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1. How assessed.
RELATOR. 1. Where a canal passes through seve- See CORPORATION, III.-Quo WARral parishes, and the tonnage dues
RANTO, 2. earned in each vary in amount, the proprietors of the canal must be
RELIEF. rated to the poor of each parish in proportion to the amount of 1. Semble, that relief given to a pauper
within the relieving parish is no tonnage dues actually earned there, and not according to the propor
evidence of his being settled there. tion of the whole amount earned
Rer v. Trowbridge, M. 8 G. 4. 7 along the whole line of the canal. Rex v. Kingsninford, M. 8 G. 4.
See TRESPASS, 4.
van een See LEASE, 1.-SETTLEMENT,
See AGREEMENT. 3.-DISTRESS, 1.
ESTATE, 3.- SETTLEMENT, ?5.
RES INTER ALIOS ACTA.
See 173 (a), EVIDENCE, 13.
See Costs, 7.
I. Upon reversal of judgment,
ROGUES AND VAGABONDS.
See INFORMATION, 1.--PRACTICE,
14, 15. RE-ENTRY. Sec CONDITION, 1.-LEASE, 4.
See INSURANCE, I.
See SETTLEMENT, 9.
See INSOLVENT DEBTOR, I.
I. Upon judgment.
1. To assign breaches under 8 & 9 W.
3, c. 11, see 490 (a). 492 (a)
1. Action upon.
SEQUESTRATION, 1. Sequestrators take no'estate. 707 2. Cannot accept a surrender. ibid.
SEAMEN'S WAGES. 1. Not directly liable to contribute to general average.
page 165 (6) 2. How indirectly contributory,
I. By apprenticeship.
See EVIDENCE, 8.
1. Where an apprentice is bound out See EVIDENCE, 9. 10. 12.
of a parish by his father, but part
of the expense is paid out of the SEDUCTION.
parochial funds, the indenture must See TRESPASS, 1.
be approved by two justices,
" under their hands and seals," SEISIN.
pursuant to 56 G. 3, c. 139, s. 11;
or it will be void ab initio. Rex v. See DisseisiN.-EJECTMENT, 1.
Stoke Damarel, M. 8 G. 4. 458
II. By birth.
See Pauper, 1.-RELIEF.
2. The fact of a poor child's being
first found in a particular parish, is See OVERSEERS, 3.
no evidence of his having been born
there. I. By custom.
Rex v. Trowbridge, M. 8 G. 4.
7 1. A select vestry, consisting of an
3. And his being maintained by that indefinite number, may legally
parish for several years, and afterexist by custom. Golding v. Fenn,
wards occasionally relieved by H. 8 & 9 G. 4.
them, does not amount to an ad2. Such custom, though it may, per
mission of his being settled there. haps, imply that there must al
ibid. ways be a reasonable number with reference to the circumstances of
III. By estate, the parish, is not abrogated by the 4. The interest of a tenant from year acceptance of, and long acquies- to year, or of the executrix of cence in, a faculty, by which the such tenant, of an estate under Ordinary grants and coufirms a
101. a-year, passes to her husband select vestry, fixes the number at on their marriage by operation of forty-nine, and appoints certain in- law, and he acquires a settlement dividuals, among whom are some by forty days' residence thereon. of the former vestry, to be vestry: Rex v. Ynyscynhaiarn, M. 8 G. 4. ibid.
16 5. The wife of a person who was II. By faculty.
legally settled in A., but was a 3. The ordinary has no power to transported convict, went to B., create a select vestry.
ibid. and resided there upon an estate
in which she was jointly interested with her sisters, under their mother's marriage settlement:-Held, that she was residing upon her own, and irremovable.
Rex v. Brington, M. 8 G, 4. 6. The expenses of the surrender of
a copyhold estate, paid by the purchaser to his attorney, are not part of the consideration, so as to bring thie purchase within the 9 G. 1, c. 7, s. 5, and entitle the purchaser to a settlement. Rex v. Cottingham, M. 8 G. 4. 469 IV, By hiring and service.
See EVIDENCE, 11.
place. B. put A. on as ostler,
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 infra, 13, 15. 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. 452 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. Rol
cenden, H.8 & 9 G.4. 689 12. Under a general biring the servant
is bound to serve and the master to employ for a year.
16 13. A hiring for as long as the ser
vant pleases is a hiring at will, and rebuts the presumption of a hiring
ibid. Vide suprd, 9. Infrà, 15. V. By payment of rates.
Vide suprà, 9. 14. A residence of forty days, previous
13 8. A pauper,
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 settle• 'ment. 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.
25 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
to the passing of 6 Geo. 4, c. 57, upon a tenement of 101. 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. 86.4.
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 biring within 6 G. 4, c. 57. Rer v. Herstmonceur, M. 8 G.4. 426
Vide suprà, 9, 13.
for a year.
SOUTHWARK COURT OF
16. Under 6 G.4, c. 57, the bona fides .. of the renting relates only to the
contract as between landlord and tenant. Rer v. Kibworth Harcourt,
H. 8 & 9 G. 4. 17. The whole rent need not be paid
by the renter, provided it be actually paid.
1. Stage coach proprietors not within
3 Cur. I, c. 1, or 29 Car. 2, c. 7. SHERIFF.
Sandeman v. Bridge, T. 8 G. 4.
457 (a) See Justices, II.-LANDLORD AND 2. An action will therefore' lie for
TENANT, 1.- PRACTICE, 13, 14. neglecting to convey a passenger on 1. A., by signing his initials, executes a Sunday,
ibid. a warrant of attorney, wherein be is misnamed. Judgment is signed,
STAMP. and a fi. fa. issies in the wrong
I. Ad valorem. name. The sheriff seizes, but afterwards abandons the possession in
See ARBITRAMENT, I. consequence of the plaintiff's refusing to indemnify him against a
II, Agreement. claim of property set up by a 1. Where an agreement duly stamped stranger. The sheriff cannot return contains a special clause for refernulla bona. Reeves v. Slater, M. ring disputes to arbitration, and in 8 G. 4.
265 a second agreement between the 2. No action would lie at the suit of said parties, it is stipulated that dis
A. against the sheriff for such putes as to the construction of the seizure.
267, 268 second agreement shall be decided 3. Sheriff bound to ascertain whether by arbitration, according to the
the person whose body or goods he provision of the first agreement, à takes is the party against whom stamp adapted to the number of judgment was given.
268 words actually written in the second
agreement, without counting the
clause referred to, is sufficient. SHIP.
Attwood v, Small, M. 8 G. 4. 246
2. “ I have in my hands three bills See INSURANCE, 1, 2.STRANDING, 1.
wbich amount to 1201., which I 1. In trover for a ship with “ the ap- have to get discounted, or return
parel and appurtenances thereto be- on demand," requires no stamp. longing," the plaintiff cannot set up Mullett y. Hutchison, H. 8 & 9 Ĝ. a distinct title to a new boat and 4.
522 cordage. Shannon v. Owen, M. 8 3. Nor an acknowledgenient by an atG. 4.
392 torney of the receipt of deeds. 526 4. Nor an I O U.
III. Bills and Notes.
5. Where money is advanced upon a Sce EvideNCE, 12,-MUTINY Act, 1. note purporting to bear interest at