another master was going to him, and being
met by his original master, and asked
where he was going, answered that he was
going to U., to which the master replied,
"he might go there or where he pleased;"
held this was not such a particular assent
of the original master to the service with
U. as would enable the apprentice thereby
to gain a settlement, though the indentures
were not delivered up or cancelled. R. v.
the Inhabitants of Crediton, M. 41 G.3.44
2 An apprentice offered his master a guinea
"to let him off," to which the master
agreed, and was also to give him a suit of
clothes when the guinea was paid, but the
indentures were not delivered up or can-
cell ed. The guinea not being paid, the in-
dentures still subsisted in law, and a set-
tlement may be gained by serving another
master with the consent of the first. The
sessions ought properly to find the fact of
such consent, and not merely evidence of it:
but having found that on application by the
apprentice to his original master for leave
to serve one B. (who would not take him
without) the master said he might go
"with all his heart, "and that it would be
"a good thing for him to learn the trade :"
this was holden sufficient evidence to war-
rant the conclusion of the sessions, that the
original master had consented to the par-
ticular service. R. v. The Inhabitants of
Shebbear, M. 41 G. 3.

51

3 The pauper, an apprentice, being about to
marry, told his master that he wished to
provide and work for himself, to which the
master consented, and said he might do
the best he could for himself; but nothing
was said about the indentures, and they
were not in fact delivered up or cancelled;
the pauper afterwards engaged to work
with another master, who told the original
master that he had got the pauper at work,
to which the original master answered, “I
"am glad of it, he was a bad lad, and I
"could make nothing of him :" held this
was not such a consent to the particular
service as would confer a settlement in the
parish where the pauper then lived with
the second master. R. v. The Inhabitants
of St. Helen Stonegate, H. 41 G. 3. 146
4 A contract under seal, and stamped, to
serve another for three years, at so much
per week, the master agreeing to learn the
other a trade, and the latter agreeing, if he
lost any time to the prejudice of his mas-
ter, to abate so much per day, constitutes
an apprenticeship. And at any rate the
pauper having served under it for more
than a year gained a settlement either as
an apprentice; or as a hired servant. Rex
v. The Inhabitants of Rainham, T. 41 G.
3.
260

5 A master stipulating for 4d. out of every 1s.
of the earnings of his apprentice is no ben-
efit to him within the stat. of Anne, for
which an additional duty is to be paid, be-
ing by law entitled to the whole. R. v.

A certificate directed to the parish of A.
or any other in C. will operate upon deliv-
ery to the parish of B. which is also in C.
By the stat. 8 & 9 Will. 3. c. 30, a certifi-
cate need not be directed to any particular
parish. R. v. Lillington, E. 41 G. 3. 217
2 An appointment of one overseer alone for a
township is bad in law; the stat. 13 & 14
Car. 2. c 12, requiring at least two; and a
certificate granted by such overseer is void,
and gives no security to the certificated
parish against the gaining of a settlement
there by the party named therein; such
certificate not being made pursuant to the
statute 8 & 9 W. 3. c. 30, which requires
it to be made by the churchwardens and
"overseers, or the major part, or by the
"overseers, where there are no churchwar-
"dens." R. v. The Inhabitants of Clif-
ton, H. 42 G. 3.

3

1

2

3

411

A cottage leased for 99 years, determina-
ble on lives, purchased by the pauper's
wife before marriage, was in the lifetime of
her first husband conveyed by them to a
trustee in trust that he should by sale or
mortgage raise 102. (for the benefit of the
parish by whom the family had been be-
fore relieved to that amount), interest and
charges, and after payment of the same, in
trust to re-assign the premises. The par-
ties always continued in possession; and it
did not appear whether the money were
ever paid, or what was the value of the cot-
tage. Held that on the death of the first
husband, the pauper who married the wid-
ow gained a settlement by residing forty
days in the cottage, of which she had re-
tained the possession. R. v. The Inhabit-
ants of Edington, H. 41 G. 3.
While the pauper resided in the parish of
B. a freehold estate descended to his wife
and her sisters, as coparceners in the same
parish; and in a month after the pauper

148

and his wife contracted to sell their share,
but the conveyance was not actually exe-
cuted for more than forty days after their
title accrued; held that the pauper was
thereby settted in B., although the estate
during all the time was in the occupation of
another. R. v. The Inhabitants of Dor-
stone, H. 41 G. 3.
152

SETTLEMENT BY HIRING AND SER-
VICE.

291

1 A. clubbed with B. (which signifies serv-
ing another for the purpose of learning
a trade) for three years, at a certain rate
of weekly wages, with a proviso that if he
were prevented from working by bad
weather, illness, or want of employment,
there should be a proportionable deduc-
tion of wages, held that A. gained a set-
tlement by serving a fear under this hiring,
though occasional deductions on these ac-
counts were made. R. v. The Inhabitants
of Martham, H. 41 G. 3.
126
2 A pensioner of the East India Company,
hiring himself as a servant for a year, with
a reservation to himself of two days in each
half year, when he might go for his pension,
cannot gain a settlement by service under
such a contract. R. v. The Inhabitants
of Over, T. 41 G. 3.
3 A service under a hiring by the week (the
servant boarding and lodging himself),
nothing being said about Sunday, but the
servant working on that day occasionally,
when asked by his master, without addi-
tional wages, though he sometimes receiv-
ed victuals, may be joined with service un-
der a yearly hiring as a menial servant, so
as to confer a settlement by hiring and ser-
vice for a year. R. v. The Inhabitants of
Sutton, T. 41 G. 3.
4 Where a pauper agreed with a weaver to
serve him for a year and a half, and the mas-
ter was to teach him to weave, and the pau-
per was to have half his earnings, and find
himself in every thing; under which con-
tract the pauper served his master for
above a year: held that he thereby gained
a settlement as by hiring and service; it
being the apparent intention of the parties
to create the relation of master and ser-
vant, and not that of master and apprentice.
R. v. The Inhabitants of Eccleston, E. 42
G. 3.
469

317

5 A servant hired for a year departed from his
master some short time before the end of
the year, on ill usage, but received his
whole year's wages, and something over:
held, that he thereby gained no settlement,
he having refused to serve out the year
when required by his master. R. v. The
Inhabitants of Corsham, E. 42 G. 3. 303
6 A hiring at so much a week, meat, drink,
washing, and lodging, and to part on a
week's notice by either party, will not war-
rant a conclusion of a general hiring;
though the servant continued six years with
the master, and the wages were raised dur-
ing the period and therefore no settle-

1

2

1

2

3

1

2

A settlement by being rated and paying
rates cannot be proved by evidence of pay-
ing only, without the production of the
rate, or accounting reasonably for the non-
production of it; although the payer was
both owner and occupier of the estate for
which he paid the rate. R. v. The Inhab-
itants of Coppul, M. 42 G. 3.
An exciseman who was rated for his salary,
which was in fact paid by the collector,
without any deduction from the salary,
does not thereby gain a settlement. R. v.
The Inhabitants of Weobly, M. 42 G. 3.
365

345

A person cannot gain a settlement by hiring
and service with the son of a certificated
man, continuing to reside in the certificated
parish with the mother after his father's
death, as part of her family; though the
son were of age and carrying on business for
himself; such circumstances not amounting
to an emancipation. R. v. The Inhabit-
ants of Sowerby, E. 42 G. 3.
460

SETTLEMENT, by taking a Tenement
of 101. a-year.

1 The renting by a needle-maker of certain
runners in another's mill, together with a
packeting-room, of all which he had the

exclusive use (a runner being a piece of
machinery for scouring needles screwed
down to the floor of the mill), the whole
being of the annual value of above 10l. in-
cluding the separate value of the runners,
is not the taking of a tenement, whereby a
settlement can be gained. R. v. The In-
habitants of Tardebigg, T. 41 G. 3 258
2 The occupation of a cottage for 40 days,
by the leave of the former tenant, who
then went out, under an agreement with
him to pay the same rent to the landlord
which he had before done, but without any
authority from the landlord (the cottage,
together with other premises occupied at
the same time being 101. a year and up-
wards), was holden to give the occupier a
settlement. R. The Inhabitants of Ald-
borough, T. 41 G. 3.

261

A contract for a a standing place in ano-
ther's mill for a carding machine, (the par-
ty's own property,) which was fastened to
the floor and the roof, for the purpose of
being worked by the steam engine of the
mill; for which the party was to give 201.
a year, with liberty to quit on giving three
months notice, is not a taking of a tene-
ment, but a mere licence to use the ma-
chinery of the mill; and therefore no set-
tlement can be derived under it. R. v.
2 The Inhabitants of Mellor, H 42 G. 3. 420
Renting a dairy (including the cows and
their pasture) at above 101. a year in value,
will not confer a settlement, if the annual
value of the lands on which the cows were
to be depastured were under 101. R. v.
The Inhabitants of Menworth, H. 42 G. 3.

SHAM PLEA.
See PRACTICE, No. 7.

SHERIFF.

425

After a party arrested on civil process has
been discharged, on giving a bail bond to
the Sheriff for his appearance at the return
of the writ, it is optional in the Sheriff
whether he will accept the surrender of the
party in discharge of the bail bond before
the return of the writ; and therefore,
though notice of such surrender were given
to the Sheriff, and the gaoler in whose cus-
tody the party then was at the suit of ano-
ther; after which the gaoler let the party
out of custody; yet held that the gaoler
was not liable upon his bond of indemnity
to the Sheriff, as for an escape in the former
suit; for the party was not legally in the
custody of the Sheriff or his gaoler, merely
by virtue of such notice of surrender.
Hamilton v. Wilson, E. 41 G. 3.

192

SHERIFF'S POUNDAGE.
The court directed the sheriff to refund his
poundage, which he had retained out of
money levied upon an attachment for non-
payment of money; there being no prac-
tice to warrant it; and referred him to his
action, if he were supposed to have a right

If a trader become a bankrupt between the
time of executing a bill of sale of a ship at
sea to the defendant, and the time of the
defendant's complying with the requisites
of the registry acts of the 26 G. 3. c. 60.
and 34 G, 3. c. 68. s. 16.; though such re-
quisites were completed after the act of
bankruptcy, and before the action brought,
the property does not pass; but the assign-
ees of the bankrupt may recover the pos-
session of such ship in trover. Moss v.
Charnock, E. 42 G. 3.

SLANDER.

516

1 In a justification of slander, that the defen-
dant named the original author of it at the
time, it is not sufficient to allege that the
original slanderer used such and such
words or to that effect; although in the li-
bel declared on, the defendant stated that
another had spoken the same slanderous
words of the plaintiff, or words to that
effect; but the defendant must give the very
words used, though it be only necessary to
prove some material part of them. Mait-
land v. Golden, T. 42 G. 3.

2

528

Qu. Whether a defendant can, by naming
the original author, justify the publishing in
writing slanderous words spoken by such
other; especially after knowing that they
were unfounded.
ib.

SOLDIER.

writing of goods and cash furnished to the
defendant from time to time, each page of
which was authenticated by the defendant's
acknowledgment in writing of the receipt of
the contents; though such acknowledg-
ment in writing cannot be given in evidence
per se, in respect to the cash items, amount-
ing to above 40s. in each page, for want of
a receipt stamp, yet it is competent to the
plaintiff to prove, that upon calling over
each article to the defendant, he admitted
that he had received the same and the
witness may refresh his memory by refer-
ring to the account. Jacob v. Lindsay,
E. 41 G. 3.
4 An indorsement on an annuity deed, con-
taining a clause of redemption, if made
subsequent to the execution of it, must be
stamped, otherwise it cannot be received
in evidence. Schumann v. Weatherhead,
T. 41 G. 3.

227

263

STATUTE.
By s. 1. of stat. 39 & 40 G. 3, c. 104, the
jurisdiction of the Court of requests in
London is enlarged from debts of 40s. to
51. from the 30th September 1800; and by
s. 12., if any action shall be commenced in
any other court to recover any debt not ex-
ceeding 51. within the jurisdiction, the
plaintiff shall not recover any costs, &c.
held that the words " shall be commenced"
must by necessary construction be restrain-
ed to the date of the 30th September, and
not to the passing of the act, which was on
the 9th of July preceding.
Evans, M. 42 G. 3.

473

13. st. 2. c. 1. Sacrament.
13. & 14. c. 11. Trade. Customs.
22 & 23. c. Game Qualification.
29. c. 3. s. 17. Stat. of Frauds
12. c. 23. (Excise jurisdiction)
13. st. 2 c. 2. (Bailable process)
13. & 14. c. 4. s. 19. (Lecturer's licence)
508

505

13. & 14. c. 12. (Overseers of poor) 411
15. c. 11. (Excise jurisdiction)
22 & 23. c. 9. s. 136. (Damages, &c.)
407-8

William and Mary, and William.
3. c. 11. Settlement.

56
3. & 4. c. 9. Receivers of Stolen Goods. 158
4. & 5. c. 18. Quo Warranto.
5. & 6. c. 11. Certiorari.
7. & 8. c. 7. False Return.

36
154-156
275-276

8. & 9. c. 30. Settlement. Certificate 217
c. 33. Certiorari.
9. & 10. c. 15. Award.

154
142

1. c. 54. s. 13. (Excise jurisdiction) 499
3. c. 11. (Settlement by office) 363. 339
7. & 8. c. 30. s. 24. (Excise jurisdiction)

Whitborn v.

10. c. 15. Bankrupt.

396

158

292

181

70.272

292

30

595

461-462

12. c. 14. s. 4. (Game penalty)
12. st. 1. c. 18. Certificate, settlement)

12. st. 2. c. 12. (Curates' stipend) 363

George I.

339

1. st. 2. c. 5. s. 6. Riot Act. Hundred 298.

308