to whom it is let as tenant (7), is the person who gains the settlement, although a surety be taken for the rent (m), or although the credit be given to another for the whole (n), or part of it (o). It was not necessary, formerly, that there should be an express contract between the parties (p); but under the recent statutes, from the 2d July 1819, there must be an actual hiring or renting of the tenement (9).

(1) See R. v. Llandverras, Burr. S. C. 571. ii. 971. R. v. Maghull, Cald. 429. 2 Bott, 187. ii. 972.

(m) R. v. Butley, Burr. S. C. 107. ii. 881.

(n) R. v. Chediston, 4 B. and C. 231. ii. 942.

(0) R. v. Hove, 4 East, 362. ii. 949.

(P) See R. v. Aldborough, East, 597. ii. 945. R. v. Netherseal, 4 T. R. 258. ii. 946.

(9) See ante, p. 66, 71.

A soldier, whilst at barracks, took a house for himself and family, at a rent exceeding 107. a year, and resided there forty days: it was holden, that he thereby gained a settlement ("). But where a house was taken by a soldier's wife in his absence, and he afterwards deserted, and concealed himself in the house for forty days, no settlement was gained by it (s).

(r) R. v. Brighthelmstone, 1 B. and A. 270. ii. 982.

(8) R. v. Ashton-under-Lyne, 4 M. and S. 357. ii. 983.

A foreigner might formerly have gained a settlement by renting a tenement (t). And it should seem that he may do so yet, notwithstanding the recent statutes; for although he is now obliged to hire or rent the tenement, and this cannot legally be done by a foreigner, (except by a foreign merchant for the purpose of his residence,) yet as the term would vest in him until office found, such a title, and residence under it, would probably be deemed sufficient to confer a settlement.

(t) R. v. Eastbourne, 4 East, 103. ii. 473.

A certificate-man, by taking a lease of a tenement of the value, or at the rent required, as already mentioned, may gain a settlement in the parish or township to which he is certificated (u).

(a) 9 & 10 W. 3. c. 11. R. v. Stapleford, 1 Sess. Ca. 414. 2 Bott, 114. ii. 928. R. v. Framlingham, Burr. S. C. 748. ii. 978. R. v. Bowling, Burr. S. C. 177. ii. 984. R. v. Findern, Cald. 426. 2 Bott, 582. ii. 985. R. v. Croft, 3 B. and A. 171. ii. 986.

No collector, or person renting tolls on turnpike roads,

or residing in the toll-house, shall thereby gain a settlement (). But he may gain a settlement by renting another tenement in the same parish or township (w).

(v) 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.

(w) R. v. Denbigh, 5 East, 333. ii. 915.

Prisoners in the King's Bench prison, or the rules thereof, shall not gain a settlement in the parish of St. George the Martyr, by renting a tenement there (a); nor shall prisoners in any prison gain a settlement by renting a tenement within the district, &c. within which they are confined on any civil process, or for contempt (y).

(x) 23 Geo. 3. c. 23. s. 1.

(y) 54 Geo. 3. c. 170. s. 4. See St. Margaret's, Westminster, v. St. Martin's, Ludgate, 2 Bott, 97. Str. 924. ii. 987. R. v. St. George the Martyr, in Southwark, 7 T. R. 466. ii. 988.

No person, by residence in any house, &c. within the forest of Alice Holt, shall gain a settlement in the parish of Binsted, in the county of Southampton (z). And persons residing in any house or dwelling provided for them by any charitable institution, shall not thereby gain a settlement (a).

(z) 52 Geo. 3. c. 72. s. 8.

(a) 54 Geo. 3. c. 170. s. 6.

3. As to the Residence required.

Under the statute of Charles, there must have been a residence for forty days, not necessarily upon the tenement (6), but within the parish or township in which it, or some part of it, was situate (c). If the tenement were entire, and one part were situate in one parish and another in another, the settlement would be in that parish in which the dwelling-house was situate, or in which the tenant actually resided (d). So, if the tenement consisted of several parcels, one in one parish or township, another in another, in one of which parishes or townships the tenant resided, the settlement would be in that parish or township in which the tenant resided (e); and if he had

(b) R. v. Kenardington, 6 B. and C. 70. ii. 989.

(c) R. v. Topcroft, Cald. 478. 2 Bott, 145. ii. 990. R. v. Knighton, 2 T. R. 48. ii. 991. R. v. Dilwyn, Burr. S. C. 54. ii. 992.

(d) South Sydenham v. Lamerton, 1 Str. 57. ii. 932. St. John's v Amwell, 1 Str. 529. ii. 933.

(e) See R. v. Fritwell, 7 T. R. 197. ii. 950.

lodged forty days in each of two or more respectively, then the parish in which he slept or lodged the last night during the occupancy, was the place of his settlement (ƒ). If he removed, or were removed even forcibly, from his tenement, before the forty days have elapsed, he gained no settlement (g), even although his wife and family resided there the remainder of the forty days (h), unless indeed he returned and resided (i). Where a butcher occupied stalls in a market for nineteen weeks, but he was allowed access to them only two days in each week, the market being shut up the remaining five, this was holden to be Ian occupation for thirty-eight days only (k). Where a man and his wife resided sixteen days on a tenement, and the man then died, and his widow afterwards resided on the same tenement thirty-three days: it was holden that the residence during her widowhood, could not be coupled with the sixteen days residence during her husband's lifetime, so as to give her a settlement (7).

(f) R. v. Lowess, Burr. S. C. 825. ii. 698. R. v. St. Mary, Lambeth, 8 T. R. 240. ii. 993. R. v. Ringwood, 1 M. and S. 381. ii. 976. (g) R. v. Llanbedergoch, 7 T. R. 105. ii. 994.

() R. v. St. George the Martyr, Southwark, 7 T. R. 466. ii. 988. R. v. St. Mary, Lambeth, 8 T. R. 240. ii. 993. See R. v. Leeds, Burr. S. C. 524. ii. 67. semb. cont.

(i) R. v. Fillongley, 2 T. R. 709. ii. 58.

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

(1) R. v. South Lynn, 5 T. R. 664. ii. 995.

Also, under the stat. 59 Geo. 3. c. 50, it seems that it is not necessary that the party should reside upon the tenement; if he reside forty days in the parish in which the tenement is situate, it is sufficient (m). And the same perhaps under stat. 6 Geo. 4. c. 57. s. 2.

(m) R. v. Wainfleet All Saints, 8 B. and C. 227. ii. 996.

Where the tenement is sufficient under the statute of Charles, but not under the recent acts, it must appear that the forty days residence had expired before the 2d July, 1819, when the stat. 59 Geo. 3. c. 50. began to operate, otherwise no settlement will be gained by it (n). (n) R. v. St. Mary-le-Bone, 4 B. and A. 681. ii. 997. R. v. Brighthelmstone, 1 D. and R. 313. ii. 998.

4. Fraud, Effect of.

If there appear to be fraud in the taking, &c. it will defeat the settlement (o). But the court will not presume (0) R. v. Woodland, 1 T. R. 261. ii. 999.

fraud; the sessions must state it (p); and if the sessions state it to be fraudulent, it is conclusive (q).

(P) R. v. Fillongley, 2 T. R. 709. ii. 58. See ante, p. 54. (9) R. v. Llanwinio, 4 T. R. 473. ii. 161.

Special Case. The special case must describe the nature of the tenements (r).

(r) R. v. North Bedburn, Cald. 452. 2 Bott, 101. ii. 973.

8. SETTLEMENT BY ESTATE.

Formerly, if a man resided on his own estate (s), or even elsewhere in the parish in which it was situate (1), he could not be removed from it; and his residing there irremoveable during forty days, was holden to confer a settlement (u). This led to many frauds; for as the value of the estate was in this respect inmaterial (v), poor persons were in the habit of purchasing small estates for trifling sums, for the very purpose of gaining a settle ment, and thereby became permanent burthens to the parish in which such estates were situate. To prevent this, it was enacted by stat. 9 Geo. 1. c. 7. s. 5, that no person shall be deemed to acquire a settlement by virtue of any purchase of an estate, unless the consideration amount to 301. And thus the law stands at present. In treating of this mode of settlement more minutely, we shall consider it under the following heads: 1st, where the estate is acquired by descent, devise, &c. or in any other manner than by buying it; and, 2dly, where the estate has been bought by the party.

(s) R. v. Houghton-le-Spring, 1 East, 247. ii. 1000.

(t) R. v. Hasfield, Burr. S. C. 147. ii. 1001. Ryslip v. Harrow, 2 Salk. 524. ii. 1002. R. v. Sowton, Burr. S. C. 125. ii. 1003. R. v. St. Nyott's, Burr. S. C. 132. ii. 1004.

(u) R. v. Brington, 7 B. and C. 546. ii. 1005. See Harrow v. Edgeware, Fol. 257. 2 Bott, 465. ii. 1006. R. v. Leeds, Burr. S. C. 524. ii, 1007. (v) See Harrow v. Edgeware, Fol. 257. 2 Bott, 465. ii. 1006.

1. Estate by Descent, Devise, &c.

The estate may be freehold or copyhold (w); may be holden either in fee simple, fee tail, for life (x), for years (y), from year to year (z), or by tenant by the curtesy (a), or tenant in dower (b); and may be holden either in severalty, coparcenary (c), joint tenancy, or in common (d). The party also may enjoy it in his own right, or as guardian in socage (e), mortgagee (ƒ), mortgagor (g), executor (h), administrator (i), &c. It may come to him by descent (k), devise (1), by marriage (m), by conveyance for the consideration of natural love and affection (n), or in any other manner than by buying it (0). Nor is it necessary that the party should have a strictly legal title; if he have an equitable interest, such as a court of equity would as of course execute, it is sufficient (p). So, if a woman be entitled to an estate in

(w) Harrow v. Edgeware, Fol. 257. 2 Bott, 465. ii. 1006. R. v. Ingleton, Burr. S. C. 560. ii. 1008.

(1) See R. v. Stockley Pomroy, Burr. S. C. 762. ii. 1009.

(y) Mursley v. Grandborough, Str. 97. ii. 1010. R. v. Sundrish, Burr. S. C. 7. ii. 1011. R. v. Marwood, Burr. S. C. 386. ii. 1012. See R. v. Widworthy, Burr, S. C. 109. ii. 1013. R. v. St. Mary, Whitechapel, Burr. S. C. 55. ii. 1014. R. v. Tarrant Launceston, Cald. 209. ii. 1015.

(z) R. v. Stone, 6 T. R. 295. ii. 1016.

(a) See R. v. Great Farringdon, 6 T. R. 679. ii. 1017.

(b) R. v. Painswick, Burr. S. C. 783. ii. 1018. See R. v. Northweald Bassett, 2 B. and C. 724. ii. 1019. R. v. Long Wittenham, 2 Bott, 530. ii. 1020.

(c) R. v. Dorstone, 1 East, 296. ii. 1021.

(d) R. v. Brington, 7 B. and C. 546. ii. 1005.

(e) R. v. Oakley, 10 East, 491. ii. 1022. See R. v. Toddington, 1 B. and A. 360. ii. 1023. R. v. Wilby, 2 M. and S. 504. ii. 1024.

(f) See R. v. Stockland, Burr. S. C. 169. ii. 1027.

(g) See R. v. Edington, 1 East, 288. ii. 1025. See also R. v. Tarrant Launceston, 3 East, 226. ii, 1026.

(h) R. v. Sundrish, Burr. S. C. 7. ii. 1011. R. v. Uttoxeter, Burr. S. C. 538. ii. 1028. R. v. Stone, 6 T. R. 295. ii. 1016.

(i) Mursley v. Grandborough, Str. 97. ii. 1010.

(k) Ashbrittle v. Wyley, Str. 608. ii. 1029. R. v. Great Farringdon, 6 T. R. 679. ii. 1017.

(1) See R. v. Woburn, Burr. S. C. 785. ii. 1030.

(m) Mursley v. Grandborough, Str. 97. ii. 1010. R. v. Brungwyn, 2 Bott, 483. ii. 1031. R. v. Ilmington, Burr. S. C. 566. ii. 1032. R. v. Offchurch, 3 T. R. 114. ii. 455.

(n) R. v. Ingleton, Burr. S. C. 560. ii. 1008. R. v. Marwood, Burr. S. C. 386. ii. 1012. See R. v. Sawbridgworth, Burr. S. C. 56. ii. 1033. semb. cont. (0) See R. v. Owersby le Moor, 15 East, 356. ii. 1034. R. v. Brungwyn, 2 Bott, 483. ii. 1031.

(p) See R. v. Wivelingham, Doug. 767. ii. 301. R. v. Offchurch, 2 T. R. 114. ii. 455. R. v. Lopen, 2 T. R. 577. ii. 1035. R. v. Catherington, 3T. R. 771. ii. 1036. R. v. Darlington, 5 M. and S. 493. ii. 1037, R. v. Belford, 10 B. and C. 54, ii, 1038.