NEW SESSIONS CASES.

Court of Queen's Bench.

HILARY TERM (a), 1850.

The QUEEN v. The Inhabitants of CARLTON.

1849. July 5th.

ON appeal against an order of two justices, dated the In 1822, the 15th March, 1845, for the removal of Jane Ellison and members of a

building club

piece of land

her two bastard children from the parish of Carlton, in purchased a the West Riding of the county of York, to the township andi of Marsden, in the county of Lancaster, the sessions quashed the order, subject to the opinion of this Court

on the following case:

mortgaged it to chase-money.

pay the pur

and at that time the purchase. money for each

The examinations set up a settlement in Carlton by member was parentage.

a

The appellants, in their grounds of appeal, set up settlement by estate in Carlton by the father of the pauper, and alleged that she was residing with him

to the time of his death.

up

The appellants then proved the following facts under

(a) Several of the following Hilary Term, but were unavoidcases were decided previously to ably omitted in their proper place.

less than 301. By the rules of

the society each

member was to

pay a monthly

and an annual

subscription,

and, as each member became

entitled by lot, a portion of the land, with a house built on it, was conveyed to him in fee. E.,

one of the members, was let into possession of a house so built, and continued to pay rent for it to the club from 1832 to 1838. In 1839, when all the payments due from him had been paid, amounting to 817., the house and land were conveyed to him in fee:-Held, that E. gained a settlement by estate in 1839, but that prior to that time he had not any equitable estate in any portion of the land belonging to the club.

VOL. IV.

B

N. S. C.

the last mentioned grounds of appeal: that a building club, called the Carlton Building Society, was formed in April, 1822, of which Hugh Ellison, the father of the pauper, then became a member and a subscriber for one share; that the club consisted of fourteen members, and their object was the erection, upon a piece of land to be purchased for that purpose, of an equal number of houses as there were shares subscribed for by the members; the funds necessary for buying the land and building the houses were to be obtained by the periodical payments of each member; the rents arising from time to time from the houses as they should be completed and occupied, and fines payable by the members for infractions of the rules of the club, as severally specified in certain articles of agreement entered into by the members on the formation of the club, a copy whereof is annexed to and to be taken as part of this case (a); that the members of the club entered into a contract for the purchase of a piece of freehold land in Carlton, and commenced building houses thereon before any conveyance was made to them of the property; afterwards, by a deed bearing date the 9th of April, 1822, and to which the said club were parties, reciting the agreement made

(a) The following rules of the society were referred to :

(1.) Every member to pay 6s. 8d. a month, until all the shares be paid up.

(5.) A plot of freehold ground to be purchased by the society, which was to be built upon according to a plan, and the houses to be allotted among the members according to their shares.

(8.) No subscriber to be at liberty to mortgage his lot until the final conclusion of the society; but that the payment of rent to the officers shall be deemed a

vesting of property in them, so as to prevent any security given being valid.

(16.) Each subscriber shall, when the whole of the erections are completed, pay for the conveyance or other title of his share.

(22.) All and every the subscribers paying their respective subscriptions and agreeing to the articles shall, at the end and determination of the society, be fully entitled to their respective shares and the conveyances.