The Queen against The Inhabitants of St. Pancras

JurisdictionEngland & Wales
Judgment Date17 June 1873
Date17 June 1873
CourtCourt of the Queen's Bench

English Reports Citation: 114 E.R. 1152

IN THE QUEEN'S BENCH

The Queen against The Inhabitants of St. Pancras

thi qveen against the inhabitants of st. panceas. Saturday, June 17th, 1843. Pauper, being hired as a yearly servant on 30th November 1828, continued to serve under the hiring till 1837. On 30th November 1833, and for forty previous days, she resided in the parish of St. Paricras. In March 1834, and thence till 1837, she resided in St. Marylebone. Held that, by the operation of stat. 4 & 5 W. 4, c. 76, s. 65, she was settled in St, Pancras and not in St. Marylebone. On appeal against an order of two justices for the removal of Jane Roberts from the parish of St. Marylebone, in the county of Middlesex, to the parish of [14] St. Pancras, in the same county, as the place of her last legal settlement, the sessions confirmed the order, subject to the opinion of this Court on the following case. The pauper was hired on 30th November, 1828, as a yearly servant, by Mrs.Hewitson, and served her said mistress under that hiring in various places continuously until 1837. On 30th November, 1833, and for forty previous days she lived with her mistress in St. Pancras. In March, 1834, she went to reside with her said mistress in St. Marylebone, where she continued to reside until the conclusion of her service. The appellants contended that on 13th August, 1834, a year's service under a yearly hiring was complete, and that the last forty days' residence in St. Marylebone previous to August 14th (a), 1834, fixed the settlement in the respondent parish. But the respondents contended that, the original hiring of the pauper having taken place on 30th November, the last settlement of the pauper was gained by the last forty days' residence ending on 30th November 1833, the end of the last even year reckoning the years' services from the commencement, no subsequent even year's service being capable of completion, by operation of scat. 4 & 5 W. 4, c. 76, s. 65. The question for the opinion of the Court was, whether the pauper's year's service, ending August 13th, 1834, was, under the circumstances of the case, disseverable on the 30th November 1833, so as to prevent a settlement being gained by the last forty days' residence previous to August 14th, 1834. If it was so...

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