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RESCUE; see ESCAPE AND RESCUE

RESIDENCE,

Place of residence of defendant, 184

Is generally where a party lodges; see SETTLEMENT BY APPRENTICESHIP

RESPITED APPEAL; see APPEAL

RESTITUTION OF GOODS,

Of goods stolen under 21 H. VIII. c. 11, 970

Owner may retake, id.

Provision of 7 & 8 G. IV. c. 29, s. 57, as to goods stolen or unlawfully ob-
tained by mere fraud, 971

Does not extend to negotiable securities bona fide paid, or acquired by bond
fide transfer, 972

Negotiable securities are not recoverable by action from bond fide holder,
though stolen or obtained by fraud, id.

RESTITUTION,

When awarded in queen's bench in forcible entry, 913, n.

RETAKING,

Land or stolen goods by owner, 971; see 377

RETURNING,

To prisoner money, &c. taken from him, when permitted, 493
After removal as pauper, no offence, 716

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RIOT; see ROUT,

Definition of, 463

Law as to riots, routs, and unlawful assemblies, 464
As to indictment for, 168

Form of indictment for a riot, 467

RIVER; see VOYAGE

ROGUES AND VAGABONDS,

Description and punishment of; see VAGRANT

ROMAN CATHOLICS,

Relieved from disabilities as such; see JUSTICES

ROOF,

In housebreaking, what, 240

ROOTS AND PLANTS; see VEGETABLE

ROPE-DANCING; see NUISANCES

ROUT; see RIOT,

Definition of and law as to, 464
Form of an indictment for, 467

SACRAMENTAL TEST,

Abolished, and,

Declaration by justices in lieu thereof; see JUSTICES

SACRAMENT MONEY; see EMBEZZLEMENT (FELONIOUS)

SAID, SAME, 175

SAVINGS BANKS,
Deposits, 263

SCILICET, 190

SEA SERVICE,

Apprenticeship to, no longer confers settlement; see SETTLEMENT by AP-

PRENTICESHIP

SECRETARY OF STATE, 92, 102

SECURITIES-STEALING,

Provision of 7 & 8 G. IV. c. 29, s. 5, relating to, 235

Form of indictment for, 236

Points relating to indictment for, id.

Punishment of, 238

SECURITIES,

Negotiable, restored, though obtained under false pretence, 972; see 323,
CHEAT, EMBEZZLEMENT

[In p. 323, sect. 5, is misprinted for sect. 57.]

SENIOR and junior, 181, 190

SENTENCE; see JUDGMENT

SEPARATING,

Husband and wife and family, 950; see REMOVAL

SEPARATISTS, 548

SERVANT; see BAILEE

Giving away his master's property, 215

Or using it without authority, e. g. giving corn to his horses, 215, 225
Possession by, when that of the master, 221, 222

Occupation by, 241, 242

SERVICE,

Of order of justices, 635, 636

SESSION OF PEACE IN GENERAL; see GENERAL SESSION OF PEACE,
What, 1

How constituted and classed, id.

Jurisdiction of, when exclusive or concurrent, 2, 3; see JURISDICTION
Considered as one day, 631, 900; see 206

Practice of; see PRACTICE

Jurisdiction of, in appeals, 901

Mixed question of law and fact is peculiarly for their decision, 684
Reviewing judgments of, by queen's bench, 902

Original intermediate, 49

SESSIONS OR QUARTER SESSIONS (in general); see GENERAL QUARTER
SESSIONS

Finding of, on facts when conclusive on queen's bench, 904

In cities and towns corporate, 3

Exception to their authority before 5 & 6 W. IV. c. 76, id.

Petty session, 8; see PETTY SESSION

Special session, 14; see SPECIAL SESSION

Inspection of books of, 133

SETTLEMENT OF POOR,

Settlement in progress of completion (by renting a tenement), how affected by
passing of an act on the subject, 797

BY BIRTH, 735

Bastards born before 14th August, 1834, generally settled where born, 712,
735

Exceptions, id.

Bastards born since 14th August, 1834, follow the mother's settlement till
16, or acquire settlement in own right, 711, 712, 736

Removing to settlement, 711, 712

BY PARENTAGE, 737

Legitimate children derive settlement from father, or, if he has none, from
their mother, id.

Exceptions, id.

Proofs of father's settlement establish that of his child, id.
Not defeated by his attainder or removal, 738

Children follow the changes of their father's settlement, id.

Children deriving settlement from the mother, change it in like manner
with her; exception, id.

Emancipation, and general rule as to it, 738-740

How soon a child may gain a settlement for himself, 739

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Woman's settlement, when not suspended during coverture, 744

Evidence of marriage, 745

BY APPRENTICESHIP,

Acts creating this settlement, 746, 747

Who gain this settlement, and exceptions, 746

1. Of the contract of binding and the parties, 747

May be by and with a person above seven years old, id.

Must be with assent of parties, unless in case of a parish apprentice,
748

Contract must be in writing, or void, and will not enure as hiring, 749
If teaching and learning be not the primary object of contract, it is
defective as contract of apprenticeship, but may be good as a contract
of hiring, 750

Effect of two contracts, one good for service, the other bad for appren-
ticeship, 751

Stamps requisite in indentures, 752

Full consideration to be expressed, id.

Indentures of children bound apprentices by parishes, charity trustees,
&c., 752

Must be by majority of parish officers, 753

Must be of children whose parents cannot maintain them, 754

Must bind boys till twenty-one, girls till twenty-one or marriage, id.
Two justices must be assenting parties together, and how, id.
Indenture may be assigned by parol, with assent of justices, 755, 757-
759

2. Residence under indenture in order to confer settlement,

Need not be in the master's parish, 755

Must be in the master's service, id.

But residence out of master's parish, on account of illness or indulgence,
will not suffice, 756

Must be for forty days to confer settlement, 757

Residence under a defective contract of apprenticeship, its effect, 751,
752

SETTLEMENT OF POOR-continued.

BY APPRENTICESHIP-Continued.

Residence after assignment, 757

3. Premature termination of relationship of master and apprentice, &c. its
effect, 759

Death of master cancels apprenticeship after three months from death, id.
Justices may order apprentice to serve widow, &c., id. 760
Bankruptcy of master now discharges the indentures, 760
When indentures discharged by consent to cancel them, id.
When discharged by magistrates, 761

How parish apprentice may be so discharged, id.

4. Evidence of the binding, 762

When parol evidence of indenture admissible, as if it is lost, &c., 762
BY HIRING AND SERVICE,

Origin of this kind of settlement, 762

Abolished from 14th August, 1834, 763

Previous service cannot be coupled with service after, id.
1. What unmarried parties might gain settlement by, id.
Who are "unmarried persons," id.

Relationship of contracting parties immaterial, 764

2. Of the contract of hiring, id.

General or indefinite hiring, id.

Party must be sui juris and able to contract for indefinite time, id. 765
Hiring by the piece is not a general hiring, 765

Hiring with weekly wages or by the week, id.

Special hiring for a year, to pay according to the work done, 766
Cases of special hiring, id.

Exceptive hiring, 767

Customary hiring, 768

Retrospective hiring and prospective conditional hiring, 770

3. Of the service necessary to a settlement, id.

Connecting services under hirings for a year or less than a year, id.
Services need not be ejusdem generis, 771

Services must be by party capable of contracting, 772

Places of performing service may be different, 773

Service may be with another party, if under direction or assignment of

first master, 774

So service may be with master's executor, id.

Cases of dispensation with service and dissolution of contracts, id.

Absence in middle of the year generally immaterial, id.

Absence in prison, 775

Absence in beginning of year, id.

Absence at the end of the year, id.

Absence to avoid a settlement, id.

Cases of discharge of servant, 776

4. Necessity and effect of residence to this settlement, 777

Forty days' residence necessary, id.

Settlement depends on place of residence, not of service, id. 778
Forty days need not be reckoned consecutively, 777

BY RENTING A TENEMENT,

Law of, before 59 G. III. c. 50, 778

1. What is a tenement within 13 & 14 C. II. c. 12, id. 779

2. What taking or occupation sufficient, as a "coming to settle," 780
3. Mode of estimating the "value" of the tenement, 784

Law of this settlement as altered by

59 G. III. c. 50, during the time between 2nd July, 1819, and 22nd
June, 1825, 786

Residence on tenement unnecessary, but residence in the parish neces
sary, 787

Tenement may consist of house, or building, or land, or both, id.

SETTLEMENT OF POOR-continued.
BY RENTING A TENEMENT-continued.

Renting and occupying middle floor of a house, 787
Toll house of navigation, id.

Situation, value, and hiring of the tenement, id. 789
Evidence of the hiring, occupation, and renting, 789
User and enjoyment under 59 G. III. c. 50, 791
Payment of rent, 731, n. (z), 791

By distress, 792

Occupation and payment of rent under different hirings, id.; see 796
Deduction for tithe, 792

Law of this settlement as again altered by

6 G. IV. c. 57, during the time between 22nd June, 1825, and 3rd
March, 1831, 792

59 G. III. c. 50, repealed, but no revivor of 13 & 14 C. II. c. 12, re-
sults, id.

House, building, or land to be occupied under yearly hiring, 793
User or enjoyment of tenement need not be exclusive, id.

Payment of rent, id.

Law of this settlement as further altered by

1 W. IV. c. 18, s. 1, and 4 & 5 W. IV. c. 76, s. 66, since 30th March,
1831, 794

Actual occupation of whole tenement now requisite, and underletting
prevented, id.

Exceptions, 795

Payment of poor-rate for a year required, 794

Cannot connect two hirings for a year with an occupation for a year

under them, 796; see 792

Payment of rent, &c. under 1 W. IV. c. 18, 796

Effect of the above acts on incomplete settlements, 797

BY PAYMENT OF PAROCHIAL TAXES,

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Statutable restriction as to estates purchased for less than 301., 800

Long possession, from which to presume a grant, 801

Permissive occupation will not confer this settlement, 805

1. What amount of estate will confer a settlement, and on whom, 800-
806

2. What estate considered as acquired by purchase within restriction of
9 G. I. c. 7, id.

3. What construction prevails as to the consideration money for purchased
estate, 807

4. What parties irremovable from estate though not settled, 809

5. What residence necessary to settlement by estate, 810

BY SERVING AN OFFICE,

Provisions relating to, 812

Enumeration of offices which confer this settlement if served before 14th Aug.
1834, 813

Office must have been, at least, annual, id.

Employment arising out of private contract insufficient, 814

Office must have existed in parish where officer lives, id.

Legal appointment to, necessary to acquiring, by a certificated man, 814;
see 818

OF SETTLEMENT BY ACKNOWLEDGMENT; viz. BY CERTIFICATES, RELIEF
AND NON-APPEAL AGAINST ORDER OF REMOVAL

Substance of statutes respecting certificates, 815

Construction of statutes, 816

Consequence of granting certificates, 817

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