Page images
PDF
EPUB

HUSBAND.

Is not liable to maintain his wife's mother, nor children of his wife by a former

husband, 165, 166.
Nor his wife who has left him and is living in adultery. Appendix.
Cohabitation not conclusive proof of being, 803.
May by his consent be removed with his wife to her maiden settlement, 716.
Deserting his wife, is a vagrant, 172. See DESERTION.
Communicates his settlement to his wife, 312. See Marriage, SETTLEMENT BY.
Death of, presumed after absence of seven years unbeard of.

1.
ILLEGITIMACY. See BastARD.
ILLNESS.

Guardians must relieve persons retarded by, 231.
Absence from, is dispensation, 387.
Though it arises from misconduct, ib., 388.
Whether a master is bound to provide for servant during, see 387. Contra,

239, 24.
Arising from accident. See Accident. Casual Poor.
Residence in a parish on account of, is not residence as an apprentice, 488. See

APPRENTICE (11.)
IMPRISONMENT. See Prisons.

Of servant, upon complaint of his master, is no interruption of service, 394, 395,

400.

IMPROVED VALUE.

Criterion of Rate, 127.
Secus where the act directs that it shall be assessed as other land, 129.

If a tenement at the time of taking may be reckoned, 562, 563.
INCORPORATED PARISHES.

Two or more parishes within ten miles of the workhouse may unite, 185, 216.

See GUARDIANS.
INCORPOREAL HEREDITAMENTS.

Are tenements within 13 & 14 Car. II., 525.

Is a parol demise sufficient? Pro, 525. Con., 529, n. 68, 69.
INDENTURE.

Not necessary to constitute apprenticeship, 455.
INDORSEMENT.

Suspension of order of removal may be by, 75^
So also subsequent permission to remove, ib., 754, 755.
Justices of another county to indorse warrant of distress for charges incurred by

suspension, 754.
And cannot refuse it, 755.

INFANT.

Contract for his benefit is not void, but voidable only at his election, 327.
May engage himself as servant, 326.

and to his father, ib.
May bind himself an apprentice, 455.
But cannot consent to his discharge, 515, unless manifestly for his benefit, as

where his master ran away, ib.

May take apprentice, 458.
INFORMALITY. See Form.
INHABITANTS.

Competent witnesses. See WITNESS.
INLIST ING. See SOLDIER. MILITIA.

Ꭱ Ꭱ Ꭱ

INNS OF COURT. .

Not necessarily vills, 11, 12.
Lincoln's Inn liable to be rated.

Gray's Inn not.
INSPECTION.

All inhabitants of a parish may inspect a rate, 134.
So also a rated inhabitant accounts of guardians, 217.

Mandamus lies to compel, though time for appeal bas passed, 217.
INTEREST.
Money out, not rateable, 68

if rendered so, local act will not include bank annuities, 67, 68. IRISHMEN.

May gain settlement, 275.
Not having gained one, and being chargeable, to be sent to Ireland, 726, 727.

See REMOVAL (7.)
IRON MINES.

Are not rateable, 71, 845. IRREMOVABLE.

Persons being, and gaining a settlement, are not convertible expressions, 312,

632, 635.
Old dictum to that effect, 635.

J.

JERSEY.

Persons born in, and having acquired no settlement here, being chargeable may

be removed to, 726, 727. See Removal (7.) JOINT TENANCY.

In a tenement of more than annual value of 101. to each tenant, is sufficient for a

settlement, 550.

JURISDICTION.

In matter of the court will intend nothing, 23.
May be examined into by sessions, 740.
Must appear on all orders made by justices on appointment of overseers, 23.
In allowance of parish indentures, 485.

certificates, 673. In orders of removal, 737. JUSTICES.

Doing judicial act, must confer together, though they may execute apart, 25,

481.
Where a parish is in two counties, a justice can act only within the part in his

own county, 133.
Being churchwardens of removing parish, cannot sign order of removal, 737.
One must be of the quorum, though the order need not state it, 740.
In local jurisdiction, may act, though not of the quorum, 741.
May act generally though rated, 16 Geo. II. c. 18, 143, 144.
But cannot act on appeal, 17 Geo. II. c. 38, s. 5, 144.
When they may, 144,

K.

KIN.

Residence by sole next of, on estate, gives him settlement, 599, 600. See

Estate (4.)

KING.

Rateability of property of. See Crown.

L.
LAND.

Includes every thing under it and over it, 62.
LANDLORD.

Not liable to rate generally, 49.

Of houses between 61. and 201. rent, may be rated, 49, 50.
LAND-TAX.

Collector of, holds an office within 3 & 4 W. & M. c. 11, s, 6, 644.
Being charged with and paying, gives a settlement, 656.

Is included in “ parochial rates,” in 6 Geo. IV. 656, 657.
LAST NIGHT.

Of sleeping, determines settlement, where residence is same year for forty days in

different parishes, 379, 416.
LEAD MINES.

Are not rateable, 71.

But the lessee of lot and cope is, 72. See Rate, v. (7.)
LEAP YEAR.

There are 366 days in, 347.
The intercalary day and day preceding, are one day, 348.
Service in, for 365 days, not a service for a year, 347.

LEGITIMACY. See BIRTH.

LESSEE.

Is rateable if it produces profit to himself or lessor, 49.
But not of king's stables for use of regiment, 55.
Of tithes by parol cannot be rated, 68, 69.
If by deed, semble, he is liable, 69.

Of herbage of towing path, not rateable, 102.
LICENCE.

To use fixed machinery, is no tenement, 540, 851, 852.
LIGHTHOUSE.

Not rateable according to its tolls, where neither tolls or benefit to ships is received

within the parish, 108.
LIMEWORKS.

Not being mines are rateable as land, 80, 845, 846.

LOCAL ACT.

Settlements under, repealed, 275.
LOT AND COPE.

Lessee of, is rateable, 72. See Rate (7.)
LUNATIC ASYLUMS.

No bastard born of any insane person in any county, shall gain a settlement

thereby, 283.
Restriction since 9 Geo. IV. confined to county, before it was general, ib.
Objects of are not rateable, 53.

Land used for, not to be rated at its improved value, 54.
LYING-IN-HOSPITAL. See Hospital.

M
MAIDEN SETTLEMENT.

Not extinguished by marriage, 314.
Revives on the death, 314, or desertion of, ib., her husband. See Removal (2.)
Wife may be removed with, and by the consent of, her husband, ib., unless he is

an Irishman, &c., 249, 314.

Proof of, sufficient, on removal of wife or widow, 315. MAINTENANCE. See RELIEF.

Sessions may enter appeal against order abandoned to compel payment of, 767. Incurred between removal and appeal to be repaid, upon order being quashed, 791.

Mandamus lies to compel it, ib. MAN, ISLE OF.

Persons born in, having no settlement here, and being chargeable, to be sent to,

726. See REMOVAL (7.) MANDAMUS.

Lies to appoint overseers, 25.
To make a rate, 44.
But not to equalize it, ib.

Lies to compel sessions to award maintenance, 191.
MANOR.

Rents and casual profits of, are not rateable, 70.
MARKET.

Lessee of tolls of, not incident to the soil, are not rateable, 103.
Stallage and pickage are, 104.
Tolls are a tenement within 13 & 14 Car. II., 528.

MARGIN.

County in margin considereds as referred to by subsequent words “county afore

said,” 740. MARRIAGE.

Presumption of, from cohabitation, may be disproved by the parties, 806, 807.
Settlement by-General Rule.
Woman marrying follows husband's known settlement, 312 ; though she

never lived there, ib. ; and though the marriage was fraudulently obtained,

315.
Wife can gain no settlement by her own act during coverture, 276, 312.
But she may be irremovable, as where she lives on husband's estate, he having

deserted her, 312.
Her maiden settlement may revive, 313.
As on the death of her husband, who has no known settlement, 314.
Or on his deserting her, ib.
Or where husband living with wife but has no settlement, ih.
If husband is living with wife, and is an Irishman, &c., she cannot be moved

to her maiden settlement, 249, 314.
Secus if he is absent, 314.

Acquired by second, is not communicated to children by former marriage, 292.
Evidence of
May be proved by person present, 808.

by reputation, ib, 809.
by cohabitation, ib., 808.

by register and identity, ib. Particular forms first required by 26 Geo. Il. s. 33, 809. That statute repealed, ib. Of minors by banns, or licence, 809, 810, 811. Knowingly marrying without due publication of banns, void, 810. So also if person no authority to grant licence, ib. Or

person solemnizing not in holy orders, ib. If minor, by licence or without consent, is valid, ib.

MARRIAGE-continued.

Evidence of-continued.

In foreign countries according to law of the country is good, 811.
So also if according to law of England in the house or chapel of the British

Ambassador, 811, n.
Performed abroad by a person officiating a3 priest, presumed to be valid, 812.
Semble of an English soldier according to English rites, ib.
In certain chapels legalized, ib.
Banns published in an assumed but not true name, are valid, 815, 816, 817.
If published bonâ fide in the name found in baptismal register, but by which

person never known, marriage void, 817.

Secus by 3 Geo. IV. c. 75, s. 19, 814.
MARRIED WOMEN.

Pregnant with bastard, and husband abroad, chargeable, 716, 717, 718.
MARSHES.

Drained, and parish unknown, rateable to adjoining parish, 10, 109.
MASTER.
Who may be, in hiring and service, 326, &c. See Hiring (1.)

to an apprentice, 458. See APPRENTICE (3.)
MASTER OF WORKHOUSE.

Holds no office within 3 & 4 W. & M. c. 11, s. 6,645, 646.
Not to punish any adult corporally, or confine him beyond twenty-four hours,

197.

Not to chain any sane person, ib.
MEDICAL AID. See Casual Poor.
MEETING HOUSE.

Owner or trustees of, rateable, if profit made, 57.
MILLS.

See 851, 852.
MONEY AT INTEREST.

Not generally rateable, 68.
May be rateable by local act, 67, 68.
Does not then include bank annuities, ib.

MORTGAGES.

When a mortgager or mortgagee gain settlement. Sec ESTATE IN Mortgage.
When a purchaser, part of the money remaining in mortgage. See EsTATES BY

PURCHASE (2.)
MOTHER.

When her settlement is communicated to a child. See Parentage.

N.
NAVIGATION.

Undertakers of, not having any interest in the soil, are not rateable, though they

enjoy a profit, 96, 97, 98, 99.

As to Canals. See RATE (11.)
NEXT OF KIN.

Widow, with a child, is not properly, 598, 599.
Sole, may gain settlement by residence on intestate's estate without administra-

tion, 597, 598, 599.
NON-ACCESS.

Cannot be proved by husband or wife, 803, 804.
NOTICE.

Effect of power to dissolve hiring on, 352. Sce HirinG AND SERVICE (6.)

« PreviousContinue »