18. For if a woman marry a man who has not gained any fettlement in England, or, having gained a fettlement, if it cannot be found, her maiden fettlement is not fufpended by the coverture, Rex v. Wilborough Green, ii. 30. pl. 55 19. And the mother's fettlement shall in fuch cafe be transferred to their children, Rex v. St. Paul Shadwell, ii. 32. pl. 58 20. Same point, Rex v. Wefterham, ii. 32. pl. 59 Tynton v. King's ii. 33. pl. 61 21. Same point, Norton, 22. Same point, St. Giles v. St. Margaret's, ii. 33. pl. 62 23. And the mother's fettlement fhall not only be the fettlement of her children, but of her grandchildren, if their respective fathers had no fettlement, Rex v. St. Matthew Bethnal Green, ii. 40. pl. 67 24. If a mother acquire a new settlement, not in her own right, but by marriage with a second husband, her children by her first husband retain their original fettlement by birth or parentage, and cannot be removed with the mother to her acquired fettlement, except for nurture while under feven years of age, Wangford v. Brandon, ii. 29. pl. 54 25. But if a woman, previous to her marriage, acquire à fettlement in her own right, as by hiring and fervice, and after the death of her husband acquire a new fettlement by marriage, the children of her first husband, if the place of his fettlement be unknown, fhall go to the parish where the mother gained a fettlement in her own right, and not to the place of her fecond hufband's fettlement, Rex v. St. Giles in the Fields, ii. 34. pl. 63 26. And a wife may acquire a fettlement in her own right after the Rex v. ii. 30. pl. 56 death of her husband, Eversley, 27. And the fettlement fo acquired is communicated to fuch of her children as have not before gained fettlements for themselves, St. George's v. St. Catherine's, ii. 31. pl. 57 28. For a legitimate child may gain a new fettlement with its mother after the father's death, Rex v. Woodend, ii. 32. pl. 60 29. Therefore a child of ten years of age, who poffeffes a derivative fettlement from its father, may, after the father's death, acquire a new fettlement from his mother by going with her into another parish, and living with her as a part of her family upon her own eftate, Rex v. Barton Turfe, ii. 37. pl. 65 30. So alfo if a wife after the death of her husband refide forty days upon a copy hold eftate which fhe had before his death in her own right, fhe thereby gains a new fettlement, which fhall belong to her children inftead of that which they had before in right of their father, Rex v. Oulton, ii. 40. pl. 66 31. So alfo a widow by refidence during her quarantine gains a fettlement for herself and her children who are not emancipated, although they do not refide with her during the whole of the forty days, Rex v. Long Wittenham, ii, 41. pl. 68 32. But a mother during the life of her husband cannot gain a different fettlement for her children from that which they derive from their father by parentage, Berkhampead v. St. Mary Northchurch, ii. 36. pl. 64 from their parents, and acquire new fettlements in their own right, Dumbleton v. Beckford, ii. 42. pl. 69 34. And perhaps before the age of feven years; for the age of nurture has no relation to the doctrine of emancipation, Rex v. Tottington Lower End, ii. 51. pl. 76 35. A fon of eight years of age, who, on the removal of his father into another parish, is left behind, and continues to work for himself, and afterwards marries, and continues working for himself and his family for twenty years, is thereby feparated from his father's family, and cannot derive a new fettlement acquired by the father after his removal from the parish in which this fon was fo left, Eaftwoodhey v. Westwoodbey, ii. 42. pl. 70 36. A fon, who, when nineteen years of age, leaves his father's family, and goes into another parish, where he marries and has children, is emancipated, and cannot derive a fubfequent fettlement from parentage, St. Michael in Norwich v. St. Matthew Ipfwich, ii. 44. pl. 37. If a fon, after he is one and twenty years of age, marry, and live feparate with his wife and family from his father, though in the fame parish, yet he is fo far emancipated that his father cannot communicate to him a new fettle ment fubfequently acquired, Budgen v. Ampthil, ii. 46. pl. 72 38. If a fon enlift himself as a foldier, and continue four years in the fervice, he thereby emancipates himself from his father's family, and cannot change his derivative fettlement by parentage for a new fettlement fubfequently gained by his father, Rex v.Walpole St. Peter's, ii. 48. pl. 74 39. But a child is not emancipated to as to lose the benefit of any fettlement which his father may gain until he comes of age, or marries, or until he has gained a fettlement in his own right, or until he has contracted a relation inconsistent with the idea of his being part of his father's family, Rex v. Witton cum Twambrooks, ii. 60. pl. 81 40. Therefore where a fon married, had four children, and lived with his wife and children separate and apart from his father and mother in the fame parish in which his father was fettled, and it did not appear that he had gained any fettlement in his own right, it was held that he was intitled to a derivative fettlement by parentage from his father, Rex v. Cold Afbton, ii. 47. pl. 73 1 pated; but continues to follow his 44. So alfo where a daughter, who 45. A fon, when he was fixteen years 4. And even after her husband's death, she shall still retain his fettlement, until the gain a new fettlement either in her own right or by marriage with another husband, St. Giles v. Eversley, ii. 94. pl. 125 5. The fettlement of a widow which fhe has gained in her own right, cannot be changed by evidence that he was afterwards married to a man, who, in his life-time, told her he was born in Yorkshire; for it is incumbent on the parish, where the is proved to have acquired a fettlement, to fhew a fubfequent derivative fettlement, Rex v. Hemingham, ii. 114. pl. 143 6. But the maiden fettlement of a woman is not extinguished, but fufpended only, during the coverture, Appotens v. Dunfwell, ii. 95. pl. 128 a fettlement in his own right, to the 7. Same point, Marton v. Hanway, parish where his father lives under ii. 95. pl. 129 the certificate, and there enters 8. And if the marry a man who has ii. 61. pl. 82 no fettlement, or whofe fettlement cannot be discovered, her maiden fettlement is not even fufpended by the 12. Same point, St. Giles v. St. Marii. 95. pl. 130 Rex. Woodsford, ii. 116. pl. 144 19. But, unless the contrary appear, it fhall be preiumed that the hufband is at the place to which the wife is removed, Rex v. Ironacton, ii. 103. pl. 137 20. So alfo if the be removed " to "the place of her laft legal fettle"ment," it shall be intended to be the place of her husband's fettlement, Rex v. Higher Walton, ii. 103. pl. 138 21. Same point, Rex v. Hinxworth, ii. 109. pl. 141 22. Same point, Rex v. Leigh, ii. 113. pl. 142 14. Therefore if the father have no fettlement, the children are intitled to the fettlement of the mother, 23. Same point, Rex v. Hedfor, ii. Shadwell v. St. John Wapping, ii. 96. pl. 31 15. It was formerly held, that in fuch cafe it is not fufficient to state that it is not known where the husband is, or whether he has or has not gained a fettlement, Rex v. Norton, ii. 97. pl. 134 16. But now the removal of a wife and her children to the place of her maiden fettlement is good, without ftating, that it is not known whether the husband be living or dead, or that the place of his legal fettlement is not known, Rex v. Ryton, ii. 106. pl. 140 117. pl. 145 24. If a foreigner, the husband of an English woman, whofe father is certiñcated, live with and fupport his wife and family in the certificated parish, but has not gained any fettlement; his wife, although the afk temporary relief of the certificated parish, cannot be removed from her husband to the parith from which her father was certificated, and in which he is fettled by parentage, Rex v. Carleii. 103. pl. 139 : ton, 25. If husband and wife be certifi cated, and the wife be removed to the certifying parifh by an order which is unappealed from, this concludes the husband's fettlement to be in the fame parish, though she was not removed as his wife, and he had gained a fettlement in the parish to which the certificate was given, Rex v. Towcester, ii. 118. pl. 146 SETTLEMENT BY NOTICE I. OF the STATUTBS. 1. By 13. & 14. Car. 2. c. 12. f. 1. "upon complaint by the church"' wardens 2. By 1. Jac. 1. c. 17. f. 3. "the forty days continuance of fuch perfon in a parish to make a "fettlement fhall be accounted from "the time of his delivery of notice "in writing of the houfe of his "abode, and the number of his "family, to one of the church"wardens or overfeers of the parifh to which he fhall fo re"move," ii. 120. pl. 149 3. By 3. Will. & Mary, c. 11. " the "forty days from the publication of "the notice in writing to the "churchwarden or overfeer, which "notice the churchwarden or over"feer, to whom it is delivered, is required to read, or caule to be "read publickly, immediately af"ter divine férvice in the church "or chapel of the faid parish or "town, on the next Lord's day, "when there fhall be divine fer"vice in the fame, and the faid "churchwarden or overfeer is re"quired to regifter or caufe to be "registered the faid notice in writing, in the book kept for the 68 poor's accounts," ii. 120. pl. 150 4. And by 3. Will. & Mary, c. 11. f. 5. "if any churchwarden or overfeer fhall refufe or neglect 9. A perfon having land in a parish will not enable him to give notice for the purpose of gaining a fettlement, Riflip v. Harrow, ii. 122, pl. 157 10. A perfon lodging and boarding in a parish cannot give notice of refidency for the purpose of gaining a fettlement, Riflip v. Hendon, ii. 122. pl. 158 11. But a lodger, whofe apartment is diftinct from the house to which it belongs, may give notice, Rex v. Buckingham, ii. 123. pl. 159 III. THE |