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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 63 of 96)

Delign to fettle, which cannot be here ; for how can he be faid to inha- \l' lo g £
bit upon Land? Poor's Settlements 5. pi. 8. PalLh. 1711. B. R. The— IfaMan
Pariih of Sedgemore v. Dulleton. rents 10 l.per

Annum, it
will be no Settlement, if he docs not lodge upon it. MS. Cafes S6. Trin. 3 Geo. B. R. Anon.

7. An Order was drawn up fpecially to have the Opinion of the Court, 2 s ' 1 , aw ' s ( ,
whether renting ot a Water-mill ot' 10 1. per Annum, would make a *' 3 C ;J S U '
Settlement ? Et per totam Curiam clearly, A Mill is a Tenement, and s q.

the



388



Settlement of the Poor.



Ibid. 5S. the Renting; mult s;ain a Settlement within the Statute. 2 Salk 536
c c f ^~ pi. 26. Hill." 10 Ann. B. R. Evelin Parilh v. Rentcombe Parilh.

e>na\\ s 1 .1- r

rifh Law 22S cite S. C. Juft. Cafe Law 241 . cites S C If a Man rents a Mill of 30 1. per

Ann. /;// has no Stock, this is a good Settlement MS. Cafes, Hill. 10 Ann. B. R. Anon. Fol

Poor Law 7S. fee ms to be S. C. fays it was an Order drawn up fpecially to have the Opinion cl the
Court ; and the Qu*rc was, Whether a Miller renting a Windmill of 13 1. a Year, and living and
conlbntly lying in it, was fuch a Tenement of 10 1. a 1'ear as would gain a Settlement? Jit per tot.
Cur. It h as.

So where a Perfon rented a Mill of 10 /. per Annum, who ajpgn'd the Leaje over to the Perfon who was
now removed during his U ill, asiu - ' as he paid Urn his Kent. He continued two Yearsj andpuneJual/y paid
the Rent ; and the whoic Court were of Opinion that it was a Settlement ; c;uod nota. Poor's Settle-
ments 10 r-v pi. 155. Hill. 1-21. B. R. Sr. Mary's in Guildford v. Cranley in Surry. S. P. z Shaw's

Pratt [aft. 57. Shaw's ParilhLaw 2;;. cites S. C.

A finale Man, tho' not his Family, gains a Settlement by renting a Winamillof 10 /. per Annum; for
a firglc Perfon mav inhabit and dwell there, which a Man and his Family cannot. Poor's Settle-
ments 4. pi. 5. Hill. i;ie. B. R. The Parilh of Ncwelm in Gloucefterihire v. Rancom in Oxford-
fhire.

Foley's Poor 8. G. D. rented an Alchoufe of 5 /. per Annum at Ladyday Iaft for a
Laws - 9. Year, and in May following he rented a Piece ot Land of ' 6 /. per Annum, from
B R S C Lady-day l&ScpaJf, but did not occupy it, or come into ic till May following,
bv Name of n being heined up ever fi 'nee Lady-day ; he held it J or two Months, and then
North- Knib- ran away. And it was held hrlt, That it is not necelfary that the Mef-
leyv. Woot- fuage or Tenement mould be rented of one Perfon; but be it raited of
ton Under- j- everc7 /^ y et j n fr lm j c j s Dut one ^ an( j tne Statute is fatisfied, he being oi
* Renting a Ability to be trufted with a Tenement of 1 o 1. per Annum. zdly, The
Tenement Running away does not alter the Cafe, he being It ill liable to pay the
of 10/. per Rent, the Contract ftill continues; and living there but *4o Days^ the
Annum, and Contract being for a Year, it is good. The Statute fays, Renting a Te-
Reiidence, nement of iol. per Annum, but does not fay for what Time ; as to that it
gam a Set- is lilent. Poor's Settlements 64. pi. 86. Northdipley v. Wootten-
tlement; Underhedge.

ouod non

fuitnegatum Per Cur. Shaw's Parifli Law 237.

Poor's Set- 9- Renting one intire Tenement of 1$ I. 10 s. per Annum lying in two
dements ;S. Parijhes, viz. The Houfe and Land of 9 1. 10 s. per Annum, lying in
P 1 - - l gl- _ _ A. and 4 1. Land per Annum, lying in B. This is a Settlement in A.
E R s'c' where the Houfe is. The Statute 13 cj? 14 Car. 2. fays, A Tenement of
—MS. Cafes, the Value of iol. a Tear ; lb that the Rent is not at all material, nor
Trin. 3 Geo. does it fay, that All the Tenement mull: be in the Parilh where he lives.

B. R S. C io Mod. 389. Trin. 3 Geo. B. R. South-Sidenham and Lamerton

For the plain p h]

Realbn or

the Law is, That it is not probable that a Perfon mould become chargeable who has fo much Credit as

to be intruded with the Management of a Farm of the Value of iol. per Annum.

S P. 2 Shaw's io. Renting a Tenement of 10 /. per Annum for a Month is a fraud u-
Pract Juft. lent Renting ; but if a Perfon rents a Tenement of iol. per Annum,
Shaw's" Pa- and continues 40 Days, he gains a Settlement within the Meaning of 13
rifh Law & 14 Car. 2. This was delivered by Parker Ch. J. lor Law, quod non
23-.— S P. iuic negatum ; and fays it was the Cafe of CflttlbCttUCiL Poor's Settle-
Per Parker; ments IOO pJ I35 j^jj _ B R i n Cafe of St. Mary's in Guild-

101 sitno fie i- 1 /•■> 1 ■ o

pay a Rent lord v - Cranley in Surry.

proportion-
able to the Year, yet he is not thought of Ability, or fufficient to he traded with it for a whole Year
Poor's Settlements 64. pi. So". Northdipfley v. Wooten- Underhedge.

2 Shaw's 1 1. A Certificate Perfon rented 14 /. a Tear, but it lay /';/ two Parifbes.

Prad. Juft. p er £ ur j c gains a Settlement in the Parilh where he relides. Poor's
S q Settlements 110. pi. 148 Mich. 1722. B. R. Parilh of St. John in Hart-
Shaw's Pa- lord v. Ampwell.
rifh Law

233. cites S. C The Court held, That the fame Reafon holds as in the Cafe of j&OUtfjs^Lamer*

ton, Trin. 3 Geo. where a Perfon rented a Tenement of 10 1. per Ann. in two different Parifhes, a-.d

that



Settlement of the Poor.



389



that the Law never defi^n'd to put a Certificate Perfon in a worfe Condition than another. Poor's Set-
tlements 106. pi. 143. Trin. 1722. B R. S.C.

12. Renting iol. per Annum, being but a Lodger, is a Settlement.
MS. Cafes. The Queen v. the Inhabitants of Dumbleton.

13. 9 Geo. 1. cap. 28. No Shekerer in the Mint, or their Families, pall
le adjudged to have gain' 'd any legal Settlement in the Parijh of St. George, by
having rented any Hottfes or Lands of 10 I. per Annum; or upzvards, unlcfs
fuch Shelterer hath been rated and paid to the Relief of the Poor of the
faid Parijh, or hathferved Parochial Offices there.

14. It a Man, having a Wife and Children, takes a Honfe in the Pa- S. P. Juft.

rifh of B. for a Tear, and in that Tear is wrongfully turnd out of Polfelfion ; Ca( " e Law

whereupon he takes a Houfe in another Parijh, and is there timid out, and r7 S I ' _ ~ T S ',i P-

then gets into a Barn in another Parijh, and there his Wife is delivered of ca p '., '

another Child, in this Cafe they are all to be fent to the Parilh of B. out — S.'p.

of which they were firft illegally fore'd. £ Shaw's Pratt. Jult. 54. Shaw's Pa-

rish. Law



250.



(M) By Service or Hiring.

t. A N Inhabitant of B. hired a Maid Servant for a Year, and cove-
Jl\ nanted to gi\e her 40 s. for her Wages, and entertain'd her in
his Service; the Maid fell fick, and her Majler tum'd her out of Doors
Without giving her any Thing, and ihe in travelling from B. to H. where
her Friends lived, and where /he was born, was forced to beg for Relief t
whereupon Ihe was fent as a Vagrant to H. where lhe was born. H. fenr.
her back to B. where lhe was entertain'd as a Covenant-Servant; where-
upon they of B. procured an Order of Selfions to fettle her at H. which
was removed by Certiorari into B. R. And the Quellion there was,
Whether this was a good Order or not for fettling her at H. according
to the Statute > Or whether ihe ought to be iettled at B. where lhe was
entertain'd as a Covenant-Servant, and tum'd out ol Service, and fore'd
to beg by that Means. Roll. Ch. J. faid, Here feems to be a Fraudu-
lency in the Mailer to make the Servant a Vagrant, that fo he may be
rid of her; but if one beg Meat and Drink for Neceffity in patting be-
tween one Town and another, this is not begging to make one a Beggar
within the Statute. And therelore the Court ordered that the Party
ihould be fettled at B. where ihe was entertain'd as a Covenant-Servant,
and not at H. where ihe was born, if Cauie were not ihewn to the con-
trary. Sty. 168. Mich. 1649. B. R. The Parilh of Hardingham v. the
Panlh of Brifley.

2. li one be retained in Service only, the Law does not unfettle fuch Shaw'4 Pa-
Perfon. 2 Shaw's Pract Jull. 52. cites Dalt. 98. rifh Law

3. 3 & 4 W. ci M. cap. 1 1. S. 7. Enacts, That if any unmarried Per- "8xitpS.C.
fon not having Child or Children pall be lawfully hired into any Parijh or

'Town, for one Tear, fuch Service Jhall be adjudged and deemed a good Settle-
ment, tho' no fuch Notice in Writing be delivered and publifked as therein le-
fore required.

4. One being placed with a Barber, to be inftrucled to ihave and make

a Bob-Wig, ior a Twelvemonth, and to be found in Cloaths by the Bar- \ }$â– %&*
ber, and the Barber to have what he earned ; if this would gain him a Set- Cafe of
dement within the Statute of W. cv M. was the Quell ion. Per Cur. Cheftcrfield
without any Difficulty it will gain him a Settlement. It was objected, s , c Th That he is net an Apprentice by indenture, as he ought by the kit Statute ;^°^ b n e a ™ een
and he is not a Sen ant, but rather his Mailer is a Servant to him, for the Mailer

S G he



390 Settlement of the Poor.

cfthe P.-u- he gave hitti 67. fcr lis Infinitum i Ncn Allocatur. Eut ruled that hg
Bar™? *' had § ained a Settlement. Skin. 671. Mich. 8 W. 3. B. R. The King vi
which the tne ^ own °* Chclterfield.
Pauper was

no Party. And adjudged, that this did not make a Settlement at Chefterfield; becaufe it was no Service;
and that the Pauper was thereby no n l re than a Boarder there for his Education, winch is no Service

to make a Settlement. Trin 9 W 3. B. K. Comb. 445. Trin. 9 W. 3 Jerrifon's Cafe S C. And

per Cur it makes no Settlement ; For he was there only for his Education, ar.d was not under a:w Ob-
ligation to fervethe Barber. 3 Mod 528 Hill S W. 3. The Jfcing b. UjcCtT&dD Scc.'S. C.

fiys, That in Eafter Terrrl following, theCourt held it no good Settlement there 12 Mod 132.

The King and Jerrifon arid Chefterhcld Sec 6. C accordingly. Carth. 400. (J[I)eJfcr&iiD t). glial*

foil iT^linllt S C accordingly. For here was no Reciprocal Contract between the boy and the Barber,
and he was not oblig'd to Kay in the Barber's Service, and was in Nature of a Scholar, and not of" a Ser-
vant- Dait. Juft. cap. 73. cites S. C Shaw's Pariih Law 234. cites S. C- Keif Jult. 545.

cites S. C.

A Queftion j. S c? 9 JK 3. cap. 30. S. 4 Recites, 'That whereas fvnte Doubts lave
^"nthhJB ar tf en touching the Settlement of unwarned Perfotts, not having Child or
Whether it' Children, lawfully hired in any Parijh or fawn for one Year. Be it there-
xtended on- fore Eft a tied, and Declard, 'float no fuch Perfon fo hired as afore faid, fhall
Jy to Cafes l c adjadg'd or deei/i'd to have a gcod Settlement in any fuch Parijh or c lown-
i'a" "n af fi*P* ttn ^ e f s f" c ^ P^rfon pall continue and abide in the fame Service during the
the Ad, or Space of one whole Tear.
to fuch alfo

as had happened ? And per Cur to fuch only as may happen after the Aft. It can haze no RetrcfteR, but
declares a Law for the future, notwithstanding the Words Declared and Enacted : Adjudged on a Spe-
cial Order. 2 Salk. 525. Trin. 11 W. 3. B. K. Parifh of Beckenbam v. CamberwelLr 12 Mod.

234. Mich. 16 VV. 3. B R. S. C. by Name of the King v. Camberwell. Poor's Settlements 1S0.

pi. 225 cites S.C. Nelf Juft. 545. cites S. C.

The Court was moved to quafh an Order of Quarter SefTions, wherein the Cafe was Specially dated,
and was only this, (viz.) After the 3& 4 W. & M. cap. 1 1. and before the t> & 9 W. 3 cap. 30. A Man
was hind far it fear, and fervid only H«tf a Tear, which the Juftices had adjudged a good Settlement,
ard the Court was of the fame Opinion without Argument ; For thev held, that the Words Enacted,-
and fhall continue &c. in the S & 9 W. 3. cap. 30 fhew that that Claufe is not be extended to prece-
dent Hirings. And Eyre mentioned a Cafe between the Inhabitans of 2>fcEuiam 811D eOTTlbtrUu'll.
Trin. 1 1 W. 3. wherein it had been lb adjudged. And Pratt Ch. J. faid, That to make the faid Ciaufe
to have Retrofpect would introduce great Inconveniencie*. MS. Cafes Mich. 5 Geo. B. R. The Inha-



e



bitantsof Bartnvood v. the Inhabitants of Bodington.



6. Jerrifon lived with Sir Paul Jenkinfon as his Footboyfor three Tears y
without any certain Retainer cr Wages; Per Holt Ch. J. The Service to
Sir Paul fcnkinlon for one Year, as his Footboy, feems to be a gcod Settle-
ment, tho' he had no Wages; and tho' not hired lor any certain Time,
but at Will and Pleafure. Comb. 445. Trin. 9 W. 3. in ft. R. Jerri-
fon's Cafe.
3 Salk. 25^. 7. Bridget Baily, before the 25th. of March 1695. was a fettled In-
S. C accord - habitant in the Parifh of Overton in Hamplhire ; and then about the
Poor's Set- 2 5 cn - of March, ihe contracted with John Orpwood of Steventon ior 20s.
tlemems2 5 5. to ferve him from the faid 25th. of March to Michaelmas following,
pl. 295. cites which fhe accordingly did; and then ihe made a new Contract with
~9;~T~J ul1 him, to ierve him for a longer Time, by Virtue of which Ihe ferv'd him
242! cites * or a hinge r Time, from Michaelmas till April lollowing; and it was
Black 242. held, that tho' there was not an entire Contra tf for a Twelvemonth, yet
S. C. by there being a Service for a 'Twelvemonth, it gain 'd her a Settlement, accord-
Name of Ste- to tIlc 5tn w C;)p 30> I2 jv,.j oc j > 22 . Mjck 1o \\ r . 3. Bridget Bai-
venfon v. O- , , „ V r

verton 1>' S Caie.

Dalt. Juft

cap. 7 J, cites S. C S C cited MS. Cafes as adjudged Hill, to W. 3. by Name of the

King v. the Parifh of Overton and Staverton. And Eyre J. as to this Cafe faid, That it was upon the
Point of Service for a Year. And a Queltion upon a Fact before the S Sf= 9 //^ 3. And a S.-rvicc before
this Act for 40 Days wasfufficient ; For per Cur this Ait was made to ouft the Service for 40 Days only,
and does not alter any 7tint> as to tie Hiring. — S. C. cited 10 Mod. 392. Trtn. 3 Geo. 1. B. R in Cafe ot
the Parifh of tfortOIl Vj. . . . . . as the' Cafe of ©bnton i). £>(TfV>UrOtl. And fays, That tho' it

wasrefolved, That this was a Settlement, notwithltanding the Service was not fubfequent to the Hiring;
Yet ftill it was held neceiTary, That there fhouid be a Service for a Year, and a Hiring for a Year.
S. C. cited by Parker Ch. J. 10 Mod. 287. Hill. I Geo. B. R in Cafe of the Parifh of Bright-
well



- â–  â–  â– -.-â– -â–  â– - . .,, . BOB *â–  M â– " â–  â–  . r ; __

Settlement of the Poor. 391

veil v. the Parifh of Henley. S C cited and allowed MS. Cafes Hill. 4 Geo. B. R. in Cafe of the

Inhabitant* of Ivinghoe v. the Inhabitants of Soalbury.

So where a Woman was a Covenant-Servant frft jor Half a Year, which 'time fie ferved, and then for a-
riother fwr, and Juried Halt 0} that. TheQueltion was, Whether this was a Service for a Year within
the New Statute ? And Rokeby, Turton and Gould J. (ablentc Holt Ch J.) held that it was; Becaufc
the Statute defigii'd only that the Party fhould ferve a Year. Ld. Raym. Rep. 426. Hill. 10 W. 3.

Inhabitants of South Moulton in Sutfolk. S. P. For here is a Hiring for a Year, and Service for

a Year, tho' not under that Hiring. And a Perfon of that Strength, as to be hired for a Year, is not
efteem'd by the Acta Perfon lik_-ly to become chargeable, but able to maintain himfelf by his bodily
Labour. 10 Mod. 393. Trin. 3 Geo. B. R. in Cale of South-Sidenham v. Lamerton.

But where One was hired as a Servant to live at Ridgwick Jor Half a Tear, and after that was hired a-
gain to live there another Half Tear with the fame Perfon, and thereupon ferved a Year in one continued
entire Service, but by feveral Hiring*, per Curiam, it ought to be one entire Contrail, and one entire Ser-
vice ; the one is required by the Statute as well as the other ; For if a Service under feveral Contracts
fhall gain a Settlement, then one who fcrves by the Month, by the Week, or by the Day, may if
he continues a Year gain a Settlement. 2 Salk. 535. Mich 9 Ann. H. R. The Parifh of Dunsfold v.

Ridgcwick. There mull be one intre Contract, and the Service mult be for an entire Year with

the* fame Perfon as the Contract was trade with. MS. Cafes Mich 9 Ann B. R. S. C. by Name of

The Queen v. the Inhabitants of Dunsford and Rudgwick. Nelf Juft. 545. cite. S. C.

— Jult. Cafi Law 241. cites S. C. Shaw's Parifh Law 231. cites S. C Black 296";

S. C. S. P. Poor's Settlements 2. pi. 2 Mich. 1610 B. R. The Parifh of Rudwick v. Cheding-

ford, Where Ld. Parker and Curia held, That the Original Contrail: mult be for a Year 2

Shaw's PracL Jult. 55. cites S. C S. P. Dak. Juft. cap. 73.

* hut fee Infra pi. 20 & Ji.

So where ]. S. the 19//.'. of February 17 10. came from Shipley to Eafthead in Horfham, and bargain d
with him to ferve him till May-tide Jor I s. per If eek, and at May-tide he bargain d to ferve him /;// Lady-
Day next Jor 26 s. If ages, and at Lady-Day agreed to ferve him till May-tide next at 3 s. per Week, and at
May-tide he agreed to ferve him till Lady-Day next for 26 s. and then till May-tide next at 3 s. and then
lie itaid a Fortnight at 1 s a Week ; And the Quell ion was, Whether this J. S. gain'd a Settlement by
his Hiring and Service ! The Court of Sellions held he did, but the Court of B. R. were of Opinion
that he did not ; For they (aid, The Hiring and Service muit be for a Year ; and the Order of Seffions
wasquafhed. Foley '5 Poor Laws 134, 135. Mich. 12 Ann. B. R. Horfham Inhabitants v. Shipley
Inhabitants.

So if a Servant is hired from If'eek to If 'eek thro' the whole Year, and then is hired for a Tear, but ferves
only a If eek ; This is no Settlement, for luant of Continuance 40 Days in the Service after the fecond Hirin".
10 Mod. Hill. 1 Geo. B. K. in Cai'c of Srightwell and Henley Panfhcs.

But where a Servant three Weeks after Michaelmas was hired till Michaelmas following, and at Michael-
tnas he was hired Jor a Year, until nett Michaelmas, hut did not ferve out the Tear ; but his Service in bothi
Years was above a Year. The Queftion was, whether this was a Settlement; For tho' here was a
Hiring for a Year, yet it was not a Year's Service fubfequentto that Hiring. Per Parker Ch. J. the reft
concurring, it is a Settlement ; For here is a Hiring for a Tear, and a Service for a Tear, tho' not under
that Hiring, which was refolv'd riot to be neceitary in the Cafe of .©bcrtOH 1). ^DtVcplffolU 10

Mod. 2$;. Hill. 1 Geo. B. R. The Parifh of Brightwell v. the Parifh of Henley. -Foley's Poor

Laws 14;. S C. by Name of Britewell Parifh v. the Parifh of Welt Hally.

So where T. about 14 Years fince was hired for a Year to W. at Aynhoe, and ferved him the fame
Year, and received his Year's Wages, and afterwards, at Mich. 1725. went to P. at Biffiter in the County
of Oxon to be hired, who teld him he could not hire him then, becaufe he expected a Alan in three IVeeks, but if the
faid '/. wot Idfupply the Place 0} fitch Man till he came, then the faid P. would pay him Jor his Time, whereupon
the laid T. entered into the Service of the faid P. and lived there tillChriflmas following, and 1 1 en was hired to him,
andjervedhim at Bifiiter till Mil haelmas then following, and then at Michaelmas 1 7 26. he was hired at Biffiter
aforeliid, to his faid Majter P. for a I ear, and Jl aid in Inch Service /;// Midfummer following, and no lon-
ger. Ic was argued that the (aid T. was fettled at Bifiiter, because, tho' the Statute requires a Hiring
for a Year, and a Service tor a Year, it does not require that the Hiring and Service fhould be under
one and the fame Contract, and the Cafe of 15rigi)ttuell flllD SJltgilalMinvJ was cited, and relied upon
as the very Cafe in Point, where it was relblv'd and fettled Hill. 1 Geo. r. B. R. when the Earl of
Macclesfield was Ch. J. And the Court upon the Authority of that Cafe held, that thefe Hirings and
Service did make a Settlement ; For he was hired for a Year, and ferved a Year. And thereupon an
Order of Julfiees, and another of the Quarter-Scflions was qualhed Ld. Raym. Rep. 1512. Mich. 1
Geo 2. B. R. The Kmg v. the Inhabitants of Aynhoe. Foley's Poor Laws 144. S. C. according-
ly. But Raymond Ch J. and Page J. declared, They thought that the Parliament meant that the Hir-
ing fhould be for a Year, and the Service for the fame Year; and had it been a Cafe Prima: Im-
preflionis, they fhould have adjudg'd it lb.

8. A fmgk Man is hired for a Tear, and about a Month before his Tear In fuch a
is up, he marries , and ferves up his Tear, and the Queftion was, whether Care ' H °' c
this Hiring and Service fhall acquire a Settlement within the late AcVj^y That
of Parliament ? [but no Refblution J Freem. Rep. 518. pi. 693. Mich, the Word
1702. Anon. (unmarried)

went only to
the Hirirg ; Put Powel contra, that it went to the whole Service by Reafon of the Word (fuch'!. 2

Salk. 529. Pafch. 2 Ann. B. R. The Parifh of Farrindon v Walcot Nell". Juft. 54s. cites S. C.

2 Shaw's Pract. Jult. 53. cites S. C. 2 Salk. 52-. Pafch. 1 Ann. B R. S. C. by Name of the

Parifh.



O



302



Settlement of the Poor.



Parifh of ^farnnjDCll i). 2Uifti>, Where Powcl j. inclined that the Words (fucb Service) goes to all,
not only to the (by, bur to the State of the Party. But Holt J. contra, that (filch) is only (fuch Ser-
vice) and the Marriage does not hinder the Service, the Contract: continues; and fuppofe the Woman

he marries be of the fame Parifh, fhall not that gain a Settlement ? Juft. Cafe Law 242. cites S. C

Dalt. Juft. cap. -;. cites S. C. Shaw's Parifh Law 219. cites S. C. Poor's Settlements 181. &c.pl.

226, 22-. cites S C

In fuch a Cafe Powis held, That the Words (fuch Perfon) in the Acr. intends only an unmarried
Pcrfon, at the Time of the Hiring. And per Powcl, a Servant is not reftrain'd from marrying. And
per Cur. it gains a Settlement. Poor's Settlements 45 pi. 69. Pafch. 17 12. H. R. The Parifh of Orden-

ham v. Henden in Middlefev. 2 Shaw's Pract. Jult. 56. cites S. C. Shaw's Parifh Law 252. cites

S Q S. P For the Stature does not lay he fnall continue ib all the Year; but lays, Unmarried

at the Time of the Hiring. Poor's Settlements 54 pi. 77. St. Saviour's v. St. Lionell Backchurch.

2 Shaw's Pract. juft. 56. cites S. C. Foley's Poor Laws 147, 148. Mich. I Geo B. R. S. C. by

Name of g>f. g>JUUOUr'0 VJ. £S>f. ©IO!l!S 13acfecl)lirch. And fays, That Co it was rcfolvcd Hill. 1 1

Ann. between Hendon in Middlelex, and Aldenham in Hertfordfhire.' S. P. And the Court held,

That the Hirinc; for a Year, and Service for that whole Year, tho' the Servant married before his
Year was out gain'd him and his Wife a Settlement in the Parifh where he ferved. Foley's Poor Laws
148 149 between The Parifh of Clent in Com'. Stafford, and the Parifh of Elmley Lovet in Com*.
\\ igorn.

9. Another Queftion was, Whether a Curate, that is hired fcr a Tear^
fhall thereby acquire a Settlement as a hired Servant ? The Jufticcs ot
Buckinghamshire differing in their Opinions, it was referred to the
Ch. J. for his Opinion in his Chamber. Freem. Rep. 518. pi. 693.
Anon.
2 Shaw's 10. If a Man hires a Servant, and bargains with him that he pall come

Praft. juft. w itbin a Day of Michaelmas, and then lays, he agreed not lor a Year,
**' C1 MS ' >' et tn ' s Contract lhall be taken lor a Year ; For it is an apparent Fraud
Cafes Mich, to evade the Statute. Poor's Settlements 2. pi. 2. Mich. nio. B. R.
9 Ann. B. R. Per Ld. Parker in the Cafe of the Pariih of Rudwick v. Chedingford.
S C. by

Name of the Queen v. the Inhabitants of Dunsford and Rudgwick. Shaw's Pariih Law 291. cites S. C.

It was adjudged that a Hiring 10 Days after Michaelmas as from chat Michaelmas till the fol-
lowing is no good Settlement ; For the Hiring mult be for a Year, and the Service for a Year Dalt.

juft. cap. 7; S. P cited by Eyre J MS. Cafes pi. 41. Mich. 9 Ann. B. R. in Cafe of the Queen

v. the Inhabitants of Dunstord and Rudgewick.

So where a poor Man was hire A on a Saturday., Michaelmas being the Thurfday before, to ferve him from
the [aid tfhurfday held, it did not ; For how can one be faid to ferve a Man frrm a Day that is pair ? there muff be a Hir-
ing firlt, and a Service purfuing that Hiring ; and Powisand Fortefcue J. accordant. And afterwards,
in the fame Term, the Order was quafhed, and that it gain'd no Settlement. Poor's Settlements 88. pi.

120. Hill 1718. Anon S. P Shaw';, Parifh Law 257.

So where A. was hired the 3d. ofOciober to ferve till Michaelmas following, and at Michaelmas, the Ma(!er
fays, Jiay a Day or two and I will fay you. The Juft ices at Sefhons adjudged him fettled according to
the Hiring The Order being recited Specially, and brought up to the King's Bench, it was moved to
quafh it; For that the Juftices have erred in Point of Judgment, they having adjudged that a Man may

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