CHURCHWARDENS. See also OVERSEERS. Are overseers without appointment, 10.7 There must be two overseers exclusive of, ib. By custom, it seems, there may be only one churchwarden, 666, 667. 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. Their signature to indentures of apprenticeship. See APPRENTICE, (9.) A bastard born whilst mother removed by collusion, is settled in the colluding Of parish officers in procuring a marriage, does not prevent the wife from follow- Effect of fraud prevented, when the interference does not break in upon a higher COLOURABLE TRANSACTION. When a contract is really for a year, but an evasion of, or false colouring is COMMITMENT. For not accounting, may be till he accounts, 262. For not delivering up a particular book, till he delivers it--but not till he For returns after removal must be for a definite period, 759. COMMON. 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. COMPLAINT. Foundation of justices' jurisdiction for making an order of removal, 737. CONDITIONAL HIRING. A contract for a year to be determined 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.) CONSENT. General, by master to his apprentice, not sufficient, 498. See APPRENTICE, (12.) CONSIDERATION. 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.) CONSTABLE. A place having a constable, is a vill, 9. Must receive pass of vagrants, Scotch, &c., and convey paupers direct to the 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. CONTRACT. 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. COPY. 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 Attested, and no other, of soldiers' examination, admissible, 743. COPYHOLD. Guardian of, may gain a settlement by residence, 610. See ESTATE. CORPORAL PUNISHMENT. Not allowed in workhouse, 197. CORPORATION. Churchwardens and overseers are, for certain purposes, a corporate body, 192. See CHURCHWARDENS. Is rateable to the poor, 54. When the corporate body, and not the burgesses, are considered as occupiers, Books of, evidence between members, 797. May derive a tenement for purposes of settlement, without deed, 527, 530, COSTS. The sessions may give costs upon an appeal against any neglect, act, or thing 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, 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 20., 709, 751. May be given upon appeal concerning any settlement, 790. So also after notice of appeal, ib. COSTS-continued. 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. See CERTIORARI, Vol. II. Double, given to justices, overseers, &c., in actions against them for tort, or 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 Rate, payment of, gives no settlement, 656. COWS. Renting cows, to be pasture fed, is a tenement, 536, 537, 538, 539. In settlement by tenant, the visible credit is the grand point, 548. CROWN PROPERTY. Occupied by royal family not rateable, 55. CURATE. 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 DAIRY. See Cows. DAY. D No fraction of, in law. See title, TIME, Vol. V. Chitty's Col. Stat., tit. "Time." Apprenticeship is a personal trust, and determines by death of master, 519. Does not dissolve a contract of hiring, 397. Of tenant, before year expired, prevents a settlement by renting, under 59 Geo, III., DEBT. Persons confined under mesne process for, not in county gaols, to be relieved by Action of, does not lie for balance of overseers' account, 261, n. Nor for poor rate, 150, 157. DECLARATION. Of parents dead, that child was born before marriage, admissible, 804, DECLARATION—continued. Secus, as to place of birth, 805. Of rated inhabitants admissible against their own interest, 802, 859. DEED, 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. DEFEASIBLE. A tenancy for a year, defeasible on a month's notice, gives a settlement, 558. DELIVERY. Of certificate, essential to prevent apprentice to certificated person conferring a Of suspended order of removal must be within a reasonable time, 754. DEMAND. Express, of surplus after distress for poor rate, necessary to enable person to sue DEPUTY. Can gain no settlement by serving an office, 637. DESERTER. 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 Upon, of wife, or children, the overseers may seize the goods and receive the rents Actual, essential-mere refusal to maintain not equivalent to, 174. DEVISE. 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. DIRECTION. Not an essential part of a certificate, 666. See CERTIFICATE (3). DISPENSATION. Is where the service is constructive, the relation of master and servant continuing, Doctrine of, not to be extended, 410. See HIRING and SERVICE (2, 3). DISSOLUTION. Must be by mutual consent, or upon justifiable cause of complaint, 397. DISTRESS FOR RATE. Demand at corporate meeting or on premises sufficient, where an act required No action sustainable for a rate, 159, 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. DISTRESS FOR RATE-continued. Form, 155. Where there is an appeal, the distress may be for the amount of the last effective If a rate is quashed, proceedings for recovering it must be stayed, ib. The warrant must be special, not general, 153. Form of, 155. The precise form should be demanded, 159. May be granted before the time for which the rate made is expired, 152. Form of summons, 155. Warrant after tender by landlord for tenant ought not to be granted, ib, In executors' hands, ib. Averia Caruca, working tools, may be distrained, ib. Money, ib. Goods of ambassador's servant, residing by himself, not privileged, 154. Distress for poor rate, for lands not occupied by plaintiff, bad, though rate en- So also if distress for two rates, and one illegal, 159. Demand of warrant unnecessary, where parties trespassers, 153. Want of form does not render distress unlawful, 156. May be made on overseer for penalty for neglect of duty, 32. May be made for charges evinced by suspension of order of removal, 750, 751. To be indorsed by justice of county in which parish lies, 751, who cannot re- Rent recovered by, equivalent to payment, 570. Replevin lies, ADDENDA, 847. DIVISION. Justices of, explained, 17. DOCKS. Are rateable. See RATE (11.) DOWER. Residence in right of, gives a settlement, 605. Not if estate mortgaged and dower not assigned, 606, 607. See ESTATE. DUTY. See APPRENTICE (6, 7.) E. EARNEST. Contract of hiring completed by, 391. Evidence of a new contract, 401. EASEMENT. Not rateable, 88. But with exclusive possession ground, is rateable, 88. ELEGIT. Tenancy by, how proved, 841. EMANCIPATION. General rule for children under, 292. General rule for adults, 293. Not during minority, unless the child marries, or contracts some relation which Acquisition of a settlement not properly an emancipation, 292, 305. Marriage is, without separation from father, 293, 294, 295. Returning after twenty-one is, 295. Secus if he returns before twenty-one, 297. Militiaman, returning after twenty-one, emancipated, 297. |