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Dalton's The Country Justice, 1690
Volume 153, Page 164   View pdf image (33K)
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164
Poor.

' Parish where she was begotten with Child, or in the Parish where she
' was last setled?

Chap. 73.
    ' Resol.  The place where such a Woman was lawfully setled,
' is the direction in this case, not where she was begotten with
' Child.
A Woman
gotten with

Child, the
Master to

provide for
her till her
delivery.
    ' Qu.  If a Woman servant, unmarried, be begotten with Child, and then
' goeth out of her Masters service, before or after it is discovered that she
' is with Child, and the Reputed father be run away, or is not able to
' free the Parish:  Whether the Master may be inforced to provide for her
' till she be delivered, and for a month after?
    ' Resol.  If the Master hath legally discharged his house of such a servant,
' he is no more bound to provide for her than for any other.
Tenant in
ancient Demesn.
    ' 14.  Qu.  In case a Parish consist part of ancient Demesn, and part of
' Guildable, an Assess is made for the relief of the Maimed Soldiers, the
' gaol, &c. according to the Statute of 24 El. cap. 2.  Whether the Tenants
' in ancient Demesn shall contribute with the Guildable for the payment
' of the Assize?
24 El. c. 2.
    ' Resol.  The Statute doth not distinguish between the ancient Demesn
' and the Guildable in these cases, Ubi Lex non Distinguit, ibi nec nos distinguimus.
Indictment
of Forcible
Entry removed
by
Certiorari.
    ' 15.  Qu.  Whether an Indictment of Forcible Detainer be within the
' Statute of 1 Jac. cap. 5. and not to be removed by Certiorari, unless the
' Party indicted first find Sureties according to the Statute; and whether the
' Party indicted be bound in his absence to prosecute, according to
' that Statute; and whether an Indictment of Forcible Entry, &c. found
' at a private Sessions, be to be removed by Certiorari without Sureties,
' according to that Statute?
1 Jac. c. 7.
    ' Resol.  This is fittest to be left unto the Court of Kings Bench, to
' whose Commission and Jurisdiction this is most proper.
Driving
Cattle on
the Sabbath.
    ' 16.  Qu.  If one be convicted upon the Statute of 3 Car. cap. 13. for
' driving of Cattle on the Sunday throughout several parishes; whether
' he shall forfeit 20 s. to every of the said Parishes, or only to one; if to
' one, then to which of them?
3 Car. 2. 13.
    ' Resol.  This Statute giveth the Forfeiture but of one 20 s. for one
' Sabbath day, although the driving of that day be through divers Parishes.
' Therefore where the Action is first attached, and the distress first
' taken, that parish shall have the benefit of the Forfeiture, and not the
' other.
Persons able
not putting
themselves
to service
after warning.
    ' 17.  Qu.  If one who is under the age of thirty years, and brought up
' in Husbandry, or a Maid servant, or brought up in any of the Arts and
' Trades mentioned in the Statute of 5 Eliz. cap. 4. and not inabled according
' to that Statute, to live at his or her own hand, shall be warned
' by two Justices of Peace to put him or her self in service, by a day
' prescribed by them, and shall not do the same accordingly, but shall after
' continue living at his or her own hand; what course shall be taken with
' such a person, and how punished?
5 El. c. 4.
    ' Resol.  Such persons being out of service, and not having visible means
' of their own, to maintain themselves without their labor, and refusing
' to serve as an hired servant by the year, may be bound over to the next
' Sessions or Assizes, and to be of the Good Behaviour in the mean time,
' or may be sent to the House of Correction.
Taxes for
the Poor,
now to be
made according
to
the Statute.
    ' 18.  Qu.  Whether the Tax for the Relief of the Poor upon the Statute
' of 43 El. shall be made by ability, or occupation of Lands, or both; and
' whether the visible ability in the Parish where he lives, or general ability
43 El. c. 2.


 
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Dalton's The Country Justice, 1690
Volume 153, Page 164   View pdf image (33K)
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