BANKRUPTCY.
Of master does not dissolve a contract of hiring, 288.
Of master, discharge of apprenticeship since 6 Geo. IV. c. 16, 511.
Of overseer, before the end of his year, is with his certificate a discharge of
balance in his hands, 260. BARRACKS.
Soldiers are not rateable for, if they have only necessary accommodation, 56.
Soldiers inhabiting, may rent tenement, 589.
BASTARD.
Child of a woman, whose husband is in England may be, 279, 804.
Their settlement, 279.
Settled where born, 279.
Can have no derivative settlement, ib.
Born in an extra-parochial place has no settlement, ib.
Born in a parish to which the mother has been removed by collusion, is settled in
the colluding parish, 280.
Born after order of removal made, and before removal, is settled in the mother's
parish, ib.
So also where the order is suspended, ib.
So where the mother is in transitu under it, ib.
Born after removal, and before the order is quashed, is settled in the removing
parish, ib.
Though it is not the mother's parish, 281.
And though the order was quashed for misdirection, ib.
Born in House of Industry, County Lunatic Asylum, belongs to the parish of
the mother, 281, 283.
Born in Prison, House of Industry, and Lying-in Hospital, gains no settlement
thereby, 275.
Born whilst mother was residing under Friendly Society Act follows mother's
settlement, 281, now repealed, ib.
Born of a vagrant followed mother's settlement till 5 Geo. IV. c.
83, 283.
Born under a certificate settled where born, 284.
Family," in the certificate, does not include, ib.
Nor“ Woman and her child," ib.
But a certificate describing the woman as spinster, and the child she now goeth
with, includes her bastard, 285.
“ All other children she may have” does not include bastard born eight years
after, ib.
Removal of nurse child not removable from mother, though maintainable by his
own parish, 286.
Removable to his settlement if deserted by his mother, ib.
Order of maintenance when removed with mother, 287.
Women, pregnant with, may be removed, 724. See REMOVAL, (5.)
Servants, pregnant with, may be discharged, 412, 113.
Parents may prove the child a bastard, 804, 805. But cannot prove non access,
803, 804.
BENEFICIAL OCCUPANCY.
No rate can be imposed unless there is a beneficial occupation. See Rate. BILL OF EXCEPTIONS.
Does not lie to the sessions, 787.
BINDING. See APPRENTICE, (2,) (9.)
BINSTEAD, PARISH OF. See Alice HOLT.
BIRTH, SETTLEMENT BY.
Of Legitimate Children, 277.
Place of birth, prima facie place of settlement, 277, 279.
Though the evidence is slight, ib.
Superseded by proof of either paternal or maternal settlement, ib.
Fact of person found in a parish no evidence of his birth there, ib.
Casual Poor.
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.
Evidence.
Legitimacy presumed after proof of marriage of parents, 804.
Though separated by deed, ib.
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.
as to place of birth, not admissible, 805.
Register of baptism per se, not sufficient evidence of place of birth, ib.
If the child then very young, register may be so, ib.
Register not evidence of time of birth, 802.
Parents may prove they were never married, though they have cohabited as
such, 803.
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,
208.
Exception of register of marriage, baptism, and burials, ib.
Penalty on persons injuring them, ib.
refusing to deposit them in the place selected, ib.
Inspection of, enforced by mandamus, though time for appeal elapsed, 217, 259.
Copies to be granted, 259. BOROUGH
Warden of, office of, is an office within 3 & 4 W. & M. c. 11, s. 6, 640, 641. BOROUGHS.
If a borough has not six justices, the appeal against the rate must be to the
county, 145 ; formerly if not four, 140.
If the number sufficient, but some one interested, the appeal must be to the borough
sessions, 143, 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 line for the purpose of a rate. See Appendix. 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,
517, 518. See APPRENTICESHIP, (13.) CANTEEN.
Increased profits of a building used as, may be included in the rate, 95. CASE, SPECIAL.
Sessions not bound to grant it, 787.
CASE, SPECIAL—continued.
Should refuse, if they have no doubt, 786.
Facts, and not evidence, should be found, 788.
It appeared to sessions sufficient finding, 829.
Should find the meaning of " local term,” ib.
Sessions proper judges of fraud, ib.
K. B. not disturb the inference of justices, if any premises to warrant it, ib.
Nor if ultimate decision right, but founded on wrong grounds, 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
law, ib.
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
after the sessions, ib.
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.
Persons found in a parish to be treated as, 277, 278.
So also bastards born in an extra parochial-place, 279.
A pauper, passing through a parish and meeting with an accident, must be
relieved there, and no order of removal can be made till recovery, 236,
237. A pauper, meeting with an accident in one parish, and carried without fraud
into another, is casual poor in the latter, 237, 238, 240, 241, Are entitled to medical aid from the parish where the accident happens, 241,
242, 243, 244, If the pauper is a servant, the master is not liable for the expences, 239. Nor the place of pauper's settlement, 240. As to liability of overseer or stranger for medical attendance generally, 245, n. (a.) As to poor persons born in Ireland, Scotland, Isles of Man, Guernsey and Jersey,
see Removal.
CATHEDRAL.
Area of, may be, 711, 712, but is not necessarily, 10, a vill.
CATTLEGATE.
Is a tenement within 13 & 14 Car. 11. 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
cient, ib. 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,
CERTIFICATE-continued.
4. Of Signature and Seals,-continued.
A certificate, sixty-three years old, signed by one churchwarden and one over-
seer, presumed to be good, 666, 667, 663.
After seventy years, and recognition of the certificate by the parish, it may be
presumed that a churchwarden was sworn in before he executed it, 671.
But where five officers were appointed, and two signed, the facts presumed to
render it valid, 672.
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
hamlet, 673.
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
presumed, 673.
The justices may be the witnesses, ib.
The attestation may be proved before the allowing justices, by persons who saw
witness sign, 674.
6. Proof of Certificate.
A certificate allowed and executed, certified by the justices, admissible, without
further proof, 674.
Produced by overseer, sufficient proof of custody, 828.
The production of a certificate, thirty years old, is sufficient, without giving any
account of it, 675.
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-
tificate, is not evidence for them, 674, 828.
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
apprentice gaining a settlement, 675. See n. (b.)
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
certificated parish, 676.
9. To whom it extends.
· Family” includes unborn child, 676.
- restrained to those who constitute part of the existing household, 678.
“ Wife and family,” semble, includes second wife, ib.
“ A. C., spinster, and the child she goeth with,” comprehends the child, though
a bastard, ib.
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.
It extends to those only who come to reside, and actually reside under it, 678.
An emancipated son ceases to be part of “ the family' under the certificate,
678, 679.
A child named in the certificate follows his father's settlement, for he does not
inhabit, suo jure, but as part of the family, 680, 681.
If two children are mentioned by name, an elder child is not included, 682.
A certificate of friendly society to the father, will include an unemancipated
daughter, 683.
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
with a third parish, 684.
CERTIFICATE-continued. 10. Effect of ,—-continued.
As between the original parishes, the parish granting a certificate of persons as
man and wife, cannot deny the marriage, 683.
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
third parish, 685. 11. Abandonment of.
1. By any Settlement in a Third Parish.
The onus probandi of a fresh settlement lies on the certifying parish, 686.
It is discharged by certificated person being hired and serving for a year ia
third parish, ib.
A certificated person gaining a fresh settlement, the certifying parish does
not andul the certificate, 691.
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.
Taking before certificate and completing residence after, gives settlement,
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
forty days he gains a settlement, 689.
So also an estate demised, 689, 690.
Or voluntarily given, 689.
A certificated person cannot gain a settlement by a purchase in its ordinary
sense,
687. 3. By Abandonment of Certificate. Temporary absence for particular purpose does not discharge certificate,
but an absence for six years without intention of returning does, wa,
693. It is discharged by an absence of seventeen years, and dying without re
turning, 690, 691.
But not by hiring and service in another parish, which does not give a set-
tlement, 692.
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, 695.
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
tlement as such in the parish, 663. Nor apprentice to certificated person, serving another person in the same
parish, 696, 697. Apprentice may gain a settlement between the granting and delivering of
certificate, 698. The settlement must be complete before the delivery, ib. A child emancipated cannot gain a settlement by apprenticeship in the
certified parish, unless both the binding and inhabitation take place after
emancipation, 697. CERTIORARI.
A rate cannot be removed by, 156.
Nor an appeal by overseers against disallowance of accounts, 269.
Same, if appeal, by any other person, ib.
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