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ther the office extend to the whole parish, or to part of it only (m), or to that parish and several others (n), is immaterial. If the office extend to several parishes, the party gains the settlement in that parish in which he resides (o).

(m) R. v. Whitchurch, Burr. S. C. 365. ii. 1084. R. v. Fittleworth, Burr. S. C. 238. ii. 1096.

(n) R. v. St. Maurice, in Winchester, Burr. S. C. 27. ii. 1079. St. Mary v. St. Lawrence, in Reading, 10 Mod. 13. ii. 1085. R. v. Liverpool, 3 T. R. 118. ii. 1090.

(0) R. v. St. Maurice, in Winchester, Burr. S. C. 27. ii. 1079. St. Mary v. St. Lawrence, in Reading, 10 Mod. 13. ii. 1085. R. v. Liverpool, 3 T. R. 118. ii. 1090. See R. v. Amlwch, 4 B. and C. 757. ii. 127. R. v. Hambledou, 4 B. and C. 459. ii. 1093.

He must not only be appointed for a year, but he must exercise the office for one whole year (p); serving for two half-years, at different times, (although by custom the party was to serve the office for half a year only,) was holden insufficient (g). Nor is the party irremoveable during the time he is serving the office; and if he become chargeable, and be removed before his year of office expires, he gains no settlement (r). So, if he be discharged from his office, although wrongfully, before his year of office expires, he gains no settlement (s). Whether he must reside in the parish during the whole year, has never been decided; but at all events he must reside there forty days during his year of office, as in other cases of settlement.

(p) R. v. Bow, 8 T. R. 445. ii. 1097.

(q) R. v. Cold Ashton, Burr. S. C. 444. ii. 299.

(r) R. v. Fittleworth, Burr. S. C. 238. ii. 1096.

(s) R. v. Holy Cross, Westgate, 4 B. and A. 619. ii. 1098.

And he must serve the office "for himself and on his own account," and not as deputy to another (t). The office of assistant overseer, elected and appointed under stat. 59 Geo. 3. c. 12, however, will confer a settlement; for it is in fact a substantive office (u). The principal, who serves by deputy, will, it seems, gain a settlement (v).

(t) R. v. Allcannings, Burr. S. C. 634. ii. 1099. R. v. Winterbourn, Burr. S. C. 520. ii. 1095.

(u) R. v. Lew, 8 B. and C. 655. ii. 1100.

(v) R. v. Hope Mansel, Cald. 252. ii. 1080.

A certificate-man may gain a settlement in this way (w). (w) 9 & 10 W. 3. c. 11. See Holy Trinity v. Garsington, Set, and Rem. 72. ii. 1082, R. v. St. Maurice, in Winchester, Burr. S. C. 27. ii. 1079.

10. SETTLEMENT BY PAYING TAXES.

By stat. 3 W. and M. c. 11. s. 6, if any person, who shall come to inhabit in any town or parish, shall be charged with and pay his share towards the public taxes or levies of the said town or parish, then he shall be deemed to have a legal settlement in the same (x).

(1) 3 W. and M. c. ll. s. 6.

The taxes and levies here mentioned, are not confined to parochial taxes (y), such as the poor rate (z), church rate (a), and others, but also include the land-tax (6), and every other general and public rate or tax which the substantial inhabitants of the town or parish are bound by law to pay (c), with the exception of the scavengers rate and highway rate (d), and the duties on houses and windows (e), which are specially excepted by statute. So, 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 payment of taxes for a tenement there (ƒ).

(y) See R. v. Bramley, Burr. S. C. 75. ii. 1101.

(z) See R. v. Corhampton, Doug. 621. ii. 1102.

(a) R. v. St. Bees, 9 East, 203. ii. 1103.

(5) R. v. Bramley, Burr. S. C. 75. ii. 1101. R. v. Mitcham, Cald. 276. ii. 1104.

(c) See R. v. Bramley, Burr. S. C. 75. ii. 1101; but see R. v. Christchurch, London, 8 B. and C. 660. ii. 1105.

(d) By 9 Geo. 1. c.7. s. 6.

(e) 43 Geo. 3. c. 161. s. 59.

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

The party must both be charged with (g), and pay (h), the tax or rate; if he pay, without being rated, it is insufficient (¿); or if one be rated, and another pay, neither (g) Sealon Tongall v. Worplesdon, 2 Sess. Ca. 122. ii. 1106. Kinver v. Kingswinford, Fol. 120. ii. 1107. R. v. Friendsbury, Burr. 644. ii. 710. R. v. St. Cuthbert's, Burr. S. C. 817. ii. 1108. R. v. Carshalton, Burr. S. C. 809. ii. 1109. R. v. Stanlake, Burr. S. C. 627. ii. 1110. R. v. Warblington, Burr. S. C. 787. ii. 1111. R. v. Sarratt, Burr. S. C. 73. ii. 349. R. v. Bramshaw, Burr, S. C. 98. ii. 125. R. v. Chew Magna, Cald. 365. ii. 1047. R. v. Lower Walton, Burr. S. C. 100. ii. 1112. R. v. Heckmondwicke, Doug. 564. ii. 1113. R. v. Llaugammarch, 2 T. R. 628. ii. 1114. See R. v. Painswick, Burr. S. C. 465. ii. 115. R. v. Walsall, Cald. 35. ii. 1116. R. v. Stapleton, Burr. S. C. 649. ii. 1117. R. v. Corhampton, Doug. 621. ii. 1102. R. v. Coppull, 2 East, 25. ii. 1118. R. v. Issey, Burr. S. C. 826. ii. 1119.

(h) R. v. Weobly, 2 East, 68. ii. 1120. See R. v. Bridgwater, 3 T. R. 550. ii. 1121.

(i) R. v. Edgbaston, 6 T. R. 540. ii. 1122. R. v. St. John's, Southwark, Doug. 225. ii. I123.

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gains a settlement (k). Whether he be regularly charged or not (1), or whether he have paid taxes for a whole year, or for part only (m), or whether after paying, his landlord or other person repay him (n), is immaterial.

(k) Sealon Tongall v. Worplesdon, 2 Sess. Ca. 122. ii. 1101. Kinver v. Kingswinford, Fol. 120. ii. 1107. R. v. Sarratt, Burr. S C.73. ii. 349. R. v. Bramshaw, Burr. S. C. 98. ii. 125. R. v. Lower Walton, Burr. S. C. 100. ii. 1112. R. v. Heckmondwicke, Doug. 564. ii. 1113. See R. v. Folkestone, 3T. R. 505. ii. 1124. R. v. Rainham, 5 T. R. 240. ii. 1125.

(1) St. Giles Cripplegate v. St. Mary, Newington, 19 Vin. Abr. 386. ii. 1126. See R. v. Mitcham, Cald. 276. ii. 1104.

(m) R. v. Bramley, Burr. S. C. 75. ii. 1101.

(n) R. v. Openshaw, Burr. S. C. 522. ii. 1127. R. v. Fulham, Burr. S. C. 488. ii. 1128. R. v. Chidingfold, Burr. S. C. 415. ii. 1129. R. v. Okehampton, Burr. S. C. 5. ii. 1130. R. v. Axmouth, 8 East, 383. ii. 1131.

He must be residing in the parish, at the time he is so charged; if he reside in one parish, and be rated in another by reason of a tenement he has in the latter, he gains no settlement (o). And he must have resided there forty days (p), as in other cases of settlements.

(0) R. v. St. Michael, at Thorn, 6 T. R. 536. ii. 1133. (P) R. v. Ringstead, 7 B. and C. 607. ii. 1134.

And thus the law, with respect to this mode of settlement, remained, until the year 1795, when by stat. 35 Geo. 3. c. 101. s. 4, it was enacted, that from and after the passing of that act (22d June, 1795), no person shall gain a settlement in any parish, township, or place, by being charged with and paying his share towards the public taxes or levies of such parish, &c. "for or on account or in respect of any tenement or tenements, not being of the yearly value of ten pounds (g)." This had the effect of rendering this mode of settlement nearly obsolete; for if the tenement were of the annual value of 10%., the party gained a settlement by renting it, as has been already mentioned (†), whether he paid taxes or not. And thus the law remained until the year 1819 (2d July), when this mode of obtaining a settlement was again revived, by the stat. 59 Geo. 3. c. 50. altering the law relating to settlements by renting a tenement (s); for a man might be rated and pay taxes for a tenement of the yearly value of 10., and yet, from

(q) See 35 Geo. 3. c. 101. s. 4. R. v. St. Dunstan, Kent, 4 B. and C. 686. ii. 1134. R. v. Penryn, 5 M. and S. 443. ii. 1135. See R. v. Uffculme, Burr. S. C. 430. ii. 1136. R. v. Worth, Burr. S. C. 90. ii. 1137. R. v. Islington, 1 East, 283. ii. 1138.

(r) Ante, p. 66.

(s) See ante, p. 66, &c.

not having occupied it one whole year (t), or other circumstance, he might not have gained a settlement under the stat. 59 Geo. 3. c. 50. It was again, (22d June, 1825,) however, nearly extinguished, by stat. 6 Geo. 4. c. 57. s. 2, by which it was enacted that no person shall acquire a settlement in any parish or township maintaining its own poor, by or 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 10%. 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 10%., actually paid, for the term of one whole year at the least (u).

(t) R. v. St. Pancras, 2 B. and C. 122. ii. 1139. (u) See ante, p. 67, &c.

It is remarkable that the above stat. 35 Geo. 3. c. 101. s. 4, seems to extend only to cases where the taxes have been paid in respect of a tenement; and the stat. 6 Geo. 4. c. 57, only to cases where parochial rates have been paid in respect of a tenement.

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CHAPTER II.

APPEAL AGAINST A RATE.

ANY person aggrieved by a rate, or objecting to any persons being put in or left out of the rate, or to the sum charged on any person therein, or by any thing done or omitted by the overseers or justices, may appeal to the next quarter sessions, upon giving reasonable notice to the churchwardens or overseers; or, if reasonable notice have not been given, the justices may adjourn the appeal to the next quarter sessions (a).

(a) 17 Geo. 2. c. 38. s. 4.; and see 43 Eliz. c. 2. s. 6. As to the right to inspect a rate, see 17 Geo. 2. c. 3. s. 2, 3; and see 17 Geo. 2. c. 33. s. 13, 14.

The appeal must be to the sessions of the county, riding, division, corporation, or franchise, in which the parish is situate (b); except that in corporations or franchises, not having more than six justices, nor having jurisdiction or authority over two or more whole parishes or wards contained within such corporation or franchise, the appeal may then be to the next general or quarter sessions of the county, &c. if the appellant think fit (c). This latter provision, however, does not extend to any city or town corporate, being a county of itself (d).

(b) 17 Geo. 2. c. 38. s. 4.

(c) 1 Geo. 4. c. 36. See 17 Geo. 2. c. 38. s. 5; and see R. v. JJ. of Essex, 5 M. and S. 513. ii. 1140. R. v. Taunton, Fost. 325. ii. 1141, (d) 1 Geo. 4. c. 36.

It must be to the next general quarter sessions (e) ; that is, to the next practicable sessions (f), after allow(e) R. v. JJ. of London, 15 East, 632. ii. 1142. R. v. Coode, 1 Bott, 276. ii. 1143. See 43 El. c. 2. s. 6. 17 Geo. 2. c. 38. s. 4.

(f) R. v. Atkins, 4 T. R. 12. ii. 1144. R. v. JJ. of Sussex, 15 East, 206. ii. 1145. R. v. Hendon, 2 D. and R. 249. ii. 1146; and see ante, p. 19.

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