TENEMENT (Settlement by renting)—continued. 9. Since 59 Geo. III. a Tenement must be hired for a year. By one whole year" is meant, what is in law a tenancy for a year, 558. A tenancy determinable on notice is sufficient, ib. The taking may be of a tenant from year to year, 559. A general hiring of land is a hiring for a year, ib. 10. The Tenement must be bonâ fide rated since 59 Geo. III. It must be bona fide as between landlord and tenant, and fraud by the parish If the pauper hires the tenement, the intervention of a surety cannot effect the 11. The Value, under 13 and 14 Car. II. The value being 101. has always been the same, 560. The rent is immaterial, 561; and a value greater than rent may be proved, 563. The value to be taken at the time the party comes to settle, 563; however it Therefore the value of improvement made after the taking and before the entry, So also if the improvement is made after the entry, but in consequence of a pre- But improvements agreed for, but never made, cannot form part of the value, When tenancy from year to year, the value of any year may be taken, 563. Stock on a tenement cannot be included, 561. Nor a chattel, unless itself a tenement, 565, 566 But fixtures, parcel of the freehold, may be, ib. Value arising from landlord paying taxes may be included, 567. A tenement worth less than 10%. when let by the year, but more when let weekly, A case stated the taking of a furnished room, but not the value of furniture, Cannot be proved by parol evidence of an unstamped agreement, 836. 12. Value under 59 Geo. III. &c. It must be bona fide RENTED for 10l. a year, 568. The actual value is immaterial, ib. 13. Rent must be paid under 59 Geo. III. &c. By 59 Geo. III., by the person hiring the same, 568. It must be paid before order of removal made, 569. The whole rent, whatever its amount, must be paid, 570, 571. Payment by distress, it seems, is sufficient, 570. Where the tenant died after the year expired, and the rent was paid afterwards, Rent paid by churchwarden under 6 Geo. IV., is sufficient, 572. Payment of a full rent for a year, but the year of the hiring sufficient, 573, 576. 14. Occupation under 13 and 14 Car. II. Part of the premises may be let to an under tenant, 573. Renting a tenement for 111. a year, and occupying it jointly with another per- 15. Occupation under 59 Geo. III and 6 Geo. IV. It must be occupied for a year, and where tenant died three days before year A pauper who underlets part of his house, holds within 59 Geo. III., 575. So also occupation of part of a house by tenant, and part by his lodger, satisfies But if the LAND is underlet, the occupation is defective, 580, 581. TENEMENT (Settlement by Renting)—continued. 15. Occupation under 59 Geo. III. and 6 Geo. IV.-continued. The occupation and payment need not be for the same year, 575, 576. Occupation not interrupted by the tenant being removed by an order, without The overseer telling pauper, during the year, to hold from thence of him, is no 16. The whole Tenement need not be in one Parish, under 13 & 14 Car. II. The tenement may be in different parishes, 581. And taken at different times, 582. 17. In what Parish, under 59 Geo. III. &c. The whole tenement must be in one parish, under both statutes, 582. 18. Who may acquire this Settlement. A foreigner may, 583. Also a soldier on duty, living in barracks, ib. Also a certificated person, ib. A deserter cannot, by means of a tenement taken by his wife, 522, 523. 19. Residence under 13 & 14 Car. II. A residence of forty days, in the parish where a part of the tenement lies, is Forcible removal, within forty days, prevents settlement, 584, though tenant's In case of forcible removal by fraud, it might be otherwise, 584. Absence on business, but family continuing, would not be an interruption, it Imprisonment in the parish where the tenement is, is sufficient, 585, 586. If the tenement is in different parishes, the settlement is where the tenant If the residence, during last forty days, is in different parishes, the settlement The forty days' residence must be complete before 59 Geo. III., to give settle- 20. Residence under 59 Geo. III., &c. Residence for forty days sufficient, as before, 587. 21. Evidence relating to. See EVIDENCE. Value of cannot be proved by parol evidence of an unstamped agreement, 836. Secus, under 6 Geo. IV. c. 57, 839. Presumption of tenancy cannot be rebutted without producing written agree- General taking of, is a taking for a year, 837. TOLL-KEEPER. Cannot gain a settlement by renting toll-house, or tolls of turnpike road, or navi- But he may by renting other land in the same parish, 529. TOLLS. Per se are not rateable, 104, 106. Are a tenement within 13 & 14 Car. II. 526, 527. Whether any interest will pass without deed, 529, 530, n. Of tin without risk, rateable, 73, 74. TOWNSHIP OR VILL. Synonymous with vill, village and hamlet, 10, 12. A place having many neighbouring houses may be a vill, though not imme- A place having a constable is a vill, ib. So an extra-parochial place by statute, 12. Scites of cathedrals, inns of court, &c., are not necessarily vills, 11, 12. Overseers may be appointed for, 8. Several may re-unite after separation, 821. Provision respecting vestries extended to township, 208. A place may cease to be a vill by destruction of all the houses, 711, 712. Persons settled there have no settlement, ib. Are within the equity of the statute for taxing in aid, 160. K. B. will inquire by affidavit if a vill or not, 12. Secus when so found by sessions, ib. A place created a, is such only prospectively, 712, 713. May be appointed by guardians. See GUARDIAN. TRUSTEE AND CESTUI QUE TRUST. Residence by, will give a settlement, 601. Trustees for public purposes, without surplus, are not rateable, 59. TYTHING-MAN. Office of, is within 3 & 4 W. & M. c. 11, s. 6, 641, 643. V. VAGRANT. Pass of, 727, 731, 732, 733. See REMOVAL. P'erson returning after removal is a, 758. Person having wife and children chargeable, is a, 172. VALUE. Annual part only of annual rent, 127. Material and not the rent, under 13 & 14 Car. II., 561. Immaterial, but rent material, under 6 Geo. IV., 568. The annual, and not the value if let weekly, 568, to be considered, 567. VESTRIES, PARISH, (not Select.) Statute relating to, 205. Notice of place, hour, and purpose to be given three days before, in church on If no church or chapel, or no service, notice to be given in the usual manner, 208. Rector, &c., to be chairman, 210. If not present, chairman to be appointed by plurality of votes, 205. VESTRIES, PARISH, (not Select)—continued. Chairman to have casting vote, ib. Minutes to be entered and signed, ib. Persons rated in respect of rents, value or profit of annual value of 501., entitled No one to have more than six votes, ib. Where by custom the vote is made according to ability, the inhabitants vote per So also as to the removal of a master appointed under a private charity by Persons becoming inhabitants, or liable to be rated since the last rate, may vote, Persons neglecting to pay rates not to be present or vote, till rates paid, ib. So also owners of houses rated, ib. Clerk or agent of corporations may vote, 209, 210. The act extends to townships, 208. not to alter time for holding vestries specially directed, or special vestries, Act of vestry may be rescinded by a subsequent one, 210. requires no confirmation by a subsequent one, ib. VESTRIES (Select). Statutes relating to, 210, &c. By the appointment of it, the whole management of the poor is delegated to Select vestry established by custom, not affected by this statute, 211, 213. Though the inhabitants may, 212. Parishes may appoint not more than twenty, nor less than five, householders or Rector, &c. to be chairman, ib.; in his absence the curate, if resident and Vacancies to be supplied, 211. Vestry to continue till fourteen days after the next appointment of overseers, ib. Meetings and duties, ib. Overseers, except in emergencies, to give no relief except ordered by select Any justice, on refusal by select vestry of relief, may summon overseer before Justice, on emergency, to order relief till next select vestry meets, ib. Minutes of select vestry to be kept in books, signed and reported to general Two general vestries to be held every year, ib. Notice to be given of vestry for establishing select vestry, or electing members, ib. Justices to act within respective jurisdictions, ib. Majority of churchwardens and overseers to act, ib. Statute 22 Geo. III. c. 83, not affected by this statute, ib. Select vestry cannot be appointed by a faculty from bishop, 214. Form of appointment of select vestry, ib. VESTRYMEN. Personal responsibility of, 210. VICARS. Rateable by name in 43 Eliz., 68. VISITOR. Of workhouse, when parishes incorporated, 218, 219. VILL. See TOWNSHIP. VOID AND VOIDABLE. Contract of an infant for his own benefit is voidable only at his option, 327. When order of removal, 741. U. UNDERWOOD. See SALEABLE UNDERWOODS. W. WAGES. Reservation of, when the only evidence of hiring, control duration of the contract, WAGGON WAY. Exclusive possession of, makes it rateable, 88. Secus if mere easement, ib. WARDEN. Of a borough, office of, is within 3 & 4 W. & M. c. 11, s. 6, 640. WATERING PLACE. Residence at, by a servant with his master for pleasure, gives servant a settle- WARREN. Is a tenement within 13 & 14 Car. II., 525, 531. Are not "tenements."" As to their rateability. See GAS-PIPES (92.) WAY LEAVES. See WAGGON WAYS. WEEKLY. Wages. See WAGES. Payments are due at the beginning of the week, 179. With a child, is not properly next of kin, 598, 599. Is a person unmarried within 3 W. & M. c. 11, s. 7, 320. WIFE. Follows her husband's settlement, 312. See MARRIAGE. Evidence of being, by cohabitation, may be rebutted by herself, 803. Affected by adultery, husband not bound to maintain her. Rex v. Hinton. Ar- PENDIX. Pregnant with bastard is removable, 716, 717. Cannot gain a settlement by residence on her husband's estate, 632. Nor on her own, her husband being absent, 635, 636. But is not removable from it, 716. As to her removal generally, see REMOVAL (2.) WITNESS. No person rated, or holding an office in a parish, is an incompetent witness, 793. |