Charles Viner.

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

. (page 64 of 96)
Online LibraryCharles VinerA general abridgment of law and equity : alphabetically digested under proper titles, with notes and references to the whole (Volume 19) → online text (page 64 of 96)
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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-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.


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

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

Online LibraryCharles VinerA general abridgment of law and equity : alphabetically digested under proper titles, with notes and references to the whole (Volume 19) → online text (page 64 of 96)