gain a Settlement, altho' he does not ferve a Year. The Statute fays exprefsly, There mail be a Hir-
ing and Service, which is not in this Cafe, and no Fraud appears upon the Face of the Order which
ou<*ht to appear, or elfe the Court cannot adjuge it to be fo. Mr. Reeve contra. At this Rare there
would be no fuch Thing as a Settlement, every Perfon would hire a Servant two or three Days after
Quarter Day purely to evade the Srature. Per Cur. The Juflices confirming the Order imports a Fraud;
and adjudged accordingly. Poor's Settlements 56. pi. So. Mich. 17 14. B. R. Pepper Harrow v. Frencham.
10 Mod. 293. Pafch. 1 Geo. 3. R. S. C. by Name of -Jfrmcrjam Vj. g6tpptr i£arr0U\ Adjor-
natur. But the Reporter fays, That afterwards Cut audivit) it was held no Settlement. Foley's
Poor Laws 135, 136. Pafch. 1 Geo. B. R. S. C. fays, That upon Confederation the Court were all of
Opinion, that this Hiring was not fufheient to gain a Settlement ; For it is not a Hiring for a Year
â– within the Act of 3 & 4 W. & M. And if we once go out of the Act where mu!t we flop? And the
Order of Seflions was quafhed. >-S. C. cited 10 Mod. 392. Trin 3 Geo, B. R. In the Cafe of the Parifh,
of i£ortOU &♦♦♦♦♦♦ And fays, That it was held to be no Settlement.
11. Before the late Ail, the Service of a Servant ly 40 Days was a Set-
tlement. MS. Cafes Trin. 9 Ann. B. R. Parilli in Derby.
2 Shaw's 12, A poor Man having a Daughter, who was married, and had gained
Pratt Juft a Settlement elfewhere, hired hiwfclj for a Tear, and ferved the lear, and
i^-Shaw's P er Cur - 1dc is a fi''& e P £r fo»-> within the Meaning of the Aft, tho' not
Parifh Law exprefsly within "the Letter of the Aft. The Meaning of the Statute
231. Hill, vvas, That he might not bring any Confequential Damage to the Pariih,
1710.S C. w h.j ca he cannot poliibly do here i and held the Man notwithstanding
— Foley s r j he
Settlement of the Poor.
393
he had a Child, gain'd a Settlement, by Virtue of the Service. Poor's Poor Laws
Settlements 5. pi. 7. Pafch. 171 1. B. R. The Parifh of Antony v. Car- Bb I 3 2 -
digan. Ann. B. R.
Anon, feems
to be S. C. S. C. And tho' it was objected, that this Act of 5 & 4 W. & M. was an Explanatory-
Act of z jac. and Co ought to be taken ftrictly according to the Letter ; yet it was held, That thefe
Acts being for the Settlement of the Poor, the Judges ought to have Regard to the Meaning of the Law
Makers. The Scope of the AcT: was to prevent a Charge to the Parifh, and if a Man were in filch a State,
as that he would not draw any Charge after him, he was within the Meaning of the Aft, tho' the Letter 1
of the Act was to the contrary. His Daughter being provided for, and fettled, he is a Perfon unmarried,
rot having a Child as to this Purpofe. The Child is fecured from the Father, and it is as if fhe were
Dead, li here the Party's Settlement will not draw after him the Settlement of his Children, he may gain a
Settlement without Notice. MS. Cafes Trin. 10 Ann. B. R. The Queen v. St. Anthony and Cardinnam
in Cornwall S. C.
13. 12 Annx cap. i3. S. 2. Per funs coming with Certificates into Paripes,
and Hiring Servants, fitch Servants pail not gain any Settlement by finch
Hiring.
14. S. B. Spinfter lived a Hired Servant at Chefham a whole Tear, and Foley's Poor
after went and lived with her Father, a Cotager [in Meffington] and was La ^ w ' 4 . 2 > ,
hired for a 7 ear, and her Father was to give her 10 s. a Tear, and make i^Ann.'s'c
what Vails and Profits pe could; Thejultices at the Sefiions held, lhe by Name of'
was fettled at Chefham, and that her Hiring with her Father was a the Parifh of
fraudulent Hiring, and not within the Meaning of the A6V. of Parlia- Jjijp £ .
ment. But the Court held, that ihe was fettled in Meffington, and that Buck"- And
her Father might well hire her. Poor's Settlements 34. pi. 54. Trin. 17 14. fays/ the
B. R. Chefham Parifh v. Great Meffington in Bucks. Court held,
That there
was no Ground of Fraud; For it was to live with her Father, who might be grown old.
i s. A Servant was hired at A. for a Year, his Majler Jived there Half S P. a
a Tear, and then lived at B. and her Half Tear. It was held, That the'|^* ft
Servant was fettled in the lad Place; for the Identity of the Service is 55 ._shaw S
the fame ; and the Statute does not tie it down to one Place. It the Parifh Law-
Matter had removed to feveral Places, the laft Place where he liv'd 40 2 3~ cites
Days gains him a Settlement, agreeable to the Statute of King Charles. |^* A
Poor's Settlements 16. pi. 23. Trin. 12 Ann. B. R. The Parifh of Alhton j^ a id was
v. Siherlton in Northamptonlhire. hind Tor a
Year to a
fubttantial Farmer in the Parifh of Jjhton, where (he ferved Half a Tear, then her Mafier, andjhe with
him, removed to the Parijh of Patjhall, where ler Mafier took another Farm ; the Servant continued with him
in the Parifh of Patjhall lor the other Half Tear, ana now is likely to become chargeable ; and the Jus-
tices of Peace fend her from Patfhall to Afhton ; Afhtort appeals to the Seffions, and they make an Or-
der to fend her to Silvcrton, which was the Place of her Settlement before ; lb that now the Queftion
is, Whether fhe gained any Settlement in any of thefe Places ? If fhe did, in which of thefe Places ? I-
was much ir.fifted or, That the Service for the Year ought to be in the fame Place. Ch. S. Parker faid,
fure, this is no new Cafe ; Before the Statute of 1 3 & 14 Car. 2. cap. 12. No Perfon was removeable ; then
comes that Statute, and fays, it muji be before 40 Days expire ; for if they live there 40 Days, according
to that Act of Parliament, they gained a Settlement ; then comes the Statute of 3 4// • & M. cap.
11 and fays, fuch 40 Days mujl be reckoned from a Notice in Writing, which Notice in Writing mult be
pubhjbed in tie Church ; now that exended only to fuch as were removeable ; but a Servant as came in
with his Matter, was not removeable ; then that Act goes on, and makes a further Provifion, as if any
Perfon being unmarried &c. [See pi. 3.] Now as it flood upon this Act, there was a Qusre, what was
the Meaning of fuch Service ? Whether fuch Service fhould relate to the Contract, which was for a
Year, or to the 40 Days i Then came the Statute of S £r-<; ft • ?■eap. 30. S. 4. which Enafts, That no
Perfon fo hired fhall be adjudged to have a Settlement, unlcfs he continues in the Service a whole Year.
Now by this Claufe it plainly appears, That the Service was to relate to the Contract, and to prevent
Perfons running away from their Service ; but it cannot relate to the 40 Days; for that Jlands upon the
Statute of 13 &> 14 Car. 2. So that if a Perfon is hired to the Matter in one Parifh, and he goes with
his Matter, and there continues for 40 Days in his Service, and ferves his Matter for one whole Ye3r,
the Parifh he continues laft in for 40 Days, before the End of his Year, is the Place of his Settlement ;
but if he runs away from his Matter, during the Space of that Year, he gains no Settlement at all ; and
the Reafcn tvhy the 40 Days gains a Settlement is, becaufe he ccmes there with his Mafier; and you cannot
remove him or her (rem his or her Mafier; and therefore being once fettled ib as he or fhe cannot be
removed, that is accounted a Settlement: And there was a Cafe to this Purpofe, adjudged between the
Parifh.es of (JrCjVjsan' atiD iijtrroUi ; there the Cafe was , A Coryholder had 25 s a Year r,f his own
for Life, where he lived; he had feveral Children, and dies ; his Wife was admitted for Life, and dies;
5 H the
394 Settlement of the Poor.
the Children were like to be chargeable ; and whether they could remove them or not was the Quefh-
on ; and it was held tlicy could nor ; hecaufe thev being once fertlcd, could not be removed ; BelidesJ
we ;ill pretty well now the Hiltory of the Act of S & 9 W. and that it was made to end the Difpute J
For this Court, always before this Act, looked upon iuch Service to be 40 Days Service; and now by
I Clanfe, it is for 3 Vein-, Bolides, here is what the Aft requires, which is a Hiring and Ser-
I } car; and it would be the hardeft Cafe in the World for Servants who come with their
Matters to Town, and live Half a Year in Town, and Half a Year in the Country, and they bv this
P. ule would g :in no Settlement .• So that the whole Court were all of Opinion, that the Orders fhould
bequafhed, a d that Parjhal! was the Place of her laft legal Settlement. Foley's Poor Laws iSS, 1^9,
, u)'., 192, 193. Trin. 12 Ann. B. R between the Parifhes of Silvetton and Afhton in Com',
on.
There was an Order made bv 2 Tufticesof the Peace to remove one Langley, his Wife and Daugh-
ter, from Hatfie'id to St Exter*s in St. Alban's. Upon an Appeal the Matter was (rated fpeciaU
)v, viz. That this Langley was a Hunt/man to one Mr. Arnold, and that Mr. Arnold Ifved femetimes at
Wejtminfier, and femetimes at his Houle in Northamptonshire, but that Mr Arnho'd had no Settlement in
St. Peter's in St. A loan's ; but that this Langley fe rued the Lift 40 Days of his Tear in the Parifh of St.
Pete>inSt. .-.'.tWj, with his Mailer Mr Arnold, which the Jultices at SclTions thought s-ah'd no Settle-
ment for Langiey there ; and gaafh'd the Order of 2 Juftiees : But this Court, upon the Order's bei-.g
removed by Certiorari, quafhV. the ( hder of §ef£ons, and held Langley's Settlement is in St Peter's in
St. Alban's, by ferving his Miller Mr. Arnold the laft 40 Days of his Year there, tlo' his Mafter Ar-
ttlemnt tin-e. Foley's Poor Laws 19-, 19S. Hill. 1 Geo. 2. in B. R. between the i'arifhes
of Bifliop's Hattield and St. Peter in Sc. Alban's, Kertfordfhire.
16. A poor Man ki/d himfelf to a Warrener, and lived all the Year to
[except] 8 Weeks, during which Time be lay at a Lodge. And it was
held Per Cur, ill. That that was no Interruption of the Service, zdly,
The Statute only intended an Identity of Service quoad the Mailer, and
not quoad the Place ; and therefore wherever be IrSdthe laft 40 Days, it
is a Settlement within the 14 Car. 2. Poor's Settlements 55. pi. 79.
Mich. 1714. Eldeiton Parilh's Cafe.
17. A Servant hired, and ferving a Majter in a Place when the Mafter
has no Settlement, will be good ; for the Service is perfonal, and where*
ever it is peiform'd, that will be fufficient to gain a Settlement. MS.
Cales, The Queen v. Filleigh andChittlehampton in Devon.
10 Mod. 18. J. P. liv'd as a hired Servant at Spawling for a Year, and after
261. Mich. was btred at Burnham by Covenant for a Tear, and lived there all but £
S C C °b X Weeks, when be vcluutarily parted from his Mafter, who dedutled 3 Shil-
a\anie of the K*gs of his Wages. The Jultices adjudg'd him fettled at Burnham. The
Parifh of Order being return 'd into B. R. it was objected that the Jultices err'd,
3&aUilerb. in adjudging him fettled at Burnham, having not ferved a Year. To
IBurnljam wn j cn it was anl'vvered, That it is laid he was a Covenant-Servant,
the Court yS which Ex vi Termini does import by Deed, and then his going away
quafh'd the cannot difcharge the Covenant. Per Cur. Here is no Manner of Fraud
Order, and exprefs'd, or appearing by a necelfary Implication ; It is not within the
h ft d l's' 3a ^ or ds or Meaning of the Act Can a Man compel his Servant to gain
vice for a" a Settlement Nolens volens; lor whofe Advantage is it, the Servant's
Year was or the Mailer's ? As to the Covenant, that it was by Deed, and fo the
ncceffary. Service continued, perhaps he might bring Covenant, and as to thar.
Point the Service continued, but not quoad the Settlement, where the
Statute fays he mult ferve for a Year, which is not in this Cafe. Poor's
Settlements 61. pi. 84. Spawling v. Burnham.
Poor's Set- 19. Two Jultices ol Peace made an Order of Removal of one John
dements 78. Evans, and Anne his Wife, from the Pariih of Ranton to the Pari'lh of
pi. 104. S. C. Haughton ; upon Appeal to the Selfions they were of Opinion, That the
the Parifh Order of 2 Jultices ought to be confirmed, but found the Matter fpe-
of Horton v. cially, which was as lollovvs, That the faid John Evans, about 5 Tears
Houghton ago, was hired with Ralph Trubihaw of Haughton aforeiaid, from Afb-
fh'-^Ad " we dntfday till Cbriftmas, and ferv'd him that Tune ; then he went away
mrnMnr. from him, andftay'd with his Father in Ranton aforelaid for about a Week j
10 Mod. then he returned tot be faid Ralph Tbntbfbaw, and was again bird with hint
992. S. C. for 1 1 Months, and ferv'd him the faid 1 1 Alonths, and then departed rrom
In^aTls' - the * aid R al ph Thrublhaw, and took his Cloaths with him, and was ab-
which I fent one Week ^ then he returned to the fuid Ralph Thrubjhaw, and was
bird.
Settlement of the Poor. 395
&/V 'd with him for n Afontbs, and accordingly ferv'dhim^ and then left have of this
that Service, and went to his Father in Ranton, and ftay'd about one fe ^ " jV
Week ; then the faid John Evans ierved one John Sutton of the faid Pa- ;„ iJm 4
rilli oi' Haughton lor about 3 Weeks, then returned to Ranton afore- Geo. S. R.
faid, and ftay'd for about a Week, and then returned to the fiid John J5 was r f-
Sutton to theiaid Parifh of Haughton, and hired hirrifelffor 11 Months, fcJ^rAr!
and did accordingly i'erve within a Fortnight or 3 Weeks of the laft 1 1 g Ume nrs,and
Months, where, by Agreement oi the faid John Sutton, to avoid a Set- longDeii-
tlement in the laid Parifh of Haughton, he left him, took his Cloaths, beratiop.,^
went into the Pariih of Gnofall, and there continued about a Week j ThataHir-
then the laid John Evans returned to the faid John Sutton, and continued Months, and
â– with him to long as to mike up his Service of the n Months ; and 3 Service ac-
Weeks before Chriftmas the faid John E/ans hired himfelf again to the cordingly, _
faid John Sutton lor another 1 1 Months, and ferv'd hiin from that Time "fâ„¢
till within 3 Weeks of Michaelmas following, and then came away and me nt;for
married. Q^isre was, VV"hether thefe feveral Hirings were fuiheient to the Statutes
gain a Settlement in the Parifh of Haughton ? It was infilled. That here of"3&4W.
was neither a Hiring or a Service lor a Year, cited feveral Cafes, and ^ s -"and
concluded, That John Evans, by thefe Hirings and Services, could not § Sc'o'w!
gain a Settlement in Haughton. It was faid on the other Side, That 5. cap. 30.
the Statute that required the Hiring for a Year, was an explanatory S 4. require
Statute, and therefore ought to be taken ftrittly, and that there was no ^^for
Fraud, becaufe it was a mutual Agreement between Mailer and Servant, a y e ^ and
and that they might make fuch an Agreement. It was then objected, that it had
That this was fraudulent, and intended to evade the Statute; and that the been feyeral
Hiring of Servants ought to be a Year ; and that if the Hiring was ge- £j^™^
neral, the Law would make it a Year, and cited Coke Litt. 42. Ch. J. tliu \{ w -
Parker faid, This was an apparent Fraud, and different from all the other fuch Hirings
Cafes; Pratt J faid he doubted they mull take the Law to be, That as in this
there mull be a Hiring for a Year, and a Service lor a Year. Here the ^t s^tte-
Seffions have found itYpeciaily, and there is neither Hiring nor Service n , ents> " ye c t "
for a Year. And fuppofe a Man that lives in a Parifh incumber'd with that is'aMif-
Poor, hires a Servant lor 11 Months only, to* prevent his gaining a chief fie to
Settlement, how can this Hiring and Service gain a Settlement? And as °* $£f^f
to the Fraud, if there is any, the Jultices of Peace are Judges of that, flauirc, and"
Eyres J. of the fune Opinion with Pratt J. Powis J. abfent, propter jEgri- not by 'the
tudinem. Afterwards in Eafter-Term, after long Debate and Coniidera- pot"? which
tion, the Opinion of ail the Court was, 7 'hat thefe Hirings and Service m '* *° ^|!f e
the Parifh of Haughton, were not fifficient to gain a Settlement ; lb the Or- j£ v „ s '\ z fi
ders were quallfd. Foley's Poor Laws 137, 138, 139, 140, 141. Trin. — * Pratt J.'
a Geo B R between the Parilh of Ranton and the Parifh of Haughton &»d he did
in Com. Stafford. *****
Agreement was made purpo/ely, by Way of Caution, to prevent a Charge upon the Pariflo, the Intent was
lawful, and we have nothing to do with it. 10 Mod. 392. in S. C.
20. A poor Man was hired to one K. who rented a Farm in Ivingoe, 2 Shaw's
and liv'd Haifa rear; the Mafter ajfgned the harm to another, the Ser- Jjj"^ £"*
vant liv'd the rejl of the Tear with the other Perfon in the Farm, and at the \ c cues
End of the Tear received his Wages ofthefecond Mafter; and if this made a Shaw's Pa-
Settlement, was the Queftion ? Per Cur. The Ati lays there mull be a "ft Law
Hiring for a Year, and a Service for a Year, which is done in this Cafe g3?^ clIes
with another Perfon : The Queftion will be then, if it fhall be deem'd In a Ms
the fame Service ? Here is no new Contract. Per Pratt, If a Mafter w hich I
commands his Servant to live with another for a certain Time, it is a have of this
Service to the firft Mafter; and here being np new Contraft, it is carry- ^'^^
ing on the Service of the firft Mafter ; and compared it to the Cafe of ^ ' a
CaftOf ant! (£CClCg, cited in Salkeld. The fublequent Mafter paying Mafitr paid
the Wages, does not alter the Cafe ; lor the Contract not being deftroy- thefaiASer*
ed, he might have brought an Action againft the firft Mafter: Tota Cu- *$*?*£*
riii
396 Settlement of the Poor.
faidmtbing ria accordant. Poor's Settlements 81. pi. 109. Pafch. 17 18. B. R. Pa-
todifchargt j-jj], of Ivingoe v. Solcbury in Bucks.
the ContraB, ° J
nor was there an) Bargain between the Servant and the Affiance, but the Servant continued upon the Farm,
and ferv'd the Aifignee as Shepherd during the other Half Year, at the fcr.d whereof the Affignee paid
him the other Halt of his Wages, and gave him 5 s. over for Reaping. And the (^ueltion was, Whether
this Hiring »nd Service gain'd the Man a Settlement at Ivinghoe ? And per tot. Cur. They did, bc-
cauie nothing appearing to diflblve the hi (i Contract, the whole Service was rerform'd by Force of it,
and was ftri&ly and properly the fame Service as the S &o W. 3. cap. 50. S. 4. requires &c. MS.
Cafes, Hill .4 Geo. 13. R. 8. G
21. Upon a fpecial Order the Matter appeared thus ; J. S. lives in a
Houfe that was 2 'thirds in the Parilh ot Graveny, and 1 Third in the Pa-
rilh ol" Fever/ham ; the Mailer hires a Maid Servant for one whole Year,
and lhe is found to ledge in that Part of the Houie that is in the Parilh of
Fever jh am, and the Mafler lodged in that Part that was in Graven*. The
Court feem'd to think the Maid's Settlement was in the Parilh ot Fever-
iham, where fhe lodged, but the Parties, by Leave of the Court, referred it
to the Judges of the Aifize. The Reporter lays he had been informed
by Air. Marlh, who was Counfel in the Caule, that the Judges of Aflife
â– were both of Opinion that the Maid's Settlement was in Feverlham, in
the Parilh where lhe lay ; and both Parties acquiefe'd under that Opi-
nion. Foley's Poor Laws 19S, 199. Trin. 5 Geo. B. R. between the
Pari flies of Feverlham and Graveney in Kent.
So where 22. W. was born at Barnfley. and bound out apprentice at Minchin-
jfprentne pjmpton, but liv'd not 40 Days by Virtue ol his Apprenticelb'p, and
IndennTe J afterwards he hired himfelf for a Tear at Ampney, his Malter having turn'd
&c. to his him away, and thrown a Paper into the Fire, which he declared was
Mafler, who the Indenture. It was urg'd, That it does not appear that it was the
within two Indenture ; it is only Evidence, the Fa£t is not found; and if lb, then
'â– aid broke' " e vvas noc ^ m J ur ' s to mre himfelf any where, and confequently his
and then the Hiring void ; to which the Court agreed, and farther faid, Here is on-
Jpprenthe, \y Evidence, the Fact itfelf, that it was the Indenture, is not found.
byandwitb p er p ow j s J. Admitting the Indenture was burnt, the Contract was noc
to Matter deitroyed j for the Jullices might compel the Mailer to take him not-
was hired in withstanding. Adjornatur. Poor's Settlements 101. pi. 136. Hill. 1721.
another Parip E. R. Bamefly v. Ampney-crucis in Glouceilerfhire.
for a Tear,
and ferv'd for a whole Tear there, which Service commene'd ard ended after his Matter faiPd. It was
admitted by the Court, That where one is bound Apprentice by Indenture, it cannot be difcharg'd but
by Deed or by the Seffions ; and that a Hiring after he is bound, or any Conferences arifing upon fuch
Hiring, are entirely void whilft the Indenture fubfilrs, and until 'tis Defealanc'd ; for when an Appren-
tice ferves 40 D.:\s by Virtue of the Indenture, he cannot gain another Settlement, tho' his Mafler eonfents, bc-
caufe he had a Settlement by the Service under the Indenture ; fo there is no Colour to let afide an Or-
der ofSeflions, which fent him to the I'arifh where he was an Apprentice. 8 Mod. 2;*; Pafch. 10
Geo. B. R. The Parifhioners of Buckington v the Parifhioners of Sevington. Shaw's Parifh Law
255. cites S.G aLd.Raym. Rep. 1552. S.C.
Where a Mafler took an Apprentiie, and afterwards ran avjay, and the Apprentice I 'ired himfelf for a
Tear, and ferv'd the Tear, it was held Per Cur That he gains no Settlement, not being Sui Juris, nor
of a Capacity to hire himfelf ; ( kherwife had it been by Confent of the Mafler, or had his Indenture been
cancelld. Poor's Settlements 1 1 5. pi. 1 55. Pafch. 1-24. B. R. The King v. the Inhabitants of Shipton
Curry. 2 Shaw's Prac*. Juft. s~ ■S. P— Shaw's Parifh Law 254. S. P.
If a Man 2 j, A Perfon was hired for a Tear, and in the Tear's Service the Mafler
lets his Ser- ^ ave ^ m £ eavs to g t0 f ee his Mother for one Day, and he flay d three Days,
fee his ' and then came home again; his Ma /rer took him into his Service, as before.
Friends for And per Cur. The Mailer's taking him again is a Purgation of the Of-
a Week, or fence, and no Interruption of the Service. Poor's Settlements 95. pi.
the like, tins Pafch. 1721. B. R. The King v. the Inhabitants of Icclip, Oxon.
is no Inter- ' ' s £3
ruption of the Service. Per Lord Parker, Poor's Settlements 2. pi. 2. Mich. 1710. BR. in Cafe of
the Parifh of Rudgwick v. Chedingfbrd.
If a Servant, after he has in.ide a Contract, fliould leave his Mafler' t Service for fomc Time, if the Mafiet
receives him again, according to the Contract, he is a Servant under the Contract, is before. Per
Cur. MS. Calci. Mich. 9 Ann. B. R. in Ca!e of The Queen V. the Inhabitants of Dunsford and
Rudgwick.
24. A
Settlement of the Poor. 397
24. A Servant^ 3 or 4 Days before his Service expired, dejired Leave of his 2 Shaw's
Matter to go to a Fair to hire himfelj into another Service ; but his Majler Praa .- J u ^-
abfolately refufed.to let him go, and told him he ihould not come into Pa'ith^i - -, t
his Houie a^ain if he went : The Servant went notwithstanding, and hisS.P.— — .'
Mailer declaring that he ihould not come into his Houie again, he did Shaw's Pa-
fjot return till the 'Time of his Service expired. And per Cur. This is a Set- rifil Law-
dement notwithstanding, the Requeil of the Servant is a reafonable Re-^h ° UeS
quefi, and the Law will not fuller the Mailer to ihew himfelf lb inhuman
to his Servant. Poor's Settlements 95. pi. 129. Paich. 1721. B. R.
The King y. the Inhabitants of Icelip, Oxoti.
25. The Mailer tam'd away his Servant a Day before Michaelmas , who The Mailer
•was hired the Michaelmas before for a Year; ib that there was a Hiring "l 1 "^ turn
for a Year, but wanted a Day's Service to compleat it. Per Cur. The° ant " ^"
Mailer cannot turn away his Servant to defeat a Settlement, his Service Days before
continues notwithstanding, and held it was a Service for a Year. Poor's the Year
Settlements 105. pi. 141. Trin. 1722. B. R. The King v. the Inhabi- ex P Ires ; if
tantsofWeft-Horfley. £££*»
Point of Law
continues, and he gains a Settlement notwithstanding; and fo adjudVd. Poor's Settlements 9?. pi
129. Pafch. 1721. B. R. in Cafe of The King v. the inhabitants of Icelip, Oxon. S. P. Shaw's
Parifli Law 237.
26. When a Servant continues in the Service of a * Vifitor^ he gains a The Cafe
Settlement ; ior he cannot be removed unlefs the Pariih ihew that he was ";?'
bfotaght, or came thither on Purpoie that he might have a Settlement ; y^ w jf r
for the Statute doth indefinitely, and without any Exception, appoint, him at Chrift
that where the Service is ibr 40 Days, it ihall gain a Settlement; there- Church in
fore it ihall have a favourable Construction in Behalf of the Poor. Per p. xtord ancl
Cur. 8 Mod. 50. Trin. 7 Geo. The King v. the Inhabitants of St. J^^f"