Parish settlements and the practice of appeals ... / Jellinger C. Symons.

  • Jelinger Cookson Symons
Date:
1846
Catalogue details

Licence: Public Domain Mark

Credit: Parish settlements and the practice of appeals ... / Jellinger C. Symons. Source: Wellcome Collection.

    367/377 page 316
    Section XXII.—Evidence of Tenement Settlement. The evidence required to support this settlement is in itself simple and easily attained. It will of course vary slightly with the law of the period at which the tenement was taken. The personal capacity of the tenant need not be proved; and it will be sufficient to state in evidence those facts which show a tenement of the requisite value, &c., to have been hired for the requisite period, and, under the cir¬ cumstances, conferring a settlement at the time in question, without negativing those facts which would vitiate the settle¬ ment if they existed, and which it is for the appellant parish to set up, if it can do so, when it will be time for the re¬ removing parish to rebut them. The respondents need not anticipate objections, but must nevertheless establish apriind facie case, by proving the elements of the settlement. A few brief remarks wTill suffice to show, under the same division of the matter as previously used, what evidence is necessary. 1. The tenement. — It must be distinctly stated by the pauper, or any person cognizant of the fact, that the tene¬ ment was one of the descriptions stated in the last section. Where it was a house or land, it will be easily stated as such; but where it consisted of agistment or dairy, it must be ex¬ pressly shown that the animals agisted were fed with the produce of the particular land which is to confer the settle¬ ment. It is necessary to be very cautious in wording this accurately and fully. When the appellants stated that the pauper, in 1812, “ rented and occupied a tenement con¬ sisting of the feed and keep of a cow of which he was the owner, by and on the land and premises of J. Haigh, for one whole year,” &c. it was held that this w^as not suffi¬ cient, for the natural construction of the words was that the cow was to be kept and fed by Haigh on his premises, so that she might be fed with the produce of other land than that which gave the settlement (/J). An accurate and full (f) jReg. v. Cumberworth-Half, 5 Q. B. 484.
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