side upon it for more than forty days, it was holden that he thereby gained a settlement (c); but the residence of a remainderman, during the existence of the previous estate, will confer no settlement (d). It is no objection that the party entitled was an infant (eight years of age) at the time of his residence (e).

(c) R. v. Staplegrove, 2 B. and A. 527. ii. 1050.

(d) R. v. Ringstead, 9 B. and C. 218. ii. 1051. See R. v. Willoughby, with Sloothby, 10 B. and C. 62. ii. 1052.

(e) R. v. Hasfield, Burr. S. C. 147. ii. 1001.

The estate may consist of a house, land, &c.; but an annuity will not confer a settlement (f); nor will a mere right of common in gross, not exercised (g). The value of the estate is immaterial (h).

(f) R. v. Stockley Pomroy, Burr. S. C. 762. ii. 1009. R. v. Melborne, Burr. S. C. 244. ii, 304. See R. v. Belford, 10 B. and C. 54. ii. 1038. (g) R. v. Warkworth, I M and S. 473. ii. 1053.

(h) Harrow v. Edgware, Fol. 257. 2 Bott, 465. ii. 1006.

To acquire a settlement thus by estate, however, it is not sufficient that a man have an estate in the parish (i), but he must also reside either upon it (i), or in the same parish in which it is situate (k), during forty days (7), either consecutively, or at different times (m); a residence by his wife or family, without him, will not be sufficient (n). It is not necessary that he should actually occupy it himself; he may occupy it by his tenant (0).

(i) Wookey v. Hinton Blewet, Str. 476. ii. 1054.

(k) 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.

(1) R. v. West Shefford, Burr. S. C. 307. ii. 1055.

(m) R. v. Sowton, Burr. S. C. 125. ii. 1003. R. v. St. Nyott's, Burr. S. C. 132. ii. 1004.

(n) R. v. Aythorp Rooding, Burr. S. C. 412. ii. 66. Berkhamstead v. St. Mary, Northchurch, 2 Bott, 33. 2 Sess. Ca. 182. ii. 434.

(0) R. v. Dorstone, 1 East, 296. ii. 1037. R. v. Houghton le Spring, 1 East, 247. ii. 1000.

A certificate-man may gain a settlement in the parish to which he is certificated, by becoming entitled to an estate in it by descent or devise, &c. (p), and not by his own act (q).

(P) R. v. Shenstone, Burr. S. C. 468. ii. 300. Burclear v. Eastwoodhay, Str. 163. Burr. S. C. 221. ii. 296. R. v. Cold Ashton, Burr. S. C. 444. ii. 299. R. v. Ufton, 3 T. R. 251. ii. 1056. R. v. Stansfield, Burr. S. C. 205. ii. 135. R. v. Wivelingham, Doug. 767. ii. 301. R. v. Wobourn, Burr. S. C. 785. ii. 1030. R. v. Long Wittenham, 2 Bott, 530. ii. 1020. See R. v. Warblington, 1 T. R. 241. ii. 281.

(9) Sce R. v. Great Driffield, 8 B. and C. 684. ii. 295.

2. Estate bought by the Pauper.

Formerly there was no difference in effect between an estate bought by a man, and one which came to him by descent, devise, marriage, &c., with respect to his settlement; in both cases his residing either upon the estate, or in the parish in which it was situate, during forty days, gave him a settlement in the parish, no matter what the value of the property might be. But by stat. 9 Geo. I. c. 7. s. 5, from and after the 25th March 1723, no person shall be deemed to acquire a settlement in any parish, by reason of any "purchase" of an estate or interest in such parish, whereof the consideration shall not amount to the sum of 301., bona fide paid, for any longer time than such person shall inhabit in such estate, and shall then be liable to be removed, &c. (r). Therefore, as to estates purchased for 307. or upwards, they confer a settlement on the vendee, in the same manner as before the statute. But as to estates purchased for a less sum than 307., although the vendee or his family cannot be removed from them, whilst they actually reside upon them, even although he or they become chargeable (s), yet they confer no settlement, but the vendee's settlement remains the same as before the purchase. Nor do his children gain any settlement by them, during the vendee's life time (t). After his death, indeed, his heir or devisee may gain a settlement by the estate (u); or if the vendee be a woman, and she afterwards marry, her husband may gain a settlement by it, and she a derivative settlement from her husband (v) as already mentioned (w).

(r) See 9 Geo. 1 c. 7. s. 5.

(s) R. v. Martley, 5 East, 40. ii. 1057.

(t) R. v. Salford. Burr. S. C. 516. ii. 422.

(u) R. v. Holm East Waver Quarter, 12 East, 127. ii. 1043. (v) R. v. Ilmington, Burr. S. C. 566. ii. 1032.

(w) Ante, p. 78.

The word "purchase," in the statute, must be understood, not in its legal technical sense, but in the common acceptation of the term. Therefore a devise of an estate, or a conveyance of an estate for the consideration of

natural love and affection (x), or of that and money (y), or a mere license from the lord of a manor to build a cottage on the waste (z), or a grant of a copyhold at a quit rent without fine (a), are not purchases within the meaning of the statute; but a grant of a copyhold at a quit rent, with a fine, is (6). So, merely surrendering an old lease, and obtaining a new one, on payment of a small fine, has been holden not to be a purchase within the meaning of the statute (c). A mortgagee, however, it seems, is a purchaser within the meaning of the act (d). Even a purchase for upwards of 307., by a felon, unpardoned, has been deemed sufficient to confer a settlement (e).

(1) R. v. Marwood, Burr. S. C. 386. ii. 1012. R. v. Charlton, 2 Bott, 493. ii. 1061. R. v. Ingleton, Burr. S. C. 560. ii. 1008.

(y) R. v. Ufton, 3 T. R. 251. ii. 1056.

(z) R. v. Hagworthingham, 1 B. and C. 634. ii. 1058.

(a) R. v. Horndon-on-the-Hill, 4 M. and S. 562. ii. 1059; but see R. v. Hornchurch, 2 B. and A. 189. ii. 1060.

(b) R. v. Warblington, 1 T. R. 241. ii. 281. R. v. Martley, 5 East, 40. ii. 1057.

(c) R. v. Tarrant Launceston, Cald. 209. ii. 1015.
(d) See R. v. Stockland, Burr. S. C. 169. ii. 1050.
(e) R. v. Haddenham, 15 East, 463. ii. 428.

To gain a settlement by an estate purchased, the consideration paid for it must be 30%. at the least. Where the purchase money of a copyhold estate, together with the fine and fees to the court, amounted to 30%., it was holden sufficient (ƒ). So, any fees, &c. paid by the vendee, which ought to be paid by the vendor, may perhaps be accounted as part of the purchase money. But the sum paid by the purchaser of a copyhold estate, to his own attorney, for instructions for the surrender, power of attorney, &c. have been holden not to be part of the purchase money within the meaning of the act (g). So, money afterwards laid out in building upon the premises, cannot be deemed part of the 301. (h). Where a man purchased the residue of a term for 477., and in three years afterwards mortgaged it for 457., it was holden sufficient (i). So, where a man purchased an estate for 397., 91. of which he paid, and the remaining 30%. was paid by a friend of his by his order, for which 307. he gave his friend a mortgage on the estate in about a month after(f) St. Paul's Walden v. Kempton, Fol. 238. ii. 1062. (g) R. v. Cottingham, 7 B. and C. 603. ii. 1063. (h) R. v. Dunchurch, Burr. S. C. 553. ii. 1064. (i) R. v. Stansfield, Burr, S. C. 205. ii. 135.

wards, this was holden sufficient (k). So, where a man purchased an estate for 607. which was mortgaged for 501, and paid 107.; he afterwards paid off the mortgage with 507. which he borrowed, and on the same day gave a mortgage for the 50%. to the person of whom he had borrowed it: this was holden sufficient (/). But where a man purchased an estate for 397. which was already mortgaged for 321., and paid the 77., but never paid off the mortgage, it was holden to be in substance a purchase for 71. only, and to confer no settlement (m). And in another case, where the mortgage ultimately was paid off, but the vendee did not reside in the parish for forty days afterwards, it was holden not sufficient (n). Where the consideration expressed in the conveyance was 28. only, parol evidence was admitted to prove that 30%. was the sum actually given (0). That a part of the purchase money was paid by the overseers of the parish in which the party was before settled, will not vitiate the settlement, unless the sessions find it to have been done fraudulently (p). A settlement however is in no case gained, nor is the party irremoveable, until the purchase is completed (9). And the estate purchased, must con. sist of a present interest, and not of a remainder (r).

(k) R. v. Tedford, Burr. S. C. 57. ii. 1065. R. v. Acton Beauchamp, Burr. S. C. 326. ii. 1066.

() R. v. Chailey, 6 T. R. 755. ii. 1067.

(m) R. v. Mattingly, 2 T. R. 12. ii. 1068.

(n) R. v. Olney, I M. and S. 387. ii. 1069.

(0) R. v. Scammonden, 3 T. R. 474. ii. 1070.

(p) St. Paul's Walden v. Kempton, Fol. 238. ii. 1062.

(4) R. v. Geddington, 2 B. and C. 129. ii. 1071. R. v. Long Bennington, 2 B. and C. 132. cit. ii. 1072. R. v. Hagworthinghum, 1 B. and C. 634. ii. 1058. R. v. Llantillio Grossenny, 5 B. and C. 461. ii. 1073. K. v. Woolpit, 4 D. and R. 456. ii. 1074.

(r) R. v. Eatington, 4 T. R. 177. ii. 1075. R. v. Willoughby, with Sloothby, 10 B. and C. 62. ii. 1052.

It is now settled, that a certificate-man cannot gain a settlement by the purchase of an estate (s); although formerly ruled otherwise (t).

(s) R. v. Great Driffield, 8 B. and C. 684. ii. 295.

(t) R. v. Stansfield, Burr. S. C. 205. ii. 135. R. v. Deddington, Burr. S. C. 220, ii. 1076. Ivinghoe v. Stonebridge, Str. 265. ii. 297.

9. SETTLEMENT BY SERVING OFFICE.

If any person, who shall come to inhabit in any town or parish, shall, for himself, and on his own account, execute any public annual office or charge in the said town or parish, during one whole year, then he shall be adjudged and deemed to have a legal settlement in the same (u).

(u) 3 W. and M. c. 11. s. 6.

It must be a 66 public annual office or charge" (v). The offices of constable (w), tithingman (a), borsholder (y), hogringer (z), aleconner (a), warden of a borough (), collector of taxes (c), parish clerk (d), and sexton (e), have been holden to be annual offices within the meaning of the act. But a curate is not such a public annual officer (f); nor is the schoolmaster of a charity school, established by the charity of private individuals (g); nor, it seems, is the master or governor of the parish workhouse (h). It is not necessary that the office should be a parish office, or that the party should be elected or appointed by the parishioners (i); if he be legally appointed (k), and be a public annual officer, it is sufficient. (v) See R. v. Yalding, 3 D. and R. 352. ii. 1077. R. v. Mersham, 7 East, 167. ii. 1078.

(w) R. v. St. Maurice, in Winchester, Burr. S. C. 27. 2 Bott, 158. ii. 1079. R. v. Hope Mansel, Cald. 252. ii. 1080.

(1) Burliscomb v. Sanford Peverell, Str. 544. ii. 1081. Holy Trinity v. Garsington, Set. and Rem. 72. ii. 1082.

(3) See R. v. Wingham, Burr. S. C. 223. ii. 471.

(z) R. v. Whittlesea, 4 T. R. 807. ii. 1083.

(a) R. v. Whitchurch, Burr. S. C. 365. ii. 1084.

(b) St. Mary v. St. Lawrence, in Reading, 10 Mod. 13. ii. 1085.

(c) Bisham v. Cook, Str. 411. 2 Bott, 156. ii. 1086. R. v. Hammond, 2 Bott, 156. ii. 1087.

(d) Gatton v. Milwich, Salk. 536. ii. 1088. R. v. St. Mary, Berkhamstead, 2 Sess. Ca. 182. ii. 303. See R. v. Heptunstall, Burr. S. C. 88. ii. 1089. (e) R. v. Liverpool, 3 T. R. 118 2 Bott, 166. ii. 1090.

(f) R. v. Over, Burr. S. C. 746. ii. 1091. R. v. Wantage, 2 East, 65. ii. 1092. (g) See R. v. Melhorne, Wils. 87. Burr. S. C. 244. ii. 304.

(A) R. v. Mersham, 7 East, 167. ii. 1078. See R. v. Hambledon, 4 B. and C. 459. ii. 1093. R. v. Ilminster, 1 East, 83. ii. 1094.

(i) See the cases above cited.

(k) See R. v. Wingham, Burr. 8. C. 223. ii, 471. R. v. Winterbourn, Burr. S. C. 520. ii. 1095. Holy Trinity v. Garsington, Set. and Rem.72. ii. 1028. R. v. Hambledon, 4 B. and C. 459. ii. 1093.

He must exercise the office in the parish (7); but whe(1) See R, v. Amlwch, 4 B. and ('. 757. ii. 127.