CASES

IN THE

COURT OF KING'S BENCH,

FOR THE USE OF

Justices of the Peace.

HILARY AND EASTER TERMS, 1835.

The KING v. The Inhabitants of ST. NICHOLAS,

UPON appeal against an order for the removal of No settleSanders Sparrow, his wife and family, from St. James ment can be to St. Nicholas, Colchester, the sessions confirmed the order, subject to the following case :—

By an agreement in writing, dated 24th March, 1831, the pauper and one Hutchinson hired a messuage in the parish of St. Nicholas, for two years, at the rent of 60l., payable half yearly. Hutchinson was included in the agreement merely to guarantee the payment of the rentthe pauper only being intended to occupy the premises.

gained since the passing of

1 W. 4, c. 18, by the renting and occupa

tion of a tenement by a party who allows an undertenant to have the exclusive occupation of rooms in the tenement,-for

however short a period such occupation may continue, and however small may be the sum paid in consideration of it.

Semble, that a letting of rooms by an inn-keeper to his guests, is not such an underletting as would defeat the settlement.

The 1st section of 1 W. 4, c. 18, (though prospective only) applies to cases in which the occupation had commenced, but was not complete, at the time of passing

of the act.

Semble, That a discharge of rent, by means of a distress upon the goods of the tenant, is a sufficient payment of rent by the party hiring the tenement, within 1 W. 4, c. 18, s. 1.