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 (6). (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.

(o) 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 101. 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.

1. As to the nature of the tenement: It may be necessary 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.

a stall in a market (u); land for the planting of potatoes (v) ; aftermath (w) ; a cattlegate (a); right of common in gross (y); the pasture of land (≈); the feeding of cows (a), sheep (b), &c. if they are to be fed upon the land (c); a dairy, or the right of milking certain cows (d), if the cows are to be fed upon land (e), and the land necessary for them be of the value of 107. per annum (f); a coney warren (g); the fishery of a pond, with the right of taking rushes, flags, &c. from it (h), or the right alone of taking rushes, flags, &c. from a pond (i), or the right of taking sand from the ́bed of a river, where the soil is private property (k): have all respectively been holden tenements, which would confer a settlement. So, renting the tolls of a market (1), or other tolls (m), not being the tolls of a turnpike road (n), would confer a settlement. But hiring steam power, or the mere use of certain machinery in a mill, is not renting a tenement so as to confer a settlement (o). So, pur. chasing by auction growing corn nearly ripe, and cutting it, has been holden not to confer a settlement (p).

(u) R. v. Caversham, 4 B. and C. 683. ii. 885.

(v) R. v. Shenstone, Burr. S. C. 474. ii. 886.

(w) R. v. Brampton, 4 T. R. 348. ii. 887. R. v. Stoke, 2 T. R. 451. ii. 888.

(x) R. v. Whixley, 1 T. R. 137. ii. 889.

(y) R. v. Dersingham, 7 T. R. 671. ii. 890.

(z) R. v. Minchinhampton, Burr. S. C. 316. Str. 874. ii. 891.

(a) R. v. Benneworth, 2 B. and C. 775. ii. 892. R. v. Cherry Willingham,

1 B and C. 626. ii. 893. R. v. Hollington, 3 East, 113. ii. 894. R. v. Minster, 3 M. and S. 276. ii. 895.

(b) See R. v. Bardwell, 2 B. and C. 161. ii. 896.

(c) R. v. Bardwell, 2 B. and C. 161. ii. 896. R. v. Sutton St. Edmunds, 1 B. and C. 536. ii. 897. R. v. Tisbury, 2 Nol. 19. ii. 898. R. v. Thornham, 6 B. and C. 733. ii. 899.

(d) R. v. Piddletrenthide, 3 T. R. 772. ii. 900. R. v. Tolpuddle, 4 T. R. 671. ii. 901. R. v. Stoke-upon-Trent, 10 East, 496. ii. 902. See R. v. Lockerly, Burr. S. C. 315, ii. 903. cont.

(e) R. v. Oswald Twissel, 1 B. and C. 538. cit. ii. 904. R. v. Darley Abbey, 14 East, 280. ii. 905.

(f) R. v. Minworth, 2 East, 198. ii. 906.

(g) Kinver v. Stone, Str. 678. ii. 907. R. v. Piddletrenthide, 3 T. R. 772. ii. 900.

(h) R. v. Old Alresford, 1 T. R. 358. ii. 908.

(i) R. v. All Saints, Cambridge, 1 B. and C. 23. ii. 909.

(k) R. v. All Saints, Derby, 5 M. and S. 90. ii. 910.

(1) R. v. Chipping Norton, 5 East, 239. ii. 911.

(m) R. v. Bubwith, I M. and S. 514. ii. 912. See R. v. North Duffield, 3 M. and S. 247. ii. 913.

(n) 3 Geo. 4. c. 126. s. 51. 13 Geo. 3. c. 84. s. 56; and see 54 Geo. 3. c. 170. s. 5. R. v. Elvet, 11 East, 93. ii. 914. R. v. Denbigh, 5 East, 333. ii. 915. (0) R. v. Mellor, 2 East, 189. ii. 916. R, v. Dodderhill, 8 T. R. 449. ii. 917. R. v. Tardebigg, 1 East, 528. ii. 918.

(p) R. v. Bowness, 4 M. and S. 210. ii. 919.

But now, by 59 Geo. 3. c. 50, from and after the 2d

July 1819, the tenement inust consist of a dwelling-house or building, or of land, or of both (q).

Also by 6 Geo. 4. e. 57, from and after the 22d June 1825, the tenement must consist of a dwelling-house or building, or of land, or of both (7).

(9) See 59 Geo. 3. c. 50. See R. v. Tonbridge, 6 B. and C. 88. ii. 920. (r) See 6 Geo. 4. c. 57. s. 2.

2. Formerly, the tenement might consist of lodgings, or a portion of a house, having an entrance in common with the landlord (s). But now, since the 2d July 1819, the tenement, if a dwelling-house or building, must be a separate and distinct dwelling-house or building (t).

(s) R. v. St. George's, Hanover Square, Burr. S. C. 692. ii. 921. R. v. St. Giles's in the Fields, Burr. S. C. 798. ii. 883. R. v. Whitechapel, 2 Bott, 100. ii. 922.

(t) 59 Geo. 3. c. 50. 6 Geo. 4. c. 57. s. 2. See R. v. North Collingham, I B. and C. 578. ii. 923.

3. Under the statute of Charles, also, the tenement need not have been one and entire, but might have consisted of several and distinct tenements, holden of different landlords (u); and if one were in one parish, and another in another (v), or if an entire tenement lay in different parishes (w), it would have been sufficient. But an occupation as tenant, could not be coupled with an occupation as landlord or freeholder (a). On the other hand, if two or more occupied as joint tenants, &c., and their moieties respectively were of the value of 10. annually each, each of them might thereby gain a settlement (y); otherwise not (z); or if one rented 57. in severalty, and 107, in joint tenancy, &c. with another, it would confer a settlement (a).

(u) North Nibley v. Wotton-under-Edge, Set. and Rem. 86. 2 Bott, 112. ii. 924. R. v. St. Margaret, Fish Street Hill, Burr. S. C. 677. 2 Bott, 118. ii. 884. Awre v. Newnham, Burr. S. C. 756. ii. 925.

(v) R. v. Donington, Burr. S. C. 744. 2 Bott, 118. ii. 926. R. v. Sandwich, Burr. S. C. 44. ii. 927. R. v. Stapleford, 2 Bott, 114. 1 Sess. Ca. 414. ii. 928. R. v. St. Lawrence, in Winchester, Burr. S. C. 588. ii. 929. R. v. Fillongley, 1 T. R. 458. ii. 930. R. v. Culmstock, 6 T. R. 730. ii. 931.

(w) South Sydenham v. Lamerton, 1 Str. 57. 2 Bott, 128. ii. 932. St. John's v. Amwell, Str. 529. ii. 933. Elsted v. Hollibourne, Str. 849. 2 Bott, 113. ii. 934.

(x) R. v. St. John's, Glastonbury, I B. and A. 481. ii. 935. R. v. South Bemfleet, 1 M. and S. 154. ii, 936.

(y) R. v. Duns Tew, Burr. S. C. 398. ii. 937. R. v. Seamer, 6T. R. 554. ii. 938.

(2) Croft v. Gainsford, 2 Bott, 129. ii. 939. R. v. Marden, Burr. S. C. 311. ii. 940.

(a) See R. v. Kniveton, Burr. S. C. 499. ii. 491.

the tenement were holden jointly by two or more, all would gain settlements, if the portion of each was of the value of 107. or upwards (z); but not otherwise («). So, if a man took a tenement of the value of 10%. a year, and underlet a part (b), or even the whole (c) of it, he would thereby gain a settlement. And if the value of the tenement were enhanced to 10%., by the house, &c. being furnished (d), or the land cropped or tilled (e), or the taxes paid (ƒ) by the landlord, this would not prevent the settlement. But a weekly value amounting to 107. in the year, would not have been sufficient, if the value by the year, at a yearly letting, would not have amounted to 101. (g).

(z) R. v. Duns Tew, Burr. S. C. 398. ii. 937. R. v. Seamer, 6 T. R. 554. ii. 938. See R. v. Newnham, Burr. S. C. 756. ii. 970.

(a) Croft v. Gainsford, 2 Bott, 129. ii. 939. R. v. Marden, Burr. S. C. 311. ii. 940. R. v. Kniveton, Burr. S. C. 499. ii. 941.

(b) R. v. Lakenheath, 1 B. and C. 531. ii. 943. R. v. Llandverras, Burr. S. C. 571. ii. 971. See R. v. Newnham, Burr. S. C. 756. ii. 970. (c) R. v. Maghull, Cald. 429. 2 Bott, 137. ii. 972.

(d) R. v. Whitechapel, 2 Bott, 100. ii. 922. See R. v. North Bedburn, Cald. 452. 2 Bott, 101. ii. 973. And see R. v. Londonthorpe, 6 T. R. 377. ii. 882.

(e) R. v. Purley, 16 East, 126. ii. 974. R. v. West Cramore, 2 M. and S. 132. ii. 975. R. v. Ringwood, 1 M. and S. 381. ii. 976.

(f) R. v. St. Paul's, Deptford, 13 East, 320. ii. 977. R. v. Framlingham, Burr. S. C. 748. ii. 978.

(g) R. v. Hellingly, 10 East, 41. ii. 979.

But under the recent statutes, there must be a rent amounting to 107. a year at least, contracted for and paid (h); and by 6 Geo. 4. c. 57. s. 2, it is provided that in cases of settlements acquired by renting a tenement after the 22d June, 1825, it shall not be necessary to prove the actual value of the tenement. Under the stat 59 Geo. 3. c. 50, if a man rented a tenement at 10%. a year, and underlet a part, this would gain a settlement, in the same manner as under the statute of Charles (i); but it may be doubted, perhaps, whether this is the case under the stat. 6 Geo. 4. c. 57. s. 2.

(h) Vide supra.

(i) R. v. Ditcheat, 9 B. and C. 176. ii, 980. confirmed by R. v. Bentley, H. 1830. MS. ii. 981.

2. As to the Party entitled to the Settlement.

The person who actually occupies the tenement (k), or (k) See R. v. Chediston, 4 B. and C. 231. ii. 942.