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the value of 10%. which he had rented for two years, exercising 'therein the trade of a baker,' his trade declined at Seaford, d he thought he could exercise it with more advantage at Eadbourne: the wife and children thereupon became chargeable, and were removed: the husband acquiesced in every thing which took place with regard to the removal, accompanied them to Eastbourne, and afterwards continued to reside there with them; in support of the two orders two questions were nised, 1st, whether a foreigner can gain a settlement in this country? and if not, 2dly, whether the wife of a foreigner, may not be removed to the place of her maiden settlement; it became wwecessary from the opinion of the court, on the first to conader this question, which seems however sufficiently settled in principle by the cases. BY THE COURT, This man was not an en army, but a German by birth, an alien amy: and as rach, though he may not take a lease of a dwelling house or shop, by reason of the stat. 32 Hen. 8. c. 16, yet he may occapy a tenement of 10%. a year, and carry on his trade there like any other persons: then if he may do so, he has that intert which enables him to gain a settlement, by the provision of the legislature: as to there being no obligation for maintaining poor foreigners before the statutes ascertaining the different ades of acquiring settlement, the law of humanity, which is an Infior to all positive laws, obliges us to afford them relief, to ve them from starving; and those laws were only passed to fix the obligation more certainly, and point out distinctly in what enter it should be borne---Both orders quashed. 4 East's 103.

See also the head Settlement by parentage.*

In p. 12, supra.

II. Removal of the Poor.

1. The statutes.

11. Of parochial certificates and their effect.

lil. Order of removal.

W. Appeal to the sessions.

V. Precedents.

I. The statutes.

By 1 & 14 Car. 2. c. 12, it shall be lawful, upon com. Persons remot made by the churchwardens and overseers of the poorable under 13 parish, to any justice of peace,+ within forty days'

Ang justice of peace] From these words, a single justice has anto sue his warrant, to apprehend the party in order to his

& 14 Car, 2,

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after, any person shall come to settle under the yearly val of ten pounds, for any two justices (1 Quo.) of the divis where any person that is likely to be chargeable to the par 'shall come to inhabit, by their warrant to remove and con 'such person to such parish where he was last legally settled either as a native, householder, sojourner, apprentice, or s vant, for the space of forty days at the least, unless he sufficient security for the discharge of the said parish to allowed by the said justices.' s. 1.

But the stat. 35 Geo. 3. c. 101, after taking notice two justices of the peace (1 Qu.) have authority to remove sons that are likely to become chargeable to any parish, t place of their last legal settlement, states, that many indu ous poor persons chargeable to the parish, township, or p where they live, merely from want of work there, wou any other place, where sufficient employment is to be 'maintain themselves and families without being burdenso any parish, township, or place: and such poor persons a the most part compelled to live in their own parishes,! ships, or places, and are not permitted to inhabit elsev under pretence that they are likely to become chargea the parish, township, or place, into which they go f purpose of getting employment, although the labour q poor persons might, in many instances, be very beuefi such parish, township, or place: and that the remedy i ed to be applied thereto, by the granting of certificates, been found very ineffectual: It is, for remedy thereof, fore enacted by the stat. 35 Geo. 3. c. 101, that so m the said stat. 13 and 14 Car. 2. c. 12. as enables the j to remove any person likely to be chargeable to the township, or place, into which they shall come to inhabi de repealed. s. 1.

And from henceforth no poor person shall be remov virtue of any order of removal, from the parish or place such poor person shall be inhabiting, to the place of t legal settlement, until such persons shall have become a

being examined; but as the matter can only be heard and det by two justices, it is most advisable either to issue the war bring the party before the justice by whom it is granted, and = or (as is now the more usual way), for two justices to iss joint precept in the first instance, for that purpose. Howeve party consents to go before the justices voluntarily, there is a sity of issuing any warrant.

And an order of removal of the wife and children, with the of the husband, to the wife's maiden-settlement, the husband Scotchman, and having gained no settlement of his own is go THE COURT, This is the case of a Scotchman, who has no settler own, and is desirous to give his wife and children the benefit being unable to maintain them, consents that she shall be se parish, to which she herself is willing to go, why should he sent here is neither a private nor a public injury, and there against it. The K. v. Eitham, Ea. 44 Geo. 3. 3 East's Rep.11

chargeable to the parish, township, or place in which he shall then inhabit; in which case, two justices of the peace may remove him, in the same manner, and subject to the same appeal, and with the same powers, as might have been done before this act with respect to persons likely to become chargeable.

4.1.

ed as charge.

be removed.

But every person who shall have been convicted of larceny, Persons conor any other felony, or who by the laws now in being shall be victer of largedeemed a rogue, vagabond, idle, or disorderly person, or who ny, rogues, &c. shall appear to any two justices of the division wherein such to be considerperson shall reside, upon the oath of one witness, to be a per-able, and may son of evil fame, or a reputed thief, such person not being able to give a satisfactory account of himself, or of his way of living, shall be considered as a person actually chargeable within the meaning of this act, to the parish in which such person shall reside, and shall be liable to be removed to his last settlement by order of the said justices, one to be of the quorum of the division where any such person shall reside.

4.5.

Ako every unmarried women with child shall be deemed Unmarried woto be a person actually chargeable, within the meaning of this men with child act, and may be removed to the place of her last legal settlement.

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to be deemed chargeable.

But a single woman, living in service with her master is not removeable against the consent both of herself and master, though adjudged by the order of removal to be with child and therefore deemed chargeable.-This was the case of the K, v, Akeley, Ea. Teri 43 Geo. 3, which was in substance as fol. lows: The pauper was settled at Alveley, and previous to Michaelmus 1801, had hired herself to a person of Dunsby, in the parish of Kinver, for a year; she entered upon her service on the 1st of October following, and continued therein without interruption till the 2d of September 1802, when, she being seven months gone with child, the parish officers of Kinter insisted upon her going before two justices for the purpose of being examined as to the place of her settlement, and accordingly took her away from her service on the evening of that day, and the next morning brought her before the magistrates who made the order of removal: the pauper's master did not consent to her being taken away, but objected to it; as did the pauper herself, who was perfectly able to do her work; and it being harvest time the master could ill spare her: after her examination, she returned to her master's service, and on the following day the parish officers removed her under the order, telling her at the same time that she should return to her master, and the master to the parish officers that he should insist on the pauper's returning and serving out the rest of the year; the pauper accordingly returned to Kinver served out the rest of her year, and received her whole year's wages.-IT WAS CONTENDED that the pauper was removeable under this clause in the stat, of 35 Geo, 3. Lord Kenyon Ch. J. If the order of removal

Justices may suspend the re

persons.

were good it would operate to dissolve the contract, and th
question is, whether the order was properly made? Now there
nothing to shew that the magistrates adjudged her to be chargeable
otherwise than as a consequence of law in their understandin
of the act of parliament: they adjudge that she is with chi
"and is therefore deemed chargeable," yet that must be unde
stood according to the subject matter, or as the act itself e
presses it, "chargeable within the true intent and meaning
"this act :" now was it not the meaning of the act to prevent
removal of persons until actually chargeable, who were bef
removeable, if likely to become so; but not to make pers
removeable, who were not proper objects of removal beforet
act: could it be meant that a person in this situation, sho
be liable to be turned away from her parents, whatever her c
dition in life may be, and however far removed from any
bability of being a charge on the parish? Is there any insta
to be found in the books, before this act, of a woman ut
those circumstances, being a person of substance, and yet de
ed to be removeable? the substance of a person so sitų
repels the idea of her being chargeable; and the act did
mean to make any person removeable, who was not so anț
dently to the passing of the act; the mere circumstance
single woman in the service of another being with child,
not operate as a dissolution of the contract, and make her li
to be removed against the consent both of the master and
self. 3 East's Rep. 563.

And an unmarried woman may be removed to the pla her settlement on account of her being with child under clause, even though she be residing under a certificate from own parish: for the clause seems to have been introduced for very purpose of remedying what was before an apparent defe the poor laws; for before that act passed a certificated son in this situation could not have been removed althoug child when born would be settled in the certificated pari The K. v. Great Yarmouth, Mic, 39 Geo. 3. 8 Ter.

68.

But as poor persons are often removed during the tir 6 their sickness, to the great danger of their lives 3'; it is fo moval of sick medy thereof enacted, that in case any poor person shall brought before any justice of the peace, for the purpo being removed from the place where he or she is inhabi by virtue of any order of removal, and it shall appear to said justices that such poor person is unable to travel, by son of sickness or other infirmity, or that it would be gerous for him or her so to do, the justices making such der of removal, are required and authorised to suspend execution of the same until they are satisfied that it

See the K. v. St. Mary Westport, infra

ately be executed, without danger to any person who is he subject thereof; which suspension of, and subsequent perasion to execute the same, shall be respectively indorsed (1) on the said order of removal, and signed by such justices,

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But no act done by any such poor person continuing to reaide in any parish, township, or place, under the suspension of my such order, shall be effectual, either in the whole or in part, for the purpose of giving him a settlement in the same.

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Also in case any order of removal obtained for the removal my anmarried woman with child shall be suspended for any

The form of such suspension of the order of removal.

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Whereas it appears unto us, F J and S J, esqrs. the justices pitkin mentioned, that the within named PP is at present unble to travel by reason of sickness and great infirmity of body; The said justices do therefore, in pursuance of the statute in behalf made and provided, hereby suspend the execution of

order of removal, and you the churchwardens and ers of the poor of the parish of A are hereby commanded dent from conveying the within named PP from and out wid parish of A to the within mentioned parish of B, you shall make it appear unto us the said justices, that iPP hath recovered from his said illness, and may with donger be conveyed from the said parish of A to the said of B, as is within directed. -Given under

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F. J.

S. J.

our

of the permission to execute the order of removal after a

suspension.

Whereas it duly appears to us, F J and S J, esqrs. the above thin named justices, that the above mentioned P P is My recovered from the sickness and infirmity of body under the lately laboured, and that he may therefore now be yed from the within mentioned parish of A to the within Med parish of B without danger: these are therefore to

and require you the churchwardens and overseers of parish of A forthwith to convey the said P P from and fur said parish of A to the said parish of B, and him to the churchwardens and overseers of the poor there, as exithin directed to do. Given under our hands, this - day of.

F. J.
F. J.

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