distinct occupation of the rest by some
other person. R. v. The Inhabitants of See Devise. Limitations. St. Mary the Less, Durham, Mich. 32 Geo. 3.
REMOVAL.
See Order of Removal.
1. To an avowry for rent the tenant may plead payment of a ground rent to the original landlord. Sapsford v. Fletcher, Hil. 32 Geo. 3. 511
But there can be no set-off to an avowry for rent. ib. 512, and Graham v. Fraine, Hil. 24 Geo. 2. and Laycock v. Tuff- nell, E. 27 Geo. 3. ib.
477 8. Where by a navigation act the pro- prietor was entitled to a toil of four shillings per ton for goods carried from A. to B. or from B. to A. and to a pro- portionable sum for any less distance; and was also en ibled to appoint any place of collection; it was held that the tolls for goods carried the whole voyage from A to B. are rateable in B. though in fact they are collected in a parish between A. and B.; be cause the tolls become due where the voyage is completed. R. v. Page, Hil. 32 Geo. 3. 9. Property is not rateable to the poor, See Fences. unless there be some person in the be- neficial occupation of it. R. v. The Commissioners of Salter's Load Sluice Navigation, Trin. 32 Geo. 3. 730 10. Therefore where by an act of parlia ment the commissioners of a naviga- tion were authorized to take certain tolls, the whole of which were directed to be applied to public purposes, it was held that the tolls were not rateable to the poor.
11. Ships are rateable to the poor in the parish to which they belong. R. v. S. White, Trin. 32 Geo. 3.
12. So is stock in trade.
15. Nor the pay of officers in the navy, or of merchants' ships.
1. In an action against the sheriff for taking insufficient pledges in replevin, the plaintiff cannot recover damages beyond the value of the distress. Yea v. Lethbridge, Mich. 32 Geo. 3. 2. A judgment in replevin " that the "defendants have a return of the cat-
tle, and recover their damages and "costs assessed by the jury, &c." is good either as a judgment at common law, though the return be not adjudg- ed irreplevisable, or as a judgment un- der 21 Hen. 8. c. 19. which entitles the defendants to damages and costs. Gamon v. Jones, in error, Hil. 31 Geo. 3.
ib. See Pleading, No. 19. Rent.
16. Nor the salaries of officers of the cus- toms, or of merchants' clerks. ib. 17. County justices cannot rate a parish within their jurisdiction, in aid of ano- ther parish, lying within a borough, which has an exclusive jurisdiction, though within the same hundred and county. R. v. T. Holbeche, Trin. 32 Geo. 3. 778 18. For the justices of the county, hav- ing no jurisdiction in the borough, have no means of inquiring into the truth of the complaint.
See Appeal. Witness, No. 1.
RECOGNIZANCE.
See Costs, No. 3; Sheriff, No. 2, 3.
had and received. Irving v. Wilson, Mich. 32 Geo. 3.
485 2. In such an action a month's notice need not be given under 23 Geo. 3. c. 70. s. 30. ib. 3. The 9 Geo. 2. c. 35. s. 26. which enacts that prosecutions for assaults on revenue officers may be tried in any county, only extends to assaults on
them qua officers: and a defendant See Practice, No. 47. having been found guilty on an in- dictment of a common assault on the
prosecutor, who was in fact an excise See Revenue Officer, No. 1.
officer, this Court arrested the judg- ment, though the prosecutor was de- scribed to be an excise officer, the of-
fence being laid in Surry and the ve- See Manor, No. 1. nue in Middlesex. R. v. Cartwright, Mich. 32 Geo. 3. 490
4. Assumpsit for money had and receiv- ed, does not lie against an excise officer to recover duties received by him after the act imposing them is repeal- ed, if he have paid them over to his superior. Greenaway v. Hurd, Hil. 32 Geo. 3. 553 5. The officer in such case is entitled to notice a month before the action is brought by 23 Geo. 3. c. 70. s. 30. ib.
1. If the Sessions draw a conclusion of fact that the taking of a tenement is fraudulent, or that it does not amount to 101. per ann. it is decisive here, though they state all the facts, and re- fer the consideration of those questions to the Court. R. v. The Inhabitants of Llanwinio, Mich. 32 Geo. 3. 473 The Court will refer an attorney's bill to be taxed, though all the busi- ness be done at the quarter sessions. Ex parte Williams, Mich. 32 Geo. 3.
496 3. The sheriff has no authority to take a bond for the appearance of persons arrested by him under process issuing upon an indictment at the quarter ses- sions for a misdemeanor; he can only take recognizance for their appear- ance. Bengough v. Rossiter, Hil. 32 Geo. 3.
See Appeal. Attorney, No. 3; Costs, No. 3; County Stock; Overseer, No. 1; Rate-Poor, No. 1.
1. If A. recover against C. and C. reco- ver against A. and B.; the Court will permit C. on motion to set off the da- mages which he has recovered against those obtained by A. on his. under- taking that the bill of A.'s attorney in the first action shall be satisfied, he having a lien on the judgment for his costs. Mitchell v. Oldfield, Hil. 31 123 Geo. 3. 2. There
SETTLEMENT BY APPRENTICE- SHIP.
1. Serving forty days under an indenture of apprenticeship to an infant, gives a settlement. R. v. The Inhabitants of St. Petrox, Dartmouth, Hil. 31 Geo. 3. 196
2. Money given by the parish officers, in the case of a voluntary binding, as the consideration of taking an appren- tice, is not liable to the duty imposed by the 8 Ann. c. 9. s. 35.; for it comes within the exception to it, as being at ib. the public charge of the parish. 3. Neither is any duty payable for any consideration money, unless it be given to, or to the use of the master or mis- ib. tress of the apprentice. 4. If an apprentice to a certificated per- son be assigned to a second master in the same parish, he cannot gain a set- tlement in that parish by serving the second master. R. v. The Inhabitants of Hinckley, Trin. 31 Geo. 3. 5. If the friends of an apprentice cove- nant to maintain him, and to provide him with clothes, it is not such a be- nefit as is liable to the duty imposed by 8 Ann. c. 9. s. 25. R. v. The Inhabi- tants of Leighton, Trin. 32 Geo. 3. 732 6. And consequently a settlement may be gained by serving 40 days under an in- denture of apprenticeship, containing such a covenant, although no additional duty be paid for it,
7. The additional duty imposed by 8 Ann. c. 9. s. 45. only attaches on things ac- tually given, or contracted to be given, to the master.
BY CERTIFICATE. The infant of a person living at A. under a certificate, served a year at B. (an extraparochial place) under a year- ly living, and then returned to A. un- der twenty-one, where he was hired and served a year; it was held that he gained no settlement in A. R. v. In- habitants of Collingbourn Ducis, Hil. 199 31 Geo. 3.
2. A certificate is only conclusive upon the parish granting it, with respect to that parish to which it is granted; tho' it is primâ facie evidence as to others And therefore where A. granted a cer- tificate to B. acknowledging the pauper and his wife to be their parishioners, it was held to be competent to A. as between that parish and C. to shew that the woman supposed to be the pau- per's wife had a former husband living at the time of her marriage with the R. v. The Inhabitants of pauper. 251 Lubbenham, E. 31 Geo. 3. If an apprentice to a certificated per- son be assigned to a second master in the same parish, he cannot gain a settlement in that parish by serving the second master. R. v. The Inha- bitants of Hinckley, Trin. 31 Geo. 3.
8. No settlement is gained by serving under an agreement of apprenticeship not stamped. R. v. The Inhabitants | 5. of Ditchingham, Trin. 32 Geo. 3.
Where a certificate was granted to the pauper and his wife, which latter
A parish certificate only includes the certificated man, his wife, and those children who live with him; but does not extend to grandchildren. R. v The Inhabitants of Darlington, Trin. 797 32 Geo. S.
Whether a certificate be abandoned by the head of the family returning to the certifying parish, leaving his children in the parish to which the cer- tificate is granted? 2u. 800, 801
pensed with, either with the consent of the master, or for an excusable cause. R. v. The Inhabitants of East Shefford, Trin. 32 Geo. 3. 806 6. And a settlement was gained, though the pauper ran away without leave, was brought back by a justice's warrant after 13 weeks absence, and then con- sented to have a deduction made out of his wages for that time. ib.
1. If A. residing on a cottage of his own grant it by lease and release to B. in fee, in consideration of 361. with a proviso, "that A. shall live in and the said cottage with the ap- purtenances as he had therefore "done, for life;" B. only takes a remainder after an estate for life in A.; and therefore has not such an in- terest during A.'s life, as will enable him to gain a settlement by a residence on the estate. R. v. Inhabitants of Ea-1. A settlement was gained by serving tington, Hil. 31 Geo. 3. the office of hog-ringer for the parish; it being stated that the pauper was chosen and sworn in at a court-leet: and that it was an office of great an- tiquity, and serviceable to the parish. R. v. The Inhabitants of Whittlesea, Trin. 32 Geo. 3.
177 2. Secus, if there had not been the word "occupy" in the proviso. Sembl. ib.
3. The word "occupy" reserved the whole estate. ib.
BY HIRING AND SERVICE. 1. The servant a few days before the end of the year for which he was hired, went away in order to get ano- ther place for the next year, without asking his master's consent: on his return before the end of the year, the master insisted on turning him away, and offered him his wages up to that time, which he accepted without ma- king any objection; this was held to be a dissolution of the contract, and defeated the settlement, though the servant wished to stay out the year. R. v. The Inhabitants of Clayhydon, Mich. 31 Geo. 3. 100
2. Service under a hiring for seven years to work only 13 hours in the day, and Sundays excepted, will not give a set- tlement. The servant must be under the controul of the master for the whole year. R. v. Inhabitants of Kingswin ford, E. 31 Geo. 3. 219 3. Service for a year under a hiring "at Ss. per week the year round,' with liberty to go on a fortnight's notice, will give a settlement. Ř. v. The Inhabitants of Birdbrooke, E. 31 Geo. 3.
4. A retrospective hiring will not give a settlement. R. v. The Inhabitants of Marton, E. 31 Geo. 3. 257
5. Absence at the beginning, the middle, or the end of the year, may be dis-
1. A. occupied a tenement of 10%. a-year, and died leaving three children living, to two of whom he bequeathed 5s. each, and to the latter, whom he made executrix, the residue of his property; the pauper who had be- fore married the executrix, resided on the tenement above 40 days, and paid rent for it; this was held to gain him a settlement, though the wife never proved the will. R. v. The In- habitants of Netherseal, E. 31 Geo. 8. 258
2. A settlement may be gained by rent- ing the fogs or after-grass of a mea dow of the yearly value of 101. R. v. The Inhabitants of Brampton, Trin. 31 Geo. 3.
348 3. If the Sessions draw a conclusion of fact that the taking of a tenement is fraudulent, or that it does not amount to 10l. per ann. it is decisive here, though they state all the facts, and re- fer the consideration of those ques- tions to this Court. R. v. The Inha- bitants of Llanwinio, Mich. 32 Geo. 3.
4. The pauper rented 20 cows at 31. 10s. per annum each, and agreed with the farmer that they should be fed in par- ticular fields for a certain part of the
See Escape. Practice, No. 10, 16, 24, 25, 27.
year, during which time no other cattle See Bill of Sale. Rate-Poor, No. 11. were to depasture there: it was held that he took a tenement within the 13
& 14 Car. 2. c. 12. and consequently See Bond, No. 1. gained a settlement by it. R. v. The Inhabitants of Tolpuddle, E. 32 Geo.
SHEEP STEALING.
See Conviction, No. 2.
1. If the sheriff appoint a special bailiff at the plaintiff's request, the latter
cannot rule the sheriff to return the writ. De Moranda v. Dunkin, Mich. 31 Geo. 3. 119
2. The sheriff has no authority to take a bond for the appearance of persons arrested by him under process issuing upon an indictment at the quarter ses- sions for a misdemeanor; he can only take a recognizance for their appear- ance. Bengough v. Rossiter, Hil. 32 Geo. 3.
505 3. At common law the sheriff could not bail any persons indicted before jus- tices of the peace, though he might bail those indicted before him at his torn. The 23 H. 6. c. 9. was passed to compel him to take bail where he might have done, and neglected to do so; but the 1 Ed. 4. c. 2. takes away his power of bailing altogether, and requires him to return all indictments taken before him at his torn to the ib. justices at the next sessions. 4. A sheriff's officer is not liable to the penalties of 32 Geo. 2. c. 28. s. 1. for carrying a person taken in execution
SOUTHWARK.
See Jurisdiction, No. 5, 6, 7.
SPECIAL OCCUPANT.
If an estate pur auter vie be limited in trust for a man, his heirs, execu- tors, administrators, and assigns, and be not devised, it descends to the heir as a special occupant, chargeable ac- cording to the statute of frauds, 29 Car. 2. c. 3.; and therefore the ad- ministratrix of the person last seised cannot recover the title-deeds thereof from the heir. Atkinson v. Baker, E. 31 Geo. 3. 229
to prison within 24 hours; that clause See Prohibition. only relating to persons arrested on mesne process. Evans v. Atkins, Hil. 32 Geo. 3.
5. If a mob riotously and by force de- molish a gaol, by which the debtors escape, the sheriff or gaoler is answer- able to the creditors for their escape. Elliot v. The Duke of Norfolk, Trin. $2 Geo. 3. 789
See Settlement by Apprenticeship, No. 2, 3, 5, 7, 8.
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