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Poor.
' And the Parish where the Child is born shall not be forced to contribute
' to the charge, as long as the Mother lives, and the Child be under
seven
' years old. |
Chap. 73. |
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' 24. Qu. A man with his Wife
and Children, takes an house in one
' Parish for a year, and before the end of his term is unlawfully put
out
' of possession, and after takes part of an house as an Inmate in another
' Parish, from whence he is also put out, and then not being able to
get any
' dwelling, they come to lie in a Barn in a third Parish, where the
Husband
' falleth sick, and the Wife is delivered of another Child, Where ought
these
' to be setled? |
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Illegal unsettlement
not to be
allowed. |
' Resol. If a Man or Woman having house
or habitation in one Parish,
' be thrust out; this is an illegal unsetling, which the Law forbiddeth,
for
' none must be inforced to turn Vagrant, and such one must be returned
to
' the place where he or she was lawfully setled, and the Child also
' born in the time of his Distraction. |
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Apprentice
put out into
another Parish,
where
the Master
dies. |
' 25. Qu. Whether an Apprentice
put out by the Churchwardens, &c.
' according to the Statute to a Master in another Parish, if his Master
' die and leave no Executor or Administrator fit to keep an Apprentice,
' or able to place him: He shall be provided for in the Parish where
he was
' Apprentice, or shall be sent back to the Parish from whence he was put
out? |
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' Resol. Servants and Apprentices are
by Law setled in that Parish, and
' if they become impotent there, the Parish must abide the adventure,
after
' their term or time of service be lawfully ended. |
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What is accounted
a
lawful settlement. |
' 26. Qu. What is accounted a
lawful setling in a Parish, and what
not? |
|
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' Resol. This is too general a question,
to receive a perfect answer to
' every particular case which may happen: But generally this
is to be observed,
' that the Law unsetleth none who are lawfully setled, nor permits
' it to be done by a practice or compulsion; and every one who is setled
' as a Native Housholder, Sojourner, an Apprentice or Servant for a
month
' at the least, without a just complaint made to remove him or her, shall
' be held to be setled. |
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A Rogue
misconfessing
the
place of his
Birth or
Habitation. |
' 27. Qu. A Rogue is taken at
C. and will not confess the place of his
' Birth; neither doth it appear otherwise, but that he confesseth the
last
' place of his habitation to be at S. Hereupon he is whipped,
and sent to S.
' at his coming to S. the place of his birth is there known
to be at W.
' and thereupon the Rogue confesseth it to be so, whether he might
' without any new vagrancy be sent to W. ? |
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' Resol. In this case it is fit to
send such a Rogue to the place of his birth,
' for this is but a mistaken, and no legal setling. |
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In what the
Gaol may
be deliver'd
at the Session. |
' 28. Qu. If an Indictment be
preferred to the Grand Jury of the Quarter
' Sessions of the Peace against one for Murther, Man-slaughter; for
' Robbery, Felony, or Petty-larceny, and Ignoramus found thereupon,
' whether the said Sessions may deliver the party by Proclamation, or
' not? |
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' Resol. Not by Proclamation at all,
but for Petty-larcenies, and other
' petty Felonies, in discretion the Gaol may be delivered of them. |
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Constable
elect refusing. |
' 29. Qu. If a Constable be chosen
and refuseth to take his Oath, what
' shall be done, and whether a Constable may make a Deputy; and by
' what means? |
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Deputy
Constable. |
' Resol. the refusal or neglect to
take an Oath in such a case, is a contempt
' worthy of punishment, and thereupon to Fine and Imprison him;
' and the making of a Deputy is rather by Toleration, than by Law. |
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