of 10l. a year.

599

239
2. A penfioner of the East India Com-
pany, hiring himfelf as a fervant for
a year, with a refervation to himself
of two days in each half year, when
he might go for his penfion, cannot
gain a fettlement by fervice under
fuch a contract. R. v. The Inhabit-
ants of Over, Trin. 41 Geo. 3.
3. A fervice under a hiring by the week
(the fervant boarding and lodging
himfelf), nothing being faid about
Sunday, but the fervant working on
that day occafionally, when asked by
his mafter, without additional wages,
though he fometimes received victuals,
may be joined with fervice under a
yearly hiring as a menial fervant, fo
as to confer a fettlement by hiring and
fervice for a year.
R. v.
The Inha-
bitants of Sutton, Trin 41 Geo. 3. 656

SETTLEMENT BY OFFICE.
The feffions finding that the pauper was
legally appointed Governor of the
work houfe in I. at an annual falary,
and that the office of governor is a
public annual office, and that the pau-
per ferved it for a year: held that a
fettlement was thereby gained in I.
R. v. The Inhabitants of Ilminster,
Mich 41
Geo. 3.
83
SETTLEMENT BY RATING, &c.
The ftit. 35 Geo. 3. c. 101. which pro-
vides that after the paffing of the act,
no person who shall come into any
parifh fhall gain a fettlement by be-
ing rated to any tenement under fol.
a-year value, extends to perfons who
were in the parish at the time of the
paffing the act. R. v. The Inhabitants
of Iflington, Hil. 41 Geò. 3.

283

SETTLEMENT FROM PARENTS.
A fon of age and married, continuing to
live with his father, does not follow a
fettlement fubfequently acquired by
the father in another parish, to which
the fon alfo accompanied him as part
in fact of his household. R. v. The
Inhabitants of Everton, Trin. 41 Geo. 3•
3.

The renting by a needle-maker of
certain runners in another's mill, to-
gether with a packetting-room, of all
which he had the exclufive use (a
runner being a piece of machinery
for fcouring needles fcrewed down to
the floor of the mill), the whole being
of the annual value of above rol. in-
cluding the feparate value of the run-
ners, is not the taking of a tenement,
whereby a fettlement can be gained.
R. v. The Inhabitants of Tardebigg,
Trin. 41 Geo. 3.

528
2. The occupation of a cottage for 40
days, by the leave of the former te-
nant, who then went out, under an
agreement with him to pay the fame
rent to the landlord which he had be-
fore done, but without any authority
from the landlord (the cottage, to-
gether with other premifes occupied at
the fame time being 10l. a year and
upwards), was holden to give the oc-
cupier a fettlement. R. v. The Inba-
bitants of Aldborough, Trin. 41 Geo. 5.

SHAM PLEA.

See PRACTICE, No. 7.

SHERIFF.

59

After a party arrested on civil procefs
has been difcharged, on giving a bail
bond to the Sheriff for his appearance
at the return of the writ, it is op-
tional in the Sheriff whether he will
accept the furrender of the party in
difcharge of the bail bond before the
return of the writ; and therefore,
though notice of tuch furrender were
given to the Sheriff, and the gaoler in
whofe cuftody the party then was at
the fuit of another; after which the
gaoler let the party out of cuftody;
yet held that the gaoler was not liable
upon his bond of indemnity to the
Sheriff, as for an escape in the former
fuit; for the party was not legally in
the custody of the Sheriff or his gaoler,
merely by virtue of fuch notice of fur
render. Hamilton v. Wilson, Eafter,
Geo. 3.
383

41

SHIP.

SOLDIER,

4

tue of a bill of lading figned by the
carrier in the course of his voyage.
Sweet v. Pym, Mich. Geo
41 3.
2. A delivery by the confignor of goods
on board a fhip chartered by the
confignee is a delivery to him, and
the confignor cannot afterwards top
them in tranfitu. But where the de-
livery was made on board fuch a fhip
in Ruffia, and by a law of that coun-
try, the owner of goods, in cafe of
the bankruptcy of the vendee, may
fue out process to retake his goods on
board a fhip, &c. and retain them till
payment; and the owners hearing of
the infolvency of the vendee, applied
to the captain on board of whofe fhip
the goods had been delivered, to fign
the bills of lading to their order,
which he complied with, without the
neceffity of fuing out procefs; held
that this was a fubftantial compliance
with fuch law, and that the captain,
on his arrival here, was bound to de-
liver the goods to the order of the
vendors, and not to the affignees of
the vendee, who had become bank-
rupt. Inglis and others, affignees of
Crane, v. Ufherwood, Trin. 41 Geo. 3.

T

TENANT IN COMMON.

515

See BANKRUPT, No. 6 and 7, or PART-
NER, No.
and 4.
3
One tenant in common levying a fine of
the whole, and taking the rents and
profits afterwards without account for
nearly five years, is no evidence from
whence the jury should be directed
(against the juftice of the cafe), to
find an oufter of his companion at the
time of the fine levied and confe-
quently the latter may maintain eject-
ment without making an actual entry..
Peaceable d. Hornblower v. Read and
another, Trin. 41 Geo. 3.

568

See FORESTALLING, No. 20.

W

WARRANT OF ATTORNEY.
The rule of Court of the 4th Geo. 2.
requiring an attorney to be prefent
on behalf of a prifoner at the time of
his executing a warrant of attorney

1. An order made by Juftices of Peace,
under the ftat. 13th Geo. 3. c. 78
f. 19. for ftopping up an old foot way,
and fetting out a new one, muft follow
the form prefcribed in the schedule
annexed to the act, and fet forth the
length and breadth of the new foot-
way, otherwife it is no answer to a
juftification of a right of way pleaded
to an action of trefpafs, quare claufum
fregit, brought by the owner of the
foil over which the old way led. The
ftatute requires that the form fet forth
in the schedule" fhall be used on all
"occafions, with fuch additions and
"variations only as may be neceffary
"to adapt it to the particular exi
"gency of the cafe." Under thefe
words a material variance from the
form prefcribed is fatal, and may
be taken advantage of in a collateral
proceeding. Davifon v. Gill, Mich.
41 Geo. 3.

64
2. A claim of a prefcriptive right of way
from A. over the defendant's clofe
unto D. is not fupported by proof that
a clofe called C., over which the way
once led, and which adjoins to D.
was formerly poffeffed by the owner
of close A. and was by him conveyed
in fee to another, without referving
the right of way; for thereby it ap-
pears that the prefcriptive right of way
does not, as claimed, extend unto D.,
but ftops fhort at C. Quære, if the
claim had been for a prefcriptive right
of way over the defendant's clofe to-
wards D. Wright v. Rattray, Eaft.

41 Geo. 3.
377
3. But where in trefpafs qu. cl. fr. the
defendant prefcribed for an occupa-
tion way from his own clofe unto
through and over" the locus in quo
to and unto a certain highway, &c.
fuch plea may be fuftained, though it
appeared that one out of feveral inter-
vening clofes was in the poffeffion of
the defendant himself. Fackfon v.
Shillito, Trin. 32 Gro. 3. C. B. (cited)

381

WILL.