The King against The Inhabitants of Binegar
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1806 |
| Date | 07 May 1806 |
| Court | Court of the King's Bench |
English Reports Citation: 103 E.R. 146
IN THE COURT OF KING'S BENCH.
the king against the inhabitants of binegar. Wednesday, May 7th, 1806. An order of removal of J. S. and B. his wife, made upon the examination of the wife, adjudging that they lately came into the parish of K. and are likely to become chargeable to it, and were last legally settled in M., is good upon the face of it, and conclusive upon the parish of M. as to the marriage and settlement of the husband and wife; so that upon a subsequent removal of the wife, describing her as B. S., single woman, from M. to B., M. cannot shew in evidence that the marriage was null and void. On the appeal by the parish officers of Binegar, in the county of Somerset, against an order of two justices for the removal of Elizabeth Savage, otherwise Walters, by the name of Elizabeth Walters, single woman, from the parish of Midsomer Norton, in the said county, to the parish of Binegar, the order of removal was affirmed by the sessions, subject to the opinion of this Court on the following case : On the 25th of April 1793, by an order of two justices made on the complaint of (a) 5TermEep. 715. 7 EAST, 378. THE KING V. BJNEGAR 147 the parish officers of Kilmersdon, it was complained and adjudged in the following words, viz. " That John Savage, labourer, and Betty his wife, (the said Betty being the pauper above removed), lately came and intruded themselves into the said parish of Kilmersdon, endeavouring there to settle a inhabitants thereof, contrary to law, not having any way acquired a legal settlement therein, and are likely to become charge-[378]-able thereto, we do, upon due examination, adjudge the said complaint and premises to be true : and we do further, upon the examination of the said Betty, the wife of the said John Savage, taken upon her oath, adjudge that the said John Savage, and Betty his wife, were last legally settled in the said parish of Mid-somer Norton." And the said Betty was removed from Kilmersdon to Midsomer Norton; but against this order of removal there was no appeal. On the 20th of July 1799, by another order of two justices, made on the complaint of the parish officers of Wellow, in the said county, it was complained and adjudged in the following words; viz. " That Elizabeth Savage (being the said pauper) lately came to inhabit in the said parish of Wellow, contrary to law, not having any ways gained a legal settlement there, &c.; and...
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