"and falcable underwoods therein growing or hereafter to grow, thall be rated and affeffed to the relief of the poor, and to all other parochial rates within fuch "parith and place which lies neareft to fuch lands, in like manner and form, and fubject to the fame "directions and regulations as all other lands within "fuch parith and place are by law liable to be rated and affeffed thereunto. 66 mine difputes, parish as they 89. And by 17 Gre 2. 37: If, on application to And the juftices, "the officers of fuch parish or place to have fuchin general quarter feflions, may "improved or drained lands rated and affeffed as aforefaid, any difpute or difference fhall arife touch- hear and deter "ing what parith or place fuch lands ought to be rated and caufe the "and affeffed in, the juftices of the peace for the lands to be fairly "county, riding, liberty, or divifion where fuch lands adelled in fnch "lie, fhall, at their next general quarter feffions held, hall fee proper; "after fuch application, and after notice given to the offi- which affeff"cers of the feveral parithes and places abutting upon ment shall be and adjoining to fuch lands, and to all other perfons final. claiming and interested therein, hear and determine "the fame on the appeal of any perfon interested; "and fhall at fuch feffions caufe fuch lands or heredita"ments to be allotted to, and fairly and equally "affelfed in fuch parish or place as they fhall fee juft and meet, and fuch determination and allotment shall "at all times thereafter be final and conclufive to and upon the faid feveral parishes and places, and all "other perfons whatfoever, as to the parith or place "in which fuch lands and hereditaments fhall be rated "and affeffed to the poor, and all other parochial "rates as aforefaid: And the faid lands and heredita- See Kemp v. "ments fhall, at all times after fuch determination Spence, post. "and allotment, be rated and affeffed to the relief of page 72. "the poor, and to all other parochial rates within fach parith and parithes, place and places only, to which they fhall refpectively have been fo allotted as aforefaid: in feffions hall go." PROVIDED ALWAYS, that nothing in this act, The allotments nor any allotment to be made by the juftices, fhall of the juftices affect or determine the boundaries of any parish or not affect the "place, other than for the purpofe of rating and boundaries of affeffing fuch lands, &c. as aforefaid." 66 the parish, The inhabitants village,ufed and reputed as a pa. to the relief of which was an S. C. Jones, 355. 72. S. C. Hutton, 93. 2. Bl. Rep. 246. 91. Hilton v. Pawle, Hil. 3. Car. 1. Cro. Car. 2. Trefof an ancient país for taking a faddle of the plaintiff's at Stokegoldingham. Upon not guilty a fpecial verdict was found, viz. that rith before and the parish of Hinkley in the county of Leicester is, and at the time of time whereof, &c. was, an ancient rectory and parith the 43. Eliz. c. church; and that the village of Stokegoldingham is an 2. fhill be rated ancient village, and parcel of the rectory of Hinkley their own poor, aforefaid; and that from the time of king Henry the Sixth, although the vill and always afterwards, until this prefent time, there is be parcel of ano- and hath been a church in the faid village of Stokegoldingther parith ham, which, during all the faid time, hath been used and ancient rectory. reputed as a parifh; and that the inhabitants of Stokegoldingham aforefaid, during all the said time, have had all parochial rites, and churchwardens; and that the faid 5. C.Litt. Rep. village of Stokegoldingham is diftant from Hinkley about two miles; and if fuper totam materiam in formâ prædictâ compertum videbitur juftitiariis et curiæ hic, that the aforefaid village of Stokegoldingham be fuch a parifh as by the ftatute 43. Eliz. c. 2. for the relief of the poor is chargeable to the maintaining their own poor, then they fay the defendant is guilty to the damage of 71. and cofts 40s. ; and if fuper totam materiam in formâ prædictâ compertam videbitur juftitiariis bic, that the aforefaid village of Stokegoldingham ftands chargeable by the ftatute aforefaid to maintain the poor of Hinkley aforefaid, then they fay the defendant is not guilty. Upon the verdict being argued at the bar, THE COURT refolved and delivered their opinions fertatim for the plaintiff, that this is fuch & parish within the ftatute of 43. Eliz. e. 2. as is charge able for the relief of the poor of Stokegoldingham, and not for the poor of Hinkley for being found that it was a church in the time of king Henry the Sixth, et nunc et femper pafica reputed for a parish, and not in the negative, that it was not a parish before, it may be well intended to be a parith before, and it doth not exclude that it was not before time whereof, &c.; and although it thould not be fo intended, yet being found that it was ☛ church then, and that there were churchwardens there, it isa parith within the ftatute, although it be but a reputative parifh; for being in ufe fo long before the flatute, and at the time of the ftatute, the ftatute appoints, "that the church"wardens and three or four overfeers of the poor joined "with them fhall, &c. ;" and no churchwardens of Hinkley are churchwardens of Stokegolaingham, and by confequence have nothing to do there; and the churchwardens of Stokegoldingham are only to meddle with the church there, and by confequence with the poor of the parish and the ftatute hath an intention to confine the relief to : parishes parishes then in effe, and that every parish should meddle with its proper village, and their poor are to be provided for there, and not elfewhere.-Judgment for plaintiff. HILTON . PAWLE and before the in which it was Caftle Birm ridge Chapel, 92. Nichols v. Walker and Carter, Hil. 10. Car. 1. A parish by. Cro. Car. 394. Trefpafs for entering into his houfe in reputation, at Totteridge, and taking a fowling-piece. The following making the facts were found on special verdict: Carter was church- 43. Elz, c. a. warden, and Walker was overfeer, of the parish of Hat- mall not be field; and on the 16th November à rate was made by the rated to an inhabitants of Hatfield, for relief of the poor of that adjacent parish, parish, according to the ftatute; and that the plaintiff originally a vill, was an inhabitant in Totteridge, having not any lands in but fhall mainHatfield, but having lands in Totteridge, and was rated by tain its own the faid rate at twelvepence the month, towards the relief poor. of the poor of Hatfield; and that the faid rate, upon the See the Cafe of 20th April 1632, was allowed by two justices of the peace of the faid county, whereof one was of the quorum, Hob. 66. according to the ftatute; and that they demanded this 4. Mod. 15% fum of the plaintiff, and he refused to pay; wherefore, Raym. 477. by warrant of three juftices of the peace to levy that fum Holt, 575upon his goods and chattels, they, by virtue thereof, diftrained thofe goods, and fold them for twenty fhillings, and offered the refidue to the plaintiff and they found, that anciently the village of Totteridge was parcel of the parish of Hatfield, and that there was not any legal act to fever the faid vill from the parish of Hatfield, that mod et ante tempus cujus, &c. the tythes of Totteridge were paid to the parfon of Hatfield; and that the parfon of Hatfield ufed always to find a curate at Totteridge; and that there is no parfon at Totteridge; and that for threefcore years paft and more, and at the time of the making of the ftatute of 43. Eliz. c. 2. for relief of the poor, et femper exinde ufque hunc diem, dicta villa de TOTTERIDGE communiter reputata fuit effe parochia de fe, et per totum idem tempus conftabularios, gardianos ecclefie, et fupravifores pauperum, dicte villa de TOTTERIDGE habere confueverunt per electionem inhabitantium ibidem; and that for all the faid time, rates, affeffments, and levies have been made there by them, for the relief of the poor of Totteridge; which rates, during all the faid time, have been used to be levied by their proper officers for relief of the poor there, without any paying to the poor of Hatfield, or joining in any affeffment with the town of Hatfield: and that the church of Totteridge, during all that time, have had all parochial rights; and that the inhabitants of Totteridge have not ufed all that time to contribute to the reparation of the church of Hatfield, but to the reparation of their own proper church and chapel only. Et fi fuper F 2 totam et AL. NICHOLS v. totam materiam, &c. THE COURT, after argument at WALKER, the bar, refolved, that judgment ought to be given for the plaintiff for Totteridge being a parih in reputation fo long before and after the ftatute, and at the time of the ftatute made, it fhall not be now for this purpofe charged by Hatfield, but it fhall be charged by itfelf, and for their poor only. And they relied upon a judgment given in the cafe of Hilton v. Pawle. Overseers may be appointed, *and a poor's rate affeffed on the inhabitants of fuch extra parochial places as may be S. C. Foley, 98. 2. Lev. 142. 93. Dolting v. Stokeland, Hilary, 2. Ann. Fort. 219. The opinion of the Court was delivered by LORD CHIEF JUSTICE PARKER. The pauper was born at Dolting, and was fent to Stokeland, having been hired, and ferved there for a year. Stokeland appeals to a feffions, and infists that he ought to be fent to Brakeham Lodge, an extraparochial place, becaufe he had lived there fome years as a covenant fervant. The queftion now is, Whether a perfon can gain a fettlement in an extraparochial place? The ftatute 13. & 14. Car. 2. c. 12. is general; the words are exprefly fo," and many other counties in England and Wales;" if it was not to extend to any other counties than thofe mentioned in the act, it would not extend to one in Wales, for not one of the counties mentioned is in Wales. The next thing to be confidered is, Whether it. extends to extraparochial places, or only to townships and vills within a parith? It was firft intended only for the latter, because the parishes were fo large that the townships and vills could have no benefit from the 43. Eliz. c. 2. without the farther provifion of the 13. & 14. Car. 2. c. 12.; fo extraparochial places, though out of the purview of the ftatute, yet being within the fame mifchief. were all of opinion that it ought to extend to them. }f then there can be a fettlement, there may be a removal. But fuppofe there be no officers in thofe extraparochial places, the perfons who are aggrieved ought to complain to the juftices, and they ought to appoint officers; and the Juftices ought to appoint overfeers of the poor as they do in other places, purfuant to the ftatute, 43. Eliz. c. 2. But we think this order ought to be quafhed, becaufe they have not brought themfelves within the act, which extends only to fuch extraparochial places as are townfhips or vills. It is faid here, that the pauper ferved feveral years at a certain place called Brokeḥam Lodge; if it were faid at Brakeham Lodge generally, and no more, that (4) See Rex might be intended a vill (a). But by the prefent defcription it may be only one honfe, whereas it ought to confift of feveral houfes and inhabitants to be within the Aute, pl. 45. and Rex v. Justices of Peterborough, Cald. 238. Ante, pl. 46. v. Juftices of Bedfordshire, Cald 167. STOKELAND. act of parliament. The laft legal fettlement must be DOLTING . expounded fuch as can be by this act. Suppofe one goes to live in an extraparochial place which is neither town 2. Roll. Rep. nor village, would this difcharge him of all other fettle- 160. ments? As he fhall not stay where he is not fettled, fo 395. he muft go where he is laft legally settled, where he can 2. Mod. 39. be fent. Cro. Car. 9. 1. Sid. 292. confifting only 1004. 114. 2. Seff. Cald. 169. 94. Rex v. Denham, Eafter, 8. Geo. 2. Burr. Sett. But an extraCafes, 35. The pauper lived feveral years in a farm in parochial place, Suthwold-park, which is ftated in the order to be all of two houfes, extraparochial place, confifting of two houfes and about does not amount three hundred acres of land only, belonging to and in the to the notion of occupation of different perfons, and of the value of about a vill or town3001. per ann.; and that it did not appear, that in the faid hip. extraparochial place there arc or ever were any perfons S. C. 2. Stra. appointed to receive or provide for the poor happening s. C. therein.-LORD HARDWICKE. Before the cafe of Caf, 250, Dolting v. Stokeland it had been generally taken, that the Foley, 14. jaftices had not power to fend paupers to extraparochial 1. Bl. Com. places where there were no overseers of the poor. The fubftance of the opinion of the Court in that cafe refted B. R. H. 110. upon this limitation, that the place fhould amount to the 3. Burr. 1391. uction of a township or village. By the 43, Eliz. c. 2. there must be two overfeers at leaft; but when the whole parish confifts of two houfes, the whole parifh must be perpetual overfeers, and be chofen by nobody, and have jurifdiction over nobody but themselves, if this place“ may be called a township or village.-MR. JUSTICE PAGE. was alfo of opinion, that a fingle houfe or two houfes cannot amount to the notion of a town or village. If it had been formerly a town, if the houfes were in fact. decayed and gone, it would ceafe to be a town or village, -MR. JUSTICE LEE obferved, that the notion of a (a) 1. Salk. 176, village, according to the ancient law, is a tithing confift- 2. Hawk. 86. ing of ten families; that according to the modern Ld. Ray. 546. notion it is a place that has a conftable (a); that it 5. Mod. 81. ought at least to have the reputation of a vill or town; and that Lord Coke's definition of a vill, manfionibus vicinata," muft mean more than two houfes. And the order was affirmed (b). ex pluribus Cald, 169. (b) This Cafe was determined upon the autho rity of Rex. Inhabitants of Belvoir Çaftle, Mich, 2. Geo. 2. B. R. 95. Rex v. Grafton, Eafter, 10. Geo. 2. Burr. Sett. Caf.A nobleman's 101. The manor of Grafton is an extraparochial place, feat in an exence confifting of a capital manfion-houfe, and three traparochial place, converted into five farms, h.ld not to be a vill er town,-8. C. Stra. 1071. 2. Seff. Calcs, 217% 3. Burr. 1191. |