Warden for a borough.

Ch. J. A settlement can only be gained in this mode upon the terms of the act of parliament; namely, by executing a public annual office or charge in the parish; it appears to me that one in this person's situation cannot be considered as a public officer; an office must be derived either immediately or mediately from the crown, or be constituted by statute; and his is neither one nor the other: but merely arising out of a contract with the parish, which the parish officers, with the consent of the parishioners, are by the statute enabled to make with any person for the maintenance and employment of the poor; and it might as well be said that a nurse employed to look after the poor, or any other employed in the like manner to do any part of the parish business is an officer; then again, if this were to be considered as an office or charge, is it an annual office or charge? it is said that we are to draw the conclusion, that it it so, by analogy to constructive hirings for a year; but in this particular case there are circumstances which repel that presumption, for the appointment was to be determi Red at a quarter's notice, without objection therefore, as far as we can collect, the intended duration of the employment from the acts of the parties, it appears that the parish might put an end to it, within the year, if they thought proper: upon the whole, therefore, it neither appears to have been an office, nor a public office nor a public annual office within the statute; and it is immaterial which part of the definition fails in its application to this case. The K. v. Marsham, Hil.

Ter. 46 Geo. 3 7 East's Rep. 167.

But if the sessions expressly find that a pauper was legally appointed governor of a workhouse at an annual salary, which office he continued to serve for years, and regularly received his salary during the period, and that the said office of governor is a public annual office. THE COURT will be precluded from discussing whether it is such an office or charge as will under the stat. 3 Will. 3 c. 11. s. 6, enable the pauper to gain a settlement. The K. v. Ilminster, Mic. Ter. 41 Geo. 3. 1 East's Rep. 83.

So serving the office of warden for a borough (which is in the nature of a tything-man), to execute the process of the justices of the borough, not in one parish only, but all over the borough will be sufficient to gain the party a settlement in that parish within the borough wherein he lived at the time of such service,

Boxley was wanted, the pauper applied for the appointment, and at a weekly vestry of the parishioners he was verbally appointed master at a salary of 161. and the pauper considered that he might be dismissed at any time upon a quarter's notice: he served four years and was then dismissed at a quarter's notice, the duties performed by the pauper were the superintending and managing the poor in the workhouse, teaching the poor to spin, weaving himself, and carrying on the manufactures.

though he was not chosen by that parish only; for BY THE COURT it is within the express words of the statute of executing an office in a town or parish. St. Mary v. St. Lawrence in Reading, Hil. 9 Ann. 19 Viner's Abr. 379. Foley, 121. 10 Mod. 13.

So serving the office of a parish-clerk, though chosen by Parish-clerk. the parson, and not by the parishioners, will gain a settlement. -Thus in Gatton v. Milwhich, Hil. 9 Ann, the question was, Whether one appointed clerk of the parish by the parson, and executing the office for a year, should gain a legal settle. meat within the stat, 3 & 4 Will. & Mar. c. 11. of which the words are, shall execute any annual office or charge? for it was objected, that this was not an annual office, BUT BY THE COURT. His being put in by the parson makes no difference, no more than where the constable is put in by the leet, and not by the parish: it is a parish office: 'tis true, if he is poor, and has a family, the parish may remove him; for although he came in by the parson only, yet their not removing him implies their consent and approbation; and by this consent of theirs, the law adjudges him in by the concurrence of the parish. 2 Salk. 536. Cas. of Sett. & Rem. 241. Foley, 123.

So in the K. v. St. Mary, Berkhampstead, Ea. 8 Geo. 2, the Court seemed to be of opinion (though the point was not expressly determined), that the executing the office of a parish clerk is sufficient for a certificate person to gain a settlement. 2 Sess. Cas. 182.

And it was determined in Peak v. Bourne, Mic. 6 Geo. 2, that it is not necessary for a parish clerk to be licensed by the ordinary in order to be legally placed in such office. 2 Strange,

942.

Also in the same case the Court strongly inclined to the opinion, that a parish clerk is a temporal officer, and may make a deputy in like manner as a constable *. Ibid.

So serving the office of sexton will gain a settlement,and if the Sexton. church-yard lie in two parishes, the settlement shall be in that parish in which the party resides. Thus in the K. v. Liverpool, Hil. 29 Geo. 3, the pauper was elected sexton by the proprietors of the seats in the church or chapel of St. James, at a vestry there held in the presence of the churchwardens, being recommended by the then minister to that office: and he executed the said office for six years, lodging all the while in the parish of Liverpool: the church and part of the church-yard of St. James stands in the parish of Walton, and the other part of the church-yard is in the parish of Liverpool; but no corpse was ever buried in that part of the church-yard which

* But according to the principle established by the cases of Lothsom Sherifhales, and the K. v. Allcannings, in p. 282, 255 supra, such deputy cannot gain a settlement.

Bailiff or ale taster,

Hog-ringer.

❝lies in the parish of Liverpool whilst the pauper executed the office, though they have been buried there since.—“ It was admitted that the office of sexton was such as would entitle 'the person executing it to a settlement;' but it was contended, that the office must be executed in the town or place, in order to give a settlement. But here he was chosen sexton to the chapel of St. James, which stands in the parish of Walton; and

it appeared that he never executed any part of the office in Liverpool. By lord Kenyon Ch. J. There is no doubt but that part of the office of sexton consists in digging graves; and it is as clear, that the office of sexton is a public office within the meaning of the 3 Will. & Mar, c. 11. s. 6. In this case the church-yard lies in two parishes, and the sexton gained a settlement in that in which he resided. 3 Term Rep. 118.

So serving the office of bailiff or aleconner in a borough will gain a settlement,although the borough does not extend over the whole parish. Thus in the K. v. Whitechurch, Tr. 27 & 28 Geo. 2, the pauper rented a tenement of 57. a year in the borough of Overton, and executed the office of bailiff or ale-taster for the said borough; to which office he was nominated and sworn at the court-leet, and executed the same from the Ladyday court to the Lady-day court following: the said office con sists in inspecting weights and measures within the said borough and in warning the jury to serve at the court-leet there; the said borough is not one fifth or one sixth part of the parish of Overton; and the bailiffs have never executed any authority over the parish at large; and great part of the said parish knew nothing of such office; and new married men and new-comers were frequently nominated for the sake of colt-ale. It was argued, that the executing this annual office in the parish, in the manner stated, gained a settlement: and it was held to be a good settlement. Burrow's Sett. Cas. 365.

So serving the office of hog-ringer for a whole parish, being an ancient annual office, will gain a settlement. Thus in the K. v. the Inhabitants of Whittlesea, Tr. 32 Geo. 3, the pauper being settled in Whittlesea, removed to Crowland, and during his residence there was legally chosen an hog-ringer for the parish of Crowland for one year, at a court-leet for the manor of Crowland; he was presented by the jury for the said office; and was sworn therein, and paid 4d. for the oath; and he served such office two years on his own account. The duty of such office is to attend the open commons, to see that all hogs turned thereupon were rung, and such hogs as were not rung it was the duty of his office to take to the pound which he frequently did; and he always received one penny for impounding, and six-pence for ringing each hog. The appointment to such office is of great antiquity, and serviceable to the inhabitants of the parish.---By lord Kenyon Ch. J. It is stated in the case, that this is an annual office of great antiquity, and serviceable to the parish at large;

and that there is an oath of office. Therefore it seems to me, that it is a public and annual office within the meaning the act of parliament. Every employment in a parish not indeed equal to express notice, though it be a matter fotoriety to the parish. It was once made a question, whe ther shoeing the horses of the lord of the manor was not equal notice; but it was determined not to be equivalent. If this person had been hog-ringer to certain individuals only, he would not thereby have gained a settlement; but he was ot merely an officer of A, B, or C, but of all the inhabitants te parish. It has been held, that a tything-man, a borsholrin alc-taster, or a hay ward, may gain a settlement by ag either of those offices: and the latter, whose duty it is to take care of the fences within his district cannot be ished from this case. 4 Term Rep. 807.

Sing the office of collector of the land tax is a sufficient Collector of in a settlement within the statute of 3 & 4 Will. & land-tax. Marc... 6, for it is not necessary that the office should

ofice; any office is sufficient, so that, by the nofit, it may be presumed that the parish had notice theper's being come into the parish...by Parker Ch. J. Kr. Hammond, Hil. 7 Geo. 1. 2 Bott, Const's ed. 283.

And it seems that serving the office of collector of any other Collector of entary rates, will be sufficient to gain a settlement; other parlia Baham v. Cook, Hit. 7 Geo. 1, the sessions, setting out mentary duties, fact specially,adjudged the settlement of a poor person to be B, because when he lived in that parish, he executed, ece of collector of the duties given by the 6 & 7 Will. on births and burials *. It was moved to quash it, this was not a parish office; and it would be giving missioners (who are to appoint the collectors) a power Magwhat charge they would upon the parish besides Bot stated in the order, that this was an annual office, at be to give a settlement within the express words of BY THE COURT. The reason why the executing gives a settlement without notice, is because of the noof the thing, of which the parliament thought it imposbut the parish should have notice; can any thing be sotorious than this? which is an office to collect a duty house to house. We cannot suppose a fraud in the com

that they would appoint a person of no substance to tor, only to bring a charge upon the parish. It needs parish office, but a public annual office in the parish ;' its not being said that this man executed it for a year, ake it he did, because it appears, on looking into the at the power given to the commissioners is to appoint who shall be collector of the duties for a year, and

his accounts. It hath been held a settlement in the land tax, and why not in this ?-Order confirm4 Strange 411. Foley, 124.

Schoolmaster. But executing the office of schoolmaster to a charity scho established by a private donation will not gain a settlement.Thus in the K. v. Milbourne, Ea. 18 Geo. 2, the pauper can from the parish of Sheepshead to the parish of Milbourne,|| certificate, in November 1733; was a schoolmaster, and taug the charity-school there until his death in 1743; but in w manner he was admitted to this school it does not appear, t only in general that he officiated till his death: that lady Hastings had by deed conveyed to trustees 101. per annum trust to be paid to the vicar of Milbourne for the time being the charity school: that this 101. per annum had not been propriated to any other use than paying it to the schooln ter; and whether the pauper had gained a settlement at bourne, either as serving an office, or as having a freehol the school of 10l. a-year, was the question. And the sess were of opinion and declared he gained a settlement there having had a freehold in the school. BUT BY THE COURT, sente Foster J.) A school master is not an office but on employment; and what interest the pauper had in the sc whether for life, or how otherwise, or how he was ado to or came into this employment, does not appear; the vi the person entitled to the 101. per annum, and not choosi teach the school himself, paid it to this poor man as his de which could not gain a settlement for any person what so the order was quashed. 1 Wilson 87. 2 Strange Burrow's Sett. Cas. 244.

Curate during a

Neither will the executing the office of curate during sequestration. questration gain a settlement. Thus in Helsington v. Tr. 13 Geo. 3, 'the pauper was ordained deacon by the} of Chester, in order to supply the cure of Over durin sequestration; from the 15th day of October aforesaid 15th day of June 1768, he performed divine service as c and resided and did duty in the parish of Acton, by ex with the curate of Acton, but received his salary res from the sequestrators of Over: from the said 15th June 1768 to the first day of October 1769, the resided and did duty as curate at Over, but it did n pear that the pauper had any licence to the cur Acton. The only question was, Whether serving a a parish as a sequestrator, gains a settlement? And it w: tended that this office of curate or sequestrator for thre or till the bishop should release the vicarage from the tration was a public annual office or charge in the within the statute.'-But by lord Mansfield Ch. J. the case had been argued) There is no colour for

ing this as an annual office it is no office at all.”—.. You can't call it an annual office when the sequestration determined at any time. It is not like the annual of: constable, or a tything-man; they are appointed yearly serve for the year. That of parish-clerk is a freehold is upon that foot that a parish clerk gains a tenement. J. and Ashhurst J. concurred. Burrow's Sett. Cas. 3.