R v The Inhabitants of Duns-Tew
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 891
COURTS OF KINGS BENCH
bex vers. the inhabitants of duns-tew. A settlement may be gained by occupying a tenement, altho' there be not an actual hiring. In an order of sessions it was stated; that the pauper, and Goodman his father-in-law, occupied a farm, at the rent of eighty pounds a year, in the parish of Duns-Tew, as partners; that in the year 1747, Goodman hired a farm in Little-Tew, at the rent of fifty pounds a year; that before Goodman entered upon the farm in Little-Tew, the pauper asked him, if he depended upon his going with him 1 To which Goodman answered, Yes, for I cannot go without you ; that Goodman and the pauper went with their joint stock from Duns-Tew to Little-Tew, and resided upon and managed the farm in Little-Tew jointly seven years ; that the receipts for the rent were given to Goodman alone ; that, upon the taking of a distress for rent in arrear, Goodman alone executed a bill of sale of the stock to the landlord ; that when the bill of sale was executed, the pauper, although present, did not claim any interest in the stock; that in the year 1754, the pauper left the farm, and Goodman allowed him sixty-[312]-two pounds for his share of the stock; and that the pauper was soon after removed by an order of two justices to Duns-Tew. The question was, whether the pauper did gain a settlement in Little-Tew 1 It was holden that he did. And by the Court-An actual hiring of a tenant is not necessary to the gaining of a settlement; for as no power is given, by the 13 & 14 C. 2, c. 12, of removing a person, who comes to settle in a tenement, of the annual value of ten pounds, such person is irremoveable; and consequently, he may gain a settlement. It has been said; that no credit was...
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