xxviii

TREATISE

ON THE

LAWS OF THE POOR,

&c. &c. &c.

CHAPTER XXIII.

Of Settlement upon a Tenement of ten Pounds a Year Value.

SECT. I.

Division of the Subject.

c. 12.

PRIOR to 59 Geo. III. c. 50. (1) this kind of settlement Statute 13 & depended altogether upon 13 & 14 Car. II. which confines 14 Car. II. the power of removal to cases where persons come to settle in any tenement, under the yearly value of ten pounds." (2)

66

(1) This act has made considerable alterations in this head of settlement law, but as it is only prospective in its operation, and is for some reason or other, at least in terms, confined to England; the consideration of the law as it stood before that statute passed, cannot be omitted in a treatise like this. The law is therefore in general stated as it was apprehended to be anterior to that act. The limitations introduced by it, and the construction it has judicially received, will be distinctly noticed.

(2) See chap. xvi. vol. i. This species of settlement, as also that by estate, are rather cases excepted out of this statute than regulated by it.

Expositions of the word.

Extends,

1. To freeholds.

The act speaks of the annual value, without mention of the inhabitant's estate or interest, and at first view seems to require, that all tenements to prevent the occupier's removal should be of the yearly value of ten pounds, without reference to the nature or manner of acquiring the estate, whether freehold, copyhold, leasehold, or a minor interest.

The judges entertained originally some doubt, whether this was not the true construction (1). It has, however, been long settled, that where the inhabitant has a free2. Copyhold. hold (2) or copyhold (3) interest, the yearly value of the tenement is immaterial. (4)

3. Leaseholds.

And it is so likewise, where a leasehold interest devolves upon the party by the operation of law (5). The rule extends to leaseholds, purchased for a valuable consideration, For it is laid down by Lord Chief Justice Lee, that "before 9 G. I. c. 7. every body that came into a parish, and made any purchase whatever, was irremoveable (6)." It is likewise observed by Mr. Justice Dennison, that in Mursley v. Grandborough, it was holden by Lord Chief Justice Pratt, Mr. Justice Eyre, and Mr. Justice Fortes

(1) Rex v. Stanmore, Skin. 268.

(2) See cases cited, vol. i. p. 254. post, chap. xxiv.

(3) Harrow v. Edgeware, fol. 237. Rex v. Burcleer, 1 Str. 163., where the pauper was certificated.

(4) As to the effect of 9 G. I. c. 7. s. 6. upon the value of estates acquired by purchase, see post, chap. xxiv.

(5) Mursley v. Grandborough, 1 Str. 97. Burcleer v. Eastwoodhay, supra (3), and the cases cited post, chap. xxiv. These cases seem excepted from 15 & 14 Car. II. not only because the preamble of the statute refers only to persons in a state of vagrancy, which such inhabitants are not, but also, because the words "coming to settle," are used in the enacting part, which seems to imply, that it must be the party's voluntary act, with the intention of settling himself. See the opinion of the judges; and particularly Lee J., Rex v. Sundrish, Burr. S.'C. 7. Rex v. Tedford, Ib. 57.; of Aston J., Rex v. Uttoxeter, Burr. S. C. 538.; of Grose J., Rex. v. Stone, 6 Term Rep. 295.

(6) Rex v. Standsfield, Burr. S. C. 210.; case of certificated person; and see Rex v. St. Mary's, Whitechapel. Ib. 55.

upon

it as

cue, "that any person who has an estate of freehold,
copyhold, or for years, by act of law, (as descent, marriage,
executor, administrator,) or purchase, may dwell
his own, and is not removable, if he continues forty days;
though under 10l. per annum.: but he must abide forty
days in order to gain a settlement. And notice is not ne-
cessary, because he is not removable from it. But Powys
held contra, as to a term for years, under 10l. per annum
value." (1)

And in a very recent case, Mr. Justice Lawrence remarks, that the justice's power to remove is founded on 13 & 14 Car. II. c. 12., which extends to any person who shall come to settle in any tenement under the yearly value of 101.; and these words never having been deemed to relate to persons living on their own estates, whether acquired by purchase or otherwise, or at whatever value; it followed, that every person residing irremovably for forty days in that parish where his own property was, gained a settlement. (2)

There are two kinds of estates, therefore, in which the Annual value, annual value of the tenement is immaterial.

1st, Freehold, or copyhold.

2nd, Leasehold interests, "which devolve upon the party by operation of law (3)," or are acquired by purchase. (4)

when immate rial.

The present species of settlement arises from the pos- This settlesession of a tenement of the annual value of 107. when ment extends

(1) Rex v. West Shefford, Burr. S. C. 310.; and a note by Sir James Burrow, confirming the accuracy of Mr. J. Dennison's note.

(2) Rex v. Martley, 5 East, 44.

(3) See the opinion of Lord Kenyon C.J., Rex v. Stone, ante, 2. (5). (4) Semb. Rex v. Standsfield, ante, 2. (6). As to the meaning of the word purchase, see post, chap. xxiv. But see the opinion of Lord Ellenborough C.J., Rex v. Bowness, 4 M. & S. 210. and post, 5. (3).