Reports of Cases Argued and Determined in the Court of King's Bench

page 20

1. How assessed.

RELATOR. 1. Where a canal passes through seve- See CORPORATION, III.-Quo WARral parishes, and the tonnage dues

RANTO, 2. earned in each vary in amount, the proprietors of the canal must be

RELIEF. rated to the poor of each parish in proportion to the amount of 1. Semble, that relief given to a pauper

within the relieving parish is no tonnage dues actually earned there, and not according to the propor

evidence of his being settled there. tion of the whole amount earned

Rer v. Trowbridge, M. 8 G. 4. 7 along the whole line of the canal. Rex v. Kingsninford, M. 8 G. 4.

REMITTER.

See TRESPASS, 4.
II. By whom paid.

van een See LEASE, 1.-SETTLEMENT,

RENT.
III, Inspection of

See AGREEMENT. 3.-DISTRESS, 1.

ESTATE, 3.- SETTLEMENT, ?5.
See OVERSEERS, 1, 2.

RES INTER ALIOS ACTA.
RECEIPT.
See STAMP, S.

See 173 (a), EVIDENCE, 13.

RESIANCY.
RECOGNIZANCE.
See MISDEMEANOUR, II.

See Costs, 7.

RESTITUTION.
RECORDS.

I. Upon reversal of judgment,
See

175
See Debt, I.
II, Inspection of

ROGUES AND VAGABONDS.
See
276 See

666
RE-ELECTION.

RULE.
Sce CORPORATION, V.

See INFORMATION, 1.--PRACTICE,

14, 15. RE-ENTRY. Sec CONDITION, 1.-LEASE, 4.

SAILING CHARGES,

See INSURANCE, I.
REGISTER.
See CERTIFICATE.

SANDHURST COLLEGE.

See SETTLEMENT, 9.
RELATION.
DW1!.
I. Of entry.

SCHEDULE.
.) 01411,
litre
See Entry, 3.

See INSOLVENT DEBTOR, I.
rom
II. Of judgment.

SCIRE FACIAS.'
See JUDGMENT, 1.

I. Upon judgment.
RELATIONS.

1. To assign breaches under 8 & 9 W.
Sre Costs, 5.

3, c. 11, see 490 (a). 492 (a)

1. Action upon.

1

SCOTLAND.
See PRACTICE, 10.

SEQUESTRATION, 1. Sequestrators take no'estate. 707 2. Cannot accept a surrender. ibid.

SEAMEN'S WAGES. 1. Not directly liable to contribute to general average.

page 165 (6) 2. How indirectly contributory,

166, n.

SESSIONS.
See Justices, 1.-Pauper, 1.

SEAWORTHINESS.

SETTLEMENT.
See Insurance, II.

I. By apprenticeship.
SECONDARY EVIDENCE.

See EVIDENCE, 8.

1. Where an apprentice is bound out See EVIDENCE, 9. 10. 12.

of a parish by his father, but part

of the expense is paid out of the SEDUCTION.

parochial funds, the indenture must See TRESPASS, 1.

be approved by two justices,

" under their hands and seals," SEISIN.

pursuant to 56 G. 3, c. 139, s. 11;

or it will be void ab initio. Rex v. See DisseisiN.-EJECTMENT, 1.

Stoke Damarel, M. 8 G. 4. 458
I. Of adrowson, how alleged.

II. By birth.
See Quare IMPEDIT, I.

See Pauper, 1.-RELIEF.
SELECT VESTRY.

2. The fact of a poor child's being

first found in a particular parish, is See OVERSEERS, 3.

no evidence of his having been born

there. I. By custom.

Rex v. Trowbridge, M. 8 G. 4.

7 1. A select vestry, consisting of an

3. And his being maintained by that indefinite number, may legally

parish for several years, and afterexist by custom. Golding v. Fenn,

wards occasionally relieved by H. 8 & 9 G. 4.

647

them, does not amount to an ad2. Such custom, though it may, per

mission of his being settled there. haps, imply that there must al

ibid. ways be a reasonable number with reference to the circumstances of

III. By estate, the parish, is not abrogated by the 4. The interest of a tenant from year acceptance of, and long acquies- to year, or of the executrix of cence in, a faculty, by which the such tenant, of an estate under Ordinary grants and coufirms a

101. a-year, passes to her husband select vestry, fixes the number at on their marriage by operation of forty-nine, and appoints certain in- law, and he acquires a settlement dividuals, among whom are some by forty days' residence thereon. of the former vestry, to be vestry: Rex v. Ynyscynhaiarn, M. 8 G. 4. ibid.

16 5. The wife of a person who was II. By faculty.

legally settled in A., but was a 3. The ordinary has no power to transported convict, went to B., create a select vestry.

ibid. and resided there upon an estate

men.

page 431

A.

in which she was jointly interested with her sisters, under their mother's marriage settlement:-Held, that she was residing upon her own, and irremovable.

Rex v. Brington, M. 8 G, 4. 6. The expenses of the surrender of

a copyhold estate, paid by the purchaser to his attorney, are not part of the consideration, so as to bring thie purchase within the 9 G. 1, c. 7, s. 5, and entitle the purchaser to a settlement. Rex v. Cottingham, M. 8 G. 4. 469 IV, By hiring and service.

See EVIDENCE, 11.
7. A. asked B. an innkeeper for a

place. B. put A. on as ostler,
saying, that he did not mean him
to have a settlement. No earnest
or wages were given, but A. was
to have what he got as ostler.
lodged and boarded in B.'s house.
A. could have quitted at any time
he pleased, or B. might have
turned him away at any time. A.
served under the above terms more
than a year :-Held, that this was
not a general or yearly biring, and
that no settlement was gained by it.
Rex v. Great Bowden, M. 8 G. 4.

clothes per annum ; ' to give a month's notice if he wished to leave, but to be dismissed (for misconduct) at any time.

The college is exempt from poor rates, and pays no taxes for its servants. The pauper remained a year in the service, boarding and lodging in the college:-Held, that he acquired a settlement in Sandhurst. Rex v. Sandhurst, M. 8 G. 4. 95

Vide infra, 13, 15. 10. A contract of hiring and service

for a year, made on a Sunday, is not within the prohibition in 29 Car. 2, c. 7, s. 1; and due service under it confers a settlement. Rex

v. Whitnash, M. 8 G. 4. 452 11. A. agrees with B. to serve him as

ostler at 2s, a week in the summer, and Is. 6d. a week in the winter:Held, a weekly hiring. Rex.v. Rol

cenden, H.8 & 9 G.4. 689 12. Under a general biring the servant

is bound to serve and the master to employ for a year.

16 13. A hiring for as long as the ser

vant pleases is a hiring at will, and rebuts the presumption of a hiring

ibid. Vide suprd, 9. Infrà, 15. V. By payment of rates.

Vide suprà, 9. 14. A residence of forty days, previous

13 8. A pauper,

under

age,

hired himself by contract to serve on board a ship trading to Newfoundland. While he was so serving and before he attained twenty-one his father acquired a new settle• 'ment. The pauper, after he had | attained twenty-one, returned to

his father's house :-Held, that the pauper was not emancipated when his father acquired the new settlement, and that his settlement shifted with that of his father, Rex v. Lytchett Matravers, M. 8 G. 4.

25 9. The pauper was hired by one of

the superintendents of the Royal Military College at Sandhurst, at 16s. a-week, and two suits of

to the passing of 6 Geo. 4, c. 57, upon a tenement of 101. a year, by a party who has paid parochial rates, will not confer a settlement, unless all the forty days are subsequent to such payment. Rex v. Ringstead, M. 86.4.

448 VI. By renting a tenement. 15. The taking of a tenement at twenty

guineas a year, the rent to be paid weekly, but either party to be at liberty to give three months' notice from any quarter-day, is a yearly biring within 6 G. 4, c. 57. Rer v. Herstmonceur, M. 8 G.4. 426

Vide suprà, 9, 13.

for a year.

SOUTHWARK COURT OF

REQUESTS.
See

16. Under 6 G.4, c. 57, the bona fides .. of the renting relates only to the

contract as between landlord and tenant. Rer v. Kibworth Harcourt,

H. 8 & 9 G. 4. 17. The whole rent need not be paid

by the renter, provided it be actually paid.

ibid.

page 563

page 691

SPRINGING CONSIDERATION.
Sce

710 (a)

SEWERS RATES.

STAGE COACH.
See AGREEMENT, 2.

1. Stage coach proprietors not within

3 Cur. I, c. 1, or 29 Car. 2, c. 7. SHERIFF.

Sandeman v. Bridge, T. 8 G. 4.

457 (a) See Justices, II.-LANDLORD AND 2. An action will therefore' lie for

TENANT, 1.- PRACTICE, 13, 14. neglecting to convey a passenger on 1. A., by signing his initials, executes a Sunday,

ibid. a warrant of attorney, wherein be is misnamed. Judgment is signed,

STAMP. and a fi. fa. issies in the wrong

I. Ad valorem. name. The sheriff seizes, but afterwards abandons the possession in

See ARBITRAMENT, I. consequence of the plaintiff's refusing to indemnify him against a

II, Agreement. claim of property set up by a 1. Where an agreement duly stamped stranger. The sheriff cannot return contains a special clause for refernulla bona. Reeves v. Slater, M. ring disputes to arbitration, and in 8 G. 4.

265 a second agreement between the 2. No action would lie at the suit of said parties, it is stipulated that dis

A. against the sheriff for such putes as to the construction of the seizure.

267, 268 second agreement shall be decided 3. Sheriff bound to ascertain whether by arbitration, according to the

the person whose body or goods he provision of the first agreement, à takes is the party against whom stamp adapted to the number of judgment was given.

268 words actually written in the second

agreement, without counting the

clause referred to, is sufficient. SHIP.

Attwood v, Small, M. 8 G. 4. 246

2. “ I have in my hands three bills See INSURANCE, 1, 2.STRANDING, 1.

wbich amount to 1201., which I 1. In trover for a ship with “ the ap- have to get discounted, or return

parel and appurtenances thereto be- on demand," requires no stamp. longing," the plaintiff cannot set up Mullett y. Hutchison, H. 8 & 9 Ĝ. a distinct title to a new boat and 4.

522 cordage. Shannon v. Owen, M. 8 3. Nor an acknowledgenient by an atG. 4.

392 torney of the receipt of deeds. 526 4. Nor an I O U.

706

III. Bills and Notes.
SOLDIER.

5. Where money is advanced upon a Sce EvideNCE, 12,-MUTINY Act, 1. note purporting to bear interest at

Buku

Reports of Cases Argued and Determined in the Court of King's ..., Volume 1