CHAP. XXVII. By whom a Settlement may be acquired. THE The provisions in the first of these acts have been con- 54 G.3. c.171. sidered under those modes of acquiring settlements upon which they particularly attach (1); and with reference to the last, it seems sufficient to observe that, by s.11., every house and building purchased or hired under the authority of that act (2) shall, in all questions relative to the settlement of persons born or lodged therein, be deemed and taken to be part of the parish in behalf of which the same shall be purchased or hired, and by which the same shall be used as a poorhouse or workhouse. With regard to the personal incapacity to acquire a 13&14 C.2. settlement, arising under the 13& 14 Car.II. c.12., it c.12. seems confined within a very limited compass. It has been already shown that a wife cannot acquire a Who may acsettlement by any act of her own during her husband's quire settlelife-time; but she may retain her maiden settlement under 1. A wife." particular circumstances. (3) ments. It is said, that a child cannot acquire a settlement while 2. Child under under the of age seven years. (4) (1) Ante, Vol. I. (2) Vide Sect. 8, 9, 10. 14, 15, 16, 17, 18. (5) Ante, Vol. I. chap. xvii. (4) See Burn's Just. tit. Settlement. Rex v. Saxmundham, 1 Bott, 22. Pl. 40. But quære whether an infant of these years labours under a disability of gaining a settlement in all cases? See Rex v. Hasfield, Burr. S.C. 147. ante. Rex v. Houghton Le Spring, ante, 69. (4) seven. All natural born subjects may. A prisoner within the rules. Alien. Incapacity as to freeholds. As to leaseholds. But with these exceptions, a settlement may be acquired by all the natural subjects of the king, born in any part of his dominions annexed to the crown of England. (1) A prisoner in custody of the warden of the Fleet was held to acquire a settlement, by renting and residing upon a tenement of the annual value of 10l., situate within the rules of that prison. (2) A subject of any country at peace with the crown of England, or, as he is called in law-language, an alien amy, may likewise acquire a settlement by occupying a tenement of the value of 10l. a year. (3) If it be necessary that an alien should have a permanent interest in lands or tenements situated within the realm, he cannot acquire a settlement by estate, except in a few instances. He cannot take a freehold estate in lands or tenements, either by descent or purchase. (4) A woman alien cannot be endowed, unless she marries by the king's licence. (5) Neither can an alien husband be tenant by the courtesy. (6) So likewise a foreigner is in most instances prohibited from acquiring a leasehold interest. He cannot hold a lease for years of meadows, pastures, or the like. (7) But an alien merchant may rent a house, which it seems is more than any other foreigner can. (8) And 32 H.VIII. c. 16. makes leases of dwelling-houses or shops granted to any stranger artificer, void (9); a foreigner, however, (1) See the opinion of Lawrence J., Rex v. Eastbourne, 4 East, 103. (2) St. Margaret's, Westminster, v. St. Martin's, Ludgate, 2 Str. 924. But see 54 Geo. III. c. 170, s.2.4. (9) See Pilkington v. Peach, 2 Show. 135. Hargr. Co. Lit. 2. n. 7. 1 Woodes. Lect. 373. Rex v. Eastbourne, supra, (1). But if a sta may hold a term, either as executor (1), or administrator. (2) The capacity to take a freehold or other interest in real How they may acquire it. property is given either by letters of denization, or by act of parliament, to naturalise the party. But as the capacity or incapacity of an alien to acquire a settlement by estate seems to rest on the same principle as that of a person attainted of treason or felony before he is restored in blood; the competency of both seems supported to this extent, by the authority of a recent decision in the Court of King's Bench, viz. that an attainted felon discharged under the sign manual, acquired a settlement for himself and his unemancipated child, by purchasing a copyhold for more than 30l., upon surrender formally made, and upon which he had subsequently resided, and received the issues and profits for nine years. (3) tute like this is to be construed with literal strictness, there are cases of leasehold estates to which it does not extend, as it only includes houses and dwellings leased to artificers. Merchants and other foreigners may, therefore, take a lease, as indeed an artificer may do of messuages not necessary to carry on his trade, such as stables, coach-houses, and other convenient houses, to put his necessary goods in. See Jevens v. Harridge, 1 Saund. 6. Nay, an artificer may become entitled to a leasehold interest in houses and dwellings, by means, not within the words of the act, as by marriage or devise; he may also hold without lease. Pilkington v. Peach, 2 Show. 135. (1) Upwell's Caroon's case, Cro. Car. 9. See also Woodes. Lect. 377. (2) See Caroon's case, supra, (1). (3) Rex v. Haddenham, 15 East, 463. It was contended against the settlement, 1. That in order to gain a settlement on a man's own property, he must have some estate or interest vested in him. Rex v. Widworthy, Burr. S. C. 109. Rex v. Cold Ashton, Ib. 450. Rex v. Painswick, Ibid. 783. Rex v. North Curry, Cald. 137. and Rex v. Chew Magna, Ibid. 365. 2. That the sign manual, with the letter of the Secretary of State, did not restore the capacity of an attainted person, Gulley's case, 1 Leach, Cr. Cas. 115. Fort. Cr. Law, 62. 1 Black. Rep. 479. 3. That an attainted person cannot hold freehold, much less copyhold property. Co. Lit. 2. 6. Dyer, 2. b. Treby's note in marg. The King v. Wendman, Cro. Jac. 81. Duke of York v. Marsham, Hardr. 432. 7. Benison v. Strode, T. Jones, 189. Pollexf. 615. and the doubt expressed by Lord 35 Geo.III. c.101. s.4. By 35 Geo.III. c.101. s.4. no act done by any poor person continuing to reside in any parish, township, or place, under the suspension of an order for their removal, or of a vagrant pass for passing them, shall be effectual, either in the whole or in part, for the purpose of giving him or her a settlement in the same. (1) Kenyon, in the case of Rex v. St. Mary in Cardigan, 6 Term Rep. 117. was relied upon as of great weight in favour of the objection. Sed per Lord Ellenborough C. J. " It was only said by Lord Kenyon, that whe"ther the man could acquire a settlement after the attainder, was "another question from that which he was then called upon to decide; "and so it was: but this was only declining to decide a larger question "than he was then called upon to do. The point raised is of some "doubt, and of more general importance than usually arises on settle"ment cases. In the form of it, a purchase was made, which satisfies "the terms of the statute 9 Geo.I. c.7. s. 5. that no person shall acquire "any settlement in any parish, for or by virtue of any purchase of any "estate or interest in such parish, whereof the consideration for part purchase doth not amount to 30l. bonâ fide paid, for any longer time "than such person shall inhabit in such estate, &c. Now this was in its "form a purchase for more than 50%., and he resided on it for more than forty days, and he has not been removed from it. Who then was in a "condition to remove him for the forty days? The lord, who has, by "admitting, accepted him for his tenant, even if he could after that ad"mission object to him, has not objected. If the lord had no notice of "the objection at the time of the admission, I do not mean to say that " he was afterwards precluded from making the objection; but he has not, in fact, objected; and the tenant has now continued for nine years in possession, and by the statute of limitations, part of the rents, "issues, and profits can no longer be recovered from him. So that if he "had a defeasible estate for the first forty days, he has held the estate "undefeated for more than that period, which cannot now be in"peached. And whether or not the Crown could have impeached his "title, he has now held the estate under a title not defeased for above "forty days." The other Judges assented.-Order confirmed. (1) Quære, if a woman should marry an inhabitant settled in the parish, or an estate should come to a person so residing, by act of law, are they prevented from acquiring settlements by reason of this clause; or are they excepted from its operation as not being " acts done by the "poor person ?" CHAP. XXVIII. Of the several Situations in which Persons are irremovable. c.12. THE 13& 14 Car. II. c. 12. enabled parish officers to 13 & 14 Car.2. remove all persons not settled in their parish, and endeavouring to settle themselves, and likely to become chargeable there, to the place of their last legal settlement. (1) Besides the exceptions expressly made in the statute, some peculiar cases were considered, as not being within its policy or purview, so as to render persons in such situations removable under the act. The humanity of the legislature had introduced several subsequent exemptions from the general law, by rendering persons irremovable until they became an actual charge to their place of residence, of which the principal were those created by laws which respect certificates. But finally, in the same anxious spirit to alleviate the misfortunes of the poor, an act was passed, 35 Geo.III. c. 101., by which all persons are rendered irremovable until actually chargeable to the place they inhabit, except under special circumstances, which will be noticed more particularly in considering the provisions of that statute. Prior to treating of the law of removals to the place of settlement, it seems proper to consider, as preliminary thereto, 1. What persons are irremovable under 13 & 14 Car.II., although actually chargeable to the place they inhabit. 2. The laws respecting certificates. 3. The effect and operation of 35 Geo.III. c.101. upon this particular subject. (1) Ante, Vol. I. chap. xv. |