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Charles Viner.

A general abridgment of law and equity : alphabetically digested under proper titles, with notes and references to the whole (Volume 19)

. (page 62 of 96)


thereto.

!. "T>OOR Children whofe Parents are dead are to be fet on Work, re-

\f lieved or maintained at the Charge of" the Town where they were

dwtdliog at the Time of the Death of their Parents, and are not to be

feni to the Place of their Birth &c. Dalt. Juft. 227. cap. 73. cites it as

the Direction of Fleming Ch. J. 1 1 Jac. Wefton v. Cowledge.

Dalt. Jfcft. 2. The father of an Ideut ought to maintain him ; and if' he cannot,

ca P- '%• the Parilh or Place where his Father is fettled, muft : And there is no Dif-

r- C " r-'tlie - fer ence bet»\ cen an Ideot and any other poor Child. 2 Salk. 427. Mich.

Staweaf S W". 3. B. R. Hard's Cafe.

Ideot could gain a Settlement ; For till then Notice wa<= not neceflary, but fmce he Hull follow the
Settlement oV his Father 5 Per Cur. 12 Mod. 322. Mich. 11 W. ;. B K. Anon.

The Child 3. A Settlement of the Father is fi for the Child; Per Cur. 12 Mod.
flu 11 follow ,jj" p a f c h. 12W.3. B. R. in the Cafe of the Inhabitants of Spittle-

SSfhs fie ^ S V - the Paiilh 0l St - AndreW -

teSnsa tfituB Stttkrmnt; Per Cur. 12 Mod. 322 Anon. S. P. MS. Cafes Mich. 5 Ann. The

Queen v. Clifton, Burtp% and Great Sankey. Generally all Children axe to be lent to and fettled

with tie Parents. 2 Shaw's Pratt Juft. 52.

6Mod.S : . 4 H. was fettled at Cannier, and had fever al Children born there, ai !

Mich z afterwards he removed to Mtlton and gained a Settlement bj fene-

« r' \ n" ment of the Value of 10 1. per Ann. He became poor, and his ( I . tdren an-

accordingly der the Age tf 7 Tears were fent back to Cutnner by Order of zjufttces,

PoorV which was confirmed at the Seifions. Powel J. held, That when a

Settlements JQnJld is lent with his Parents by reafon of Nurture, it gains no Settle*

2 ? 9 ' Q &C o ment; but here the Children did not come to M ikon by Order. The

t'l Children's Settlement fhall not be divided from the Father's, for that

Ndf.Juft. would be unnatural : When a Man gains a Settlement tor himfelf his

542. cites Vv'ite and Servants, he fhall gain a Settlement tor his Children alio.

,s S"7T r Hok Ch. ] faid, The Queftion here is, Whether the full Settlement by

£»»£ Birth is altered? And faid, It was hard, he confeifed, to remove the

S.P.-— Child horn the Father. And afterwards he held, That in this Cafe the

Dait. Juft. Settlement of the Father at Milton was a Settlement lor the Children

fP-tfv, alfo 2 Salk. 528, 529. Trin. 1 Ann. B. R. Cumner Parilh v. Milton
cites S. C _ . n J 7

— Shaw's Panfh.

fZc'rim S C S. C. And per Holt Ch. J. The Place where legitimate Children are born is not

the Phce of their Settlement; For let that be where it will, the Children arc fettled where their Pa-
rents aw -fettled : As for Inftance, If the Father is fettled in the Panfh of H. but goes to work in the
Par fh of B and before he gains any Settlement there has a Son born m the Panfh of B and then dies,
KhildftXbefenttothe Parilh of H. For 'tis not the Birth .but the Settlement of the Father that
makes 1 e Settlement of the Child ; And if the Father has gained a new Settlement for h.mlelf (as he
ha I done in "the principal Cafe) he hath Hkewife gained a New Settlement for his Uuidron, who do
Sot^ithhimtTtbis^Seife.nentasNnrieClUd^bul asPartof hisfam.lv ; Andasked To
Whaf Purpofe the Father, u P on coming into a New Parilh, is to give Nonce of the Number or his Fa.
roily but upon a Suppofition that .hey may gain a Settlement there. 5 Salk 259 Trin. 2 Ann S. C.
__SGciKd Poor's Settlements 5;. pi. Si. in the Cafe of St. Saviour's Southwark v St. Cache-



rinc s.



5 If a Man dies and after a Child is born, this Child fhall be fettled
where the Father was fettled before his Death. MS. Cafes. Mich. 5 Ann.
The Queen v. Clifton, Burton, and Great Sankcy.

6. A



n



Settlement of the Poor.



383



6. An Order to remove John Darby to the Parilh of Mtddlebam in )brk- The Court
/Lire, being of tkeJge of 10 1 ears, bee a life it was the Place of bis Father' s™*™£f m
Settlement, was qualh'd, becaufe the Son might have gained a Settlement OrderofA/-
in fome other Parilli bv ferving an Apprenticeihip (or as Parker Cfa.T Jaidjlms, which
where he is born out of the Patifh where the Father lived, and always removed a
lived with a Grandmother, and it would be very hard to remove him to }' r J" e ^
•the Father's Parilli as Part of his Family) and tho' it be be generally children toN.
true that the Children follow the Settlement of their Father (i. e.) while becaufe tha*
they are under the Age of 7 Years, yet when they are above 7 Tears o/i,N. wasffce
if the Children had not gained another Settlement it muft be fpeci/ied fa W £fj°n ent 9 f
the Order. Orders being Judgments, they as well as Executions mult be ih ' t Father,
certain, and it is not a neceflary Coniequence, becaufe the Father was yet it is no
fettled there, therefore the Son is ; hit where Children are under fev ». Confequencc
this Certainty is net required, becaufe they are then incapable oi having |,g J-^of the
any Settlement but the Father's. MS. Cafes. MieW 9 Ann. B. R. ( .
Anon. Fu -' £l;e y .

might have

rxh-.ed a new Settlement ; but Per Cur. that it is not to be fuppofed. 10 Mod. 272. Mich. I Geo. B. R.
rarifhes of Newark v. Workl worth.

7. Six Children of J. a Widow, were, by an Order of 2 Juftices, which Poor's Set-
fpecified their Names and Ages, removed from the Pariih oi' St. George to ^"""ita
the Pari iii o£$t.Katkeri#e, as being the Place of their laft legal Settlement ; g. c. 'by
.Upon this the Pari h of St. Katharine appeals, and thereupon the whole Name of St.
Matter appeared to e thus: J. marries a Man who had a Settlement in | Svi ? uf ''V
the Pari/b$f St.. Katharine, and all her 6 Children -were born there, and ^ :^_ '

Jhc lived -zijicb her Husband 'there till he died ; after his Death jbe goes into the rherineV—




was "their Settlement, ,; ) that the Single Queition upon theie Orders was, the Place of
Whether the Children mould be fettled where the Father was laft fettled, g 8 le £ ;l1
or have a Settlement vs ith the Mother in the Parilli of St. George ; and }^^^rd,
the whole Court were of Opinion that the 6 Children were fettled in the 2 f K! -'hearing
Parilh of St. George, where the Mother's laft Settlement was. Foley's which Ap-
Poor Laws. 254. 255. Mich. 1 Geo. B. R. The Parilh of St. George in P«J the
Southwark v. the Parilh of St. Katharine near the Tower, Middlefex. jg^fJJ!

daily, vis. That it appear'd to that Court that J. B- rented a floufe, and feme Clofes at W. about $0 1. per Ann.
a-nd inhabited in the faid Hcufe for federal Years, and died infofoent, and lejt a Widow and one Daughter, tvhofe
A.i»/f is E. B. the JVidoV) foon ajter removed to f. to a Mejfuage of alotit 40 s. per Annum Value, and fome
Lands about 10 /. per dbmm that umw hut c-wn Eft a tefor Lije, both Houfe and Land being Copyhold, and
took her /aid Daughter icith her then about the Age 0/14. The Daughter lifoeituith her Mother at P. above
Z Years in the f aid Meffuage, but the Mother let the Land to a Tenant, whereupon the Sefhons was of O-
pir.icn that the faid K B. was fettled at VV. the Place other Father's Settlement, and not at P. where fhe
lived with her Mother, and therefore confirmed the Order for fending her to W. Thefe Orders being
removed intoB. R. It was moved to quafh them, becaufe it appeared by the Fact (rated that the laft legal
Settlement of E. B. was at P. becaule the Mother being a Widow, and having gained anew Settlement
after her Husband's Death the Daughter gained a Settlement alio as Part of her Family, and there
is no Difference between a Father's gaining a Settlement and a Mother's iri fuch a Cafe as this ; For the
Mother is obliged to provide for her Children after the Husbands Death, as the Father was when living,
and flie could not leave this Daughter behind her, neither couid flic be removed from her. And this
Cafe of the Inhabitants of |fet.€atl)erme'j8( v. the Inhabitants of $&t. cited as a Cafe exprefly in Point, where fuch Orders as thefe were qualh'd for the Kealbns before
alleg'd. The Court ordered the Copy of the Orders of St. Karherine's and St George's to be dcliver'd
to them, and that it fhoald be ftirred again. And afterwards upon reading theie Orders, the Court,
upon the Authority of that Precedent, qualh'd the Orders in the prcfent Cife, and adjudged the Pla.-e of
i. h.'s lalt legal' Settlement to be at P. 2 Ld. Rayni. Rep 1474. Hill. 13 Geo. Inhabitants of
W order, v. the Inhahuansof Paulfpury.

* 2 Ld Ravin Rep. 14-4 in citing this Cafe in the Cafe ofWoodend v. Paulfpury mentions that flie
never paid any thing to her Landlord.

8. 7 s . B. lived at IV. many Years, where he gained a Settlement, and
daring that Time R. his Son lived with him ; If. B. bought an Efiate at E.

and



384



Settlement of the Poor



and lived upon if, but R, being 30 Tear sold and married, continued at W.
but by Order was removed to E. and ill. It was objected that until
fuch "time as he gained a Settlement by his own A£t he was to follow the
Settlement of the Father, and that it was not material what Age the
Son was, or whether married or not, and in this Cafe the Son never ob-
tained any Settlement, but as Part ol his Father's Family ; but the Order
was qualifd ; For the Settlement of the Son and Family was at \V r .
MS. Cafes. Trin. 7 Geo. Ealt-YVeodhay v Weit-Woodhay.

9. A poor Man lived in St. G. with his Wife and Children, and died

there, and all his Children lived there, but he being fettled in E. his Removal

was intended, but prevented by his Death. The Queltion was, \\ hether

the Wite and Children lhould be lent to E. Per Prat Ch. J. and Powys

J. it will be hard lb to do, the Children never being there at all and born

in E. and quaih'd. Per Eyre and Fortefcue the Settlement of the Father

is the Settlement of the Child, and he fhall follow fir ft the Settlement

of the Father then of the Mother, and if thefecannot be known he is to

go to the Place of his Birth as in Cafe of a Baftard or a Vagrant, for every

Baftard is a Vagrant, as wanting the Settlement of a Father and Mother,

being nullus Filius, and a contrary Conttruction would be to make all

the Children Vagrants. This Right of the Children arifes by Aft of

Law, and is out of the Cafe of Kelidence lor 40 Days. MS. Cafes.

Mich. 9 Geo. Anon.

Sc where Sa- lo , ] c appeared to the Court by the Teftimony of E. P. That the

n' 1 E l "h ^'^ ^" ^' was ' ac r ^ e Time t ' le *~ a 'd Order was made, a married Woman,

Daughter' ' an( l tnat ^ er Husband was one T. P. who was born in Wiltfhire, but in what

aged y Years, Place or Parijh he had a Settlement he never informed her, nor dots fie know ;

was removed l u t that he is run away and ft ill living for what Jhc knows. The Order of

t(? m St ' . 2 Juitices was to remove this E. P. and her Child aged 9 Years, to the

to sFgIIcs's Pl^e of the Mother's Settlement: The Order of Seflions quaihed that

as being the Order. Now this Court quaih'd the Order ol Sellions, and confirmed

Place of Sa- the Order of the 2 Juitices ; For that this E. P. and her Child ought to le

rah's laft fettled where E. P.'s Settlement was before Marriage. Foley's Poor Laws

E, before 2 5 2 -> 2 53- HiJ1 - I2 Geo - B - R > The Kin S v - the Parilh ot " Wellerham

her Mar- in Kent,
riage, foe

having married an IriJIiman, who had no Settlement ; and it was adjudged that Dorothy her Daughter
fhall be fettled with her Mother in the Parifh of St. Giles, where Sarah E her Mother's Settle-
ment was before her Marriage, her Husband having no Settlement, and the Order was confirmed
Foley's Poor Laws 251, 252. Mich. 5 Geo. 2. B. R. The Parifh of St. Giles v. the Parifh of St Mar-
garet's in Weltminfter. Poor's Settlements 74. pi. oS. S. C.



£ec CF) (K) By Payments.

Rating a j, T> Y 3 cj? 4 W. & M. cap. U.S. 6. If any Perfon who /ball come to in-

poorOccu- J^ habit in any Town or Parifh pall be charged with and pay his Share

Houffe for towards the publick 'faxes of the Town or Parifh he/hall be adjudged to have

his Landlord a legal Settlement in the fame.

to the King's

faxes, is a Rating him within the New Explanatoty Aft to make a Settlement. Ruled Cumb 2Sa.

Trin. 6 W. & M. B. R. Anon,. , Poor's Settlements 180. pi. 224. cites S. C. Shaw's Parifh

Law 228. cites S. C l

But Pafch.7 Ann it was held.That paying of faxes for the Landlord will not gain a Settlement for the
Tenant; Hemuft be charged to them as well as pay them upon this Statute. The Word (Charge) has a
proper Signification, and means fuch Taxes as are chargeable upon the Tenant. MS. Cafes. The Queen
the Inhabitants of Lancafter,

2. It



Settlement of the Poor.



385



2. It was held, That if a Man is taxed, and after Taxation, ft ays in Poor's See-
the Parifh 40 Days without giving Notice, it is no Settlement within the jfâ„¢","
Isew Statute, unlefshe pays the Tax; For it muft be taxing and Paying, d' te sS.C.—

and not Taxing only that makes a Settlement. 2 Salk. 523. Mich. 7 W. 2 Shaw's

% B. R. The Parilhof Talborn v. Bolton. p f ft J" 1 *-

jS.citesS. C.

Nelf Jufh 544. cites S. C. Juft. Cafe Law 52*. cites S.C.—Dalt. Juft. cap. -3. cites S.C.

Foley's Poor Lav si;-, citts S. C.

D.'an Inhabitant cf the Parifh of St. Helen's, where he had 4 Children, removed from thence into
the Parilhof St. Nicholas, where he lived fome Time, and was tax' d to the Poor, but was temoved back
to St. Helen's before he paid the 'tax, and there died; afterwards his Children were by Order of the
Tuftices removed into the Parifh of St. Nicholas, becaufe their Father had gained a Settlement there by
being taxed to thcPoor, and this by virtue of the Statute 3&4W. 3. But per Cur. there mutt be Pay -
inga* well a Taxing tomakea Settlement by that Statute. 3 Salk. 253. The King v. the Parifh of St.

Nicholasin Abingdon Poor's Settlements 1S5. pi. 229 citesS. C. Skin. 620 S C. by Name of

the Parifh of Sr. Nicholas in Abingdon's Cafe. And Per Holt Ch. J. the Words of the Statute are Tax
and Pay, ai d therefore Taxation without Payment is not fufficient. S. P. 2 Shaw 's Pra£fc. Juft. 54.

3. A Man went to M. and took a Houfe there of 1 1. per Annum, where- S -^,^ arth "
in he lived a Year and a hair, and paid the Rates and Taxes due for the g- ^ the
faid Houfe ; and the Juitices at the Sefhons held, That the Rate lor a p ar jih f sc
Houfe, without a Rate on his Perfon, was not fufficient to make a Settle- Peter's in
ment : but Lhe Court of B. R. qualh'd this Order tor this Caule, and Maiden and
held him iettled at M. 2 Salk. 47 8. The Parifh of St. Mary le More v. f£^ ln
Heavytree in Devon. S. P. Juft.

Cafe Law

240, So where G. being a poor Man lived at B in a Place called Rofcoe's Tenement, and paid

Faxes there by the Name of the Occupier of Rofioes, and for that Reafon he and his Wile and Children
were Pent thither ; which < 'rder was confirmed upon Appeal to the Seffions, and now it was moved to
quafh thefe Orders, becau'e this Man ought to be personally charged no Settlement by paying them as Occupant of a Tenement, tho' he was likewife charged as Farmer
thereof at that Time; For the Word Farmer doth not prove him to be Occupant, becau'e he may ler
the Tenement over to another. But on the other Side it was infilled that Paying Taxes by the Name
of Rofcoe's Terement, and naming him Farmer of the fame at that Time, is a fufficient Defoliation of
the Perfon to gain a Settlement there, and the Court being of that Opinion thefe Orders were confirm 'd.

S Mod. 3S Pafch. 7 Geo. B. R. The King v. Brickhill Inhabitants. S. P. aShaw's Pra&. Juft. 5S.

cites Pafch. 1 721. Facy's Ca'e, and feems to be S. C- Shaw's Parifh Law 234. cites S. C. Nelf.

Juft. 544. cites S. C- — S. P. Dalt. Juft. cap. -3.

But v. here A rented a tenement, with the Appurtenances in K. for 3 Tears and upwards, at the yearly
Rent of 4 /â–  !Oj. and paid all Parochial Taxes for the lame in his own Right, but was not rated in the Parish
Books; but the Name of Richard Cotes, the tenant that rented the fame Tenement before A. was kept in
the Levy-Books ; Qua: re if A. gained a Settlement in the Parifh of K. The whole Court was of Opi-
nion he did rot, becaufe he was not ajfefj'd as well as paid. Foley's Poor Laws 129, 130. Pafch. 4 Geo.
2. B. R. The Parifh ofKinfare v. the Parifh of Kingfwinford.

4. Paying to the County Bridge gains no Settlement; For there all tlie p^ w T ' s ff
County is liable, and he pays as one of the County, and not as an Inha- r *iJ"
bitant oftheParilh or Town where helives. Poor's Settlements 1. pi. 1. Tr i n ,- Ia
Trin. 1710. B. R. Anon. — Shaw's

Parifh Law

231. cites S C. S P. MS. Cafes. Trin. 9 Ann. B. R. in the Cafe of the Queen v. St. Michael's

Cornhill.

5. If a Man be afefs'd to the PuMick faxes he is not to be accounted
aPeifon likely to become chargeable. MS. Cafes. Trin. 9 Ann. Pa-
rifh in Derby. .

6 Paying the Land-fax is no Settlement, for that is a County Tax. But Poor's
So of a Hundred or any other County-Tax. MS. Cafes. Trin. 9 Ann. B. Settlements
R. The Queen v. St. Michael's Cornhill. HiuV^io.

in the Cafe of the Parifh of St. Lawrence v. St. Mary's in Reading there is a Note that Paying the
Land-Tax does gain a Settlement in London.

7. Eyre faid, It has been held by a very learned Judge upon a Refer-
ence at the Affiles, That doing Work in repairing the Highways was a good
Settlement; For this is a Charging him with the public k Levies of the
Town or Parifh. AS. Cafes. 1 rin. 9 Ann. B. R. in the Cafe of the Queen

v. Michael's Cornhill.

5 F Adjudg'd



386



Settlement of the Poor.



.MS. Cafes. 8. Adjudged, That Paying to a Scavenger's Rate does not gain a Set-
B lT SC tlenient 5 u bai '& a Ward, and not a Parochial-?** ; and one U ard m Lot
bv Name of docs cl) »ti'-'» 6 or 7 Parties, 2 Black. 293. Mich. 9 Ann. The Pariih of
the Queen. Cripplegate v. St. Michael's Cornhill.
v. St Mi-
chael's Cornhill. — S P. Dalr. Juft. cap. 72. S. P. cited by Parker Ch. J. 10 Mod. 14

Mich. 9 Ann. B. R. in the Cafe of St. Mary in Reading v. St Lawrence in Reading. S P

Poor's Settlements 4 pi. 4. Hill. 1 - 10. B. R. The Parifh of St. Lawrence v. St. Mary's in Reading —

Shaw's Parifh. Law 236, 2;-. circs S. C. S. P. Juft. Cafe Law 240. But Poor's Settlements 4.

pi. 4. fays, Note, That it does in London.

Where the Queftion was, W hether Paving to a Scavenger's Rate was fufficient to gain a Settlement
without Nonce ; and upon reading the Statute of 2 VV. & M. cap. S. S. ic. which makes thefe Scaven-
ger's Rates either Parifh Rates, Ward Rates, or Divifion Rates: The Court was of Opinion, That if
the Rate was confined to a Parifh, the Faying of that Rate would be fufficient to gain a Settlement. Fo-
ley's Poor Laws 126, 127. Pafch. 10 Ann. in B. R. Parifh of St. Giles v. the Parifh of St. Mary
Newington in Surry.

Foley's Poor •£. The Parifh of St. Giles Cripplegate is by Confent of the Inhabitants
C -Mich droided l!!t0 4 Liberties. Each or the Liberties makes a Rate for theSca-
11 Ann. ' vMS^s according to the 3d and 4th of W. & M. upon the Inhabitants
this was held or that Liberty. Thefe Rates are confirmed by 2 Juitices ; A Man that
robeaContri- is rated tinder one of thefe Rates, is adjudged at Hicks's-Hall to gain a
t^wptothe Legal Settlement > But it was obje&ed, That this Way of Rating was
vZ%U void ; For the A£t direas that thefe R ^es ™all be made by the Church-
Parijb, it wardens, Ovcrfeers of the Poor, and the Surveyor of the Highways j
being a Pa- but this Rate here is made only by the Conjlable and Inhabitants. But Per
^Charge, Parker Ch. L Powel, and Powis, this being a Manner of Rating by
rSh have^ ^ on ^ ent ot the whole Pariih, and being only divided among themielves
had as much lor the Eafe of Collecting, it is hard that any of thc fame Pariih mould
Benefit of come and fay this is a Void Rate, when it is acquiefced under, and the
the Contri- Money rated is paid ; And Parker Ch. J. faid they could not have the
hbSbeea Mone . v back again i but Eyre doubted, becaufe it was a Void Rate,
a good Rate. And adjudged Per Cur. a good Settlement. MS. Cafes. Pafch. 10 Ann.
MS. Cafes B. R. The Queen v. St. Giles's Cripplegate and St. Mary Newington.

s. c.

8. 9 Geo. 1. cap. 7. S. 6. Enacls, That no Pcrfon pall be deemed to have
a Settlement in any City, Parifh &c. by Reafon of his Paying te the Scaven-
ger's Rate, or Repairs of the Highway.

5. It was mov'd to quafh an Order that was fpecially Hated thus :
Thomas King had a Meffuage and Lands in the Pariih of S. for which he
was rated to the Poor's Rate 3 s. a Levy, and lets Part of this to one Ri-
chard Stover, at 40 s. a fear ; the Overfeer of the Poor, at one Time,
t hers id. at another 'Time 6 d. of this Richard Stover, as his proportion.
Part of% s. and whether by this Richard Stover gained a Settlement?
Et Curia feemed to think he did not, becaufe he never was taxed ; but
there was a Rule to fhew Caufe why the Order fiiould not be qualh'd.
Afterwards the Rule was made abfolute, Richard Stover not being-
taxed. Foley's Poor Laws 128. Mich. 13 Geo. B. R. Parifhes of Seal
and Tongham v. Worpleldon in Surry.



(L)By



Settlement of the Poor.



3 8'



(L) By Renting. see(A) P i.

I 2 -(C)

i. f\ N E Wine and his Wife lived in the Pariih of Layfters ; fhe had a S. C. cited

\Jj Hoitfe and Land given her there, by her Brother 'for Life ; alter 4 ^ oley , s ^ oor
or 5 ^ears her Brother put than out, and they went and rented a Houfe in z $„
the Pariih of Kimbolton for a 7 ear. Two Juftices ordered the Perfon who '"
Jet them the Houfe to difcharge them ot it alter the End of the Year,
which he did ; Winde and his Wile apply to the Sdiions, who make an
Order upon the 'Overfeers to provide him a Houfe, paying a yearly
Rent ; and in Deiault thereof, that they do provide lor him. This was
referr'd to Whitlock Judge or Affile, who held this Order to be illegal,
and that the Alan might go to Layfters when he would, where he had Means
in the Right of his Wife, z Built. 347. 348. at Salop Affiles, 19 March,
7 Car. The V ill of Kimbolton v. the Viil of Layfters, Com. Hereford.

2. If one does but Hire a Houfe, the Law does not unlettle fuch Perfon. s.P. Shaw's
2 Shaw's Pract. Juit. 52. cites Dak. 98. Pariih Laws

2iS. cites
S.C.

3. Renting a Farm is not a Settlement, if he leaves it within 40 Days- s p MS
Per Holt Chrj. 12 Mod. 20. Pafch. 4 \Y . & M. B. R. The King v Cafes, 10

Ann. Anon.

4. The Acl fays, a Perfon to gain a Settlement mull rent a Tenement S P. cited
of to 1. per Annum; he rented two Tenements of 5 /. per Annum each ; by Su- Peter
AndperPowel, The Word (Tenement) is Nomen Colle£tivum. Per ^ s ' z
Lord Parker, The Delign of that Claufe was, if a Perfon was of Ability Mich. 9
and Competency to ltock Land of 10 1. per Annum, altho' they were 10 Ann B. R.
tenements before, yet as to this Pitrpofe they are .&ita/i one Tenement ; and " Ca f c ,^
fo adjudg'd per Povvel, in another Cafe that came before him at L;iun- r^^h/
eclton Affiles. Poor's Settlements 3. pi. 3. Mich. 1710. B. R. The Pa- _s"p. cited
rilh of Farnham's Cafe. MS. Cafes,

pi. 40. Mich.

9 Ann. B. R. in Cafe of 2T(je Sl'.ifcn b r r!jc Jnfcbtfanrs of ©unsforD ano KuOgttt'iCk, as held

by Powel ard Gould J. at Lanceiton Affiles, which was agreed now per Cur. For Tenemcmum is No-
men Collectivum ; and in Allile of a Tenement the Plaint may be ot ieveral Tenements, and it is no
Matter who was the Tenant's Landlord ; for if he were of Ability to rent fuch filiate, he is to be
look'd upon as a Perfon not likely to bring Charge to the Parifh, whether he rents 10I. by Parts, or in

one intire Tenement. S. P. Shaw's Parifh. Law 251 S. P. 2 Shaw's Pract fuft. 55.-

But renting federal dtfiinS 'fenrnienti in feveral Purifies, and both, or all of them, amount to 10 1.
a Year, this will not make a Settlement ; Per Cur. 10 Mod. 390. South-Sidenham v. Lamerton,
Parifhes.

5. If a Man rents a Houfe of 10 /. a Tear, and the Houfe lies in two Shaw's Pa-
Parijhes, he is Parilhioner where his Bed is, and where he lodges : But " fil ^ aw
where a Man has a * Shop in one Pari/b, and lodges in another, he is a Pa- £' c tl. r | S p
rilhioner where he drives his Trade. Poor's Settlements 1. pi. 1. Trin. 2 Shaw's
17 10. B. R. Anon. Pratt Juft.

55. cites

Tr i n . T . I0 . *S. P. Mi. Cafes, Trin. 9 Ann. B. P.. in Cafe of The Queen v. St. Michael's,

Cornhill.

6. If a Man rents a Piece of Land of 10 l.per Annum, but no Houfe is be- Shaw's Pa-
longing to it, it gains no Settlement : The Statute fays, Coming with a nii ] L /!! 1 '"

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