Page images
PDF
EPUB

Fifthly, of notice as the statute requires ? Has there been such a waiver ? In this Appeals, 8c. case, the original notice, which was served eleven days before the com

mencement of the sessions, merely stated that the appellant would object to thirty-five items or charges of payment, which he specified. On what grounds he would object he did not state. The day after the sessions commenced, being the day before their adjournment day, the attornies for the appellant and respondents agreed to admit, that all the payments objected to were in fact made, but that three of them were for debts contracted in prior years, not for debts contracted for the service of the year to which the accounts referred, and the respondents agreed to produce the original accounts and vouchers regarding the items objected to. The sessions expressed no opinion as to the notice, but thought these admissions a waiver of all objections to it. As to the waiver, the statute expressly provides that the sessions shall not examine or enquire into any ground of appeal not specified in the notice, with this single exception only, of consent by the overseers, signified by them or their attorney in open court: and we think that the statute has excluded, and intended to exclude, all questions of waiver in any other way, and that as there was no such consent as the statute requires, we cannot enter into the question of any other species of waiver. Then can it be said that this notice states and specifies the particular causes and grounds of appeal? It states only, that the appellant will object to thirty-five items or charges of payment; but why? It may be because they are false items, that they have not been paid; it may be, because they ought not to have been paid; it may be, because though paid, and rightly paid, they ought not to be brought in charge against the parish, but ought to be borne personally by the overseers. And where a notice is general, and leaves it uncertain upon which of several possible grounds of objection an item is questioned, can we say that it states and specifies a particular ground? We think not. Then, will the admissions supply the defect in this notice, not as a waiver, but as making it a good notice in itself. The statute prescribes no form of notice; it specifies no time within which it shall be delivered: ano its only object being that the respondents may know distinctly what objections they are prepared to meet; and so long as that knowledge is fairly communicated to them in writing, it may be thought, that the mode in which it is communicated is immaterial. But it can never be supposed that the respondents' attorney meant, by entering into these admissions, to waive any other objections, which would otherwise have been open to him; his authority would be to uphold the rights of the respondents, not to give them up; and where the statute requires notice in writing to be left at the place of abode of the persons on whom it is to be served, we think we ought not, except upon very clear grounds, to allow it to be dispensed with.” Order of sessions quashed.

A notice of appeal against overseers' accounts, merely stating that the

party intended to try his appeal against the accounts, on the grounds and the appellant is a for the reasons thereinafter set forth, and then specifying the items against party aggrieved

which he intended to appeal, and the objection he intended to make against or a parishioner. each item, was held to be sufficient, although it was not stated, that the

party intending to appeal was a rated inhabitant of the parish, or a party aggrieved. The right of appeal given by 17 Geo. II. c. 38, s. 4, against overseers' accounts, is not within the principle of the decisions upon

the 55 Geo. III. c. 68, s. 3, relating to highways ; for, although the same language to a certain extent is found in both, yet the former statute, in addition to giving an appeal to the “party aggrieved," extends the right to “ any person who shall have any material objection to the accounts.”—Lord Tenterden added, If it should turn out that he is a mere stranger, the court of quarter sessions may refuse to hear him. Rex v. Justices of Somersetshire, 7 B. ff C. 681.

A clear week's notice is usually considered “ reasonable,” and will satisfy able notice.

the statute, unless by the practice of the particular sessions a longer notice is required, or there are peculiar circumstances in the case, which may induce the justices to adjourn the appeal to the following sessions. 2 Nol. P. L. 525; Steer's Par. L. 416; and see ante, Vol. I., title, appeal.

It is not necessary to state in the notice, that

What is a reason

V. Of the Settlement of the Poor.
This branch of the poor laws is divisible under the following heads :-
First, Of Settlements in General.
Secondly,

by Birth. Thirdly,

by Parentage, and herein of Emancipation. Fourthly,

by Marriage. Fifthly,

by Hiring. Sixthly,

by Apprenticeship. Serenthly,

by Renting a Tenement. Eighthly,

by Estate. Ninthly,

by Office. Tenthly,

by Payment of Rates. Eleventhly,

by Acknowledgment by Certificate. Twelfthly,

by Relief. Thirleenthly,

by Removal unappealed against.

(First)-Of Settlements in General. (a) “By the term settlement, is to be understood a permanent indestructible right to take the benefit of the poor laws in a parish or place which maintains its own poor.”—Gambier on Par. Sett. 1.

“ A settlement is the right acquired in any one of the modes pointed out by the poor laws, to become a recipient of the benefit of those laws, in that parish or place, which provides for its own poor, where the right has been last acquired. It is not forfeitable, and may be communicated from person

First, Of settlements in

general.

Definition of a settlement.

(a) The law relating to the binding or rates ; notwithstanding any such jusand ordering of parish and other appren- tice or justices of the peace is or are tices, is stated under title, Apprentices, rated to or chargeable with the taxes, Vol. I. The filiation and maintenance levies, or rates within any such parish, of bastard children is also given in Vol. township, or place affected by any such I., see title, Bastards. And the laws act or acts of such justice or justices as by which the ordering of servants and aforesaid.” other workmen is regulated, will be found Sect. 2 enacts, “ That no act or acts, under title, Servants, Vol. V. matter or matters, thing or things, which

Whatever relates to the settlement of hath or have been before the making this the individuals of any of these classes act done, made, or executed by any such will be here treated of under the proper justice or justices of the peace, shall heads.

hereafter be quashed or declared void, As the Poor Laws, and especially because the same hath or have been so those parts which relate to settlements, made, done, or executed by any such are administered chiefly by the magis- justice or justices so rated or chargeable tracy of the kingdom, it may be conve- as aforesaid ; any law, usage, or custom nient to repeat in this place the 16 Geo. whatsoever to the contrary notwithstandII. c. 18, which enacts, s. 1, " that it shall ing." and may be lawful to and for all and Sect. 3 provides, " That this act, or every justice or justices of the peace for any thing therein contained, shall not any county, riding, city, liberty, fran- authorize or impower any justice or juschise, borough, or town corporate within tices of the peace for any county or ridtheir respective jurisdictions, to make, ing at large, to act in the determination do, and execute all and every act or of any appeal to the quarter sessions for acts, matter or matters, thing or things any such county or riding, from any appertaining to their office as justice or order, matter, or thing relating to any justices of the peace, so far as the same such parish, township, or place, where relates to the laws for the relief, main- sueh justice or justices of the peace is tenance, and settlement of poor persons; or are so charged, taxed, or chargeable for passing and punishing vagrants; for as aforesaid; any thing herein contained repair of the highways; or to any other to the contrary in any wise notwithlaws concerning parochial taxes, levies, standing."

How to be set.

First, Of to person notwithstanding an attainder, which works a forfeiture of most settlements in civil rights. Rex v. St. Mary, Cardigan, 6 T. R. 116. Though it ceases, general. and is destroyed for ever in the parish or place where it once existed, upon

the acquisition of the same right in any other such parish or place.”

By the earliest statute on this subject (12 Rich. II. c. 7) in which punishment was awarded against beggars able to serve, and provision made for impotent beggars, the poor were to repair, in order to be maintained, to the places where they were n. By 11 Hen. VII.c. 2, beggars not able to work were to resort to the hundred where they last dwelled, or were best known, or were born ; and by 19 Hen. VII.c. 12, to where born, or to where they had made their last abode by the space of three years. By 1 Ed. VI. c. 3, this was explained to be, where they had been most conversant by the space of three years. By 1 Jac. I. c. 7, they were to be sent to the place of their dwelling, if they had any; if not, to the place where they last dwelt by the space of one year; if that could not be known, then to the place of their birth. So that beggars not able to work, were to be maintained where they were born, or where they had inbabited,-first, for any indeterminate time, next for three years,

then for one year. Poor people This last regulation as to the place were paupers were to be supported, going from one continued to the time of 13 & 14 Car. II. c. 12, by which after reciting parish to another.

that “ Whereas the number of poor within England and Wales is very great and burthensome ; and whereas, by reason of some defects in the law, poor people are not restrained from going from one parish to another, and therefore do endeavour to settle ihemselves in those parishes where there is the best stock, the largest commons or wastes to build cottages, and the most woods for them to burn and destroy, and when they have consumed it, then to another parish, and at last become rogues and vagabonds, to the great discouragement of parishes to provide stocks, where it is liable to be devoured by strangers ; it is

enacted, that it shall and may be lauful, upon complaint made by the tled, coming to

churchwardens or overseers of the poor of any parish, to any justice of peace, under ten pounds within forty

days after any such person or persons coming so to settle as aforesaid, yearly value. in any tenement under the yearly value of ten pounds, for any two justices of

the peace, whereof one to be of the quorum, of the division where any person or persons that are likely to be chargeable to the parish shall come to inhabit, by their warrant to remove and convey such person or persons to such parish where he or they were last legally settled, either as a native, householder, sojourner, apprentice, or servant, for the space of forty days at the least, unless he or they give sufficient security for the discharge of the said parish, to be allowed by the said justices.

By the above act any person might gain a settlement by residence of forty days in the parish. But by 1 Jac. II. c. 17, the forty days were to be reckoned from the delivery to the parish officers by the new comers, of a notice of the place of abode and the number of the family. And by 3 and 4 W. & M. c. 11, from the publication of such notice in the church. The object of this regulation was notoriety in order that persons likely to be chargeable might be removed. But the latter act contemplated four cases in which no notice was to be given. First, when the person served an annual office. Second, when he paid parish rates. Third, when he was hired (and by 8 and 9 W.III. c. 30, s. 4, served) for a year, being unmarried and having no children. And fourthly, persons bound apprentice by indenture. Notice however was never necessary when the tenement on which the person came to settle was of more than 10l. value by the year. The power of gaining a settlement by delivery, and publication of such notice, was altogether taken away by 35

Geo. III. c. 101. In what place a Wherever a district of known limits contributes to one common fund be gained.

raised within it, and which is disbursed within it, for the relief of its own poor, this right may be acquired, whether such district be a parish, a township, or hamlet, even though the township or hamlet be extra-parochial, for overseers may be appointed to an extra-parochial township or village, (Rex v. Rafford, 1 Stra. 512.)

The above rule has at different times been modified in favour of parishes in which prisons, hospitals, and other public charitable institutions are

any tenement

settlement may

All cnactments

licenced for the

such person

situated. The provisions to this effect in local acts have given way to the First, Of following general enactment.

settlements in By 54 Geo. III. c. 170, it is enacted,“ That all enactments and provisios general. contained in any act or acts of parliament since the commencement of the reign of his late Majesty George the First, whereby any alteration is made, in respect and provisions of gaining or not gaining a settlement within any particular district, parish, in respect of tounship, or hamlet, shall be, and the same are hereby repealed ; and that all gainine settler and every person shall be deemed and taken to have acquired and to acquire a in local acts resettlement in every such district, parish, township, or hamlet, by any ways and pealed. means, he, she, or they would or might have done, or would or might do, in case such act or acts, or any of them, had not been made and passed, and notwithstanding the same or any of them are or was in force and operation.

Sect. 2 provides, That no person shall be deemed or taken to acquire any persons born in settlement in any district, parish, tounship, or hamlet, by reason of such person

prisons, or houses being born of the body of any mother actually confined as a prisoner within

reception of pregthe walls of any prison ; or any house licensed for the reception of pregnant nant women, not women, in pursuance of an act made and passed in the thirteenth year of his to gain a settle

ment thereby. present Majesty's reign, for the better regulation of lying-in-hospitals, and Other places appropriated for the charitable reception of pregnant wzmen; in which any such prison or house shall be situated.

Sect. 3 provides, That whensoever any person shall be born of the Provision re. body of any poor person, in any house of industry, or house for the reception, ments by reason and care of the poor of any district, parish, township, or hamlet, which shall of birth in any be locally situated in any district, parish, township, or hamlet contributing poorhouse or to the expences of maintaining the poor in such house, or in any other district, belonging to parish, township, or hamlet, not contributing to such ex pence,

united parishes. shall, so far as regards the settlement of such person, be deemed and taken to be born in the district, parish, township, or hamlet, by whom the mother of such person was sent to, and on whose account the mother of such person was received and maintained in such house."

Sect. 4 provides and enacts, “ That no person shall be deemed or taken to Prisoners for debt gain any settlement by reason of any residence within any district, parish, or contempt not

to gain settle. township, or hamlet, while he, she, or they shall be detained or confined as a ments while in prisoner within any such district, parish, township, or hamlet, on any civil custody. process, or for any contempt whatsoever.”

Sect. 5 provides and enacts, “ That no gate-keeper or toll-keeper of any No gate. keeper, turnpike-road or navigation, or person renting the tolls and residing in any toll-house of any turnpike-road or navigation, shall thereby gain any settle- house, to gain a ment in any district, parish, township, or hamlet.(The general turnpike settlement there.

by. act, 3 Geo. IV. c. 126, s. 51, is to the like effect.)

Sect. 6 provides and enacts, " That no person or persons shall gain any No person mainsettlement in any district, parish, township, or hamlet, by reason of any residence in any house or other dwelling-place provided for the residence of such tution, to gain person or persons, by any charitable institution, while such person or persons any settlement shall be supported and maintained at the expence of such charitable institution, as an object or objects of such charity.

And by 59 Geo. III. c. 12, s. 11, it is enacted, that every house and building Building hired which shall be purchased or hired under the authority of that act, (vide sec- under 59 Geo. 3, tions 8, 9, 10, 14, 15, 16, 17, and 18, ante, 190, 191,) shall in all questions in the parish, &c., relative to the settlement of persons born or lodged therein, be deemed and hiring, in ques. taken to be part of the parish, on behalf of which the same shall be purchased tions of settleor hired, and by which the same shall be used as a poorhouse or workhouse.

A settlement attaches to those persons only, concerning whom those who can acquire circumstances may be affirmed, which acts of parliament say shall give a settlement. It is not universally true that every person in this country must It is not every have a settlement to which he may be removed, for bastard children born person who has in an extra-parochial place which is not a vill, have no settlement, nor foreigners who come into this country. Rex v. St. Nicholas, Leicester, 2 B. & C. 889; 4 D. & R. 462. Such persons are denominated casual poor, and must be provided for in the parish where they happen to be. See Casual Poor.

Although a foreigner has not necessarily a settlement in this country, he Foreigners. may acquire one, in some of the modes by which natural born subjects

or person resid.

tained in any charitable ipsti

by therein.

.

a settlement.

tenement of 101. for a year.

First, Of obtain this privilege; thus, the wife of a foreigner was removed to Eastsettlements in bourne, (the place of her maiden settlement,) from Seaford, where he had

general. for two years before, and at the time of the removal, resided, and rented a A foreigner may

house of above the value of 101., exercising the trade of a baker. The gain a settlement husband acquiesced in the removal, and accompanied them to Eastbourne. by oceupying a The sessions confirmed the order of removal, and the question was, whether

a foreigner can gain a settlement in this country? St. Giles's v. St. Margaret's was cited, and it was urged that the 13 & 14 Car. II. referred only to the poor of this kingdom, i. e. England and Wales.Per Lord Ellenborough, C. J. This man was not an alien enemy, but a German by birth, an alien amy. And as such, though he may not take a lease (a) of a dwelling-house or shop, by reason of the statute 32 Hen. VIII. c. 16, yet he may occupy a tenement of 101. a-year, and carry on his trade there like any other person. Then if he may do so he has that interest which enables him to gain a settlement by the provision of the legislature: the law of humanity obliges us to afford relief to poor foreigners to save them for starving.– Lawrence, J., in answer to the observation, that the statute of Car. II. did not extend to any but the poor of England and Wales, said, that, “ without dispute, Scotchmen and Irishmen may gain settlements here.” Both orders

quashed. Rex v. Eastbourne, 4 E. 103. A foreigner does

St. Giles's v. St. Margaret's, 1 Sess. Ca. 97. An Englishwoman was not gain a settlement by mere

married to a foreigner who had no settlement in England: the husband residence of 40 continued for the space of forty days in a parish, irremovable, for that there days in a parish. was no place to which he could be removed; and it was urged, that the

wife continuing with him as part of his family for forty days, in a place whence he hath not a right to be removed, gains a settlement. But Lord Holt, C. J., thought that where a person stays forty days in a place whence he hath a right not to be removed, that gains a settlement; otherwise, where he only stays in a place because they do not know whither to remove him.

Ellinor Conred's Case, Comb. 287 ; 2 Bott, 17. She and her two children landed at Harwich, from Holland, and removing to another place, were sent back to Harwich by order of two justices.Darnel, Serj. Landing makes no settlement.-Sir Barth. Shower, 'Tis within the equity of the act.— Eyres, J., (absente Holt), You must keep them where you have them for aught I know; it seems to be casus omissus. The order was quashed.

Married women, during their coverture, cannot by any act of their own acquire a settlement. What is their proper settlement will be considered in another place. Nor infants under the age of seven years.

In Rex v. Hasfield, Burr. S. C, 147, it was decided that an infant under seven could not be removed from the parish in which his freehold lay, though it did not appear either that he was in possession, or in occupation of it. And see Rex v. Houghton le Spring, 1 East, 247, where this case was adverted to. See also Rex v. Cumner, 2 Bott, 18; and 2 Nol. P. L. 89. As to the

doctrine here advanced, see post, tit. Removal. Attainted per

Persons attainted may communicate their settlement to children born after the attainder, but Lord Kenyon said, It would be another question whether the man himself could acquire a settlement after the attainder. Rex v. St. Mary, Cardigan, 6 T. R. 116; but this doubt of Lord Kenyon's seems entirely removed by Rex v. Haddenham, 15 East, 463, where an attainted felon, who had been discharged, but never received a formal pardon, acquired a settlement by the purchase of an estate.

În former editions of this work it has been said that a deserter can gain no settlement, and Rex v. Norton, 9 East, 206, is cited as an authority. But that case determined only that he could not gain a settlement by hiring and service, on account of the superior claim to his service by the country. But suppose a deserter executed an annual office, or rented å tenement, it seems doubtful whether his desertion from the army would prevent his thereby acquiring a settlement.

Married women.

Infants under seven.

SODS.

Deserters.

(a) This section applies only lo leases A vintner is not within the statute, 3 of dwelling house or shops granted to Mod. 94 ; 1 Saunders, 3. stranger artificers or handicraftsmen.

« PreviousContinue »