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PRECEDENTS-continued.

V. Forms relating to Settlements-continued.

146. Prescribed form of assignment of a parish apprentice, with consent of two
justices by indorsement on the indenture or counterpart, 924.

147. Prescribed form of like assignment by a separate instrument, ib.

148. Prescribed form of register of every apprentice, to be kept by overseers,

925.

149. Prescribed form of conviction, ib.

150. Assignment of apprentice, ib.

151. Justices' order to bind a poor apprentice within forty miles, under 56 Geo.
III. c. 139, ib.

152. Indenture of apprentice, 926.

153. Justices' order for binding apprentice at upwards of forty miles' distance,
927.

154. Churchwardens' and overseers' certificate of settlement of a person in their
parish, 928.

155. Justices' allowance thereof, usually printed and signed at the foot of
acknowledgment, 929.

156. Another and a better form of certificate of settlement, ib.

VI. Forms relating to Removals.

157. Form of a pass of a vagrant to his settlement, &c., under 17 Geo. II. c. 5,
s. 7, as prescribed by that act, ib.

158. Justices' certificate thereon, ib.

159. Vagrant pass to Scotland, ib.

160. The like on 59 Geo. III. c. 12, s. 33, as given in former editions, 930.
161. The like in a more modern form, ib.

162. Examination of an Irish pauper, in order to his removal, under 59 Geo.
III. c. 12, ib.

163. Form of vagrant pass to Ireland, under 17 Geo. II. c. 5, s. 7, ib.

164. The like under 59 Geo. III. c. 12, s. 33, ib.

165. Warrant to a master of a ship to convey a vagabond to Ireland, ib.

166. Form of the receipt for the pauper, to be signed by the constable of the
place where delivered up, ib.

167. Information of overseers in order to remove a pauper, 931.

168. Summons of one justice to the overseers of the parish to which it is intended
to remove a pauper, to shew cause against the order of removal, ib.

169. The like summons by two justices, ib.

170. The like in another form, ib.

171. Warrant of two justices to bring a pauper before them, and be examined

as to his settlement, 932.

172. Summons of one justice for several paupers to be examined as to their set-
tlement, ib.

173. The like summons to the pauper, to show cause against his removal, in
another form, ib.

174. Form of examination of a pauper where the settlement was by birth, as a

legitimate child, 933.

175. The like by hiring and service, ib.

176. Form of examination of a soldier as to his settlement, &c., ib.

177. Order of removal, ib.

178. General order of removal, under 13 & 14 Car. II., 934.

179. The like in another form in London, 935.

180. Indorsement on the last form, suspending removal, on account of illness
of pauper, ib.

181. The like, ordering the removal to take place with costs, the pauper having
recovered, ib.

182. The like suspension of an order of removal, to be indorsed on the back
thereof, as in ordinary cases, 936.

183. Form of a subsequent permission to execute the order of removal, to be
indorsed thereon, and order of payment of the expences incurred by such
suspension, ib.

184. Order of removal of a certificated person back to the certifying parish, he
having become chargeable, and to pay costs of removal back, ib.
185. Record of an order of removal to be filed at the quarter sessions, 937.
186. Deputation of a person to remove a pauper, 938.

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PRECEDENTS-continued.

VI. Forms relating to Removals—continued.

187. A justice's order to a constable to remove a vagrant to his place of settle-
days, and that he be allowed only

ment in

ib.

188. Receipt of the vagrant by the constable of the parish to which removed,
and statement of amount of expences, ib.

189. Information of an overseer of the poor, that the expences directed to be
paid, on taking off the suspension from an order of removal, have been
refused, or neglected to be discharged, 939.

190. Summons on the foregoing information, ib.

191. Warrant of distress thereupon, ib.

192. Usual printed form of notice of appeal, at next quarter sessions, against an
order of removal of a pauper, 940.

193. A further notice of appeal against an order of removal in another form
(notice of motion to adjourn), ib.

194. General notice of appeal against an order of removal, 941.

195. Notice of trial of a respited appeal against an order of removal, ib.

196. Countermand of notice of appeal, ib.

197. Notice of the entry and adjournment of appeal, 942.

198. Petition of appeal against removal, ib.

199. Order for hearing thereupon, ib.

200. Notice to produce pauper, 943.

201. Notice of abandonment of order after removal of pauper, ib.

202. Supersedeas of the order of removal, ib.

203. Order on appeal, allowed by consent, to return pauper to the removing
parish, 944.

204. Certiorari to remove an order of removal, &c. into King's Bench, ib.

205. Case stated for opinion of court of King's Bench, 945.

206. Entry of quashing order of justices, after special case, ib.

207. Order of sessions on hearing appeal against an order of removal, quashing
same with costs and certificate of clerk of peace, taxing the costs, 946.

VII. Forms of Proceedings, under Vagrant Act, against Paupers.

208. Information against a father of a family, neglecting to maintain the same
as being an idle and disorderly person, 947.

209. Warrant to apprehend thereupon, ib.

210. Conviction of an idle or disorderly person, or a rogue and vagabond, or in-
corrigible rogue, ib.

211. Commitment of an idle and disorderly person, 948.

212. Information, by an overseer, against a pauper, for returning from a parish
to which he was removed by order of justices, ib.

213. Commitment for returning to a parish, after having been removed by order
of two justices, against the vagrant act, ib.

214. Examination of a vagrant, 949.

215. Commitment of a rogue and vagabond, ib.

216. Recognizance to prosecute a vagrant at the sessions, 950.

PRECINCT.

As such, not entitled to overseers, 7.

PREMIUM.

Payment of, evidence of intention to create apprenticeship, 473.

Absence of, no proof of the contrary intention, ib.

Must be stated in indenture, where any duty payable, 469. See APPRENTICE
(6.)

PRISONERS.

Children born of, gain no settlement thereby, 275.

May be examined as to their settlement. See REMOVAL, III. (4.)

On any civil process, or for contempt, gain no residence in the place of their con-
finement, 275.

Under mesne process for debt, not in county gaols, to be relieved by the parish of
their settlement, 201.

PROPORTION OF RATE.-See RATE (7.)

PUBLICATION

Of notice of vestry meeting must be in church, and affixed to church door, 205.
Of rate must be on the Sunday next after allowance, 134. See RATE (9.)
PUBLIC PROPERTY.

Tolls, to be expended for public purpose, are not rateable, 59.

PURCHASE. See ESTATE.

No person to gain a settlement by virtue of a, whereof the consideration is not 301.,

618.

In this act confined to cases where a pecuniary consideration is paid, 619.
In its larger sense it comprehends all property acquired except by descent, ib.
As to settlements by purchase, see ESTATE, III. 1, 2, 3, 4.

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Statute relating to, 43 Eliz. c. 2, 43.

Not a charge on the land, but on the occupier in respect thereof, 51.

1. Who are to make it.

The parish officers, 44.

Concurrence of inhabitants unnecessary, ib.

Mundamus lies to make, but not to alter it, ib.

2. Purposes for which made.

Title of rate material part of it, 46.

If it imports to be made for two purposes, and one is illegal, King's Bench will
quash it, 46, 79.

It may be made for relief of poor, 44; binding apprentices, ib; providing work,
29; purchasing lands, 39; passing vagrants, 44.

Cannot be made to repay money borrowed, 46.

For expences of litigating settlements allowed, 44.

See OVERSEERS' ACCOUNTS.

But not for indicting a person for assault on constable, 47.

For valuation of parish property? 45, n.

3. Time for which made.

It may be prospective, 47.

It must not be a standing rate, ib.

4. On whom it is to be made.-stat. 43 Eliz., c. 2, 47.

On every inhabitant, i. e. persons permanently resident and sleeping in the
parish, 47, n., 49.

It is a charge on the occupier, 51.

Occupier at will of what produces profit to himself or owner, is rateable, 49.
Occupiers are to pay, and not landlords, 49; though resident in another parish,

ib.

Owners of houses, between 61. and 201. rent, may be rated instead of occupiers,
49,50.

RATE-continued.

4. On whom it is to be made-continued.

Except where right of voting for members of parliament depends on assessment

to the rate, 51.

Goods of occupier may be distrained, 50.

Such occupier paying may deduct from rent, ib.

Receivers to be deemed owners, ib.

Owners rated may appeal and vote in vestries, ib.

Inhabitants not to be rated for any estate not in the parish, 51.

Lodgers and stall keepers are not inhabitants, ib.

Corporate bodies and colleges may be occupiers, 54.

Owner of a house occupying part, his servants part, and a pauper part, is rate-
able for the whole, 51.

So also an owner, who, with his family, was absent occasionally, and his assist-
ant had use of shop, ib.

Whether the corporate body or burgesses are occupiers, 85, 86.

There must be a beneficial occupant,

59.

Trustees of tolls, to be expended for public purposes, are not rateable if no sur-
plus, ib.

Nor a person dedicating a house to charity, unless he makes a profit, 52.
But the occupier of such house is rateable, ib.

Hospital lands are rateable, 53.

So also officer of a college for his apartments, ib.; or servants of public hos-
pitals, 53, 57, 61.

Trustees of lunatic asylum are not rateable, ib.

Nor the objects of the charity, ib.

Rates of lands taken for such asylum not to be increased, 54.

Schoolmaster, having house in lieu of salary, is rateable, 55.

Palaces, occupied by royal family, not rateable, ib.

Occupier of crown lands, by gift, or for wages, is, ib.

Lessee of king's stables, for use of regiment, not, 56.

Persons, found by sessions to be occupiers of king's battery house, is, ib.

The servant of an ambassador, occupying a house, and letting part, is liable to

be rated, and may be distrained on, 62.

Soldiers, in barracks, are not occupiers, if they have only necessary accommo-
dation, 56.

Owner of a mail packet is rateable, 113.

Owner of a chapel, making profit, is rateable, 57; secus, if no profit, ib.

Surveyor, occupying toll-house, is rateable, the tolls exempted, 62.

Toll-houses, if turnpike, are exempted, 845.

Persons empowered to make a river navigable, and taking no interest in the

soil, are not occupiers, 99.

5. What property is rateable, 62,

(1.) Lands, houses, &c., 62.

All things real, and in yearly revenue, must be taxed, ib.

Land includes every thing under it and over it, ib.

(2.) Stock in Trade, 63.

Stock in trade, of which a profit is made, is rateable, 63, 64, 65, 67.

When not, 66.

Usage cannot vary its rateability, 63, 65, 66, 67, though it may guide jus-

tices in their discretion, 65.

A farmer is not rateable for his stock, 64.

Bare possession of personal property is evidence of rateability, 66.

Difficulties attending rating personalty, 65, 66.

Personal estate must be local, and visible in the parish, 65.

A ship rateable, in her principal port, though absent when rate made, 67.

(3.) Household Furniture, Money, and Funded Froperty, 67.

Household furniture, 67, and money out at interest, 68, are not rateable.
Bank annuities not rateable under a local act, rendering money out at interest
liable, 67, 68.

(4.) Profits of personal labour, 68.

Salary for superintending government works, is not a rateable species of pro-
perty, 68.

RATE-continued.

5. What Property is rateable-continued.
(4.) Profits of personal labour-continued.

Nor attorney's profits, 68.

(5.) Tithes, 68.

By the statute tithes are rateable, 68.

Other incorporeal hereditaments or easements are not, ib., 83.

A lessee of tithes, by parol, cannot be rated, 68, 69.

If he holds by deed, semble, he is liable, 69.

A corn rent, in lieu of all tithes, is rateable, 70; unless expressly exempte
from taxes, 69.

Tithe of fish, 70; oblations, ib. ; and other rectorial or vicarial dues, are
rateable, 70.

(6.) Manors and their Profits, 70.

Rents and casual profits of a manor are not rateable, 70.

(7.) Mines, 71.

Coal mines rateable by stat., 71; if productive to any one, 73.
Lead and iron mines are not, ib.

But the lessee of lot and cope of lead mine is rateable, 72.

Toll, tin, and farm dues are rateable, 73, 74.

Rent is not rateable, eo nomine, 75, 79.

The lessor of lead mines is not rateable for the rent reserved, 75, no ore had
been raised, ib.

The lessee of a free share of calamine is rateable as occupier, ib.

The reservation of a power to pay in ore fit for smelting, or in money (which
was acted on), renders lessor rateable, 77.

Secus, if ore when smelted, for that is in the nature of rent, 80.

A conjoint rate, in respect of two things, one of which is not rateable, is bad,
46, 79.

Lime, and slate works, claypits, &c., are not mines, but rateable as land, 80.
Who the occupier, 89.

(8.) "Saleable Underwoods," 80.

Saleable" is in contradistinction to estovers for fuel, &c., ib.

Fir, planted to shelter, and cut out to encourage oaks, and not for sale, not
rateable, 81.

(9.) Commons, 83.

Mere right of common is not rateable, 83, 87.

Aftermath let out, is rateable, 84.

Burgesses who turn out cattle, and pay to others who do not, are rateable, 85.

Secus, if the corporation retain the exclusive right of possession, though bur-
gesses' stock, 86.

Way leaves, 88.

With exclusive possession of ground, rateable, ib.

But mere easement not, ib.

Dairy.

Tenant of, rateable, if he has an exclusive right of pasture, ib. 539.

Other incorporeal rights, generally not rateable.

As privilege, not exclusive, of quarrying, 89.

Or power to make river navigable, without purchase of lands, 96, 99.

(10.) Extra Profits of Land, 89.

Included in the assessment, 89.

As when it is used as a spring, ib.; or reservoir, 90; or for the water pipes,
92; or gas pipes, 92, 93.

So also for profits arising from a machine affixed to freehold, 95; and from a
billiard table, 95; and from building used as a canteen, 95.

(11.) Docks-Canals-Tolls, 95.

Merely landing some timber does not make the place a wharf, 91.

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