BIRTH, SETTLEMENT BY-continued. Of Legitimate Children-continued. Child of vagrant settled where born, 278, 283. So also children born here of Irish parents, where the parents are irremovable, 888. Legitimacy presumed after proof of marriage of parents, 804. Same if divorced, ib. Illegitimacy inferred from treatment of a child by parent, ib. Declaration of dead parents that child was born before marriage admissible, ib. Register of baptism per se, not sufficient evidence of place of birth, ib. Register not evidence of time of birth, 802. Parents may prove they were never married, though they have cohabited as May prove criminal intercourse, but not non-access, 803, 804. Of Illegitimate Children. See BASTARDS. BIRTHS AND BURIALS. Collector of duties on, an office within 3 & 4 W. & M. c. 11, s. 6, 644, 645. BOOKS. Parish, to be kept in such place and manner as inhabitants in vestry shall direct, Exception of register of marriage, baptism, and burials, ib. Penalty on persons injuring them, ib. refusing to deposit them in the place selected, ib. BOROUGH. Warden of, office of, is an office within 3 & 4 W. & M. c. 11, s. 6, 640, 641. If a borough has not six justices, the appeal against the rate must be to the If the number sufficient, but some one interested, the appeal must be to the borough BRIDGE. Being charged with and paying rates for county, gives no settlement, 656. Tolls of a bridge are a tenement, 530. collected only on one side, may be distributed over the whole BURIALS AND BIRTHS. Office of collector of duties on, within 3 & 4 W. & M. c. 11, s. 6, 645. C. CANALS. Rate for. See RATE, (11.) See also PROPERTY WHERE TO BE RATED. CANCELLING. What amounts to a cancellation of indenture of apprenticeship, 509, 510, 513, CANTEEN. Increased profits of a building used as, may be included in the rate, 95. Sessions not bound to grant it, 787. CASE, SPECIAL-continued. Should refuse, if they have no doubt, 786. K. B. not disturb the inference of justices, if any premises to warrant it, ib. If case insufficiently stated, K. B. will remit it, by consent of both parties, ib. Case sent back to be heard on the merits, the sessions being wrong in point of A formal objection not allowed, which is not stated in the case, ib. n. Sending a case back, is like granting a new trial, 789. It must be removed to K. B. by certiorari, (Appendix,) and within six months Cannot be waived by the parties, ib. CASUAL RESIDENT. Is not rateable, 51. CASUAL POOR. How provided for where guardians are appointed, 216. See GUARDIAN. So also bastards born in an extra parochial-place, 279. A pauper, passing through a parish and meeting with an accident, must be A pauper, meeting with an accident in one parish, and carried without fraud Are entitled to medical aid from the parish where the accident happens, 241, If the pauper is a servant, the master is not liable for the expences, 239. As to liability of overseer or stranger for medical attendance generally, 245, n. (a.) CATHEDRAL. Area of, may be, 711, 712, but is not necessarily, 10, a vill. CATTLEGATE. Is a tenement within 13 & 14 Car. II. c. 12, 526. See TENEMENT (2.) CERTIFICATE, (Acknowledgment of Settlement by.) Certificates now useful to obviate reluctance of parishioners to employ paupers, 662. Parish not compellable to grant them, 673. 1. Statutes relating to, 662-665. 2. Form of, and Allowance, 665. Acknowledging pauper as inhabitant, without saying legally settled, suffi 3. Direction of. Need not be directed to any parish, 666. To parish of A., and any other parish in the city and county, sufficient, ib. A particular parish must be in contemplation, 666, 684. 4. Of Signature and Seals. It must be signed and sealed by the majority of churchwardens and overseers, Where majority, sufficient, 671. One overseer only appointed, signature by him is void, 666. So also by two churchwardens, one of whom was sole overseer, 666. But see CERTIFICATE-continued. 4. Of Signature and Seals,-continued. A certificate, sixty-three years old, signed by one churchwarden and one over- After seventy years, and recognition of the certificate by the parish, it may be But where five officers were appointed, and two signed, the facts presumed to There must be distinct seals for each signature, 669, 670. Persons, described as officers of the parish, may be shewn to be officers of a 5. Of Allowance and Attestation. It must be allowed and subscribed by two justices, 662, 673. If the parish is in two counties, by the justices of either, 673. It must be attested by two witnesses before allowance, 662. Where an order stated that a certificate was duly allowed, attestation will be The justices may be the witnesses, ib. The attestation may be proved before the allowing justices, by persons who saw 6. Proof of Certificate. A certificate allowed and executed, certified by the justices, admissible, without Produced by overseer, sufficient proof of custody, 828. The production of a certificate, thirty years old, is sufficient, without giving any If any account required, the overseer who produces it may be examined for that But an entry, made by a parish officer in an old book, of having received a cer- Connected with an order for granting it, it may be, 828. 7. Of the Delivery. A certificate of the master must be delivered to the parish, to prevent his So also a certificate given by a friendly society, 675, 676. Delivery presumed at the time the pauper went into the parish, 828. 8. Persons protected by. A person who resides in a poor house, situate without, but belonging to, the 9. To whom it extends. Family" includes unborn child, 676. restrained to those who constitute part of the existing household, 678. "A. C., spinster, and the child she goeth with," comprehends the child, though Secus" all the children she might have," 676. Children who have become heads of families are not included, 677. Grandchildren are included only when the parent is named in the certificate, ib. A child named in the certificate follows his father's settlement, for he does not If two children are mentioned by name, an elder child is not included, 682. 10. Effect of. It is not evidence, even as an admission, unless properly signed, 673, 675. It is conclusive only between the original parties, 684. It is a kind of estoppel and not to be favoured, 684. The certifying parish may enquire into the truth of the certificate in a question CERTIFICATE-continued. 10. Effect of,-continued. As between the original parishes, the parish granting a certificate of persons as Though the man had a wife living, ib. Or the husband a wife, ib. And if it certifies a child, it cannot deny its legitimacy, 683. It is not conclusive against subsequent settlement, 685. It extends no further than the parish to which it is first delivered, 685. A certificated person, or his apprentice, may gain any kind of settlement in a 11. Abandonment of. 1. By any Settlement in a Third Parish. The onus probandi of a fresh settlement lies on the certifying parish, 686. A certificated person gaining a fresh settlement, the certifying parish does 2. By Settlement in the Certified Parish. By taking a tenement of the yearly value of 101., 686. Tenement under 13 & 14 Car. II. is a tenement under this statute, 686. By appointment to execute annual office. See title, OFFICE. By estate. See that title. Twenty years' possession gives him such an estate, as by residence for So also an estate demised, 689, 690. Or voluntarily given, 689. A certificated person cannot gain a settlement by a purchase in its ordinary 3. By Abandonment of Certificate. Temporary absence for particular purpose does not discharge certificate, It is discharged by an absence of seventeen years, and dying without re- But not by hiring and service in another parish, which does not give a set- 4. By Order of Removal. It is discharged by an order of removal, 694. 5. By a Certificate to another Parish. A certificate to another parish discharges prior one, 694. 12. Removal of Certificated Persons. Only those who are chargeable can be removed, €95. May be removed to a settlement gained before certificate granted, ib. 13. Of Apprenticeship under Certificates. No apprentice to, or hired servant of, certificated person shall gain a set- Nor apprentice to certificated person, serving another person in the same Apprentice may gain a settlement between the granting and delivering of The settlement must be complete before the delivery, ib. A child emancipated cannot gain a settlement by apprenticeship in the CERTIORARI. A rate cannot be removed by, 156. Nor an appeal by overseers against disallowance of accounts, 269. CESTUI QUE TRUST. Residence by, sufficient to give a settlement by Estate, 601. See ESTATE. CHAPELS. Rateable when profit made of them, 57. CHARGEABILITY. Actual chargeability essential before removal, 748, 749. And adjudication of, 748, 749. Every unmarried woman with child deemed chargeable, 709. So also a married person pregnant with bastard, 716, 717, 718. Upon removal, justice must adjudge such person to be chargeable, 724. This constructive chargeability not within 59 Geo. III. c. 12, s. 33, 278. Poor persons born in Scotland, &c. being chargeable, removed to their native Persons may be chargeable, and not removable. e. g. Nurse child, 286. Servant pregnant with bastard, 723. Wife deserted resident on husband's estate, 716. CHARITY. Lands appropriated to charitable purposes are rateable, if beneficially occupied, Objects of the charity, as lunatics, not rateable, 53. No settlement can be gained by residence, or hiring service in certain charitable Employment from charitable motive is not a hiring, 331, 333. Where premium supplied by public charity, no stamp requisite, 428. What is a public, 465. See APPRENTICE, (6.) Residence in a tenement, as a matter of charity, confers a settlement, 554, CHATTEL. The value of no chattel can be added to make the tenement of annual value of What is a chattel, or what is parcel of freehold. See TENEMENT, (2.) CHILDREN. See BASTARD-BIRTH. "SETTLEMENT." Orphan children may be sent by guardians to workhouse, 225. So also children of tender years becoming chargeable from accident or mis- Or they may be placed with a reputable person in and near the parish with To be delivered to their parents on request, ib. No child under seven to be separated from parents without consent, ib. Who are comprehended by this word and a certificate, 676. САТЕ, (9.) Children means legitimate children only, 676. See CERTIFI- Nurse to be removed with their parents, whether legitimate or not, 286. Of sufficient ability, bound to maintain their parents, 163, 164. Legitimate children only intended, 165. How bastards maintained. See BASTARD, Vol. I. How they cease to be part of the family. See EMANCIPATION. CHIMNEY SWEEPERS. See Children under eight years of age, 457, or above sixteen, 431, cannot be bound CHURCH. A rate for ornaments and repairs of parish, is within 3 W. III., c. 11, s. 6, Notice of vestries, to be given in, 205, and affixed to the door of, ib. |