Page images
PDF
EPUB

66

"

17. By 6. Geo. 2. c. 31. "a
baftard chargeable or likely to
"become chargeable to any ex-
tra-parochial place, may be fili-
ated, &c. as if born in and
chargeable to a parish," i. 385.
pl. 486
18. See alfo Rex v. Baker, i. 421.
pl. 553
19. The juftices cannot remove a
pauper to an extra-parochial place,
Rex v. Tamworth, ii. 759. pl.
674
20. Same point, Bridewell v. Clerk-
enwell,
ii. 755. pl. 665
21. Nor can they remove from an
extra-parochial place, Foreft of
Dean v. Linton, ii. 756. pl. 666

22. And therefore a removal to an
extra-parochial place is a nullity,
and not affected by not appealing
from the order, Rex v. Swalcliffe,
ii. 760. pl. 675

F.

FAIR.

1. The leffec of a tall in a fair or market-town is not rateable to the poor in respect of the profits he derives therefrom, Hollidge's cafe, i. 91. pl. 121 2. The profits of a fair are not rateable to the poor, Rex v Brograve, i. 113. pl. 156

FATHER.

Ste MAINTENANCE OF RELATIONS

-BASTARDS.

FARMER.

A farmer is not liable to

the

poor's rate for the lock on his

tivation of his farm, he fhall be rated with refpect to fuch additional ftock, Rex v. Barking, 95. pl. 136

FISH.

Fish are tithable by custom, and the proprietors of fuch tithes are liable to be rated to the relief of the poor, Rex v. Carlyon, i. 181. pl. 182

FLEET PRISON.

1. The warden of the Fleet prifon is liable to be rated to the poor in respect to the profits of his office, Rex v. Eyles, i. 160. pl. 75 2. A prifoner in the Fleet, who rents a house within its rules of £. 10 a-year, thereby gains a fettlement, Rex v. St. Margaret's Westminster, ii. 146. pl. 186

FOREIGNERS.

1. Foreigners having no place of
fettlement cannot be removed from
the parish in which they land from
abroad to any other parish, Cow-
red's cafe,
ii. 19. pl. 37

2. And if a foreigner marry a woman
who has a fettlement, he does not
thereby acquire the fettlement of
his wife, Rex v. Wilborough Green,
ii. 30. pl. 55
3. But if a foreigner marry and have

children, and they become paupers before the father has acquired a fettlement, or, having acquired a fettlement, if it cannot be found, such children shall be remitted to the settlement of their mother, Rex v. St. Paul Shadwell, ii. 32. pl. 58

4. Same point, Rex v. Wefterham, ii. 32. pl. 59

fand; but if he keep a larger 5. Same point, Rex v. King's Nor

flock than is neceffary for the cul

[ocr errors]

ii. 33. pl. 61

6. Same

[blocks in formation]

1. A foundling child must be provided for by the officers of the parish or place where it is found; and it is not neceffary that they fhould have any order of justices for this purpote, Hayes v. Bryant, i. 371. pl. 465

2. And it is fettled in the parish

where found, unless the place of its birth can be discovered, ii. 14. pl.

29

[blocks in formation]

FRAUD.

1. An appointment of overfeers made
on a Sunday is primâ facie clandef-
tine and fraudulent, Rex v. But-
i. 21. pl. 36

ler,
2. If an unmarried woman with child
be fraudulently removed into a pa-
rish, her child, though born a baf
tard in fuch parifh fhall not be
fettled there, but in the parish
from whence he was fraudulently
removed,
ii. 1. pl. 2
3. If a man who is infolvent has
conveyed his eftate to trustees for
the payment of his debts, and af-
terwards, before the truft is per-
formed, get fraudulently into pof-
feffion, a refidence of forty days
will not give a fettlement, Rex v.
St. Michael's Bath, i. 640. pl. 571
4. Fraud is a fact, and must be posi-
tively found by the feffions; for
the Court will not infer it from
circumftances, however pregnant,
Rex v. Weflon, ii. 853. pl. 832

5.

6.

7.

Same point, Rex v. St. Nicholas
ii. 703. pl. 620

Harwich,

But fee Rex v. Tedford, ii, 846,

pl. 829

Sed qu. When the feffions flate facts fully and particularly, from whence they infer fraud, whether the Court of King's Bench may not draw their own conclufion from thofe facts, without having regard to the adjudication of the feffions? Rex v. Woodland, ii. 863. pl. 842 8. See Rex v. Barapton, ii. 515. pl. 453

17 9. See Rex v. Hoddesden, ii. 409. pl.

FOUNDLING HOSPITAL. See the ftatute 13. Geo. 3. c. 82. i. 387. pl. 490

10. See Rex v.

377

Welford, ii. 521. pl.
455

11. Sce Rex v. St. Michael's Bath,
ii. 640. pl. 571
12. Sce

3

[ocr errors][ocr errors]
[blocks in formation]

1. By 20. Geo. 3. c. 36. “ baf"tards born in gaol fhall be fettled "in the mother's parish, ii. 10.

pl. 24 2. Same point, Strickley v. Whetborn, ii. 2. pl. 3 3. Same point, Elfing v. Hereford, ii. 5. pl. 13 4. Renting a houfe of ten pounds ayear within the rules of THE FLEET gives a fettlement, ii. 146. pl. 186 5. The warden of THE FLEET is liable to be rated to the poor, Rex . Eyles, i. 160. pl. 175 6. By 19. Car. 2. c. 4. f. << 5. pri

foners in workhoules may be re"moved to the common gaol for "the purpose of taking their trial "at the affizes," i. 347. pl. 436

[blocks in formation]

H.

HARVEST-WORKERS.

By 13. & 14. Car. 2. c. 12. f. 3.

harveft-workers, having a certi"ficate from the minifter and "parifh-officers, fhall not be ap"prehended as vagrants, nor fhall "they gain a fettlement by refiding "out of their own parish," ii. 697. pl. 611

HARBOUR.

The perfons serving on board ships

lying at their moorings in any river or harbour within a parifh, fhall be taken to be refident within fuch parish, ii. 459. pl. 411

HERBAGE AND PANNAGE. 1. Qu. If the herbage and pannage of a park which is the furplufage over and above the competent and fufficient pafture and feeding of the game, is rateable to the poor? Jones v. Maunfell, i. 141. pl. 167 2. The ranger of a royal park is not, as fuch, rateable to the poor for the berbage and pannage of the park, Lord Bute v. Grindall, i. 167. pl. 177

HERD.

A houfe or meadow with £.10 a year, in which A HERD, as a reward for his fervices, is permitted to live by a number of perfons who have a right of common in the place where

[blocks in formation]

1. Lands given by private donation to the ule of a public hofpital are not thereby exempted from the poor's rate, Anonymous,

i. 94. pl. 134 2. The officers who refide in the refpective apartments of Chelsea Hofpital, and ufe fuch apartments as their dwelling-boufes, are rateable to the poor, dyr u. Smallpiece, i. 100. pl. 146.

3. But St. Luke's Hofpital is not rateable; for there are no perfons who dwell therein in the character of occupiers, Rex v. St. Luke's, i. 102. pl. 149 4. Nor St. Bartholomew's Hospital, i. 111. pl. 153 5. Baftards born in hofpitals fhall not be fettled in the parish where born, but fhall follow the mother's fettle

ment, 13. Geo. 3. c. 82. f. 5. ii. 8. pl. 20

6. By 9. Geo, 3. c. 31. f. 8.

66

no

perion admitted into the Mag"dalen Hofpital as a penitent prof

[ocr errors]

titute, or employed there as a "fervant, fhall thereby gain a

fettlement in the parish where "fuch hofpital is fituated," ii. 320. pl. 320

7. By 13. Geo. 2. c. 29. no child "received into the Foundling Hof"pital fhall, by virtue thereof, "gain any fettlement in the pa"rish," ii. 7. pl. 19

HOUSE.

1. Perfons coming into houfes rated to the poor fhall be liable to the rate affeffed in proportion to the time they have occupied the premiles, 17. Geo. 2. c. 38. f. 12. i. 78. pl. 104

2. If two feveral houfes are inhabited by two families, they shall be rated feparately, though they have but one entrance, Talbot v. Tracey, i. 80. pl. 109 3. If the owner of a houfe occupy part of it, he is liable to be rated for the whole, unless there be a diftinct occupation of the reft by fome other perfon, Rex v. St. Mary the Lefs, i. 693. pl. 855 4. A rate on lands and houfes at one penny in the pound, without making a diftinction between farms, dwelling-houfes, and cottages, is unequal, Rex v. Butler,

i. 84pl. 115

[blocks in formation]

· certain annual profit, such profit is rateable, although the houfe is only made ufe of as a place of public worship, Robfen v. Hide, . 156. pl. 172

9. But a houfe converted into an alms-houfe, of which no profit is made, but is intirely dedicated to purposes of charity, is not rateable, Rex v. Waldo, i. 159. pl. 174 10. A houfe with a landing machine fhall be rated additionally to the profits of the machine, Rex v. Hogg, i. 171. pl. 178 11. A battery house, the property of the crown, and from which the of ficer who fuperintends it is removeable at pleature, is rateable if the feffions find that fuch officer is the occupier thereof; but otherwise quare, Rex v. Hindis, i. 182.

pl. 183 12. Houfes built on lands embanked from the Thames, in purfuance of 7. Geo. 3. c. 37. which vets thofe lands in the owners free from taxes, are not liable to be affeffed to the general land tax impofd by the 27. Geo 3 though fuch act is conceived in general terms, and is fubfequent in point of time to the act creating the exemption, Williams v. Pritchard, i. 187. pl. 186 13. Nor are fuch heufes liable to the rates impofed by 11. Geo. 3. c. 19, Eddington v. Borman, i. 188 pl. 187

14. In what manner renting a houfe fhall be confidered as a tenement, fo as to give a fettlement, ii. 165 to 183

[merged small][merged small][ocr errors]
[blocks in formation]

1. A hufbard who marries a woman liable to maintain a poor relation, and receives an eftate with her in marriage, fhall be liable to the maintenance of fuch poor relation, City of Wefiminfier v. Gerrard, i. 318, pl. 397

2. Same point, Gerrard's Cafe, i. 319. pl. 398 3. A husband was formerly held liable to maintain his wife's children by a former husband, Rex v. Aldgate, i. 322. pl. 404 4. But the contrary is now determined, Tubb v. Harrison, i. 326 pl. 412 5. If a husband be impotent, the children are baftards, Foxcroft's Cafe, i. 395. pl. 516

« PreviousContinue »