[Continued.

Lord Warrington.

582. There are the words "if a legitimate child, shall take and follow up to the age of sixteen the settlement of his father." That is in accordance with the Llanelly case?-(Mr. Comyns.) That is the statute.

583. Where do we depart from it? "but if after the death of the father the mother acquires a settlement (not being a derivative settlement) "-is that in the statute?-(Sir Frederick Liddell.) That is not in the statute. (Mr. Comyns.) Those are the words Sir Frederick referred to. That comes from a judicial decision in the case of The Llanelly Union v. The Neath Union.

Mr. Neville.

584. Where does this word "maiden come from; from a judgment or an Act of Parliament? (Sir Frederick Liddell.) It is defined later.

The

585. This is where it first appears then?-In an Act of Parliament. I do not think it is in any present Act. language of the present statute is: "No person shall be deemed to have derived a settlement from any other person, whether by parentage, estate, or otherwise, except in the case of a wife from her husband and in the case of a child under the age of sixteen, which child shall take the settlement of its father or of its widowed mother, as the case may be, up to that age, and shall retain the settlement so taken until it shall acquire another. An illegitimate child shall retain the settlement of its mother until such child acquires another settlement."

Lord Warrington.] Would it not be better to say: "in and so far as his father has no settlement the settlement of his mother immediately before her marriage to the father "?

Mr. Neville.] Yes, I think that would cover it. That is much better than to demoralise a word like "maiden."

Lord Warrington.] That would cover every case-" if a legitimate child, shall take the settlement of his father or if and so long as his father has no settlement the settlement of his mother immediately before her marriage to the father."

Mr. Neville.] That would be much better to my mind, although it is not quite so short, than prostituting the word "maiden."

Lord Warrington.] Then you would not want that explanatory sub-clause at all, because no marriage is in question in this particular case except to the particular man.

Mr. Neville.] That is so.

Sir Henry Slesser.

589. You will observe that there is a definition? Yes, that would have to come out.

Lord Warrington.] I suggest putting in the words after the word "mother" and before the word "but " "immediately before her marriage to his father." There can be no mistake about that.

covers

Mr. Neville.

"En

(Mr. Comyns.) derivation and acqui

a

Lord Warrington.

587. You have a section defining "maiden "?-Yes.

Mr. Neville.

588. You define a maiden as being a widow?-It is difficult to suggest another word.

Mr. Neville.] It is like the Fisheries Act which defines a salmon to be a trout.

60288

Chairman.

[Continued.

illegitimate, who has attained the age of sixteen has not acquired," &c.

593. I know it requires very careful consideration? - The decision in the Barton case is that the provision which is reproduced by Sub-clause (4) does not apply to any child under sixteen.

594. To any illegitimate child under sixteen? No, any child.

595. I thought Lord Watson said it did not apply to any illegitimate child under sixteen in the Reigate case that they were dealing with?-It was an illegitimate child in the Barton case.

on

596. Yes, and I think you will find Lord Watson's judgment in the Reigate case was that the words in the section, which appear prima facie to refer both to legitimate and illegitimate children do not refer to illegitimate children?— (Mr. Comyns.) I find an extract from Lord Watson's judgment printed page 1426 of Brooke Little. "The provisions of the third clause of which this is the effect have, however, no application to children under the age of sixteen and do not qualify the preceding enactment of the section to the effect that a legitimate, or that of Section 71 of the Poor Law Amendment Act of 1834, to the effect that an illegitimate child shall continue to retain its parentage settlement until it has reached that age."

597. I see? It is a decision that the third clause has no application to children under sixteen.

an

598. I have not been able to look again at the case, and I had forgotten that, .but I think it would be as well to have that redrafted in view of the final decision of the House of Lords in the Barton case, because we have now authoritative judgment there?—Yes. Chairman.] Then this clause will be postponed. We will not settle it to-day. Mr. Neville.] What are the words you suggest, Lord Warrington?

Lord Warrington.] "Enjoyed by his mother immediately before her marriage to his father."

Mr. Neville.] Not the settlement that his mother enjoyed previously?

Lord Warrington.] No, I think it would be better to have "enjoyed by his mother immediately before her marriage to his father."

(Clause 109 is postponed.)

Lord Warrington.

608. That is the Act of 1925?-Yes. The rates will not be limited to the parish at all, but to the district, from the 1st April.

Sir Henry Slesser.

609. The parochial rate disappears?— You will be able to have a special rate over any parish or any other area.

610. It says "If any person is charged with and pays his share towards the public taxes or parochial rates." Most rates will not be parochial rates in that sense of the word, and therefore if one is codifying it it seems to me that this clause has not sufficient regard to a change in the law produced by the Rating and Valuation Act, 1925.

Lord Warrington.] Would this meet it: "If any person is charged with and pays his share towards the public taxes or local rates in respect of any tenement of the yearly value of £10, being his own property "?

Mr. Neville.] Would you leave in "the local rates of any parish"?

Lord Warrington.] You do not want them. What I suggest is "if he pays local rates in respect of any tenement " that is enough. It must then be the district rate.

Sir Henry Slesser. Yes.

You leave out "therein " too?

Lord Warrington.

run

611. Yes. It will "the public taxes or local rates in respect of any tenement of the yearly value of £10 being his own property."-" He shall thereby acquire a settlement in the parish in which the tenement is situate "?

Lord Warrington.

612. Yes, that would be right—" in the parish in which the tenement is situate." -Yes.

Sir Henry Slesser.

613. Would it be better for this to be reconsidered?-Yes, I think so.

Lord Warrington.] I might suggest that the same treatment should be ap66 'The plied to sub-clause (ii) probably. local rates" not of any parish but "the local rates in respect of any tenement."

Mr. Neville.] Will not you leave out in sub-clause (ii) "in respect of any tenement "?

Lord Warrington.] You will want it, because there is a residence in the parish for 40 days.

Mr. Neville.] Yes.

Sir Henry Slesser.] I should be content to leave it for reconsideration.

Chairman.] Yes, I quite agree. I suggest that we adjourn now.

(Clause 114 is postponed.)

Chairman.] Will you assent to the short Report?

Mr. Neville.] Yes.

Lord Warrington.] Yes.

Chairman.] We shall have the pleasure of meeting again next spring.