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Whitechapel Parish v Stepney Parish

Maclean & Robinson's Appeal Cases English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1741
Date01 January 1741
CourtCourt of the King's Bench

English Reports Citation: 90 E.R. 851

IN THE COURT OF KING'S BENCH

Whitechapel Parish
and
Stepney Parish

whitechapel parish versus stepney parish. Pas. 1 Will. 3. Where the parent is a vagabond, the birth of a legitimate child gains a settlement where born. Comb. 380. The case was, one Borer had two children, both born in the parish of Whitechapel; the father died, and the mother married again, and not long afterwards the husband and wife ran away, and deserted these children, who were afterwards privately drop'd in the parish of Stepney, one of them being two years old ; and the other four years old ; whereupon the children were by order of two justices removed to Whitechapel, but that [434] order was vacated upon an appeal; and the reason expressed in the sessions order was, because Stepney could not prove that Borer the father of the children was ever legally settled in Whitechapel, tho' in the same order it was acknowledged by express words, that both the children were born in Whitechapel. And now it was moved to quash this order of sessions, the question in law being, if the birth of these legitimate children shall gain a settlement of them where the parent is dead, and the place of his last settlement unknown, and so must be esteemed as a vagabond. It waa agreed by all, that the birth...

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