96. Same point, Rex v. Heptonftall, ii. 842. pl. 820 97. So alfo if the feflons make an order referring a question to the determination of a judge of affize, the appeal must be continued by a proper adjournment, Rex v. Hedingham Sible, ii. 842. pl. 821 98. The feffions may adjourn an appeal to an adjourned feffions, Rex v. Stansfield, ii. 843. pl. 822 99. But the feffions cannot make any adjournment without entering a proPolted, per continuance, Rex v. ii. 844. pl. 823 100. The adjournment of a feffions must be made by the fame number of juftices that are neceffary to hold it, Rex v. Weftrington, ii. 844. pl. 824 101. If the juftices at feffions are equally divided and no order made nor the feffions adjourned, an order cannot be made at a fubfequent feffions, on an appeal lodged at the former feffions, Bodmin v. Warliii. 844. pl. 825 gen, 1oz. Same point, Rex v. Juftices of Westmorland, ii. 845. pl. 826 103. The feffions, in ftating a cafe for the opinion of the Court, cannot make a special conclufion, Anonymous, ii. 845. pl. 827 104. But although they must determine one way or the other, yet they need not state the reafon of their judgment, South Cadbury v. Braddon, ii. 846. pl. 828 105. But if they ftate a bad reafon 106. The feffions need not state the 111. The feffions cannot be com- 113. The feffions, on a cafe being 114. But in fuch cafe they are not 117. The feffions, in making an or- 868. pl. 847 118. The 118. The feffions cannot order costs on the mere adjournment of an appeal, Rex v. Stamfield, ii. 268. pl. 848 119. The feffions cannot direct cofts to attend the event of another prefamed appeal, Rex v. Great Chart, ii. 868. pl. 849 SETTLEMENT BY BIRTH. I. OF Illegitimate CHILDREN. 1. A baftard is ex neceffitate fettled in the parish or place where it is born or first found; for being nullius filius, it could not otherwife be provided for, Whitechapel v. Stepney, ii. 1. pl. 1. 2. But to this rule there are feveral exceptions; for if any fraud fhall be used to procure the birth of a baftard in any particular parish, fuch child fhall be prima facie fettled, not in the parish in which it was born, but in the parish from whence its mother was fraudulently and collufively removed, Tewksbury v. Twining, ii. 1. pl. 2 3. So if a woman with child be removed from A. to B. under an illegal order, and be delivered of a baftard child in the parish of B. fuch child is not fettled where born, Much Waltham v. Peram, ii. 2. pl. 4 4. So alfo if an unmarried woman big with child be removed, and, pending an appeal against fuch order, be delivered of a baftard child, fuch child is not settled where born if fuch order be afterwards quafhed, but is fettled in the parish from which its mother was fo removed, Boreham v. Waltham, ii. 3. pl. 5 5. So alfo if a fingle-woman with child be unjustly removed from one parish, and be delivered of a baftard in the other parish pending the order, though before appeal, fuch bastard, on the order being reversed, is not fettled where born, Westbury v. Cofton, ii. 4. pl. 8 6. So alfo if the parish-officers are carrying a pregnant woman from one place to another by virtue of an order of removal, and fhe is delivered on the road, in tranfitu, of a baftard child, fuch baftard is not fettled in the parish where born, but fhall go with the mother to the parish where the is going by virtue of the order, Rex v. Jane Grey, ii. 4. pl. 10 7. So alfo a bastard born after an order of removal is made out, and before actual removal, is not by fuch birth fettled where born, but fhall to the mother's parish, go Rex v. Icleford, ii. 4. pl. 11 8. So alfo if a fingle-woman with child is removed from A. to B. and privately returns into the parish of A. and is there delivered of a baftard child, the settlement of such child is in B. and not in the parish where it is born, Rex v. Landinabae, ii. 6. pl. 14 9. So alfo if a woman big with child be fent to the boufe of correction, and be there delivered of a bastard, the child shall be sent to the parish from which the mother was fent to the house of correction, Stuckley v. Whitborn, ii. 2. pl. 3 10. So also a bastard born in a county gaol to which the mother had been committed for fafe cuftody, is not fettled where born, Rex v. Hereford, ii. 5. pl. 13 11. So by 13. Geo. 2. c. 29 for regulating the Foundling Hofpital, it is enacted, "that no child received "into fuch Hofpital fhall, by vir"tue thereof, gain any fettlement " in the parish," ii. 7. pl. 17 12. So by 17. Geo. 2. c. 5. f. 25. "baftards born in the ftreets, &c. "where the mother is wandering "and begging in a state of vagrancy, fhall not be fettled where "born, but fhall have the mother's "fettlement," ii. 8. pl. 19 13. So alfo by 13. Geo. 3. c. 82. f. 5. baftard children born in hofpitals "shall not be fettled in the parish "where fuch hospital is fituated in "confequence of fuch birth, but "fhall follow the mother's fettle"ment," ií. 8. pl. 20 14. So alfo by 20. Geo. 3. c. 36. all baftard children born in the boufe of industry of any hundred "or other district incorporated by "act of parliament, fhall follow "the mother's fettlement," ii. 10. pl. 24 15. But if an unmarried woman with child come accidentally into one parish, and remove to another by the advice of fome of the parishioners, and be there delivered of a bastard child, it fhall be fettled where born, Mafters v. Child, ii. 3. pl. 6 16. So alfo if a woman lodge in a parish, and be delivered of a baftard child, the child is fettled in fuch parish, although it do not appear that the mother had gained a fettlement, Rex v. Spitalfields, ii. 3. pl. 7 17. So also a baftard is fettled where born, though its parents are dead, and were, during the whole of their lives, reputed to be man and wife, Rex v. St. Peter's Worcestershire, ii. 7. pl. 16 18. So alfo a baftard born on the road while the mother is endeavouring to reach her own parish, with fraud, is fettled where born, Rex v. Aftley, ii. 10. pl. 25 19. The baftard of a certificate-person is fettled in the place of its birth, for it is not fuch iffue as will fol low the fettlement of its father or mother; neither is fuch bastard his or her child within the intention of the ftatute 8. & 9. Will. 3. c. 30. Rex v. New Windfor, ii. 5. pl. 12 20. Same point, Rex v. Hilton, ii. 7. pl. 18 21. Same point, Rex v. Wyke, ii. 9. pl. 22 22. But if a certificate expressly undertake to provide for the child that the woman certificated is then pregnant with, fuch child, though born a bastard, fhall be fettled in the mother's parish, and not in the parish where born, Rex v. Ipfley, ii. 9. pl. 23 23. So where a child is born a baftard, and its parents afterwards in. termarry, and the father procures a certificate for himself, his wife, and his child, fuch baftard fhall have his father's fettlement, and not be fettled where born, Rex v. Toftock, ii. 26. pl. 52 24. But although the place of birth be the fettlement of a bastard, yet while under seven years fuch child fhall be removed for nurture to the place of its mother's fettlement, and be there kept and maintained at the expence of the parish where born, Skeffreth v. Walford, ii. 6. pl. 15 25. Same point, Darlington v. Hemlington, ii. 8. pl. 21 26. The confirmation of an order made by two juftices on the overfeers of a parifh for the maintenance of a baftard, does not determine the fettlement of a bastard to be in that parifh, Rex v. Budworth, ii. 4. pl. 9 27. But if in a special cafe it appear that the parents of the child were married, but that the mother's former husband was alive at the time of its birth, the fair conclu fion fion from thefe facts is, that fuch child is a bastard, and therefore fhall be fettled where born, Rex v. Lubbenham, ii. 11. pl. 26 II. OF Legitimate CHILDREN. 28. The place of birth is also primâ facie the place of fettlement of legitimate children until the fettlement which fuch children inherit by parentage can be difcovered, Cripplegate v. St. Saviour's, ii. 15. pl. 33 29. Therefore, on a queftion refpecting the fettlement of a married woman, the appellants proved that the pauper was born in the parish of the refpondents; and this was held good prima facie evidence, fo as to oblige the refpondents to fhew that the pauper had gained a different fettlement, Rex v. Woodford, ii. 16. pl. 35 30. The fettlement by birth may be proved by the copy of the parishregifter of christenings and by identifying the perfon, Rex v. Creech St. Michael's, ii. 16. pl. 34 31. To deftroy a fettlement by birth, it may be fhewn that its fettlement by parentage is known, Chrift'sHofpital Cafe, ii. 15. pl. 31 32. For the primary fettlement by birth may be vacated by a new fet. tlement by parentage, although the child be under feven years of age, Cummer v. Milton, ii. 15. pl. 32 33. But the place of birth fhall be the place of fettlement of a legi- 34. So alfo if a legitimate child be born in one parish, and its parents remove into another parish and die before they have gained a fettlement there, fuch child is fettled where it was born, Rex v. Luckington, ii. 20. pl. 39 35. So alfo the place where a legitimate child is first found is the place of its legal fettlement, until the place of its birth or its derivative settlement can be found, Whitechapel v. Stepney, ii. 14. pl. 29 36. Therefore where the mother of a young child was executed for fe lony, and neither the place of the child's birth nor of the mother's fettlement could be found, the child was held to be fettled in the parish where the mother was apprehended,, ii. 15. pl. 30 37. So alfo if the mother of a child born in one parish die in another while the is paffing to a third, fuch child fhall not be fettled in the parish where it was left deftitute by the death of its mother, but shall be fettled where it was born, Clavely v. Burton, ii. 12. pl. 27 38. By 8. & 9. Will. 3. c. 30. "the "legitimate children of certificate"perfons fhall not gain a fettle"ment by birth in the certificated 66 parish," ii. 14. pl. 28 SETTLEMENT BY PARENTAGE, I. BY THE SETTLEMENT of THE FATHER. 1. The father's fettlement is the fettlement of his legitimate children, in whatever place fuch children may be born or dropped, Coxwell v. Shillingford, ji. 21. pl. 42 2. Same 2. Same point, Rex v. St. Giles's, ii. 22. pl. 44 3. And a legitimate child, though. born after the death of its father, fhall inherit his fettlement, Rex v. Clifton, ii. 22. pl. 43 4. So alfo the father's fettlement shall be conferred on his legitimate child, although fuch child be born an idiot, Hard's Cafe, ii. 19. pl. 38 5. And a legitimate child may be removed to the place of his father's fettlement, although the father does not refide there, Rex v. Iron Acton, ii. 24. pl. 49 6. For the fettlement of the father is the fettlement of his children, although he refided elsewhere at the time of and ever after their birth; and the children may be re'moved to fuch fettlement after the father's death, although they were never there during his life-time, St. Giles Reading v. Everfley Blackii. 23. pl. 47 water, 7. The father's fettlement communicated to his children is not altered or deftroyed by the marriage of his widow, Rex v. Saxmundham, ii. 20. pl. 40 8. Nor by the father's removal into another parish, unless he refide there long enough to gain a new fettlement, Rex v. Luckington, ii. 20. pl. 39 9. But if the father remove into a different parish, and there gain a new settlement, his children under the age of feven years, and fuch other of them as have not gained fettlements in their own right, fhall have the fettlement thus newly acquired, Rex v. Cumner, ii. 21. pl. 41 10. For while a legitimate child continues part of his father's family, it fall follow its father's fettlement, Rex v. Souton, ii. 24. pl. 48 |