when a boy, had lived for SETTLEMENT, By Birth. three years with his master, A bastard child, born in an extraand then ran away; that twenty years since, a fire happened in the apartment in which the pauper's father lived, and destroyed every thing he had; parochial place, does not acquire its mother's settlement.Rex v. St. Nicholas, Leicester, 5 G. 4. 462 that the father and mother of SETTLEMENT, By Certificate. the pauper were both dead; that the pauper's master and the wife 1. Where a parish certificate was of the latter were also dead; that the master had left no property at his decease, and that no relatives of his were to be found; that a fellow-apprentice of the pauper had seen in his master's hand an indenture, which he understood to be the the pauper; 475 indenture of apprenticeship of and that after the pauper had left his master's service he married, and the parish in which he was supposed to have served as an apprentice relieved his wife by receiving her into the workhouse:-Held, that this was sufficient evidence to warrant the sessions in presuming a legal binding and serving as an apprentice, so as to confer a settlement. Rex v. St. Mary-le-bone, 5 G. 4. 3. Where, pursuant to an order of county justices, overseers of a county parish bound one of their paupers apprentice to a master residing in a borough within the same county, having justices with exclusive jurisdiction therein, and gave no notice of such binding to the overseers of the borough parish: - Held, that the indentures were void by 56 G. 3. c. 139. and that a service under them gained the pauper no settlement; Abbott, C. J. dissentiente. The King v. Newark-upon-Trent, 5 G. 4. 745 granted by two persons, who described themselves on the face of it to be "the only churchwarden, and the only overseer of the poor of the parish:"-Held, after a lapse of sixty-three years, in the absence of evidence to the contrary, that the Court would intend, first, that the parish had by custom but one churchwarden; and second, that there had been originally two overseers, but that one had died, and consequently that the certificate was valid, as having been granted by a majority of the existing body of overseers within the meaning of the Certificate Act, 8 & 9 W. 3. c. 30. v. Catesby, 5 G. 4. Rer 434 SETTLEMENT, By Estate. 1. Where a widow was entitled to dower (which was unassigned) upon her husband's estate which had been mortgaged by him for a thousand years, and after receiving her dower upon one half-year's rent, from the mortgagee in possession, she became chargeable to the parish in which the property was situated before she had resided forty days: Held, that as the dower had not been assigned, she had not such an interest in the parish as to render her irremoveable from what could be called her own. Rex v. the Inhabitants of Northweald Bassett, 5 G. 4. 276 2. Where a pauper contracted in writing for the purchase of two 3. cottages and gardens at the price of 707. and paid 10/. on account at the date of the agreement, but never afterwards paid the remainder of the purchase money: -Held, that he had not such an equitable estate as to render him irremoveable from the parish in which the property was situated. Rex v. Woolpit, 5 G. 4. SETTLEMENT, By Hiring and Service. 456 1. Where a nephew hired himself 528 2. Where a pauper was hired for subsist between the parties so A mistress hired a servant from Shrove Tuesday until Old Michaelmas-day following, and 3 days before the latter day asked her to "stay again," to which the servant replied, she had no objection, if they could agree about wages. They agreed for 37. 10s. and one shilling earuest was paid, but nothing was then said as to the time the service was to continue. A fortnight before Old Michaelmas, the mistress said to her, "I have hired you, but mentioned no time; remember you are hired for fifty-one weeks:" to which the servant replied, "very well." The servant lived with her mistress for a year under this agreement. She had three days' holiday at Christmas, and four other days at different times afterwards, and at the end of the year received her wages :-Held, that this was a yearly hiring and service to confer a settlement. Rex v. The Inhabitants of Market Bosworth, 5 G. 4. 306 5. Where by a parol contract the master agreed to teach the pauper the trade of a shoemaker for twelve months, for which the master was to receive a guinea, the pauper's father finding him board and lodging during the time; and at the expiration of the year, the pauper entered into a fresh agreement, to work with his master for twelve months, making shoes at threepence per pair the first half year, and at fourpence per pair the remaining half year, and at the end of six months he quitted the service altogether:-Held, that there was not a connected hiring and service, so as to confer a settlement. Rex v. The Inha bitants of St. Mary, Kidwelly, 5 G. 4. 309 6. Where a pauper hired himself Rex v. 487 SETTLEMENT, By Order unappealed from. An order of sessions upon an appeal between two parishes VOL. IV. under an unstamped written agreement:-Held, that the Sessions might look at it to see whether it related to the premises in question, in order to determine upon the admissibility of parol evidence on the same subject, with a view to raise the presumption of a contract which would confer a settlement.Quare, whether any thing but an express contract for the hire of a house for a whole will year satisfy the requisites of the statute 59 G. 3. c. 50. Rex v. The Inhabitants of Bathwick, 5 G. 4. 335 The A yearly hired servant in husbandry, had by agreement a house and garden, a rood of potatoe ground, and the keep of a COW on his master's land. The keep of the cow was instead of so much wages. cow having failed in milk, the master in place thereof kept two heifers for him on his land, through kindness, and not in consequence of any bargain. The potatoe land and the keep of the two heifers being together above the value of 107.:-Held, that this was renting a tenement so as to confer a settlement, after a sufficient residence. Rex 3 L 355 447 v. The Inhabitants of Benni-12. worth, 5 G. 4. 3. Merely renting a tenement of 10l. a year without actual payment, will not prevent the removal of the tenant under the 35 G. 3. c. 101. if he is actually chargeable. Rex v. Ampthill, 5 G. 4. 4. The bonâ fide renting a tenement at 10l. a year and paying the rent after a pauper has become chargeable will not confer a settlement under 59G.3. c. 50. Quare, Whether the justices at sessions are at liberty to inquire into the real value of a tenement where there has been a bonâ fide hiring and actual payment Where a defendant was arrested, and the sheriff's officer took money 'instead of a bail-bond, from the defendant, and then wrote to the plaintiff that he could not find the defendant; and an alias writ was issued, to which cepi corpus was returned, the defendant being then in custody upon other process, and pending a body rule, the officer put in bail, and then brought up the defendant by habeas corpus, to be surrendered in discharge of his bail, the Court refused to relieve the sheriff, and granted an attachment. Vanderhaden v. Britten, 4 & 5 G. 4. 155 of a 101. rent under the statute. 3. Where the defendant obtained in the certificate of registry: 42 2. A. being sole owner of a British-built ship, signed and delivered to B. a written instrument describing the vessel, among other enumerated particulars, as being copper-bolted, &c. but not reciting the certificate of her register. At the bottom of the instrument was 52 respect; and B. now brought SIMONY. 164 contract for the sale of the next presentation to a living, the incumbent being then afflicted with a mortal disease, with the knowledge of the parties, is simoniacal, and void within the |