Page images


Residence by, sufficient to give a settlement by Estate, 601. See Estate.

Rateable when profit made of them, 57.

Actual chargeability essential before removal, 748, 749.
There must be a complaint of, 740.
And adjudication of, 748, 749.
Every unmarried woman with child deemed chargeable, 709.
Though certificated, 725.
So also a married person pregnant with bastard, 716, 717, 718.
Upon removal, justice must adjudge such person to be chargeable, 724.
This constructive chargeability not within 59 Geo. III. c. 12, s. 33, 278.
Poor persons born in Scotland, &c. being chargeable, removed to their native

land, 726, 727.
Persons may be chargeable, and not removable.
e. g. Nurse child, 286.

Servant pregnant with bastard, 723.
Wife deserted resident on husband's estate, 716.


Lands appropriated to charitable purposes are rateable, if beneficially occupied,

53, 54,
Objects of the charity, as lunatics, not rateable, 53.
No settlement can be gained by residence, or hiring service in certain charitable

institutions. See BASTARD & SETTLEMENT.
Employment from charitable motive is not a hiring, 331, 333.
Where premium supplied by public charity, no stamp requisite, 428.
What is a public, 465. See APPRENTICE, (6.)

Residence in a tenement, as a matter of charity, confers a settlement, 554.

The value of no chattel can be added to make the tenement of annual value of

101., 539.

What is a chattel, or what is parcel of freehold. See Tenement, (2.)

Orphan children may be sent by guardians to workhouse, 225.
So also children of tender years becoming chargeable from accident or mis.

fortune, ib.
Or they may be placed with a reputable person in and near the parish with

weekly allowance, ib.
To be delivered to their parents on request, ib.
No child under seven to be separated from parents without consent, ib.
Who are comprehended by this word and a certificate, 676. See CERTIFI-

CATE, (9.)
Children means legitimate children only, 676.
Nurse to be removed with their parents, whether legitimate or not, 286.
But to be maintained by the parish in which the child is settled, ib.
Of sufficient ability, bound to maintain their parents, 163, 164. See

RELIEF, (1.)
Legitimate children only intended, 165.
How bastards maintained. See BASTARD, Vol. I.

How they cease to be part of the family. See EMANCIPATION.

Children under eight years of age, 457, or above sixteen, 431, cannot be bound

apprentice to.

A rate for ornaments and repairs of parish, is within 3 W. III., c. 11, s. 6,

Notice of vestries, to be given in, 205, and affixed to the door of, ib.

[ocr errors]


Are overseers without appointment, to.7
There must be two overseers exclusive of, ib.
By custom, it seems, there may be only one churchwarden, 666, 667.
These overseers are for certain purposes a body corporate, 192.
In such cases, churchwardens alone cannot act, ib.
Nor two overseers, one of whom is churchwarden, 193.
Majority of parish officers bind the rest, 187.
May be punished as overseers, but must be described as such, 255, 256.
Cannot be one of the justices who make an order of removal, 737.
Their signature to indentures of apprenticeship. See APPRENTICE, (9.)
To Certificates. See CERTIFICATE, (4.)

Are rateable by express enactment, 71.

if profitable to any one, 73.
Expence of sinking not to be deducted in estimate of profit, 126.


Marriage presumed from, 808.


Served an office within 3 & 4 W. & M. c. 11, s. 6, 644, 645.


Officers of, are rateable for their apartments, 53.
Scite of, not necessarily a vill, 10.


A bastard born whilst mother removed by collusion, is settled in the colluding

parish, 280. of parish officers in procuring a marriage, does not prevent the wife from follow

ing her husband's settlement, 314, 315. Effect of fraud prevented, when the interference does not break in upon a higher


When a contract is really for a year, but an evasion of, or false colouring is

given to it, it is fraudulent, 356, 357. See FRAUD.


For not accounting, may be till he accounts, 262.
For not delivering up a particular book, till he delivers it - but not till he

delivers all books, 263.

For returns after removal must be for a definite period, 759.

Mere right of, not rateable, 83, 87. See RATE, (9.)
Right of, in gross, is a tenement, 526.
Guardians may inclose for use of warehouse, 222.


Foundation of justices' jurisdiction for making an order of removal, 737.
Must be stated in the order, ib.


A contract for a year to be determired on a given event is, 358.
If condition not acted, the contract becomes absolute, ib.
Distinguished from exceptive contract, which cannot endure for the year without

some fresh agreement, 359.
Instances of conditional hiring. See HIRING, (10.)


General, by master to his apprentice, not sufficient, 498. See APPRENTICE, (12.)

Particular, may be inferred, 497.

Must amount to 301. to enable purchaser to gain settlement by it, 618.
Paid, or contracted for a relation to apprentice, must be inserted in the deed,

If it is 6d. not necessary, 464.
It must be money, or some valuable thing to the master, 468.
Food for apprentice is not, ib. See APPRENTICE, (6.)


A place having a constable, is a vill, 9.
Must receive pass of vagrants, Scotch, &c., and convey paupers direct to the

place if in his county, 7:28.
If out of county, to constable of adjoining county, ib.
To be reimbursed by high constable, 730.
Penalty for neglect, 731.
Costs of indictment for assaulting, not payable out of the poor’s rate, 47.
Serving the office of, gains a settlement, 646.

Is in office, before he is sworn, 648.

Persons having the management of the poor cannot be concerned in, for pro-

visions for the poor, 32. See OVERSEERS, 11. 4.

Is legal for a hiring, though made on a Sunday, 331.

Of public documents admissible, 796.
Of private documents after proof of loss of original, 801.

Or possession by the opposite party, ib.
Of parish books or papers to be given, on demand, to persons rated, or liable to

be, 259.

Attested, and no other, of soldiers' examination, admissible, 743.

Guardian of, may gain a settlement by residence, 610. See Estatt.

Fines for renewal of, are not rateable, 70.

Not allowed in workhouse, 197.

Churchwardens and overseers are, for certain purposes, a corporate body, 192.

Is rateable to the poor, 54.
When the corporate body, and not the burgesses, are considered as occupiers,

85, 86.
Books of, evidence between members, 797.

May derive a tenement for purposes of settlement, without deed, 527, 530,

The sessions may give costs upon an appeal against any neglect, act, or thing

done, or omitted by overseers, or by justices, 140.
May be awarded on appeal against appointment of overseers, 27.
So also upon an appeal against a rate, 140.
And against overseers' accounts, 265.
On appeal, by overseer, disallowance of accounts payable, by order of sessions,

out of poor's rate, 268, 269.
Awarded, by suspension of order of removal, to be paid by the parish to whom

the order is directed, 709, 751.
Appeal against an order for such costs, if exceeding 201., 709, 751.
May be given upon appeal concerning any settlement, 790.
So also after notice of appeal, ib.


Where given upon an appeal determined, it must be entered, 140.
What is an entry and determination, 141.
It may be entered for the purpose, ib.
Upon removing a case by certiorari, ib.

Double, given to justices, overseers, &c., in actions against them for tort, or

acts done, where plaintiff is nonsuited, or defendant has a verdict, 30, & 30 a. COUNTY.

Justices of said county, refers to county last mentioned, 485.
Statement of, in margin, without reference to it in the body of an order of

removal, not sufficient, 746.

Rate, payment of, gives no settlement, 656. COWS.

Renting cows, to be pasture fed, is a tenement, 536, 537, 538, 539. CREDIT.

In settlement by tenant, the visible credit is the grand point, 548.

Doctrine limited by subsequent case, ib.

Occupied by royal family not rateable, 55.
Nor when occupied by a regiment, 56.

But secus, occupied by gift for wages, 55.

Not an officer within 3 & 4 W. & M. c. 11, s. 6, 645. CUSTODY.

Parish chest the proper, for parish indentures, 832.

Not of appointment of overseer; that belongs to the individual, 831. CUSTOM

Of hiring for less than a year, does not aid the settlement, 346.

A general hiring may be presumed to be a customary hiring, 342. CUSTOMS.

Officers, rated and paying to land tax, gain settlement, though reimbursed by

collector, 660, 661.


DAIRY. See Cows.


No fraction of, in law. See title, Time, Vol. V. Chitty's Col. Stat., tit. Time." DEATH.

Apprenticeship is a personal trust, and determines by death of master, 519.
If parish apprentice is then living with family, the service to continue for three

months, 519.
Does not dissolve a contract of hiring, 397.
Of tenant, before year expired, prevents a settlement by renting, under 59 Geo. III.,

574. DEBT.

Persons confined under mesne process for, not in county gaols, to be relieved by

the parish of their settlement, 201.
Action of, does not lie for balance of overseers' account, 261, n.

Nor for poor rate, 150, 157.

Of parents dead, that child was born before marriage, admissible, 804,

party, 801.


Secus, as to place of birth, 805.

Of rated inhabitants admissible against their own interest, 802, 859.

Apprenticeship must be created by, 455.
Secondary evidence of, admissible after proof of loss, or possession by opposite
Execution must be proved by attesting witness, 797.

When dispensed with, ib.

A tenancy for a year, defeasible on a month's notice, gives a settlement, 558.

So also a hiring for a year defeasible on notice, 358, 359, 360.

Of certificate, essential to prevent apprentice to certificated person conferring a

settlement, 675, 676.

Of suspended order of removal must be within a reasonable ne, 754.

Express, of surplus after distress for poor rate, necessary to enable person to sue

for it, 30.

Can gain no settlement by serving an office, 637.

Can gain no settlement by hiring and service, 276, 321.

Nor by residence for concealment on a tenement taken by his wife, 522, 523.

Of wife and children, by running away and leaving them chargeable, is an act of

vagrancy, 172.
Upon, of wife, or children, the overseers may seize the goods and receive the rents

of party deserting, 171, 172.

Actual, essential-mere refusal to maintain not equivalent to, 174.

Of real property, proved by will only, 799.
Must be attested by three witnesses, ib.
Of personal property, 801. See ADMINISTRATION.

In trust for A., enables A., by residence, to gain a settlement, 601, 602.

Not an essential part of a certificate, 666. See CERTIFICATE (3).

Essential in order of removal, 750. See Removal (5).

Is where the service is constructive, the relation of master and servant continuing,

but actual service dispensed with, 385.

Doctrine of, not to be extended, 410. See Hiring and SERVICE (2,3).

Must be by mutual consent, or upon justifiable cause of complaint, 397.

Demand at corporate meeting or on premises sufficient, where an act required

previous demand, 55.
No action sustainable for a rate, 156, 157.
Overseers may distrain, and if no goods, the party may be committed, 150.
Form of commitment, 156.
Goods may be levied elsewhere, if not sufficient in parish, 150.
Party may appeal against distress, ib.

If not sufficient in the county, then in any other county, 150, 151.


« PreviousContinue »