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If an estate descend to a pauper, and he

-reside in the same parish forty days after

ward, although he may immediately after the descent to him, have contracted to sell the estate to another, yet if the conveyance be not executed till after the forty days of residence.

be expired, he will gain a settlement.*

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tion of 304.

Having now gone through a sufficient num- Boná fide considera ber of cases for an ample illustration of the general doctrine of persons being irremovable from their own estates, as well as to shew how far residence, coupled with possession by operation of law, goes in conferring settlement, it is time to advert to the principal subject of consideration in the statute we are examining, viz. what is the interpretation by authority of the words" whereof the consideration for such purchase doth not amount to the sum of 30!. bona fide paid."

The plain and obvious meaning of which words is, that, if an estate be granted for a pecuniary consideration, and such consideration do not amount to 307., a residence thereon for forty days will not gain a settlement.

But it has been repeatedly decided, that Pauper though the party cannot pay the purchase the estates mortgaging money out of his own funds, yet if he can borrow it on credit, that is sufficient to satisfy the words of the statute; and therefore although he mortgage the estate itself to raise the funds,

* 1 East's R. 296,

so that the estate be but purchased for 307. paid bona fide to the vendor, it will be sufficient.*

But the purchase of an estate subject to a mortgage is not sufficient for the purpose of gaining a settlement, unless the money actually paid for the equity of redemption amounts to 30%.†

Subsequent And if the original purchase be under 301. improvements not to no subsequent improvements will be sufficient be reckoned. for the purpose of gaining a settlement.‡

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A pauper purchased a messuage for 521. under an agreement that the vendors should allow 401. of the purchase money to remain upon mortgage of the premises. The mortgage was made and only 127. paid by the pauper to the vendor, who kept the title deeds, but the pauper took possession and resided some years on the premises. He afterwards sold them to a third person for 607. who paid 407. to the original vendor, and the remaining 201, to the pauper, obtained the title deeds from the original vendor, and the execution of the pauper to the conveyance; after which period the pauper did not reside any longer on the premises, but delivered them up to the new purchaser. The Court said "the 407. paid by the

* Burr. S. C. 57.-6 Term R. 755.

+2 Term R. 12.

Burr. S. C. 553.

new purchaser was for his own benefit, not for that of the pauper, who had in fact never paid more than 127.; never had any possession of the title deeds, and therefore had not made a purchase of any value beyond the sum which was actually paid independent of the mortgage. That in all the other cases of mortgagors which had been decided in their favor, if they had not actually paid the whole money from their own resources, they had had at least credit to borrow it aliundè."*

less than

settlement

But a single woman purchases a tenement, Purchase for and afterwards marries, the husband gains a 30%. commusettlement by a residence on this estate, and nicating a communicates the same to his wife, althoughby marriage. the original purchase money was under thirty pounds, for the husband gained a settlement by forty days residence upon his own estate ;and his settlement communicates itself to the wife.*

on the estate

And to gain a settlement, the residence need Residence not be on the estate, for a residence, in any part itself not reof the parish in which it is situated, is sufficient, quisite. For according to Holt, C. J. ❝ having land in a parish will not make a settlement, but living in a parish where one has land will gain a settlement:" for the act of Parliament never

1

* 1 Maule and Selwyn R. 387.

† Burr. S. C. 566.

meant to banish men from the enjoyment of their own lands.t

Certificates.

Substance
of the Certi-

CERTIFICATES are fallen much into disuse since a recent statute declared that, "henceforth no poor persons should be removed from their places of residence till they should become actually chargeable ;" but as the power to grant Certificates, with, their effects and consequen ces, still remain as they stood under the former statutes, by which they were introduced into the system of laws for the regulation of the poor, it is necessary to offer a few observations on such questions as are commonly brought before the Sessions by Appeal..

ficate acts. is that, "

The substance of the statutes just now referred any poor person may go to inhabit in any other place than that in which he is settled, on delivering to the church-wardens and overseers of the poor of the parish where he goes to inhabit, a certificate under the bands and seals of the church-wardens and overseers, or the major part of them, or of the overseers where there are no church-wardens, attested by two credible witnesses, and allowed by two

† 2 Salk. 524.

35 Geo. 3, c. 101.

8 & 9 Will. c. 30.-9 & 10 Will. c. 11.-12 Ann, c. 18. -3 Geo. 2. c. 20.

Justices having jurisdiction, acknowledging the person or persons therein named to be legally settled in the parish granting such certificate.. But at least one of the witnesses, who attest, the certificate, must make oath before the Justices allowing it, that he saw the churchwardens and overseers, whose names are subscribed as allowing it, actually sign and seal the same; and that the names of the witnesses are of their hand writing, and the Justices shall certify that such oath was made before them, and such certificate so allowed shall be evidence in all Courts whatever.

And such certificate shall only be discharged by one of the modes, already treated .of.

And no person so certificated, while the cer

ficate shall continue operative, shall be able to communicate a settlement to any apprentice or servant,"

guage.

On the specific expressions in the statute, it Explanation is sufficient to notice that delivery to the church of their lanwardens, &c. must be an actual delivery at the time the pauper goes to inhabit, for otherwise it would be opening a door to innumerable frauds and that the person wishing to take advantage of the certificate, must in fact reside under its authority, to satisfy the words "come

* 5 Term R. 154.-2 Bott. 439..

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