to the wife of a 2 certificated per wife of a certificated man. Rex v. Shenstone, M. An estate devised 32 Geo. 2. Burrows' Settlement Cases, 468. Bott, 467. 2 Nolan's Poor Laws, 78. 187. As to Residence upon a Man's own Estate. son. 1396. A man having land in a parish will not A man living in a parish where he make a settlement, but living in a parish where he has land. has land, will gain a settlement without notice. Ryslip v. Harrow, H. 8 W. 3. 2 Salkeld's Reports, 524. 2 Bott, 513. 2 Nolan's Poor Laws, 69.73 Wookey v. Hinton Blewet, M. 8 Geo. 1. 1 Strange's Reports, 476. 2 Bolt, 513. 2 Nolan's Poor Laws, 60. 115. Husband running away, wife having her. 1397. Where a husband ran away, and it was not known whether he was dead or alive; in the mean a house levised to time the wife had a house in N. C. devised to her, and she and her children go to live there, and continue therein forty days. It was held, as it was not known that the husband was dead, he must be supposed to be alive, and the wife cannot gain a settlement for herself, but must follow that of her husband, and that the husband not having resided forty days in N. C. in the house unremovable, he had gained no settlement there. Berkhampstead v. St. Mary, North Church, E. 8 Geo. 2. 2 Sessions Cases, 182. 2 Bott, 25. 2 Nolan's Poor Laws, 158. the same estate is 1398. The residence upon the same estate is not Residence upon necessary, provided it is in the same parish; nor is not necessary. it necessary that the residence should be for forty days successively. Rex v. Sowton, H. 12 Geo. 2. 2 Sessions Cases, 150. 19 Viner's Abridgment, 374. Burrows' Settlement Cases, 125. 2 Bott, 513. 2 Nolan's Poor Laws, 116. Rex v. St. Nyott's, T. 13 Geo. 3. Burrows, 132. 2 Bott, 514. 2 Nolan, 115, 116. parish where the 1399. Residence in the parish where the estate Residence in the is, is sufficient; even though the estate be leased, estate is situated and the owner reside forty days upon it by leave of the lessee for the purpose of making repairs. Rex v. Houghton-le-Spring, H. 41 Geo. 3. i East's Re Serving a public annual office. By taking a lease. Serving as deputy to another. Constable serving by a deputy. Parish clerk. ports, 247. 2 Bott, 576. 2 Nolan's Poor Laws, 98. (See pl. 1396. preceding page.) As to what Office will confer a Settlement. 1400. If any person coming to inhabit in any town or parish, shall for himself, and on his own account, execute any public annual office or charge* in the said town or parish, during one whole year, he shall be adjudged and deemed to have a legal settlement in the same. 3 and 4 W. and M. c. 11. s. 6. 1401. No person who shall come into any parish by certificate shall be adjudged by any act whatsoever, to have procured a legal settlement in such parish, unless he shall really and bonâ fide take a lease of a tenement of the value of 10l., or shall execute some annual office in such parish, being legally placed in such office. 9 and 10 W. 3. c. 11. 1402. A person sworn, and serving the office of constable or tithing-man, &c. as deputy to another, does not thereby gain a settlement. 19 Viner's Abridgment. Lothsome v. Sheriff Hales. 1 Nolan's Poor Laws, 560. Rex v. Winterbourn, H. 4 Geo. 3. Burrows' Settlement Cases, 520. 1 Blackstone's Reports, 452. 2 Bott, 163. 1 Nolan's Poor Laws, 552. 559, 3d edit. Rex v. Alleaning's, H. 9 Geo. 3. Burrows, 634. 2 Bott, 164. 1 Nolan, 556, 3d edit. 1403. A person chosen and sworn into the office of petty constable, not serving the office himself, but hiring another to serve as his deputy, gains a settlement. Rex v. Hope, Mansell, E. 23 Geo 3. Caldecott's Reports of Settlement Cases, 252. Bott, 166. 1 Nolan's Poor Laws, 561, 3d edit. 2 1404. A parish clerk † chosen by the parson who * For what is a public office or charge, see Rex v. Marsham. The office of parish clerk is a freehold, and upon that footing he gains a settlement. be served several years; it was held to be a parish office; and if he is poor and has a family he may removed, for although he came in by the parson only, yet the parish not removing him implies consent and approbation, by which consent the law adjudges him in by the concurrence of the parish. Galton v. Milwich, H. 10 Anne. Cases in the K. B. Concerning Poor, 241. 2 Salkeld's Reports, 536. Foley's Poor Laws, 123. 2 Bott, 157. 1 Nolan's Poor Laws, 522, 556. 557, 3d edit. rishes under 22 1405. Where eight parishes were incorporated, Incorporated paand had a common workhouse, under the 22 Geo. 3. Geo. 3. c. 83, and a person was appointed by one of these parishes governor of the poor of that parish for one year, and served for three years under that appointment, residing in the workhouse; it was held that no one parish had power singly to appoint a governor of its poor, and that the pauper did not, by serving under that appointment, gain a settlement. Semble, that if he had been appointed by all the parishes he would not have gained a settlement. See 39 of the 22 Geo. 3. c. 83, which provides, "that nothing in the act contained shall alter or affect the settlement of any person or persons whomsoever." Rex v. Inhabitants of Hambleton, T. 5 Geo. 4. 4 Barnewall and Creswell's Reports, 459. son executing the clerk. 1406. Executing the office of a parish clerk is suf- Certificated perficient for a certificated person to gain a settlement, office of parish for it is an annual office. It is not necessary for a parish clerk to be licensed by the ordinary in order to be legally placed in his office. Rex v. St. Mary Berkhampstead, E. 8 Geo. 2. 2 Sessions Cases, 182. 2 Strange's Reports, 942. of clerk in a 1407. A person serving an office of clerk in a Serving the office chapel situated in an extra-parochial vill, may gain chapel in an extra a settlement in an adjoining parish, if he resides parochial vill. there, and if part of the duties of his office of clerk be exercisable within that part of the parish where he resides. The King v. Ambwich, M. 6 Geo. 4. 4 Barnewall and Creswell's Reports, 757. public officer. 1408. A curate is not a public officer; nor is the Curate not a serving a cure during sequestration to be con Z Sexton a public officer. Warden for a borough. Constable of a city. Tithingman. Entering upon the office, but not sworn. Borsholder. sidered an annual office or charge under the act. Helsington v. Over, T. 13 Geo. 3. 2 Bott, 165. Burrows' Set 2 Nolan's Poor Rex v. Wantage, M. 41 Geo. 3. 2 East's Reports, 65. 2 Bott, 169. 1 Nolan, 553. 556, 3d edit. 1409. A sexton is a public officer within the meaning of the statute (pl. 1400. p. 336.), and gains a settlement, if part of the chapel-yard or churchyard is in the parish where he lives, though there are no burials in it during his being in office. Rex v. Liverpool, H. 29 Geo. 3. 3 Term Reports, 118. 2 Bott, 166. 1 Nolan's Poor Laws, 552. 556, 557. 559, 3d edit. 1410. A warden for a borough extending to two several parishes, gains a settlement in the parish in which he lives. St. Mary v. St. Lawrence in Reading, H. 9 Anne. 19 Viner's Abridgment, 379. 2 Bott, 156. 1 Nolan's Poor Laws, 552. 557, 3d edit. 1411. A constable of a city, which comprehends several parishes, gains a settlement in the parish in which he lives. St. Maurice v. St. Mary Kallendar in Winchester, E. 8 Geo. 2. 1 Burrows' Settlement Cases, 27. 2 Bott, 158. 1 Nolan's Poor Laws, 557, 3d edit. 1412. Tithingman is an annual office in a parish within the words and meaning of the act (pl. 1400, p. 336). 1413. It has not been determined whether entering upon the office immediately, but not being sworn in till after the expiration of a year, is sufficient to gain a settlement; but the court were inclined to consider it a good settlement. Holy Trinity v. Garrington, H. 2 Geo. 1. Foley's Poor Laws, 123. Cases in K. B. concerning Poor, 95. Burrows' Settlement Cases, 30. 2 Bott, 158. 1 Nolan's Poor Laws, 552. 556. 559, 3d edit. 1414. A borsholder legally placed in the office by being admitted and sworn, gains a settlement. Wingham v. Sellindge, M. 7 Geo. 2. 2 Strange's Reports, 1199. Burrows' Settlement Cases, 223. 2 Bott, 161. 1 Nolan's Poor Laws, 552. 558, 559, 3d edit. taster, and hay 1415. A hog-ringer for a parish being an office Hog-ringer, aleof great antiquity, if legally chosen at a court-leet, and ward." sworn, is a public annual office within the meaning of the statute, (pl. 1400, p. 336), (and so also an aletaster and a hayward). Rex v. Whittlesea, T. 32 Geo. 3. 4 Term Reports, 807. 2 Bott, 166. 1 Nolan's Poor Laws, 553. 555, 3d edit. for a borough. 1416. A bailiff or aletaster for a borough, nomi- Bailiff or aletaster nated at the court-leet and sworn, and executing the office for a year, acquires a good settlement. Rex v. Whitchurch, T. 27 and 28 Geo. 2. Burrows' Settlement Cases, 365. 2 Bott, 163. 1 Nolan's Poor Laws, 552. 558, 3d edit. (See Rex v. Frittleworth, pl. 1422, p. 340, post). 1417. A schoolmaster is not a public office, but Schoolmaster. only an employment, and confers no settlement. Rex v. Melbourne, E. 18 Geo. 2. 2 Strange's Reports, 1125. Burrows' Settlement Cases, 244. 2 Bott, 162. 1 Nolan's Poor Laws, 555, 3d edit. on births and burials. 1418. A person serving the office of collector of Collector of duties the duties on births and burials, for a year in a parish, under the stat. 6 and 7 W. 3. c. 6. gains a settlement. It need not be a parish office, but a public annual office. Bisham v. Cock, H. 7 Geo. 1. Strange's Reports, 411. Foley's Poor Laws, 124. 2 Bott, 157. 1 Nolan's Poor Laws, 552. 556, 3d edit. land-tax. 1419. A person serving the office of collector of Collector of the land-tax, gains a settlement within the meaning of the statute (pl. 1400, p. 336). Rex v. Hammond, H. 7 Geo. 1. 2 Bott, 157. 1 Nolan's Poor Laws, 552, 3d edit. workhouse. 1420. Governor of a workhouse (if stated to be Governor of a "a public or annual office"), at an annual salary, put into possession of certain apartments in the workhouse usually occupied by former governors, by the parish officers, gains a settlement. Rex v. Ilminster, M. 41 Geo. 3. 1 East's Reports, 83. 2 Bott, 167. 1 Nolan's Poor Laws, 554, 3d edit. 1421. The appointment of master of a work- Master of a workhouse, although appointed by the vestry, is not such a public office, or public annual office, within the house. |