SELECT VESTRY.
See OVERSEERs, 3.
I. By custom.

1. A select vestry, consisting of an indefinite number, may legally exist by custom. Golding v. Fenn, H. 8 & 9 G. 4. 647

2. Such custom, though it may, perhaps, imply that there must always be a reasonable number with reference to the circumstances of the parish, is not abrogated by the acceptance of, and long acquiescence in, a faculty, by which the Ordinary grants and confirms a select vestry, fixes the number at forty-nine, and appoints certain individuals, among whom are some of the former vestry, to be vestryibid.

men.

5. The wife of a person who was legally settled in A., but was a transported convict, went to B., and resided there upon an estate

1

See EVIDENCE, 11.

8. A pauper, under

age,

469

7. A. asked B. an innkeeper for a place. B. put A. on as ostler, saying, that he did not mean him to have a settlement. No earnest or wages were given, but A. was to have what he got as ostler. A. lodged and boarded in B.'s house. A. could have quitted at any time he pleased, or B. might have turned him away at any time. A. served under the above terms more than a year-Held, that this was not a general or yearly hiring, and that no settlement was gained by it. Rex v. Great Bowden, M. 8 G. 4. 13 hired himself by contract to serve on board a ship trading to Newfoundland. While he was so serving and before he attained twenty-one his father acquired a new settlement. The pauper, after he had attained twenty-one, returned to his father's house-Held, that the pauper was not emancipated when his father acquired the new settlement, and that his settlement shifted with that of his father. Rex v. Lytchett Matravers, M. 8 G. 4. 9. The pauper was hired by one of the superintendents of the Royal Military College at Sandhurst, at 16s. a-week, and two suits of

25

clothes per annum; to give a month's notice if he wished to leave, but to be dismissed (for misconduct) at any time. The

college is exempt from poor rates, and pays no taxes for its servants. The pauper remained a year in the service, boarding and lodging in the college:-Held, that he acquired a settlement in Sandhurst. Rex v. Sandhurst, M. 8 G. 4. 95 Vide infrà, 13, 15.

452

10. A contract of hiring and service for a year, made on a Sunday, is not within the prohibition in 29 Car. 2, c. 7, s. 1; and due service under it confers a settlement. Rex v. Whitnash, M. 8 G. 4. 11. A. agrees with B. to serve him as ostler at 2s. a week in the summer, and Is. 6d. a week in the winter:Held, a weekly hiring. Rex v. Rolcenden, H. 8 & 9 G. 4. 689 12. Under a general hiring the servant is bound to serve and the master to employ for a year.

16 13. A hiring for as long as the servant pleases is a hiring at will, and rebuts the presumption of a hiring for a year. ibid.

Vide suprà, 9.-Infrà, 15.

V. By payment of rates.
Vide suprà, 9..

14. A residence of forty days, previous to the passing of 6 Geo. 4, c. 57, upon a tenement of 10l. a year, by a party who has paid parochial rates, will not confer a settlement, unless all the forty days are subsequent to such payment. Rex v. Ringstead, M. 8 G. 4. 448

VI. By renting a tenement.

15. The taking of a tenement at twenty guineas a year, the rent to be paid weekly, but either party to be at liberty to give three months' notice from any quarter-day, is a yearly hiring within 6 G. 4, c. 57. Rex v. Herstmonceux, M. 8 G. 4. 426 Vide suprà, 9, 13.

See JUSTICES, II. LANDLORD AND TENANT, 1.-PRACTICE, 13, 14. 1. A., by signing his initials, executes

a warrant of attorney, wherein he is misnamed. Judgment is signed, and a fi. fa. issues in the wrong name. The sheriff seizes, but afterwards abandons the possession in consequence of the plaintiff's refusing to indemnify him against a claim of property set up by a stranger. The sheriff cannot return nulla bona. Reeves v. Slater, M. 8 G. 4. 265

2. No action would lie at the suit of A. against the sheriff for such seizure. 267, 268 3. Sheriff bound to ascertain whether the person whose body or goods he takes is the party against whom judgment was given.

SHIP.

268

STAGE COACH.

1. Stage coach proprietors not within 3 Car. 1, c. 1, or 29 Car. 2, c. 7. Sandeman v. Bridge, T. 8 G. 4. 457 (a) 2. An action will therefore lie for neglecting to convey a passenger on a Sunday. ibid.

STAMP.

I. Ad valorem. See ARBITRAMENT, 1.

II. Agreement..

1. Where an agreement duly stamped contains a special clause for referring disputes to arbitration, and in a second agreement between the said parties, it is stipulated that disputes as to the construction of the second agreement shall be decided by arbitration, according to the provision of the first agreement, a stamp adapted to the number of words actually written in the second agreement, without counting the clause referred to, is sufficient. Attwood v. Small, M. 8 G. 4. 246 2. "I have in my hands three bills which amount to 1207., which I have to get discounted, or return on demand," requires no stamp. Mullett v. Hutchison, H. 8 & 9 Ġ. 4.

SOLDIER.

392

See EVIDENCE, 12,-MUTINY ACT, 1.

III. Bills and Notes. 1

522