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the sentence of transportation, runs “ to such of his Majesty's dominions beyond the seas, as he shall direct and appoint." . Next, it was enacted, that hard labour in places of confinement, might in some cases be substituted for transportation, and many statutes have been successively enacted to regulate these, receptacles.*
Three statutes have been very recently passedt for correcting the errors, and enlarging the . benefits, of many of the former ones, on the subject of transportation, and the temporary confinement of offenders, of which the sub, stance, so far as is necessary for our immediate purpose, is as follows:--The first of these, after recitingan Act of the 43 of Geo. 3, on the same , subject, provides for the tonnage, and admea: surement of all vessels carrying passengers to any of his Majesty's plantations and settlements abroad. The next, after reciting those of 19 Geo. 3. c. 74.-24 Geo. 3, c. 56, and noticing. others which had been, from time to time, made to amend and continue these, for the transportation of offenders, as well as for the confinement of them in places appropriated for these purposes, continues them to March-25, 1814. The last mentioned further continues the Act immediately preceeding, till 25 March,
1815, and to the conclusion of the then next Session of Parliament.
... SECT. U. . HAVING dismissed the other business of the Appeals. Court, we come to the consideration of Appeals. The most cursory acquaintance with any book on the office and duties of a Justice of the Peace, must be sufficient to impress a conviction, that it would be a most unprofitable labour to introduce, under this division, all the subjects indiscriminately, on which an Appeal lies to the Sessions, from the decisions or acts of individual Magistrates. . No part of the whole system can exhibit a better proof of this posi- ' tion than that which embraces the differences between masters and their workmen in most of our trades, which are respectively regulated by an immense number of statutes, many of which are very rarely called into use, but all of which are to be met with in books of the kind which have been alluded to, as'occasion may require. It is proposed, therefore, to confine what is advanced here on the subject of Appeals, to those which arise out of that most ordinary and fruitful source of them, “ the poor laws.”
This resolves itself into two heads ;-Ist, the Poor laws. settlements of paupers ;-2dly. the rates upon property for their support. These are the two great fountains of litigation respecting the poor laws, by Appeal to the Quarter Sessions. First, then, as to the settlements of paupers; these
are obtained simply by birth, or through the
mediuin of some modification or other of inSettlements habitancy.* This general rule of law is, that by birth.
the place of birth is the prima facie, natural, place of settlement of every child ; subject nevertheless, first, to certain exceptions; and secondly, to what may be denominate:1, in contradistinction to its natural, an adventitious settlement, derived from its parents, or acquired by itself. Out of these exceptions ; or from the accession of these acquired settlements, must arise all the doubts or difficulties which give occasion to appeals. The exceptions apply particularly to illegitimate children, or bastards ; because, generally speaking, they are the only children to whom an adventitious settlement, derived from that of one, or the other, of their parents, does not immediately accrue.
With respect to BASTARDS, then, it may be birth the settlement stated as an universal proposition, that the place of bastards. aftlisin hint
5. of their birth, is that of their settlement, except, Exceptions. 1. Where there has been any collusion or
. contrivance to throw a burthen on the parish,
for then the fraud will vitiate the transaction,
and prevent the design. : Child born
2. Where the child is born of a woman under after order of reunoval, an order of removal; whether before actual
removal, or in transitit, or during a suspension of the order. .
--See Pract. Expog. title, Poor. Sect. 2... . 3. Where an order of removal is reversed ; Order reverfor then all things happening subsequent to sed. such order, are avoided thereby. ... 4. when the child is born of a mother in a In vagrancy.' state of vagrancy.
5. When born in a gaol or house of correc. In prison, tion, or in a house of industry incorporated by a státute, or in a lying-in hospital. 6. When born of a mother residing in a During resi
dence under parish where she is not settled, under the au-friendly sothority of the Friendly Society act.
ciety act. 7. When born of a mother residing under a Comprecertificate which includes the child specifically certificate."
bended in a by description.. .
If a bastard, then, be removed to the place of its birth, before it has acquired a settlement of its own, the only good ground of Appeal against such-order, must be by shewing that it was born under such circumstances as are comprehended in one or other of these exceptions.* And in the event of such case being made out, it will belong to the place of its mother's settle ment. .
. With respect to LEGITIMATE CHILDREN, or Of children children born of married parents, supposing lock." those parents to have no place of settlement, upon the principle before advanced, the place of the child's birth will be that of its settle.
born in wed.
* See Pract. Expos. title Poor, where most of the authori. ties are adduced which support these various exceptions, and form the system.
Have pa- ment ; because prima facie that is the settlerents setile
ment of every child till another be discovered but every legitimate child, or child born in wedlock, is entitled to its father's settlement if he have one, and if he be a foreigner and have not one, to its mother's, if she be a native and have one. Such is the general rule with respect to legitimate children, but to this also there are some exceptions, though by far less
numerous than in the case of bastards. . Exceptions. 1st. If a legitimate child be born in a state
of vagrancy, and the settlement of either of its
parents cannot be found, by reason that the Born in vag-mother died in giving it birth, or other cause, rancy, and mother dy- it must belong to the parish wherein it was ing.
born, till they can discover a derivative settle
ment. Foandlings. i 2dly. In the case of foundlings or deserted
children, maintained in an hospital founded and endowed for that purpose, and regulated by statute.* Foundling, ex vi termini, seems to imply ignorance of origin, and consequently of derivative settlement; the general rule, therefore, before exhibited applies, with only the difference enacted by the statute, which is nothing more than transferring the burden of maintaining these children from the overseers of the poor where the hospital is situate, to the special provision of the hospital itself. .