull. N. P. 113. ii. 408.
() See Dalrymple v. Dalrymple, Haggard's Reports, 54. il. 409. Ilderton v. Ilderton, 2 H. Bl. 145. ii. 410.
Marriage in a foreign country, if good by the laws of the country, is valid here (9); and, upon proof of a marriage de facto, the court will presume it to have been Jegal, unless the contrary be shewn (r).
Lacon v. Higgins, 3 Stark. 178. ii. 411.
The marriage may be impeached, hy proving that either of the parties was previously married, and that the first wife or husband was living at the time of the second marriage (8). (s) See Westbrooke v. Stratville, I Str. 79. ii. 413. R. v. Twining,
2 B. & A. 386, ii. 414.
Birth may be proved by an examined copy of the