Reports of Cases Argued And Determined in the Court of King's Bench: in Michaelmas, Hilary And ...
Reports of Cases Argued And Determined in the Court of King's Bench: in Michaelmas, Hilary And ...
Sandford Nevile , Great Britain Court of King's Bench, James Manning
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No account was given by the respondents of the place of settlement of either of his parents. Therefore, proof of where the pauper was bom was prim& facie evidence of the place of settlement. This was relied on by the respondents. It was competent then for the appellants to rebut this prim& facie case, by proving that the mother had, before her marriage, acquired a settlement elaewhere. That might, undoubtedly, have been displaced by proof of the place of settlement of the father; but proof of t...he father's settlement, is only one mode of answering the primi C^cie case arising from proof of the place of birth. The case, therefore, stands thus : The respondents have made out a prim^ facie case by proving Cuthbert's place of birth, and the appellants have rebutted that case by proving the mother's place of settlement. Patteson, J. — What is called a birth-settlement is the weakest species of settlement ; and if one better is shewn, it is destroyed. A child is settled in the place where it is bora only when no other settlement can be ascertained* The appellants prove that the mother had a place of settle- ment, and that destroys the settlement by birth.
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