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- Does not extend to negotiable securities bona fide paid, or acquired by bond Negotiable securities are not recoverable by action from bond fide holder, 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 RIOT; see ROUT, Definition of, 463 Law as to riots, routs, and unlawful assemblies, 464 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 SACRAMENTAL TEST, Abolished, and, Declaration by justices in lieu thereof; see JUSTICES SACRAMENT MONEY; see EMBEZZLEMENT (FELONIOUS) SAID, SAME, 175 SAVINGS BANKS, 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, [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 Occupation by, 241, 242 SERVICE, Of order of justices, 635, 636 SESSION OF PEACE IN GENERAL; see GENERAL SESSION OF PEACE, How constituted and classed, id. Jurisdiction of, when exclusive or concurrent, 2, 3; see JURISDICTION Practice of; see PRACTICE Jurisdiction of, in appeals, 901 Mixed question of law and fact is peculiarly for their decision, 684 Original intermediate, 49 SESSIONS OR QUARTER SESSIONS (in general); see GENERAL QUARTER 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 BY BIRTH, 735 Bastards born before 14th August, 1834, generally settled where born, 712, Exceptions, id. Bastards born since 14th August, 1834, follow the mother's settlement till Removing to settlement, 711, 712 BY PARENTAGE, 737 Legitimate children derive settlement from father, or, if he has none, from Exceptions, id. Proofs of father's settlement establish that of his child, id. Children follow the changes of their father's settlement, id. Children deriving settlement from the mother, change it in like manner Emancipation, and general rule as to it, 738-740 How soon a child may gain a settlement for himself, 739 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, Contract must be in writing, or void, and will not enure as hiring, 749 Effect of two contracts, one good for service, the other bad for appren- Stamps requisite in indentures, 752 Full consideration to be expressed, id. Indentures of children bound apprentices by parishes, charity trustees, 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. 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, Must be for forty days to confer settlement, 757 Residence under a defective contract of apprenticeship, its effect, 751, SETTLEMENT OF POOR-continued. BY APPRENTICESHIP-Continued. Residence after assignment, 757 3. Premature termination of relationship of master and apprentice, &c. its Death of master cancels apprenticeship after three months from death, id. 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 Origin of this kind of settlement, 762 Abolished from 14th August, 1834, 763 Previous service cannot be coupled with service after, 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 with weekly wages or by the week, id. Special hiring for a year, to pay according to the work done, 766 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 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 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 Law of this settlement as altered by 59 G. III. c. 50, during the time between 2nd July, 1819, and 22nd Residence on tenement unnecessary, but residence in the parish neces Tenement may consist of house, or building, or land, or both, id. SETTLEMENT OF POOR-continued. Renting and occupying middle floor of a house, 787 Situation, value, and hiring of the tenement, id. 789 By distress, 792 Occupation and payment of rent under different hirings, id.; see 796 Law of this settlement as again altered by 6 G. IV. c. 57, during the time between 22nd June, 1825, and 3rd 59 G. III. c. 50, repealed, but no revivor of 13 & 14 C. II. c. 12, re- House, building, or land to be occupied under yearly hiring, 793 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, Actual occupation of whole tenement now requisite, and underletting 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, 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- 2. What estate considered as acquired by purchase within restriction of 3. What construction prevails as to the consideration money for purchased 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. 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; OF SETTLEMENT BY ACKNOWLEDGMENT; viz. BY CERTIFICATES, RELIEF Substance of statutes respecting certificates, 815 Construction of statutes, 816 Consequence of granting certificates, 817 |