some days in another, during the last forty days, the parish in which he sleeps during the last night of his service, is his place of settlement (i), provided he have slept there the remaining thirty-nine nights at some former period during his service. So, apprentices to seafaringmen, lodging on board ship, gain their settlement in that parish in which the ship lay during the last entire forty days they slept on board (k); or if the ship lay in different parishes or townships during the last forty days of the service (1), or the apprentice lodged partly on board and partly on shore, then he would gain his settlement in the parish or township in which he slept the last night of his service, provided he had slept there the remaining thirty-nine nights at some former period during his ser vice. But where an apprentice, who usually lodged with his master in A., was in the habit of lodging with his parents in B. on Saturday night and Sunday with his master's knowledge, left his master's service on a Saturday (before the expiration of the indenture), lodged with his parents at B. on the Saturday night and Sunday, but never afterwards returned to his master: it was holden that Friday night must be deemed the last night that he lodged during his service under the indenture, and that consequently his settlement was in A. and not in B. (m). So, where an apprentice, serving a person in another parish with the consent of his master, and lodging there, returned to his master's parish without his master's knowledge, slept there one night, and then absconded, it was holden that he had gained no settlement in the master's parish by thus sleeping there the last night, for his service under the indenture had then ceased (n).

(i) R. v. Sandford, 2 Bott, 398. ii. 811. R. v. Brighthelmstone, 5 T. R. 188. ii. 812. R. v. Ribchester, 2 M. and S. 135. ii. 813. R. v. Iddesleigh, 4 D. and R. 332. ii. 814. See Missenden v. Grimsfield, Fol. 157. ii. 815. See also 6 Geo. 3. c. 25. s. 1.

(k) R. v. Brotton, 4 B. and A. 84. ii. 816. St. Mary Colechurch v. Radcliffe, 2 Bott, 391. Str. 60. ii. 817. And see R. v. Topsham, 7 East, 466. ii. 126.

(1) R. v. Burton Bradstock, Burr. S. C. 531. ii. 818.
(m) R. v. Ribchester, 2 M. and S. 135. il. 813.
(n) R. v. Smarden, 13 East, 452. ii. 819.

And if the apprentice lodge in a different parish or township from his master, his service must be actually or constructively going on, to enable him to gain a settlement during the time; but otherwise, if he lodge with, or in the same parish or township with, his master.

Therefore, if an apprentice lodge in another parish on account of illness (0), or the like (p), and perform no service for his master there, he gains no settlement by his inhabitancy in that parish; but if he work for his master during the time, although not at his trade, it is otherwise (9); or if he lodge with, or in the same parish or township with his master, he will gain a settlement in that parish or township by the binding and inhabitancy, even although he be disabled from working by illness (r). Where the master and apprentice were both in the local militia at B. during the last forty days, the apprentice was holden to have gained his settlement at B. (s). But where the apprentice, not being wanted by his master, went back to school, it was holden that as his residence at school had no reference to his apprenticeship, it was not such an inhabitancy as would confer a settlement within the meaning of the statute (t). Also, no person shall be deemed to gain a settlement by reason of resi dence in any parish, whilst detained there as a prisoner on civil process, or for a contempt (u).

(0) R. v. Barmby in the Marsh, 7 East, 381. ii. 820. And see R. v. Titchfield, Burr. S. C. 511. ii. 821.

(P) R. v. Brotton, 4 B. and A. 84. ii. 816. And see R. v. Ilkestone, 4 B. and C. 64. ii. 822.

(q) R. v. Stratford-upon-Avon, 11 East, 176. ii. 823.

(r) R. v. Charles, Burr. S. C. 706. ii. 824.

(s) R. v. Chelmsford, 3 B. and A. 411. ii. 825.

(t) R. v. St. Mary Bredin, 2 B. and A. 382. ii. 826. (u) 54 Geo, 3. c. 170. s. 4.

The service under the indenture, during the forty days inhabitancy, must be, either with the master himself; or with some other person by the master's directions, the master receiving the earnings (v); or with some person in particular, with the consent of the master, express or implied, to serve that particular person, although the master is not to receive his earnings (w), provided the service be such as can be deemed a service under the in

(v) R. v. Offerton, Burr. S. C. 802. ii. 827.

(w) St. Olave's v. All Hallows, 8 Mod. 169. Stra. 354. ii. 828. R. v. St. George's, Hanover Square, Burr. S. C. 12. ii. 829. R. v. East Bridgeford, Burr. S. C. 133. ii. 830. R. v. Clapham, Burr. S. C. 266. ii. 831. R. v. Tavistock, Burr. S. C. 578. ii. 832. R. v. Stockland, Doug. 70. Cald. 60. ii. 833. R. v. Langham, Cald. (26. ii. 834. R. v. Holy Trinity in the Minories, 3 T. R. 605. ii. 835. R. v. Barlestone, 5 B. and A. 780. ii. 336. R. v. Bradninch, 2 Bott, 430. ii. 837. R. v. St. Mary, Lambeth, 2 Butt, 431. ii. 838. R. v. Chipping Warden, 8 T. R. 108. ii. 839. R. v. Sheb. bear, I East, 73. ii. 840. R. v. Bradstone, 2 Bott, 434. ii. 841. See R. v. St. Paul's, Bedford, 6 T. R. 452. ii. 842. R. v. Fremington, Burr, S. C. 416. ii. 843.

denture (x). But serving another, without the knowledge or consent of the master; or with the knowledge of the master, hut without his consent (y); or under a mere general license to the apprentice, to serve whom he chooses (z): will not confer a settlement. So, if the indentures be regularly assigned, a service with the second master (a), or with any other person with his special assent (6), will gain a settlement. So, if an apprentice be bound to one person, with intent to serve another, his serving the other will be a good service under the indenture (c). But if the indenture be cancelled or destroyed with the assent of all the parties (d), or (after the apprentice has attained the age of twenty-one) by agreement between the apprentice and his master (e), it is then at an end, in the same manner as if the term of the apprenticeship had then expired; and the same, if the indenture be given up (ƒ), or otherwise put an end to (g). So, the death of the master determines the apprenticeship (h). So, if the apprentice be duly discharged from his indentures by the order of justices, either upon the complaint of the master or apprentice (i), or on ac(1) See R. v. Shipton, 8 B. and C. 88. ii. 844. R. v. Sandford, 1 T. R. 281. ii. 845. R. v. Christowe, 11 East, 95. ii. 846. See R. v. Chick, Burr. S. C. 782. ii. 847.

(y) R. v. Whitchurch, 1 B, and C. 574. ii. 848. R. v. St. Helen, Stonegate, 1 East, 285. ii. 849. R. v. Ashby-de-la-Zouch, 1 B. and A. 116. ii. 850. R. v. Crediton, 1 East, 59. ii. 851. R. v. Ideford, Burr. S. C. 821. ii. 852.

(z) R. v. Bow, 4 M. and S. 383. ii. 853. R. v. St. Luke's, Middlesex, Burr. S. C. 542. ii. 854. R. v. Brecon, Nol. 165. ii. 855. R. v. Notton, Burr, S. C. 629. ii. 856. R. v. Chick, Burr. S. C. 782. ii. 847.

(a) St. Petrox v. Stoke Fleming, Burr. S. C. 250. ii. 857. R. v. Barlestone, 5 B. and A. 780. ii. 836. See R. v. Barnsley, 1 M. and S. 377. ii. 858. See 32 Geo. 3. c. 57, s. 7, and sch. D. and E.

(b) R. v. East Bridgeford, Burr. S. C. 133. ii. 830. R. v. Tavistock, Burr. S. C. 578. ii. 832.

(c) Holy Trinity v. Shoreditch, Str. 10 1 Sess. Ca. 112. ii. 859. (d) R. v. Weddington, Burr. S. C. 766. ii. 722.

(e) R. v. Ecclesal Bierlow, Burr. S. C. 562, ii. 860. R. v. Langham, Cald. 126. ii. 834. R. v. Austrey, Burr. S. C. 441. ii. 861. R. v. Wigston, 3 B. and C, 484. ii. 862. And see R. v. Sandford, 1 T. R. 281. ii. 845. R. v. Skeffington, 3 B. and A. 382. ii. 863.

(f) R. v. St. Mary Kalendar, Burr. S. C. 274. ii. 864. R. v. Titchfield, Burr. S. C. 511. ii. 821. See R. v. Sandford, I T. R. 281. ii. 845. And see R. v. Notton, Burr. S. C. 629, 1 Bott, 613. ii. 856; and R. v. Thursley, 6 Mod. 190. ii. 865. semb. cont.

(g) R. v. Harberton, 1T. R. 139. 2 Bott, 409. ii. 866. See R. v. Chipping Warden, 8 T. R. 108. ii. 839.

(h) R. v. Eakring, Burr. S. C. 320. ii. 128. See 32 Geo. 3. c. 57. s. 2. and seh. B. and C., as to parish apprentices; and R. v. Sheepshead, 15 East, 59. ii. 867.

(i) See 5 Eliz. c. 4. s. 35. 20 Geo. 2. c. 19. s. 3. 33 Geo. 3. c. 55. s. 1. 4 Geo. 4. c. 29. s. 1. Hawkesworth v. Hillary, 1 Saund. 315. ii. 868. R. v. Gately, Salk. 471. ii. 869. R. v. Johnson, Salk. 68. ii. 870, R. v. Heaseman, Str. 1014. ii, 871.

count of the insolvency of the master (k), or on account of the master of a parish apprentice removing from the parish (1), or for the idiocy of the apprentice (m), &c. the apprenticeship is thereby dissolved. But the bankruptcy of the master does not of itself operate as a dissolution of the apprenticeship (n); nor does the mere fact of the apprentice leaving his master, and going into the service of another, with or without the consent of his master (0). (k) See 32 Geo. 3. c. 57. s. 8.

(1) See 56 Geo. 3. c. 139. s. 8.

(m) Anon. Skin. 114. ii. 872. See R. v. Hales Owen, Str. 99. ii. 873. (n) R. v. Buckington, 2 Ld. Raym. 1352. Str. 582. 2 Bott, 402. ii. 874. See 32 Geo. 3. c. 57. s. 8.

(0) Ashcroft v. Bertles, 6 T. R. 652. ii. 875. R. v. Hindringham, 6T. R. 557. ii. 876. R. v. St. Luke's, Middlesex, Burr. S. C. 542. ii. 854.

7. SETTLEMENT BY RENTING A TENEMENT.

By stat. 13 and 14 Ch. 2. c. 12. s. 1, poor persons coming to settle in a tenement under the yearly value of 107., may [if they become actually chargeable (p)] be removed to the parish where they were last legally settled, unless they give security for the discharge of the parish. This was the origin of the settlement by renting a tene

ment.

(p) 35 G. 3. c. 101. s. 1. See ante, p. 9, 10. R. v. Ampthill, 2 B. and C. 847. ii. 46.

And by stat. 59 G. 3. c. 50, after the 2d July, 1819, no person shall acquire a settlement in any parish or township, by reason of his dwelling for forty days in any tenement rented by him, unless such tenement shall consist of a house or building within such parish or township, being a separate and distinct dwelling-house or building, or of land within such parish or township, or of both, bona fide hired by such person at and for the sum of 101. a year at the least, for the term of one whole year; nor unless such house or building shall be held, and such land occupied, and the rent for the same actually paid, for the term of one whole year at the least, by the person hiring

the same; nor unless the whole of such land shall be situate within the same parish or township as the house wherein the person hiring such land shall dwell and inhabit.

And lastly, by stat. 6 Geo. 4. c. 57, (repealing the above stat. 59 Geo. 3. c. 50,) no person, after the 22d June 1825, shall acquire a settlement in any parish or township, by reason of settling upon, renting, or paying parochial rates for, any tenement, not being his 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, in such parish or township, at and for the sum of 107. 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 107. actually paid, for the term of one whole year at the least: provided always, that it shall not be necessary to prove the actual value of such tenement.

Having stated thus the statutes by which this species of settlement is regulated, we shall now proceed to consider,1st, the nature of the tenement; 2d, the party entitled to the settlement by reason of it; and, 3d, the residence of the party in the parish,-as required under the above statute of Charles 2, and since the recent statutes 59 Geo. 3. c. 50, and 6 Geo. 4. c. 57, above mentioned.

1. As to the Tenement.

may be neces

1. As to the nature of the tenement: It sary to premise, that the stat. 13 and 14 Ch. 2. c. 12. s. 1. has reference to tenements only which the party rents or holds of other persons, and not to the party's own freehold.

Under this statute of Charles, the tenement was not confined to a house in which the party might reside or settle, but the statute was holden to extend to other buildings, and to land, and to every matter of profit arising out of land, which the party might hold as tenant: for instance, a watermill (9); windmill (r); shop (s); stable (1); (9) Evelyn v. Rentcombe, 2 Salk. 536. ii. 880.

(r) R. v. Butley, Burr. S. C. 107. ii. 881. See R. v. Londonthorpe, 6 T. R. 377. ii. 882.

(s) R. v. St. Giles's in the Fields, Burr, S. C. 798 ii. 883.

(t) R. v. St. Margaret's, Fish Street Hill, Burr. S. C. 677. ii. 884.