P into any parish," which are those of the statute of 9 and 10 Will. and evidently mean, what is expressed in the other statutes on the same subject, by the words "come into, or reside in,” and come to inhabit or reside; and lastly, that "the major part of the church-wardens," &c. which was formerly a subject of frequent controversy, is now ascertained, by a recent sta tute,* to comprehend the case of " two persons only, acting or purporting to act, in the capacity of church-wardens, as well as overseers of the poor," the same as if distinct persons as church-wardens, and other distinct persons as overseers of the poor, had been parties to any certificate. And by another, of the last Session of Parliament,† it is further provided, on this very subject, "that all indentures for the binding of poor apprentices, and all certificates of the settlements of poor persons, which have been heretofore signed and executed, or which shall hereafter be signed and executed, by a person or persons, who at the time of his or their signing and executing such indenture, or certificate of settlement, acted as church-warden or churchwardens, chapel-warden or chapel-wardens, of the township, hamlet, or chapelry, binding such poor apprentice, or granting such cer tificate of settlement, shall be deemed and " taken to be as good, valid, and effectual, as if the same had been signed and executed by a person or persons actually sworn into the office of church warden or chapel-warden of such township, hamlet, or chapelry; provided always, that such person or persons shall have been duly sworn into the office of churchwarden of the parish wherein the township, hamlet, or chapelry, binding such poor apprentice, or granting such certificate, be contained, or into the office of church-warden or chapel-warden of such township, hamlet, or chapelry; and that all indentures for the binding of poor apprentices, and all certificates of the settlements of poor persons, which shall have been heretofore signed and executed, or which may hereafter be signed and executed by the overseers of the poor of any township, hamlet, chapelry, or place, and the churchwarden or church-wardens, chapel-warden, or chapel-wardens, acting for, or appointed in respect of, such township, hamlet, chapelry, or place, or the major part of them, shall be deemed and taken to be as good, valid and effectual, as if the said indentures and certificates had been signed and executed by such overseers and church-wardens of the parish wherein such township, hamlet, chapelry, or place is situate, or the major part of them. Provided always, that nothing herein con, tained shall be construed to alter, impeach, or affect the settlement of any person, for whose removal any order of Justices shall have been duly made before the passing of this act." Discharge of discharged. certificate. 4 Assuming, then, that the certificate is regu, lar in point of form, and that all the steps nécessary to carry it into effect have been complied with, it remains to be seen what are its consequences in ordinary cases, and how it is With respect to a certificated person becoming possessed of an estate by operation of law, the general comprehensive rule is," any person who has an estate of free hold, copyhold, or for years, by act of law, (as descent, marriage, executorship, or adminis tration, may dwell upon it as his own; and is not removable; and gains a settlement if he continue forty days, though under 107. per annum; but he must abide forty days in order to gain such settlement."* And where a cottage was devised by will to a certificated person, “to live in during his life,” it was held, with residence, to discharge the certificate.† - And a purchase, which of itself is sufficient to gain a settlement, is of course sufficient to discharge a certificate;‡ but a certificate may also be abandoned, though the party do not * Burr. S. C. 307. Id. 205. any of the acts which actually go to discharge ment of a it; as where a certificated person leave the Abandonparish to which he is certificated for some perma-certificate. nent engagement, which manifests his not having an intention of returning, for then the certificate is considered as functus officio:* poor univer And such cases are generally very distinguishable from those where the manner of a person's departure conveys an intimation that it is only for a temporary purpose, as where his business is of a mere occasional nature, or where he leaves his family behind him as in his domicile.† If a certificate be not either discharged, or aban- Extends to doned by any of the modes above pointed out, sally. its general operations are "that it extends to poor of all denominations; to legitimate children born of certificated persons after the grant ing thereof; to a second wife taken after, and to her children born after, the granting thereof. It does not, however, extend to a bastard Children born after, except in the case of the mother born after granting. being pregnant with it at the time of granting the certificate, and such certificate referring specially to such child, in ventre sa mere.§ Nor to grand-children, unless specifically under the protection of, and part of the family of, the grand-father, or themselves individually nam. * 1 Term R. 354. + 5 Term R. 526.-8 Term R. 339. Burr. S. C. 182.-314.-2 Bott. 580.-Id. 593. § Burr. S. C. 650.-7 Term R. 362. Persons not married, To whom it is conclu sive. Relieving how far evi alement. ed; nor to children grown to maturity and em ancipated.* A certificate given to two persons as man and wife, though they afterwards turn out not to have been legally married, is good, if there were no fraud intended, and the parties ignorant of the irregularity; facts to be ascertained from circumstances, and found by the Justices.† A certificate is conclusive between the parish certifying, and the parish to which the certi ficate is granted; but as between the certifying parish, and any third parish, all matters remain open to investigation and controversy; the certificate only operates to the security of the particular parish to which it is certified; and the certificate person is not excluded by it from acquiring a settlement in another parish, in the same manner that any other person might do.‡ BEFORE the subject of Appeals respecting dence of set-settlements be entirely closed, it is necessary to say a few words on a species of evidence which. has not unfrequently been exhibited, for the purpose of collecting an acknowlegement of settlement by inference; viz. the fact of a pauper or his family having been relieved by the officers of a particular parish while resident in it, in order to found upon that fact, the inference, that such relieving was an acknowledg |